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HomeMy WebLinkAbout2015-552-E AMS - Dickerson Fencing & Landscaping 131 W. Margaret Ln fencing DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 [Departmental Use Only] TITLE Fencing at WCOB FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 13th day of October, 2015, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Dickerson Fencing & Landscaping (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: famish materials and labor to replace black ornamental steel fence panels with rings and install black bollards post filled with concrete, at 131 W Margaret Lane, per provided proposal of 09/25/15. The term of this agreement rendered shall be from October 8, 2015 to November 25, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS I. Pam: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed two thousand one hundred fifty two dollars, ($2,152). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 10/14 1 000uSign Envelope ID:uE1nnrrn-7nn5-4e4E'ooAr-4ronssoFo4os be required by Owner's Risk Manager as such insurance requirements are described inthe Orange County Risk Transfer Policy and Orange County Minimum lnooronoo Coverage Requirements (000b document is incorporated herein bv reference and may bo viewed o1 . If Owner's Risk Manager dotooninoo additional insurance coverage is required such additional inoorouoo shall consist of (if no additional insurance required nnodk N/A oo being not oppliooblo). Provider shall not commence work until such insurance is in effect and oodiGoodon thereof has been received by the Owner's Risk Manager. 5. : The Provider ogr000 to defend, indemnify, and bold borml000 Orange County from all losses, liabilities, oloinno, demands, suits, costs, doznogoo or oxpon000 (including reasonable o1hurnoy'o fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part ofthe Provider. (i Termination: This Agreement may bo toonino1od at any time bv mutual written ogroonnont of the parties orbv the County upon written notice to the Provider. 7' Entire Agreement and Signatures: The podioo have rood this Agreement and agree to be bound bv all of its terms, and further agree that h constitutes the complete and exclusive statement ofthe Agreement between the ponioo onl000 and until modified in vrddng and signed by the parties. This Agreement together with any amendments or modifications may be ox000tod electronically. All electronic signatures affixed hereto evidence the intent of the 9onioo to comply with Article ||A and Article 40 of North Carolina General Stobdo Chapter 66. 8. Priorit : In determining the basic oorvi000 to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9\ Governing Both parties agree that this Agreement shall bo governed bv the laws ofthe State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation oboD be initiated in the {]ononU Coon of Justice of North Carolina 0001od in Orange County, North Carolina. Provider shall o1 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision o[ or the podoononoo or non-performance o[ this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. Dio agreed bvthe pordoo that no other 000d shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the 9odioo may agree to nonbinding mediation of any dispute prior to the bringing of such suit oraction. |i Non Appropriation: Provider acknowledges that County is ogovonunontol 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 County's obligations under this Agreement, then this Agreement shall automatically expire without penalty toCounty immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE OUN jY PROVIDER oOJTJ ed y DocuSigned by: By: j6Vcl�tdt. ( aMmt ysb� By: so, ' " ' Coun y lyj794� 5E477 33F7E7265B43490... 200 S. CamleVrlonIlIl St.Tr Dickerson Fencing &Landscaping P.O. Box 8181 202 N. Hoover Road Hillsborough,NC 27278 Durham,NC 27703 Revised 10/14 3 DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 e k i-so 1i erilchig & Landscaphig 202 N, Mxwer Road t at.m°IMIM, NC 27703-2302 APW l"'h rve 919-596-6765 Fl"I 919-598-0791 1 Customer: Assett Management Services Phone 919-245-2658 Ad&dss: PO Box 8181 Job Name 131 W. Margaret Lane City, States,ZIP: Hillsborough, NC 27278 Job 166ale Hillsborough, NC AttenbohlGordan Dively Ema l- adivelyCa)oranciecountync.ciov Date: 9/21/2015 Revised 9/25/2015 Furnish materials and labor to replace (5) 42" x 6' wide black ornamental steel fence panels with rings and install (6) 4" black bollards post filled with concrete. Total: $ 2,152.00 NOTE: We will call underground utility line locator. Locator does not locate these lines: water, sewer, satellite or private power lines. We will not be responsible for repair cost of any personal line that may be cut during digging of post holes. Upon acceptance, please sign the proposal and return to our office. A return envelope is enclosed for your convenience. We Propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of: Two thousand one hundred fifty two dollars and 00/100...................... $2,152.00 Payment to be made as follows: 1/3 down payment of$ 717.00 is due before beginning the work and the balance of$ 1,435.00 is due upon completion of the job. Please provide a signed proposal with payment. All material is guaranteed to be.as specified.All waxk to be.completed in a orkmanhke rnanner a cording to standard business practices. Any Authorized alteration or deviation above specifications involving extra costs will be e cutzd only upon written orders,and—ill an extra.charge over ana ab—v the'P"a te.All agree nents�ontingea=upon st ikes,accidents, Signature: William Dickerson, Ill or delays beyond o ontrol.C>--r to c my fire,tornado,and other essary insurance..Our workers are fully covered by Workman's Compensation Insurance. This proposal is good for 30 days. Acceptance of Proposal Signature The above prices,specifications and conditions are satisfactory and are hereby accepted. Signature You are authorized to do the work as specified.Payment will be made as outlined above: Accepted Date: DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 A/'��® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/6/2015 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 policy(ies) must be 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 CONTACT Kate Ewald NAME: SIA Group Inc. A/C NN.,Ext: (910)455-7576 A/C No: (910)455-7481 827 Gum Branch Road E-MAIL certs @sia rou ADDRESS: g p'com INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville NC 28540 INSURERA: National Trust Insurance INSURED INSURER B:The Hanover Insurance Company Dickerson Fencing Co. , Inc c1ba Dickerson Fencing and INSURER C: 202 N Hoover Road INSURER D: Lisa Tilley INSURER E: Durham NC 27703-2302 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1592404659 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE T A CLAIMS-MADE 1X OCCUR PREM SESOEa occurrDence $ 100,000 X Y CPPOO11769 10/24/2015 10/24/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: Employee Benefits $ 11 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ p' ALL OWNED SCHEDULED AUTOS AUTOS X Y CA0017095 10/24/2015 10/24/2016 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Uninsured motorist combined $ 1,000,000 X UMBRELLA LAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 UMB0011508 10/24/2015 10/24/2016 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? ❑ N/A A (Mandatory in NH) y 01OWC15A71429 10/24/2015 10/24/2016 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is included as additional insured on the general and auto liability per forms CGL088 and CAU058. Waiver of subrogation applies in favor of the additional insured with regards to workers compensation (WC000313) , general liability (CGL088) , and auto liability (CAU014) per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Tammy Comar ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Diana Evans/CHARLH � { -° .•n° � � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(20140 T) DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 SUMMARY OF ENDORSEMENTS APPLICABLE TO ALL COVERAGES 1-U NGL-9512-M U-04, 04104 Commercial General Liability Coverage Part Declarations IL 09 85(01 08)- Disclosure Pursuant To Terrorism Risk Insurance Act Premium: $134 APPLICABLE TO SPECIFIC STATES STATE: NC CG 00 01 (12107)Commercial General Liability Coverage CG 00 99(11185)-Changes in General Liability Forms for CPP CG 03 00(01196)-Deductible Liability Insurance The information that follows completes the schedule portion of this endorsement. This endorsement modifies your coverage. Please refer to the above numbered endorsement(attached)for details. Deductible: PD Per Occurrence Deductible Amount: $250 CG 20 10(07104)-Addl Insured-Owners, Lessees or Contractors Premium:$49 CG 20 10(07104)-Addl Insured-Owners. Lessees or Contractors Premium:$92 CG 20 28 (07104)-Additional Insured-Lessor of Leased Equipment Premium:$50 CG 2149(09/99)-Total Pollution Exclusion CG 2167(12104)- Fungi Or Bacteria Exclusion CG 21 70(01 08)- Cap on Losses From Certified Acts of Terrorism CG 21 76(01 08)- Excl Of Punitive Damages Related To A Cert Act Of Terror CG 21 B6(12104) -Exclusion- Exterior Insulation and Finish Systems CG 24 04(10193) -Waiver of Transfer of Rights The information that follows completes the schedule portion of this endorsement. This endorsement modifies your coverage. Please refer to the above numbered endorsement(attached)for details. Premium:$100 Name of Person or Organization:Skanska USA Building Inc; Skanska USA Inc&Fidelity Investment Inc 4309 Emperor Blvd Ste 200 Durham, NC 27703-8046 CGL 025 (11 08)-Addl Insured-PrimarylNon-Contributory Coverage CGL 036 (11108)- Employee Benefits Liability Coverage The information that follows completes the schedule portion of this endorsement. This endorsement modifies your coverage. Please refer to the above numbered endorsement(attached)for details. Premium:$225 Limit Of Insurance: $1,000,000 per claiml$1,000,000 aggregate CGL 064(11108)- Employment Related Practices Exclusion CGL 072 (11108)- Exclusion-Ops Covered by a Consolidated Ins. Prog. CGL 084 (10113)-Addl Insured-Owners Lessees or Contractor-Automatic Status CGL 088 (10113)- First Choice Contractors Liability Endorsement Premium: $200 CGL 123(10113)- Employment Practices Liability Insurance Coverage Endo CGL 137(10113)- North Carolina Changes IL 00 03(09107)- Calculation of Premium IL 00 17(11198)-Common Policy Conditions IL 00 21 (07102)- Nuclear Energy Exclusion(Broad Form) 1-UNGL-9512-MU-04, 04/04 PREPARED: 10-30-2014 PAGE 4 OF 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 IL 008 (11108)-Total Lead Exclusion IL 009(111/08)-Total Asbestos Exclusion IL 013(12106) -Two Or More Coverage Forms Or Policies Issued By Us IL0269 (09107) North Carolina Changes-Cancellation and Nonrenewal APPLICABLE TO SPECIFIC PREMISESICOVERAGES LOCATION: 1 202 N Hoover Rd Durham, NC 27703-2304 CG 20 11 (01196)-Additional Insured-Managers or Lessors of Premises The information that follows completes the schedule portion of this endorsement. This endorsement modifies your coverage. Please refer to the above numbered endorsement(attached)for details. Premium:$50 Name and Address:WLD Properties, LLC 202 N Hoover Rd Durham, NC 27703-2304 CG 20 37(07104)-Addl Insured-Owners, Lessees, Contractors-CompOps Premium:$33 CG 20 37(07104)-Addl Insured-Owners, Lessees, Contractors-CompOps Premium: $63 CG 2142(12/04)- Excl.- Explosion Collapse Underground PD Haz. The information that follows completes the schedule portion of this endorsement, This endorsement modifies your coverage. Please refer to the above numbered endorsement(attached)for details_ Excluded Hazards: Explosion Hazard Location And Description Of Operations: BLASTING ONLY CG 21 54(01196)-Exclusion Designated Operations Covered by Wrap-Up The information that follows completes the schedule portion of this endorsement. This endorsement modifies your coverage. Please refer to the above numbered endorsement(attached)for details. Description and Location of Operations: LEND LEASE (US) CONSTRUCTION INC., 324 BLACKWELL ST, STE 130., DURHAM, NC 27701 PROJECT:VA HOSPITAL IN KERNERSVILL NC CG 21 54(01196)-Exclusion Designated Operations Covered by Wrap-Up The information that follows completes the schedule portion of this endorsement. This endorsement modifies your coverage. Please refer to the above numbered endorsement(attached)for details. Description and Location of Operations: SKANSKA USA BUILDING INC&SKANSKA USA INC PROJECT: UNC HOSPITAL CG 21 54(01/96)-Exclusion Designated Operations Covered by Wrap-Up The information that follows completes the schedule portion of this endorsement. This endorsement modifies your coverage. Please refer to the above numbered endorsement(attached)for details. Description and Location of Operations: TURNER CONSTRUCTION CO., 1500 SUNDAY DRIVE,, STE 101., RALEIGH, NC 27607 JOB: SYNGENTA BIOTECHNOLOGY 1-UNGL-9512-MU-04, 04/04 PREPARED: 10-30-2014 PAGE 5 OF 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 084(10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU -- ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Or anizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1_ above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and 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 for the additional insured; or 3. Your work" performed for the additional insured and included in the"products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 084(10 13) However, the insurance afforded to such additional insured(s) described above: 1_ Only applies to the extent permitted by lawn; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, 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 contract or agreement described in Paragraph A.1.; 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. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit"that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above_ CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 084(10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 025(11 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - PRIMARY/NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV—Commercial General Liability Conditions, Paragraph 4, entitled "Other Insurance", subsection b. entitled "Excess Insurance", paragraph (1): This insurance is excess over: (v) Any other insurance naming an additional insured as an insured on a primary basis, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary and noncontributing. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the"bodily injury", "property damage" or"personal and advertising injury." CGL 025(11 08) Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 1 Copyright 2008 FCCI Insurance Group_ DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage....................................................................................................................................10 BailBonds...................................................................................................................................................................9 BlanketWaiver of Subrogation.................................................................................................................................16 Bodilyinjury and Property Damage............................................................................................................................1 Care, Custody or Control............................ ...---...----.............................................................................................3 Contractors Errors and Omissions .............................................................................................................................7 Contractual Liability (Personal &Advertising Injury) ..................................................................................................2 ElectronicData Liability..............................................................................................................................................1 GeneralLiability Conditions......................................................................................................................................14 IncidentalMalpractice................................................................. .............................................................................10 Insured......................................................................................................................................................................10 Limited Product Withdrawal Expense.........................................................................................................................4 Limitsof Insurance....................................................................................................................................................12 Lossof Earnings................................................................................................................... .............................10 Newly Formed or Acquired Organizations................................................................................................................12 Non-Owned Watercraft...............................................................................................................................................1 Property Damage Liability—Borrowed Equipment.....................................................................................................1 Tenant's Property and Premises Rented To You.......................................................................................................9 VoluntaryProperty Damage.......................................................................................................................................2 DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088(10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE:The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s)to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I-COVERAGES,COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property, 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage"to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage"to any one borrowed equipment item under this coverage is$25,000 per"occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage" because of all loss of"electronic data" arising out of any one"occurrence" is$10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance services Office, Inc.,with its permission. Page 1 of 10 Copyright 2013 FOCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088(10 13) We have no duty to investigate or defend claims or"suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V--DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of"Property Damage" in SECTION V—DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence' that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data"shall be deemed to occur at the time of the "occurrence'that caused it_ For purposes of this insurance, "electronic data" is not tangible property. SECTION I—COVERAGES, COVERAGE E. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2_e. Exclusions—the Contractual Liability Exclusion is deleted. SECTION I—COVERAGES,the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for"property damage"caused by an "occurrence`, to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CG 088 (10 13) d. Premises you sell, give away, or abandon, if the"property damage"arises out of any part of those premises; e. Property caused by or arising out of the "products-completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage)available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the"property damage"arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the"property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products-completed operations hazard"; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission_ Page 3 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CG 088(10 13) e. Motor vehicles; f. "Your product"arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds$250.We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a"seller', we will reimburse you for"product withdrawal expenses"associated with"your product' incurred because of a "product withdrawal"to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a"product withdrawal". c. We will reimburse only those"product withdrawal expenses"which are incurred and reported to us within one year of the date the"product withdrawal"was initiated. d. The initiation of a "product withdrawal"will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal"This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a"product withdrawal; or CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 16 Copyright 2013 FOCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e_ "Product withdrawal expenses" incurred to withdraw"your products" which contain: (1) The Sarre"defect"will be deemed to have arisen out of the same"product withdrawal"; or (2) A different"defect"will be deemed to have arisen out of a separate"product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any"product withdrawal" initiated due to: (1) The failure of"your products"to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause"bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product; or (b) "Product tampering". (4) Expiration of the designated shelf life of"your product". b. A"product withdrawal", initiated because of a"defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time"your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or"property damage" is excluded under Coverage A- Bodily Injury And Property Damage Liability by endorsement. d. Recall of"your products"which have been banned from the market by an authorized govemment entity prior to the policy period. e. The defense of a claim or"suit" against you for"product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e, Duties In The Event Of A"Defect" Or A"Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: CGL 088(10 13) Includes copyrighted material of the Insurance Semites Office, Inc.,with its permission. Page 5 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (a) Flow, when and where the"defect"was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of"your product". (2) If a"product withdrawal" is initiated, you must: (a) Immediately record the specifics of the"product withdrawal"and the date it was initiated; (b) Send us written notice of the"product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal'. 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition_ b- "Product tampering" is an act of intentional alteration of"your product"which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a"product withdrawal"will not be limited to those batches of"your product"which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of"your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause"bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a"product withdrawal': (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc,,with its permission. Page 6 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of"your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but"product withdrawal expenses" does not include costs of the replacement, repair or redesign of"your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a"contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring ,Agreement If you are a"contractor", we will pay those sums that you become legally obligated to pay as damages because of"property damage"to"your product", "your work"or"impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or"suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the"property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary payments—Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or"personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. CGt_088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088(10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from 'property damage"to property owned by, rented or leased to the insured_ h. Any liability incurred or"property damage" which occurs, in whole or in part, before you have completed"your work." "four work"will be deemed completed at the earliest of the following times' (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage"to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage"to property other than "your product," "your work"or"impaired property_, m. Any liability arising from claims or"suits" where the right of action against the insured has been relinquished or waived. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc,,with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088 (1013) n. Any liability for"property damage"to"your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o_ Any liability arising from the substitution of a material or product for one specified on blueprints, worts orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G,the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor"does not include a"seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs(1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section ill— Limits Of Insurance. SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS --COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS—COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS--COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 16 Copyright 2013 FOCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Loss of Eamings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$600 a day because of time off from work. SECTION II—WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2,a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The"employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.; Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g_ through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the"bodily injury", "property damage" or"personal and advertising injury"for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 16 Copyright 2013 FOCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any"occurrence"that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision —Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury`, "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or"property damage" included within the "products-completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for"bodily injury" "property damage"or"personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person($) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. j. Mortgagee,Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you, This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to"bodily injury" or"property damage" caused by"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 083(10 13) (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III— LIMITS OF INSURANCE= is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard"; c. Damages under Coverage E3; d. Voluntary"property damage'payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 2. Paragraph 5. is replaced with the following: 5, Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal E=xpense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all"bodily injury" and "property damage" arising out of any one"occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of$10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. 5. Paragraph 6. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one"occurrence" is $1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is$3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for °property damage" arising out of any one "occurrence" is$1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 90. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for"product withdrawal expenses" in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of"your products"withdrawn is$10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or"suits" brought, or persons or organizations making claim or bringing "suits" is$10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location"as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. 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. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claire, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the 'occurrence"or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 14 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the `occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence"to us at the time of the"occurrence"shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this"occurrence"to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 15 of 16 Copyright 2013 FCCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL GENERAL LIABILITY CGL 088(10 13) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8.Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" included in the"products-completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 8. paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 16 of 16 Copyright 2013 ECCI Insurance Group DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 SUMMARY OF ENDORSEMENTS APPLICABLE TO ALL COVERAGES: 1-UNAU-9537-MU-04, 11108 Business Auto Declarations IL 0017(11198) Common Policy Conditions IL 0021 (07/02) Nuclear Energy Exclusion (Broad Form) IL 00 03(09107)-Calculation of Premium STATE: NC CA 0001 (03106) Business Auto Coverage Form CA 0126(07110) North Carolina Changes CA 2048 (02199) Designated Insured Skanska Usa Building Inc; Skanska Usa Inc.And The Owner 4309 Emperor Blvd Ste 200 Durham, NC 27703-8046 CA 2116 (04110) North Carolina- Uninsured Motorist Coverage CA 2384(01106) Exclusion of Terrorism CA 9903 (03106)Auto Medical Payments Coverage CA 9910 (09102) Drive Other Car Cov-Broad Cov For Named Individuals Total Premium: $ 107 Name of Individuals: WILLIAM DICKERSON III OTC Coverage: Yes Collision Coverage: Yes CAU 014 (04104)Waiver Of Trnsfr Of Rights Of Recovery Against Others To Us Name of Person or Organization: SKANSKA USA BUILDING INC; SKANSKA USA INC. AND THE OWNER.,4309 EMPEROR BLVD., STE 200., DURHAM, NC 27703,4309 Emperor Blvd, Ste 200_, Durham, NC 27703 CAU 014(04104)Waiver Of Trnsfr Of Rights Of Recovery Against Others To Us Name of Person or Organization: BLANKET WHERE REQUIRED IN WRITTEN CONTRACT PRIOR TO LOSS CAU 058(12 09)Auto First Choice Endorsement Premium: $250 Auto First Choice Physical Damage Premium: $ 125 Auto First Choice Liability Premium: $ 125 IL 008 (11/08)-Total Lead Exclusion IL 009(11108)-Total Asbestos Exclusion VEHICLE ENDORSEMENTS Vehicle#2: 2006 FORD CAB FORW 550 BLUE DIAMOND VIN: 3FRML55ZBSV240526 CA 9944(12193) Loss Payable Clause See Schedule for Vehicle#2 Vehicle#3: 2006 GMC C4500 VIN: 1 GDE4C1276F406919 CA 9944(12193) Loss Payable Clause See Schedule for Vehicle#3 Vehicle#4: 2006 CHEVROLET KODIAK VIN: IGBE4C1276F412924 CA 9944 (12193) Loss Payable Clause See Schedule for Vehicle#4 Vehicle#9: 2011 FORD F150 VIN: 1FTFXIEFOBFA68694 CA 9944(12193) Loss Payable Clause See Schedule for Vehicle#9 Vehicle#11: 2015 CHEVROLET SILVERADO VIN: I GC1 KWEG4FF1 00809 CA 9944(12193) Loss Payable Clause 1-UNAU-9537-MU-04, 11/08 PREPARED: 10-30-2014 Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL AUTO CAU 014(04 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 5. the Transfer of Rights of Recovery Against Others to Us Condition (Section Iii—Business Auto Conditions) is amended by the addition of the following: However, we will waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make under this Coverage Form arising out of an "accident" or"loss" if: a_ The"accident" or"loss" is caused by operations undertaken by you in accordance with the contract existing between you and such person or organization shown in the Schedule above: and b. The contractor agreement was executed prior to any"accident" or"loss." Our waiver of our right to recovery applies only to the extent that the person or organization shown in the Schedule above is considered to be either an Additional Insured under the policy or is entitled to indemnity from you. No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization shown in the Schedule, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by an injured employee. CAU 014(04 04) Contains copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2004 FOCI Insurance Group. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage.......................................................................................................................................................3 AutoLoan/Lease Gap Coverage..............................................................................................................................3 Broad Form Insured...— I Concealment, Misrepresentation or Fraud...............................................................................................................5 Deductible.................................................................................................................................................................3 Duties in the Event of Accident, Claim, Suit or Loss................................................................................................4 FellowEmployee —...................................................................................................................................................2 Fire Department Service Charge..............................................................................................................................3 HiredAuto Physical Damage....................................................................................................................................5 Lossof Earnings.......................................................................................................................................................2 Lossof Use Expenses..............................................................................................................................................2 SupplementaryPayments ........................................................................................................................................2 Transfer of Rights of Recovery Against Others to Us ..............................................................................................4 TransportationExpenses..........................................................................................................................................2 DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s)to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II m LIABILITY COVERAGE is amended as follows: A.1. Who Is An Insured provision is amended by adding the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date- e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However; coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to"bodily injury" or"property damage"that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or"property damage occurs and that is in effect during the policy period, to be named as an additional insured is an "Insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section If. g. Any"employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or CAU 058(12 09) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 5 Copyright 2009 FOCI Insurance Group. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL AUTO CAU 058(12 09) (2) an "auto" hired or rented under a contract or agreement in that"employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2)while using a covered "auto" rented from you or from any member of the "employee's" household h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow,while performing duties related to the conduct of your business or your personal affairs. A.2. Coverage Extensions, Supplementary Payments a.(2) and a(4)are deleted and replaced with the following: (2) Up to $3,000 for cost of bail bonds (including bond for related traffic violations) required because of an `accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. B. Exclusions S. Fellow Employee "Bodily injury" to any fellow"employee" of the"insured" arising out of and in the course of a fellow 1,employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your"employees" that are officers or managers if the"bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: A. 4. Coverage Extensions a. and b. are deleted and replaced with the following: a. Transportation Expenses; We will pay up to$75 per day to a total maximum of$2,000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration,when the covered"auto" is returned to use or we pay for its"loss". b. Loss of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos However, the most we will pay for any expenses for loss of use to any one vehicle is$75 per day, to a total maximum of$2,000. CAU 058(12 09) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Rage 2 of 5 Copyright 2009 F'CC1 Insurance Croup, DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL AUTO CAU 058(12 09) E. Exclusions Paragraph 3. Is replaced with the following: 3. We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires However, this exclusion does not include the discharge of an airbag in a covered "auto' you own that inflates due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b and A.9.c.but only: a. If that"auto" is a covered "auto"for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one"loss". D. Deductible is replaced with the following: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "loss" caused by fire or lightning, and no deductible applies to glass damage if the glass is repaired rather than replaced, (2) the comprehensive deductible is waived for theft if your vehicle is equipped with an active GPS tracking system. The following Coverage Extension is added: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. d. .*auto Loan/Lease Gap Coverage For those businesses not shown in the Declarations as"auto"dealerships,the following provisions apply: (1) If a long term leased "auto, under an original lease agreement, is a covered "auto" under this Coverage Form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto". we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: CAU 058(12 09) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission_ Page 3 of 5 Copyright 2009 FOCI Insurance Group. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL ALTO CAU 058(12 09) (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the"loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous leases. (2) If an owned "auto" is a covered "auto" under this Coverage Form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered °auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the"loss"; (b) Costs for extended warranties, Credit Life Insurance, Heath Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. Loss Conditions. 2.a. Duties in the Event of Accident, Claim, Suit or Loss is amended to add the following paragraph: (4) This duty applies when the "accident", claim, "suit" or"loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. 5. Transfer Of Rights Of Recovery Against Others To Us is replaced with the following: If a person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. CAU 058(12 09) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 5 Copyright 2009 FCCI Insurance Group. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 COMMERCIAL AUTO CAU 058(12 09) B. General Conditions 2. Concealment, Misrepresentation or Fraud is amended to include the following: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this Coverage Form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 5. Other Insurance - Paragraph b. is replaced as follows: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name , with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any"auto" you hire from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058(12 09) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 5 of 5 Copyright 2009 FCCI Insurance Group. DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Insured Name: DICKERSON FENCING CO INC dba Policy Number: 010-WC14A-71429 Agency Name: 4009, SIA Group Inc WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE All persons or organizations that, in a written contract executed by both parties prior to the date of the injury covered by this policy, require you to obtain this agreement from us. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise noted. Issued by: National. Trust insurance Company 27367 Endorsement Number: 0000011 Effective Date: 10/24/14 Date Issued: 11/12/14 Countersigned by Authorized Representative WC 00 03 13 Copyright 1983 National Council on Compensation Insurance EZ0201, 6/04