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HomeMy WebLinkAbout2015-442-E AMS - Baker Roofing Company for remedial roofing at Hwy 86 North $17,090 DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 ORANGE COUNTY THIS CON STRucriON AGREEMENT (hereinafter "Agreement"), is made and entered into this 12th day of August, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Baker Roofing Company (hereinafter the "Contractor"), party of the second part-, W I T N E S S ETH: I`or the purpose and subject to the tern-is and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of`this Agreement. 1. TERM Beginning arid ending dates of contract-. August 24, 201 5 through September 18, 2015. The Project Commencement Date shall be August 31, 2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed, seventeen thousand ninety dollars ($17,090) 3. SERVICES Contractor agrees to provide the following construction services (the "Work",): remedial roofing of 600 Highway 86 North facilities, as described in proposal ot'July 6, 2015, provided herein. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible fior, all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts, at no additional cost to Owner. 4. PAYMENT Contractor shall Submit an invoice for construction services provided. "I'he invoice shall contain Contractor's, name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services, provided in payment requests. "fhe Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be perfori-ned until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised 10114 DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner, All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed all officer, employce or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at tile addresses as shown oil the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers,' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in 'tile Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each dOCLIMent is incorporated herein by reference and may be viewed at http://orangp�g ntync, c�v�g�urcha.siti.g/c t - if Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Contractor shall not confirnence construction work until such insurance is in ef"fect and certification thereof has been received by the Owner's Risk Manager. S. INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, hartriless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's tees related thereto) arising out of, ' in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work, Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify tile Owner to the full extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to Payments, to any other party without the prior written consent of the Owner. 10�. NON—APPROPRIATION Rev see l0/14 2 DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public Funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of`public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and./or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations tinder this Agreement, then this Agreement shall automatically terminate Without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. DIGITAL SIGNATURES This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the tenlis of tile proposal. 13. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. 74, [SIGNATURT,.� PAGE TO FOLLOW] Revised 10/14 3 DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR DocuSigned by: D signed by: By r�bvuVUit, �M.tysL" �� 15Atr F, ocu 1 Co WSW 77 Baker 801f Mhpany 200 S. Cameron St. 517 Mercury Street P.O. Box 8181 Raleigh,NC 27603 Hillsborough,NC 27278 Revised 10/14 4 DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 ()range County Asset NlanagemQnt Remedial Roofing—AMS North Operations Warehouse and Small Storage, I lillsbOTOLIgh,NC PR POSAL FORM Proposal of' Baker Roof inci_Co_ (herein after called Bidder) a_q_qrp organized and existing Linder the Laws of the State of NQ Insert corporation,partnership or individual as applicable To: Orange County Asset (herein after called Owner). Gentlemen: The Bidder, in compliance with the bid for Remedial Rooting—AS North Operations Warehouse and Small Storage, 600 Highway 86 North, Ifillsborough, North Carolina, having examined the Contract Documents prepared of the work by SthWall Building Diagnostics Consultants, dated May 2015, and addenda,and the site of the proposed work, and being fain liar with all of the conclitionssurrounding the construction of the proposed project including the availability of materials, and supplies, agrees to construct the project in accordance with the Contract Documents, within the time set forth (herein, mid the prices stated below. T'liese prices are to cover all expenses incurred in performing the work required under time Contract Documents,of which this proposal is a part, Bidder further agrees that the amounts and quailtities of"rnaterials be ftarnished mid, work to be done, 'as stated in the lIIStYUCfi()nS to Bidders, the G cameral Conditions,uiditioni, Supplementary Conditions, and the Technical Specilluitions and Drawings, arc recognized by It to be a Full and complete indication of file work in its fibliest and most complete sense, and that it is satisfied with such Notice etc., in determining the prices for the several classes of'work as specified-, and will not at any tinic dispute or complain that there is any misunderstanding ill regard to the nature or amount ofniaterials to be furnished and work to be done. Bidder hereby agrees to commence work under the contract on or before a date to be specified in writing known as "Notice to Proceed" and to fully complete the project within 30 consecutive calendar days thereafter as stipulated. Bidder further agrees to pay liquidated damages in the amount of$200 per day,per building, for each and every day the project remains,incomplete beyond the sebeduled completion date. Bidder acknowledges receipts of the fbIlowing addenda: Nurnber 1 Date: 7/6-/15 Number Date- Number Date: 7/6/15Nurnber Date: PaL,c I DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 Orange CoLtnty Asset Management Remedial Roofing-AMS Noi-di Operations Warehouse and Sn-jall Storage, Hillsborough,NC PROPOSAL FORM General Means A. Insurance Lurnp Burn (L.S.) $ 0(see ins info attache B. Mobilization I-S. $ 450. 00 C. Warranty I-S, $--.892. 00 Subtotal-General Iterns 1,.S. S 1342 .00 Work Iterns A. preparation of cNisting metal roof US, $ 700 . 00 B. Furnish and install neww fluid applied roofing I-S, $ 12, 948 , 00 to include all flashings and related accessories C. Furnish and install .new goners and downspouts L.S. S ;?, 1001.100, 1). Furnish and install other items not specificaltv included or listed herein L.S. $ 0 Subtotal-Work Items L.S. $ 15, 748. 00, Totat Did Price-(General Items and Work Items) LS. is 17, 090.00 TOTAL BID PRICE: Bidder agrees to perform all of the work described in the s peci fi cations and shovni Oil (lie Plans I01-the S1,1111 Of Seventeen Thousand Ninetv and 001'100 090. 00 (Amount Shall be shown in both Nvorth,arid figUrCS.) In the case ut'a discrepancy in the pricing, Link P6US, Will C0111r0l' if there is 110 Unit price, the Jump suns pi�ace will control, totals shall be corrected to be consistent with the unit prices and IUMP SLIM prices,. The total base bid price shall be the sung of all Unit Cost eXtenSiOnS an(] fine items listed. Should the actual quarilities be increased or decreased relative to the estimated quawkies included it) the Proposal, the Unit Prices shown will bc, used to adjust tae contract price in accordance with the contract documents throUghOlIt the life of the contract. The Schedule of`Values which -,viH be used in the contractor's application for payment, shall be ffic iterns, units, unit prices and total prices all as shown herein. Bidder understands that the Owner-reserves the right w rei'vct any or all bid, and to waive any irifornialities in the bidding. The Bidder agrees that this bid shall be good and may nest be withdrami for as period of 60 calendar days after the scheduled closing time for receiving bids. Bidder further certi,fics that no or er1,1pl0)'CC Uf 01-WIgC COUnly has any interest„ direct or indirect, in this Corporation or Partnership, or in this contract, Bidder Ni-ther certifies that (lie fore:goin, statements made by it are true and that if any of lhe, foregoing staterrierils made are willililly false it is SLJlfjW to pU11iShn1Cnt. Proposal forms wiH not be accepted unless signed by the Owner or autborized corporate officer, Page 2 DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 Orange County Asset Management Remedial Roofing—AMS North Operations Warehouse and Small Storage, Hillsborough, NC The following items must be submitted with the Proposal Form: 1. Proposal Guarantee - NOT REQUIRED I -actor's License Number as issued by the State ofNord)Carolina Confi (Must be valid at time of bid opening) I Tabulation of"Subcontractors wid other persons and organizations required to be identified in this Proposal. Upon receipt of notice of the acceptance of this Proposal, Bidder will execute a lbrutal contract, Date:- 07/08/2015 NAME OF BIDDER: (Seat if bid is by a gp�etw4jgn) Baker Roofing mp 0"110 V'0 OF10V Person,Firm or Corporation RO 1�Ci OOP 0�� 0 0 BY: A — tire 19310 a TITL Vii g pr4p ..pidgL ........... Witness: Title: Estimatina Coordinator ZCIA & ............ End ref Proposal Form Page 3 DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 Contractor's Safety Record Information The Contractor's safety record shall be reviewed and eValUated in addition to other quality and performance criteria as part of bid evaluation process. FailUrc to provide the requested inforination arid documentation may result in rejection ofyour bid as non-responsive, Accordingly, all bidders niust submit the following infum-i ation regarding their safety record. The following definitions shall apply to this section: 0 "DAwr incident rate"- Acronym for"Days Away, restrictions and Transfers". The DART' incident rate may be used to show the relative level ofinjurieS and illnesses within a firin,cornpared to the industry, It is based only on those injuries and illnesses severe enough to warrant "Days Away, ReSLYICtionS and Transfers". The DART Incident rate is calculated using OSHA's Forin 300 and the following forniula: ((Nurnber of entries in column H (days away from Nvork) + column I Oob transfer or restriction)x 200,000) /(Number of hours worked by all employees) = DART Incident rate. "EMR---Acronym for"Experience Modification Rate." is an indicator of a contractor's past safety pert arrnar[ice, widely used by the insurance industry as an equitable means of detenninino premiums for workers' corripensanon insurance. The rating systern considers the average workers' compensation losses for a given firm's type of work and arnount of' payroll and predicts the dollar arnount of expected losses to be paid by that employer in a designated rating period. LIMIally three years, The rating is based on comparison of firms doing.(;inrilar types of work, and the employer is railed against the average expected perforniancc in each work classification. LOSSCS ilICUT-red by the ernployer for the rating period are then cornpared to the expected losses to develop an experience rating, "0S-HA"- Acronym for the Federal Occupational Health and Safety AdrnnliStTatiolL The term "OSHA" as Used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess lines or warnings for violation of Nvarker safety standards. 1. QSRA DART incident Rate, Provide the bidder's DART Incident Rate calculated from OSHA's Iorin 300 for the last three years and the other required information shown ill the example table below. The bidder inust aaach all sul)I)orling documentation and c-alculations includino,cerii ed 0SHA'ibrms. C fi DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE DART DART INCIDENT RATE INCIDENT RATE 2014 1.65 1 3.3 Roofing Contractors/23816 2013 0,98 33 Roofing Contractors 123816 2012 1.69 3.3 Roofing Contractors/23816 2. Experience Modification are (EMR). Provide the bidder's rnost recent Experience Modification Rate (EMR) based on insurance claims history, The bidder mustprovitle the source qj'1he F—WR information anci contaef info •inalion of insurer-enlity proviefing the EjWR. YEAR CONTRACTOR INDUSTRY FIELD AND NAME AND CONTACT-- EVER CODE INFO FOR E INFORMATION Roofing Contractors NFP Corporate Services 711/2015 to 7/1/2016 1 U9 23816 Mitzi Hines 704,9719501 -----------------------------i- 3 Answer the following 0S14A Specific Questions: (a) Within tLe last 2 years., has the bidder received any citations classified by OS11 A as being(I) serious, (2) willful and"or(3)repeat violations where your company operates? Yes No If yes, attach a COPY of Cade SUCh citation and violotiom, (b) Has the bidder experienced any work-related fatalities within the last five years'? Yes No DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 (c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years? Yes No (d) Is the bidder under investigation for any work-related fiatalities? Yes No X (e) If your answer is "'yes" to 31(b), (c) or(d), provide a copy of the citation(s), list of nurnber(s) of atalities and documented explanation of the fatality, 4. Safety Plan: (a) Does the company have a written safety program that includes responsibility for all aspects of safety management? Yes X No (b) Does the company have a written plan for safety training of new employees and ongoing training of existing employees? Yes X No (C) Does the company have documentcd evidence ot'safety training that they have conducted? Yes X No (d) If the company has, employees with limited English ability, does the company have a written plan for ensuring that their employees understand the training they are being given? Yes X No (e) Do all SUpervisors have an appropriate documented level of OSHA training (e.g., a ininimurn of 30 hour OSHA construction safety training)? Yes X No DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 (t) Do employees have documented basic OSHA 10 hour construction safety training? Yes x No (g)Does the company have a dOCUIllellted Hazard C OMIn Lill ication Program? Yes X No 5. Reguired Written Explanation of Safety Record. If the bidder has any of the following: (a) DART incident rate greater than its Industry average, (b) an EMR greater than 1.0, (c) answered "yes"to any of the OSHA Specific Question above, Or (d) answered"no"to any of the Safety Plan questions,the bidder shall provide the County, in its bid, a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record. Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the County. 000uSign Envelope ID:uonn4r1n'oAun-4n43-e000-F1ronEFss4on STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY l, Bruce Harrincrt n (the individual atzesdngbe|ow), being du8y authorized by and on behalf of (the entity bidding mn project hereinafter"Ennp|mVer") after first being duty sworn hereby swears or affirms asfollows; 1. Employer understands that E-Verif is the federal E-Veffy program operated by the United States Department of Homeland Security and other federal agencies,or any successor or equivalent program used tuverify LhewmrkauthorizatUnmof^evxlyhi/edemmp|myeesrvrsLanttofedera| |avxinaccardoncevvlthNOGS864-25(5). 2. Employer understands that . Each employer,after hiring an employee tmwork |n the United States, shall verify the work authorization of the employee through E-Verif;io accordance with NCGS§64-26(a). 3, Employer is a person,business entity, or other organization that transacts business in this State and that employs ZSor more omp|oyessin this State. (mark Yes orNo) e. YES_x , or lb. NO 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This_8thdsVof 30473-2815 ~ Signature of Affiant Print or Type Name: __. State of North Carolina Orange County Signed and sworn to (or affirmed) before me, this the 8th 0 DIANE M. BAKER :1� NOTARY PUBLIC day of JulV n My Commission Expires: LK Notary Public DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 --- - 0 DATE(MMJDDNYYY1i CERTIFICATE _... AC"R" ERTIFICATE OF LIABILITY INSURANCE 8512015 THIS CERTIFICATE IS ISSUED AS A ('MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the 1policy(ies)must the endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain Policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMtEA Mitzi-Hines. NFP Corporates Services(SE), Inc. 74071 Carmel Executive Park C7r, Ste 320 PHONE o- tL7Q4.:2Q0=939 ... - --� � !_i��,N Ai TOA ��-95071 Charlotte NC 28226 ... .... . _ iNSUiRERISJ AFFOR[iINt3 COVERAGE ...- ... _ NAM Yd INSURER.„A,, u-Ti.c.-Nortb,Arnerica 535_ ENSURED BAKEROO INSURER ., merican Guarantee&Liability. ........... 262,47..... .......... Baker Roofing Company, Baker Renewable Energy, LLC INSUra,.c Mercury Realty, LLCI JPB Holdings LLC; Baker South INSURER D, Roofing Company,Inc.;Angel Wings 8 LLC P 0 Box 26057 ...... Raleigh NC 27611 1 INSURER F: COVERAGES CERTIFICATE NUMBER:589724416 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE; LISTED BELOW HAVE BEEN ISSLIED "TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOU3REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT” TO WHICH THES CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED,BY PAID CLAIMS. At?gL 5&.DBR... ...... .- ......._— _ - - ' 6y0616Y EFE POLICY EXP _,,,,.----_ ..... ........_. LTR' TYPE OF INSURANCE IN POLICY NUMBER MM/L)LrrYYY MMIDDIr"YY LIMITS A GENERAL LIABILITY Y GLOO174014-01 711120115 7/112016 EACH OCCURRENCE $1„000,000 ..,......., I:P' AC L'DC1 RI~tD7ECY — .......................... X _ MERCIAL GEt10flT�1/;9'DILI'r'Y ... &C r/,IhftPL CE aaewrrenae.7 S 30GI�0fX? AIM°-MAnk.; X CUR MED FXP An one...rsnn' 310,0001 X i C onlydcluel LreE PERSONAL&ADVINJURY $1,000 000, X XCUIncluded GENERAL AGGREGATE. s 2,ugq Ia PEN'L AGGREfGATE.LIM41'r APPLOES PER PRCL Ud.TS COM1P)C. AI"C .$2,000 004 P Di.IGY X P C- LOG $ A AUTOMOBILE.LIABILITY BARE)174013-01 711.120115 71182016 a OMBINED t,OC9r�,p0© .. ..... .X ANY AId"TO BODILY INJURY Per person) 5 ALL!D'wf1fNED 1 '{,&it"L79JLFC'7 BPUOIL1'Bh+VJLDRYpeereccidr !} S ..... _,.,. ALL" AUTO,, . ....._.. . ....._ L�T HIRE1)AUTOS x AUN17S&NNED... PROPERTY accident)DAMAt",E A nTCS �r de cy_ Comprehensiv X Collision RD Deductible $1,000 B X UMBRELLA LEAR x OCCUR AUCS525043-03 711Y2015 11117 FAC H OCCURRENCE $10,0KEE00 EXCESS LIAR CL�AVMS-M1�AZDE AGGrREGATE $10,000,000 _. ....... — DED x RETENTEON 10,000 ;S A WORKERS COMPENSATION vkC0174015-01 711/2015 78112016 Ix I `nC STATU- OTH A.ND EMPLOYERS”LIAWL.ITY YIN ..., TOR.LIM.IVS ... .Ell ANY PROPRIFTORYPARTNERPEa]IklTtlV'F�"-'.'� EL EACH A CIDINr $1000000 u".AIFi ICFFUMEMb9.EER EXCLULDE01 N N!'a .._.._ ..._._....., _._.... ..._,.....,. _..... ..... (Mandatory EnNHI EL. rDISEASE-EAIEMPLOYF $1,000,000 .-.. DESCIRip r'ioN CDT'G,.PERATIION,S'beicow �E- DISEASE•r'r"DI IRMY I,IMII't $1,000,000 ALeaseBReoted Equip CPP0 11 7 46 4 6-Ot 71111 2015 71112016 Per rem 150,000 Crime MB/01'74648-01 71112015 78112016 Client Coverage 1,000,000 Builders R'is'k Any One Project 3,0300,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD$01,Additional Reirnarks Schedule,,it more space Is mquiredi Orange County is additional insured under the General(Liability for work performed by the named'insured for such additional insured, if required by contract signed by an authorized representative of the named insured. CERTIFICATE HOLDER CANCELLATION! SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE(POLICY PROVISIONS. P.O Box 8181 Hillsborough NC 27278 278 AUTHORIZED REPRESENTATIVE I A-I�Aoz @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(20'10105) The ACO1RD name and logo are registered marks,of ACORD DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 19 Additional Insured — Automatic — Owners, Lessees Or ZURICH" Contractors Policy No. Efl. Date of Pd. Exp. Date of Pol. Elf.Date of End. I Producer No. MO.Preen Return Pre GLOO174014-01 07-01-2015 07-01-2016 07-01-2015 1 Alan Wise J THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Baker Roofing Company Address(including ZIP Code): P.O. Box 37428, Raleigh, NC 27611 This endorsement modifies insurance provided under the: Cornirriercial General Liability Coverage Part A Section 11 —Who Is An Insured is amended to include as an additional insured any, person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for'bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "prod ucts-cornpleted operations hazard",which is the subject oft the written contract or written agreement. However, the insurance afforded to such additional insured; 1. Only applies to the extent permitted by law;and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional, insured, B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury"arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or lb. Supervisory, inspection,architectural or engilineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused, the 'bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1 175-F GW(04�13) Page I of 2 Includes copyrighted material of Insurance Services Office,Inc.,with uts permission. DocuSign Envelope ID:2C304718-BA25-4043-9BDC-F17B3EF664D8 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions: The additional insured must see to it that:. 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit"as soon as practicable;and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by ,another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on 'which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other insurance Condition of Section IV—Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance;and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured, 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section W—Cornrnercial General Liability Conditions This insurance is excess over; Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis, E. This endorsement does not apply to an additional insured which has been added to this policy by, an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement-, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-M-1 175-F CVV(04/13) Page 2 of 2 IndudeS GOpyrighted material of Insurance Services Office,Inc.,with its permission.