HomeMy WebLinkAbout2015-588-E AMS - Muter Construction Magistrate's roof restoration DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
NORTH CAROLINA CONSTRUCTION SERVICES
AGREEMENT UNDER$50,000
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered
into this 2nd day of November, 2015 by and between Orange County, North Carolina(hereinafter
the "Owner") party of the first part; and Muter Construction (hereinafter the "Contractor"), party
of the second part;
WITNESSETH:
For the purpose and subject to the terms 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 and ending dates of contract: October 1, 2015 through December 31, 2015. The
Project Commencement Date shall be October 30, 2015.
2. MAXIMUM AMOUNT PAYABLE
Dollar Amount Not to Exceed: fifty thousand, five hundred and ninety two dollars ($50,592)
3. SERVICES
Contractor agrees to provide the following construction services (the "Work"): Remove and
demo of the deteriorated wood outside structural beams and joist. Cut deteriorated joist end and
scab on new treated lumber to ends. Replace with new LVL beams. Install new treated lx8
boxing trim around the new LVL beams. Remove the existing columns and re-use for new
structure. Leaving the shoring intact. Once new structure is intact remove the shoring and remove
the T&G ceiling and replace with new T&G ceiling. Remove and replace roof and railing
systems. The replacement roof material will be copper. Replace all trim with exact match to
existing. Plus add KDAT lumber and provide walkway protection. Work to be performed at the
Magistrate's Office,per attached proposal dated August 13, 2015, and Change Order 1.
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 for
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. The 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.
The 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
Revised 10/14 1
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
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 performed until such time as said work is completed.
5. RELATIONSHIP OF PARTIES
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 an officer, employee 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 the addresses as shown on 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 the
Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage
Requirements (each document is incorporated herein by reference and may be viewed at
ham://orangecountwgov/purchasing/contracts.asp). If Owner's Risk Manager determines
additional insurance coverage is required such additional insurance shall be designated here N/A
(if no additional insurance required mark N/A as being not applicable). Contractor shall not
commence construction work until such insurance is in effect and certification thereof has been
received by the Owner's Risk Manager.
8. INDEMNIFICATION
Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any,
harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action,
and expenses (including court costs and reasonable attorney's fees 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 the Owner to the full extent
permitted under North Carolina law.
9. NON-ASSIGNMENT
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DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
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
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 under 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 terms of the 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.
[SIGNATURE PAGE TO FOLLOW]
Revised 10/14 3
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
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
L�V6 uSigned by: DocuSgd bBy , . By �t,l�Couanager Muter o�a� fff��i�4
200 S. Cameron St. 100 N. Arendell Avenue
P.O. Box 8181 Zebulon, NC
Hillsborough, NC 27278 27597
Revised 10/14 4
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
L— Mu r, UCH MUTER11
0 100 N.Arendell Ave. CONSTRUCTION
Iebulon,NC 27597
Orange County
August 13,2015 Muter Construction Orange Count
100 N.Arendell Ave. Hillsborough,NC
Iebulon,NC 27597
Sum of work Proposed: .
S C III ..III.
Scope of work is as follows:
Remove and demo of the deteriorated wood outside structural beams keeping the joist and existing roof intact. Cut
deteriorated joist end and scab on new treated lumber to ends. Replace with new LVL beams.Install new treated
1x8 boxing trim around the new LVL beams. Remove the existing columns and re use for new structure. Leaving
the shoring intact. Once new structure is intact remove the shoring and remove the'I'&G ceiling and replace with
new T&G ceiling.Replace all trim with exact match to existing.
Add: Painting all new work 53,240.00
Add:To use KDAT lumber 5651.00
Add:To use Western Cedar 4—6 week lead time 57,746.00
Add:Walk way protection 52,375.00
I ",IN C1 u IlSY)ti :
• Roofing
• Masonry work
• Iron or steel work
• Painting
Proposal of Vork for Orange County -August 93,2013 9
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
Tammy Comar
From: Jeff Thompson
Sent: Monday,August 24, 2015 6:57 PM
To: Jeff Spady
Cc: Tammy Comar; Paul Sorrell
Subject: RE: Magistrate Office
Jeff,thanks. By copy oft is email, I ask Tammy to generate the emergency confirming PO re isi io fort the
emergency re air® Please secure ter®s insurance certificate for Tammy(email copy is fine).
so® please insure a ter has pulled the proper permits.
Please keep everyone posted on e work schedule—LT Raga a Sorrell, and sel .
Thanks again,
Jeffrey E.Thompson
Director, Asset Management Services
Orange County Government
131 West Margaret Lane, Suite 300
PO Box 8181
Hillsborough, NC 27278
(919) 245-2625 (office)
(919) 245-2658 (direct)
(919) 201-0192 (mobile)
wwtY.Q!9!2 9 29!2 y!15,ggy
From: Jeff Spady [,I�iru�:ull��.; �*il u�":rll��w�:IIIIIIJ,i;,i� ggull,]
Sent: Monday, August 24, 2015 5:37 PM
To: Jeff Thompson
Cc: Tammy Comar
Subject: Magistrate Office
Jeff
Revised Muter Construction proposal attached. Based on revisions and accepted items, the total contract
amount is as follows:
Base Proposal $12,300
Use KDAT lumber Add $ 651
Add walkway protection Add $ 2,375
Total Contract $1-5-,4-26. $15,326
The Muter proposal also notes the following line items:
Painting - $3,240 Painting will be needed but is not included in the contract amount noted above.
Use Western Red Cedar - $7,746 Rejected
Any questions, please advise.
i
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
Thanks
Jeffrey L. Spady, RRC
Raleigh, NC
919,616,4715
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t OIr llr orflh 'k r ruprir"l 2ri prlvk"goo ur ulhorvvl_( e erripi Ir,rr I y(m ,rr�^ rn,l lho, ri ,bird y(m ,rr' rlul ,ljlhurizoo lr
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orr7r, ruhly 1ho, '-'("Irdor rrirriod ,logy 2rlo ioodolo' r,rri ,II
2
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
CHANGE ORDER 1
Orange County Magistrate Office
109 Court street
Hillsborough, NC
Magistrate Portico Roof Replacement
line e.from Sheet"c"). JTotal Material* $ 22,535.03
(2.) (=Line e.from Sheet"D"). JTotal Labor" $ 9,087.08
(3.) (=line e.from Sheet"E"). JTotal Equipment* $ 647.35
(5,) (=lines 1 +2+3+4) JTotal of Self Performed Work* I $ 32,269.46
(6.)
Overall Construction Install T&G decking and 4 rotton joist
$ 2,250.00
(7.) Quote#2 Total*(without General
Contractor OH&P) $
(8) Quote#3 Total*(without General
Contractor OH&P) $
Quote#4 Total*(without General
(9.) Contractor OH&P)
Subtotal-Quoted(subcontract)Work*
(10.) (lines 6+7+8+9) (w/o Gen Contractor OH&P) $ 2,250.00
(12.) (on line 10.) 10 %OH&P $ 225.00
Total Quoted(subcontractor)Work
(13.) (lines 10+12) (with Gen Contractor OH&P) $ 2,475.00
(14.) (lines b+ o a or without bond and ins
(15.) (on line 14.) %Bond* $ -
(16.) (on line 14) 1.5 %Ins.` $ 521.17
(17.) (lines 15+16) Bonds& Insurance* $ 521.17
(18.) (lines 14+17) w w t
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
l TER-1 OP I,D: L
DATE(MMIODNYM
CERTIFICATE OF LIABILITY INSURANCE 0811 412015
THIS CERTIFICATE IS ISSUED AS A a MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS HTS UPO THE CERTIFICATE MOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFF'ORDE'D 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 Molder is an ADDITIONAL INSPIRED, the policy(l s) 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 GndrxrserDaerlt )e
PRODUCER NTACT
NAME: Sonya Noble
3625 lm St.OSO PHONE o.Earl:336-346-1305 �_ ItgL_336 61 m3S1
Greensboro,NC 27465 E-MAIL
Fuss B.Bell,,CIC ADDRESS.,snoble@ enndL nin co
fNSURERI 1 AED°C7RDING COVERAGE 91AIC#.._.w.
INSURER A;Cincinnati Insurance Co. 10677
INSURED Muter Construction,LLC INSURER B:Hanover'Insurance Croup
John Muter :
100 N.Arendell Ave INSURER c
ebulon, NC 27597 INSURER D
INSURER.E:
INSURER F'
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE,INSURED NAKED 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.
........_..._..._.._
a&DbL R1i3.. ---WCILICW°'€F!F 1 POLII"a's'EAF^ L @1�16TS
LTR TYPE,OF INSURANCE POLICY NUMBER i MI�AiDDNYYYM MMIDDIYYY
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A COMMERCIAL GENERAL LIABILITY ENP 0222614 0110812015 0110812016 q r RENTED
EIS 100,000
.__......._.._ ( w'�REMISES�d,E_a Ozcc¢amence� $
l CLAIMS-MADE f ]OCCUR fiIEDEXP(Any one person) S 10,000
_... -
r —_ $_— .. 0.
PERSONAL S ADV INJURY $ 1,000,000
GENERAL 2'000 00
GEN'PAGGRE TELIMITtAPPLIE�S E 'S
: PRODUCT -COMP1OSPAGG ..$_.,,.._ ..._,;2,00"0,000'
PO-AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
�_ 1,,000,00
___..,, Sa accan4.2. . ......... .....
A X j ANY AUTO ENP 0222614 0110812015 0140812016 BO01LM INJURY IPer person) �
. ...myAI.LOVA+I'+IFD 'SCHEDULED s 03G'DILMIhIJURY(Per accident)
$
AU"IOS AUTOS
HIRED AUTOS NON OWNED PRC7PER'f v iC7A-DA -.._ .. . .....,.
_,......... AUTOS ._j'PDR ACCN_6IJT).....,_..._. S
UMBRELLA LIAS OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESS LIAR ?d.qLh.MS-MADE X ENP 0222614 0110812015 0110812016 AGGREGATE $ 5,000,000
IJED RETENTION$
WORKERS,COMPENSATION mm.. WC STATU- Oli
AND EMPi OYERT LIABILITY 1ORY_uAfiIT3 _ _ _
A ANY PROPRIETOR/PARTNERlE'ECUTIVE Yr E CO292810-00 0110812015 01101112016 E L EACH ACCIDENT $ 500,000
OFFlC-RIMEMBER EXCLUDED? N V A
(M�andaacerrgr in NH) E L.LronsEASF-EA EMPLOYEE $ 500,000
If yyes describe under —._�. ...._....
-......- .-......
DESCRIPTION OF OPERATIONS below F.C..DISEASE POLICY LIMIT $ 500,000
B Leasod/Rented IH -A095942-02 0910312015 0960312015 Limit 315,375
Equipment D d 2,50
i
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it rraore space.Is requIred)
Magistrate Structural
Orange County is additional insured with respects to General Liability
arising from the operations of the Named Insured as required with written.
contract.30 days prior written notice off' cancellation except 10 day
nonpayment of premium is required to the certificate holder.
CERTIFICATE HOLDER CANCELLATION
C N18
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.
Att- Tammy C mar
R C Box 6181 AUTHORIZED REPRESENTATrvE
Hillsborough,NC 27278 Ott,
ID 1088-2010 ACORD CORPORATION. All rights reserved.
ACCIRD 25(2010105) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
............
MUTER-1 PAGE 2
NOTEPAD INSURED'S NAME Muter Construction, L LC OP I.. �. LS Date 08114121015
... .............
Policy H6-A096 02-02: Carrier: Hanover Insurance Group
Any One Trailer. $150,0001/$2,500 Ded Eff 09/03/2015 - 09/03/2016
Any One Loss (Trailer) : $300,000/$2,500 Eff 09/03/2015 - 09/03/2016
....................... ...........
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement-Table of Contents:
Coverage: Begins on Page:
1. Employee Benefit Liability Coverage .................................................................................................. 2
2. Unintentional Failure to Disclose Hazards.......................................................................................... 7
3. Damage to Premises Rented to You................................................................................................... 8
4. Supplementary Payments ............................................................................................. .. 9
5. Medical Payments................................................................................................................................ 9
6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control
LiabilityCoverage (Coverage b.)......................................................................................................... 9
7. 180 Day Coverage for Newly Formed or Acquired Organizations .................................................. 10
8. Waiver of Subrogation ....................................................................................................................... 10
9. Automatic Additional Insured - Specified Relationships: ................................................................ 10
• Managers or Lessors of Premises;
• Lessor of Leased Equipment;
• Vendors;
• State or Political Subdivisions - Permits Relating to Premises;
• State or Political Subdivisions - Permits; and
• Contractors'Operations
10. Broadened Contractual Liability -Work Within 50'of Railroad Property........................... ............. 14
11. Property Damage to Borrowed Equipment....................................................................................... 14
12. Employees as Insureds - Specified Health Care Services: ............................................................ 14
• Nurses;
• Emergency Medical Technicians; and
• Paramedics
13. Broadened Notice of Occurrence...................................................................................................... 14
B. Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000
Aggregate Limit. $ 3,000,000
Deductible: $ 1,000
3. Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Limit shown in the Declarations;or
b. $500,000 unless otherwise stated $
4. Supplementary Payments
a. Bail bonds: $ 1,000
b. Loss of earnings: $ 350
5. Medical Payments
Medical Expense Limit: $ 10,000
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
i) Reports all, or formance of investment
any part, of the vehicles; or
act, error or 3) Advice given to an
omission to us person with respect to
in
pr surer," other tat person's decision
n ; to participate or not to
ii) Receives a participate in any plan
written or ver- included in the "em-
bal demand or ployee benefit pro-
claim for dam- gram".
ages because
of the act, er- (f) Workers' Compensation
ror or omis- and Similar Laws
sion;and Any claim arising out of
b) There is no other your failure to comply with
applicable insur- the mandatory provisions of
ance. any workers' compensation,
unemployment compensa-
(2) Exclusions tion insurance, social secu-
rity or disability benefits law
This insurance does not apply
to: or any similar law.
(a) Bodily Injury, Property (g) ERISA
Damage or Personal and Damages for which any in-
Advertising Injury sured is liable because of
liability imposed on a fiduci-
ary by the Employee Re-
damage" or "personal and tirement Income Security
advertising injury". Act of 1974, as now or
(b) Dishonest, Fraudulent, hereafter amended, or by
Criminal or Malicious Act any similar federal, state or
local laws.
Damages arising out of any (h) Available Benefits intentional, dishonest,
fraudulent, criminal or mali- Any claim for benefits to the
cious act, error or omission, extent that such benefits
committed by any insured, are available, with reason-
including the willful or reck- able effort and cooperation
less violation of any statute. of the insured, from the ap-
(c) Failure to Perform a Con- plicable funds accrued or
tract other collectible insurance.
Damages arising out of fail- (i) Taxes, Fines or Penalties
ure of performance of con- Taxes, fines or penalties,
tract by any insurer. including those imposed
(d) Insufficiency of Funds under the Internal Revenue
Code or any similar state or
Damages arising out of an local law.
insufficiency of funds to
meet any obligations under (j) Employment-Related
any plan included in the Practices
"employee benefit pro- Any liability arising out of
gram".
any:
(e) Inadequacy of Perform- (1) Refusal to employ;
ance of Investment 1 Ad-
vice Given With Respect (2) Termination of em-
to Participation ployment;
Any claim based upon: (3) Coercion, demotion,
1) Failure of any invest- evaluation, reassign-
ment, discipline, defa-
ment to perform; mation, harassment,
2) Errors in providing in- humiliation, discrimina-
formation on past per- tion or other employ-
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15
DocuSign Envelope ID:A45C1 1 C6-3162-44FB-82E4-F3B430644D4E
(b) Claims made or "suits" (b) The deductible amount
brought; stated in the Declarations
(e) Persons or organizations applies to all damages
sustained by any one "em-
making claims or bringing ployee", including such
1.suits"; "employee's" dependents
(d) Acts, errors or omissions; or and beneficiaries, because
of all acts, errors or omis-
(e) Benefits included in your sions to which this insur-
"employee benefit pro- ance applies.
gram". (c) The terms of this insurance,
(2) The Aggregate Limit shown in including those with respect
Section B. Limits of Insurance, to:
1. Employee Benefit Liability 1) Our right and duty to
Coverage of this endorsement defend the insured
is the most we will pay for all against an "suits"
damages because of acts, er- seeking those dam-
rors or omissions negligently ages; and
committed in the .,negligently
tion" of your "employee benefit 2) Your duties and the
program". duties of any other in-
(3) Subject to the limit described in volved insured, in the
(2) above, the Each Employee event of an act, error or
Limit shown in Section B. Limits omission, or claim,
of Insurance, 1. Employee apply irrespective of the
Benefit Liability Coverage of application of the deductible
this endorsement is the most we amount.
will pay for all damages sus-
tained by any one "employee", (d) We may pay any part or all
including damages sustained by of the deductible amount to
such "employee's" dependents effect settlement of any
and beneficiaries, as a result of: claim or "suit" and, upon
(a) An act,error or omission; or taken, o sha the action
y u promptly
(b) A series of related acts, er- reimburse us for such part
rors or omissions, regard- of the deductible amount as
less of the amount of time we have paid.
that lapses between such d. Additional Conditions
acts, errors or omissions,
As respects Employee Benefit Li-
1. committed in the ability Coverage, SECTION IV -
administration" of your "em- COMMERCIAL GENERAL LIABIL-
ployee benefit program". ITY CONDITIONS is amended as
However, the amount paid un- follows:
der this endorsement shall not (1) Item 2. Duties in the Event of
exceed, and will be subject to Occurrence, Offense, Claim or
the limits and restrictions that Suit is deleted in its entirety and
apply to the payment of benefits replaced by the following:
in any plan included in the "em-
ployee benefit program". 2. Duties in the Event of an Act, Error or
(4) Deductible Amount Omission, or Claim or Suit
a. You must see to it that we are noti-
(a) Our obligation to pay dam- fied as soon as practicable of an act,
ages on behalf of the in- error or omission which may result in
sured applies only to the a claim. To the extent possible, no-
amount of damages in ex- tice should include:
cess of the deductible
amount stated in the Decla- (1) What the act, error or omission
rations as applicable to was and when it occurred; and
Each Employee. The limits
of insurance shall not be (2) The names and addresses of
reduced by the amount of anyone who may suffer dam-
this deductible, ages as a result of the act, error
or omission.
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15
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in any benefit included benefits, workers' com-
in the "employee bene- pensation and disability
fit program". benefits; and
However, "administration" d. Vacation plans, includ-
does not include: ing buy and sell pro-
grams; leave of ab-
a. Handling payroll de- sence programs, in-
ductions; or cluding military, mater-
b. The failure to effect or nity, family, and civil
maintain any insurance leave; tuition assis-
or adequate limits of tance plans; transpor-
coverage of insurance, tation and health club
including but not limited subsidies.
to unemployment in- (2) The following definitions are
surance, social security deleted in their entirety and re-
benefits, workers' com- placed by the following:
pensation and disability
benefits. 21. "Suit" means a civil pro-
ceeding in which money
2. "Cafeteria plans" means damages because of an
plan authorized by applica- act, error or omission to
ble law to allow "employ- which this insurance applies
ees to elect to pay for cer- are alleged. "Suit" includes:
tain benefits with pre-tax
dollars. a. An arbitration pro-
ceeding in which such
3. "Employee benefit P ro-
damages are claimed
grams" means a program and to which the in-
providing some or all of the sured must submit or
following benefits to "em- does submit with our
ployees", whether provided consent;
through a "cafeteria plan" or
otherwise: b. Any other alternative
dispute resolution pro-
a. Group life insurance; ceeding in which such
group accident or damages are claimed
health insurance; den- and to which the in-
tal, vision and hearing sured submits with our
plans; and flexible consent; or
spending accounts;
provided that no one c. An appeal of a civil
other than an "em- proceeding.
ployee" may subscribe P a"ee means
g, "Employee" per-
such such benefits and p Y
such benefits are made son actively employed, for-
generally available to merly employed, on leave
those "employees" who of absence or disabled, or
satisfy the plan's eligi- retired. "Employee" in-
bility requirements; cludes a "leased worker".
"Employee" does not in-
b. Profit sharing plans, clude a "temporary worker".
employee savings
plans, employee stock 2. Unintentional Failure to Disclose Haz-
ownership plans, pen-
ards
sion plans and stock SECTION IV- COMMERCIAL GENERAL
subscription plans, LIABILITY CONDITIONS, 7. Represen-
provided that no one tations is hereby amended by the addi-
other than an em- tion of the following:
ployee" may subscribe
to such benefits and Based on our dependence upon your
such benefits are made representations as to existing hazards, if
generally available to unintentionally you should fail to disclose
all "employees" who all such hazards at the inception date of
are eligible under the your policy, we will not reject coverage
plan for such benefits; under this Coverage Part based solely on
c. Unemployment insur- such failure.
ance, social security
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caused by or resulting 5. Medical Payments
from rain, snow, sleet The Medical Expense Limit of An One
or ice, whether driven person as stated in the Declarations is
Declarations wind or not. amended to the limit shown in Section B.
c. Limit of Insurance Limits of Insurance, 5. Medical Pay-
The Damage to Premises Rented to
ments of this endorsement.
You Limit as shown in the Declara- 6. Voluntary Property Damage and Care,
tions is amended as follows: Custody or Control Liability Coverage
(2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov-
LIMITS OF INSURANCE is erage
hereby deleted and replaced by
the following: We will pay for "property damage" to
property of others arising out of op-
6. Subject to 5. above, the erations incidental to the insured's
Damage to Premises business when:
Rented to You Limit is the
most we will pay under (1) Damage is caused by the in-
COVERAGE A. BODILY sured; or
INJURY AND PROPERTY (2) Damage occurs while in the in-
DAMAGE LIABILITY, for sured's possession.
damages because of
"property damage" to With your consent, we will make
premises while rented to these payments regardless of fault.
you or temporarily occupied
by you with permission of b. Care, Custody or Control Liability
the owner, arising out of Coverage
any one "occurrence" to SECTION I - COVERAGES, COV-
which this insurance ap- ERAGE A. BODILY INJURY AND
plies. PROPERTY DAMAGE LIABILITY, 2.
(3) The amount we will pay is lim- Exclusions, j. Damage to Pro erty,
ited as described in Section B. Subparagraphs (3), (4) and 5) do
Limits of Insurance, 3. Dam- not apply to "property damage" to
age to Premises Rented to the property of others described
You of this endorsement. therein.
4. Supplementary Payments With respect to the insurance provided by
this section of the endorsement, the fol-
Under SECTION I - COVERAGE, SUP- lowing additional provisions apply:
PLEMENTARY PAYMENTS - COVER-
AGES A AND B: a. The Limits of Insurance shown in the
Declarations are replaced by the lim-
a. Paragraph 2. is replaced by the fol- its designated in Section B. Limits of
lowing: Insurance, 6. Voluntary Properly
Up to the limit shown in Section B. Damage and Care, Custody or
Limits of Insurance, 4.a. Bail Bonds Control Liability Coverage of this
of this endorsement for cost of bail endorsement with respect to cover-
bonds required because of accidents age provided by this endorsement.
or traffic law violations arising out of These limits are Inclusive of and not
the use of any vehicle to which the in addition to the limits being re-
Bodily Injury Liability Coverage ap- placed. The Limits of Insurance
plies. We do not have to furnish shown in Section B. Limits of Insur-
these bonds. ante, 6. Voluntary Property Dam-
age and Care, Custody or Control
b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse-
lowing: ent fix the most we will pay in any
g one "occurrence" regardless of the
All reasonable expenses incurred by number of:
the insured at our request to assist 1
us in the investigation or defense of ( ) Insureds;
the claim or "suit", including actual (2) Claims made or "suits" brought;
loss of earnings up to the limit shown or
in Section B. Limits of Insurance,
4.b. Loss of Earnings of this en- (3) Persons or organizations mak-
dorsement per day because of time ing claims or bringing "suits".
off from work.
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you cease to be a ten- c) Any physical or
ant in that premises. chemical change
2) Structural alterations, in the product made intentionally
new construction or by the vendor;
demolition operations
performed by or on be- d) Repackaging, un-
half of such additional less unpacked
insured. solely for the pur-
pose Any person or organization of inspection,
demonstration,
from which you lease testing, or the
equipment with whom you substitution of
have agreed per Paragraph parts under in-
9.a.(1) above to provide in- structions from the
surance. Such person(s) or manufacturer, and
organization(s) are insureds then repackaged
solely with respect to their in the original
liability arising out of the container;
maintenance, operation or
use by you of equipment e) Any failure to
leased to you by such per- make such in-
son(s) or organizations(s). spections, adjust-
However, this insurance ments, tests or
does not apply to any "oc- servicing as the
currence"which takes place vendor has
after the equipment lease agreed to make or
expires. normally under-
takes to make in
(c) Any person or organization the usual course
(referred to below as ven- of business, in
dor) with whom you have connection with
agreed per Paragraph the distribution or
9.a-(1) above to provide in- sale of the prod-
surance, but only with re- ucts;
spect to "bodily injury" or
"property damage" arising f) Demonstration, in-
out of "your products" which stallation, servic-
are distributed or sold in the ing or repair op-
regular course of the ven- erations, except
dor's business, subject to such operations
the following additional ex- performed at the
clusions: vendor's premises
i} The insurance afforded in connection with
the sale of the
the vendor does not product;
apply to:
a) "Bodily injury" or g) Products which,after distribution or
"property damage sale by you, have
for which the ven- been labeled or
dor is obligated to relabeled or used
pay damages by as a container,
reason of the as-
sumption of liabil- of ranyrother thing
ity in a contract or or substance by or
agreement. This for the vendor.
exclusion does not
apply to liability for 2) This insurance does
damages that the not apply to any in-
vendor would sured person or or-
have in the ab- ganization:
sence of the con-
tract or agree- a) From whom you
ment; have acquired
such products, or
b) Any express war- any ingredient,
ranty unauthorized part or container,
by you; entering into, ac-
Includes copyrighted material of Insurance
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of the additional in- spects any other insurance
sured; or policy issued to the addi-
tional insured, and such
2) The rendering of, or other insurance policy shall
failure to render, any be excess and / or noncon-
professional architec- tributing, whichever applies,
tural, engineering or with this insurance.
surveying services, in-
cluding: (b) Any insurance provided by
a) The preparing, this endorsement shall be
primary to other insurance
approving or fail- available to the additional
ing to prepare or insured except:
approve maps,
shop drawings, 1) As otherwise provided
opinions, reports, in SECTION IV -
surveys, field or- COMMERCIAL GEN-
ders, change or- ERAL LIABILITY
ders or drawings CONDITIONS, S. Other
and specifications; Insurance, b. Excess
and Insurance; or
b) Supervisory, in- 2) For any other valid and
spection, archi- collectible insurance
tectural or engi- available to the addi-
neering activities. tional insured as an
3 "Your work" for which a additional insured by
attachment of an en-
consolidated (wrap-up) dorsement to another
insurance program has insurance policy that is
been provided by the written on an excess
primecontractor-project basis. In such case,
manager or owner of the coverage provided
the construction project under this endorse-
in which you are in- ment shall also be ex-
volved.
cess.
b. Only with regard to insurance pro- (2) Condition 11. Conformance to
vided to an additional insured desig- Specific Written Contract or
nated under Paragraph 9.a.(2) Sub- Agreement is hereby added:
paragraph (f) above, SECTION III -
LIMITS OF INSURANCE is amended 11. Conformance to Specific
to include: Written Contract or
The limits applicable to the additional Agreement
insured are those specified in the With respect to additional
written contract or agreement or in insureds described in Para-
the Declarations of this Coverage graph 9.a.(2)(f) above only:
Part, whichever are less. If no limits If a written contract or
are specified in the written contract
or agreement, or if there is no written agreement between you
contract or agreement, the limits ap- and the additional insured
plicable to the additional insured are specifies that coverage for
those specified in the Declarations of the additional insured:
this Coverage Part. The limits of in-
surance provided are inclusive of and not in Be pre Services Of-
addition to the limits of insurance flue additional insured
Shawn in the Declarations. form number CG 20 10
c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where
ERAL LIABILITY CONDITIONS is edition specified);or
hereby amended as follows: b. Include coverage for
(1) Condition 5. Other Insurance is completed operations;
amended to include: or
(a) Where required by a written c. Include coverage for
contract or agreement, this "your work";
insurance is primary and / and where the limits or cov-
or noncontributory as re- erage provided to the addi-
Includes copyrighted material of Insurance
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TIONS) is hereby deleted and replaced (2) The names and addresses of
by the following: any injured persons and wit-
a. You must see to it that we are noti- nesses; and
fied as soon as practicable of an (3) The nature and location of any
"occurrence" or an offense which injury or damage arising out of
may result in a claim. To the extent the "occurrence" or offense.
possible, notice should include:
This requirement applies only when
(1) How, when and where the "oc- the "occurrence" or offense is known
currence" or offense took place; to an "authorized representative".
Includes copyrighted material of Insurance
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL CHANGE ENDORSEMENT
Attached to and forming part of:
Auto/Garage All Other Effective Date
Policy Number EBA 022 26 14 Policy Number ENP 022 26 14 of Endorsement 08-14-2015
Issued to MUTER CONSTRUCTION LLC
AgentSENN DUNN INSURANCE, A MARSH & MCLENNAN AGENCY LLC COMPANY
GREENSBORO, NC Endorsement# 30
PREMIUM INFORMATION
Additional Premium Due at Endorsement Effective Date NONE
Subsequent Quarterly Installments Increased by $
Revised Quarterly Installment Payment(s) $ 7,280
It is agreed that the policy is amended as indicated by p
❑ Policy Installment Premium Amended to:
❑ Annual ❑ Semi-Annual ❑ Quarterly
❑ Named Insured
❑ Mailing Address
❑ Form(s)Added
❑ Form(s) Deleted
All Other Reason for Change
AMENDING IA4087 TO INCLUDE
ORANGE COUNTY
PO BOX 8181
HILLSBOROUGH,NC 27278
Auto/Garage Reason for Change
COINSURANCE CONTRACT
The rate charged in this policy is based upon use of
a coinsurance dause attached hereto, with the
consent of the insured.
IA-461 6110
08-17-2015 16:16
IA 432912 09 Page 1 of 1
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CANCELLATION OR NONRENEWAL BY US
NOTIFICATION TO A DESIGNATED ENTITY - NORTH CAROLINA
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS PACKAGE POLICY
CLAIMS-MADE EXCESS LIABILITY COVERAGE PART
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
DENTIST'S PACKAGE POLICY
EXCESS LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART-CLAIMS-MADE
SCHEDULE
Name and mailing address of person(s)or organization(s):
ORANGE COUNTY
PO BOX 8181
HILLSBOROUGH, NC 27278-8181
Number of days notice (other than nonpayment of premium): 30
A. If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of
premium we will mail notice to the person or organization shown in the Schedule.We will mail such notice
at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal.
B. If we cancel this policy for nonpayment of premium,we will mail notice to the person or organization shown
in the Schedule. We will mail such notice at least 15 days before the effective date of cancellation.
C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of
notice.
D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy.
IA 4087 NC 0811