HomeMy WebLinkAbout2016-196-E AMS - CRA Associates Inc. for Skills Development Center parking lot improvements DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
[Departmental Use Only]
TITLE Skills Dev Parking Lot
FY FY2015-16
NORTH CAROLINA
SERVICES AGREEMENT UNDER$90,000.00
NO RFP/RFQ
ORANGE COUNTY
This Services Agreement(hereinafter "Agreement"), made and entered into this 18th day of
March, 2016, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and CRA Associates Inc.,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Skills Development Parking Lot Improvements
ii) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
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DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
vii) In determining the basic services to be provided, should any documents be
referenced in this Agreement, the terms of this Agreement shall have priority in
any conflict between the terms of referenced documents and the terms of this
Agreement. Should a request for proposals and a proposal be referenced the
terms of the request for proposals shall have priority over the terms of any
proposal.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Prepare required construction documents for the
Skills Development Center Parking Lot improvements at 503 West Franklin Street
Chapel Hill. This shall include Construction Administration services during the
construction phase, as described in provided proposal dated March 9, 2016.
4. Duration of Services
a. Term. The term of this Agreement shall be from March 21, 2016 to August 31, 2016.
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DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be March 21,
2016.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services shall not exceed Ten Thousand
Dollars ($10,000.00). Payment for Basic Services shall become due and payable within
thirty (30) days of Provider properly invoicing County. Payment shall be subject to
provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the
County's representative with respect to the Project and shall have the authority to render
decisions within guidelines established by the County Manager and/or the County Board
of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by County'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
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DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
http://www.orangecountync.gov/departments/purchasing division/contracts.php). If
County's Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of N/A (if no additional insurance required mark N/A
as being not applicable). Provider shall not commence work until such insurance is in
effect and certification thereof has been received by the County's Risk Manager.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from
all loss, liability, claims or expense, including attorney's fees, arising out of or related to
the Project and arising from bodily injury including death or property damage to any
person or persons caused in whole or in part by the negligence or misconduct of the
Provider except to the extent same are caused by the negligence or willful misconduct of
the County. It is the intent of this provision to require the Provider to indemnify the
County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
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DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County's convenience and without penalty to County upon three (3) days' notice to
Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment._ The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Compliance with Laws. 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. By executing this Agreement Provider affirms that
Provider and any subcontractors of Provider are and shall remain in compliance with
Article 2 of Chapter 64 of the North Carolina General Statutes.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of such suit or action.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
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DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
h. Non-Appropriation. Provider acknowledges that County 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
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
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 County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. 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 1 I and Article 40 of North Carolina General Statute
Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider's Name
Attention:Angel Barnes CRA Associates Inc.
P.O. Box 8181 222 Cloister Court
Hillsborough,NC 27278 Chapel Hill,NC 27514
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
cuSigned by: DocuSigned by:
By F�6'
Vu vutt, RawKA V'Sbt By. NliG�at (,. �aw�w�t►rs(t�� P.E. pViltiGFA
Coun yanager
Michael Hammersley, PE, Principal
Printed Name and Title
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000uSign Envelope ID: 187o85Ao'o o11uonso
March 9, 2Ol6
Jeff Thompson, Ilbrctoc
Asset Management 8czvi000
Orange County
P. [).Box 8l8l
Hillsborough,NC 27270
RE: Skills Development Center Parking Lots Repair
Dear Jeff,
I oou writing to provide you with u fee proposal for the Parking Lo( Repairs tee for the Skills
Development Center iii Chapel }Ii\|. The lee includes preparation of the reguiced construction documents
and the construction administration for the construction which im\obe completed this year.
desigii fee for this work io $lO'OOU (Ten Thousand I}ol|ara).
Thank you for your consideration ofC0A Associates, Inc. for this project.
Sincerely,
ic ael L. Hann ersl y,
rincipal
cc: Angel Barnes -~~~
Capital Projects Manager
KALfDb-0RCO Skills Dsv
cra 222 cloister court I chapel hill, nc 27514 t: 919,401,8586 www.cra-ae.com
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
...- CERTIFICATE OF LIABILITY INSURANCE DATE{MMiDOIYYYY}3/2/2a16
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 Brenda Di le
NAME: _ PP
Insurance Management Consultants, Inc. {AtC0,3�o,Ext) (704)799--1600 Ne:t7o4)?49-24s5
iC,P.O. Box 2490 E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE NAIC N
Davidson NC 28036 ------------ ----._... .--
INSURERA:Beazley--Insurance Company, Inc _ 97540
INSURED
INSURER B
CRA Associates, Inc. INSURERC:
222 Cloister Court iNSURERD:
INSURER E:
Chapel Hill NC 27514 INSURER F:
COVERAGES CERTIFICATE NUMBER:6/7/15 PL Renewal 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 I TYPE OF INSURANCE ADDS SUER POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MMlDDIYYYY MMIDDIYYYY
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED _
CLAIMS-MADE EJ OCCUR PREMISES Eaoccurrence $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMPIOP AGO $
OTHER: $ ---...
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea acc dent
ANY AUTO BODILY INJURY(Per person) $
ALL OrIED SCHEDULED –
AUTOS AUTOS BODILY INJURY(Per accident) $
HIRED AUTOS NON-OWNED PROPERTY DAMAGE $
AUTOS _.{Peraccidenti_ -- --_--...._..._.... _
$ _
UMBRELLA LIAR OCCUR EACH OCCURRENCE S
EXCESS LIAR CLAIMS-MADE AGGREGATE $
OED RETENTION$ $
WORKERS COMPENSATION STATUTE OERH
AND EMPLOYERS'LIABILITY ---
ANY PROPRIETORlPARTNER/EXECUTIVE YL—N, E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
NIA
(Mandatory In NH) E,L.DISEASE-EA EMPLOYE $
It es,describe under
O SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
i
A PROFESSIONAL LIABILITY V15TPT150801 6/7/2015 6/712016 PER CLAIM $1,000,000
AGGREGATE $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space is required)
i
i
i
a
CERTIFICATE HOLDER CANCELLATION
tcomar @orangecountync.gov
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
P. O. Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS.
Hillsborough, NC 27278
AUTHORIZED REPRESENTATIVE
Jeff Todd/BD
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
INS025 12014011
I
1
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BD110D96D
DATE(MMIDDIYYYY)
A R°� CERTIFICATE OF LIABILITY INSURANCE 3/142016
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(ios) 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 endorsoment(s).
PRODUCER CONTACT
NAME: Patt y Miller
Business Insurers of Carolinas PnHiONE Ext: (919)968-4611 — tAIG,No):tsls)96e-es91
$00 Eastawne Drive, Suite 208 ADDRIESS:pom @business-insurers.com
—— —
PO BOX 2536 ENSURER(S)AFFORDING COVERAGE NAIC#
Chapel Hill NC 27515-2536 INSURERAMnion Insurance Company 25844
INSURED INSURERB:Stonewood. Ins. Co. 11828
CRA Associates, Inc INSURER a:
......._._...
222 Cloister Court INSURER D:
INSURER E:
Chapel Hill NC 27519 1 INSURER F:
COVERAGES CERTIFICATE NUMBER:CL161814323 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.
tNSR TYPE OF INSURANCE ..._._.____ ADDL SUBR POLICY NUMBER MWDD YYYY MNV DIYY Y LIMITS
LTR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
... � DAMAGF TO RENTED ---
A CLAIMS-MADE I � OCCUR PREMISES Eaaccurrence $ 300,000
— -
X CNA4298062 40 7/9/2015 7/9/2016 MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GENE AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY H PRO- � l LOG PRODUCTS-COMP/OPAGG S 2,000,000
JECT u _
OTHER: Employment Pracilces Liab Ins $ 100,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Fgpcddent
A X ANY AUTO BODILY INJURY(Per person) $
X ALL OWNED X SCHEDULED CNA4296862 40 7/9/2015 7/9/2016 BODILY INJURY(Per accident) $
AUTOS AUTGS ..........._..__....._.--
- - NON-OWNED PROPERTY DAMAGE
X HIRED AUTOS X AUTOS Peraccident $
Uninsured motorist B[split limit $ 1,000,000
A X UMBRELLA LIAB X OCCUR CRA4298062 40 7/9/2015 7/9/2016 FACHOCCURRENCE $ 4,000,000
t
EXCESS LIAB CLAIMS-MADE Umbrella follows forms AGGREGATE $ 4,000,000
LIED RETENTION$ GL,Auto & WC --- $
WORKERS COMPENSATION X PER _0T H_EMPLOYERS'LIABILITY YIN PER ,.._..__€T
ANY PROPRIETORIPARTNERIEXECUTIVE N t A E.L.EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? --
B (Mandatory In NH) y WC1000002205 2015A 12/31/2015 12/31/2016 F.L.DISEASE-EA EMPLOYE $ 500,000
I( es,describe under i
DSCRIPTIONOF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Orange County is included as additional insured in reference to the General Liability policy per written
contract per attached policy forms CLCG0114, CLCG0472, CLCG2062. If subrogation is waived, subject to
terms and conditions of the policy, certain policies may require an endorsement. A statement of this
certificate does not conquer rights to the cert±fiate holder in lieu of such endorsements.
i
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS.
Hillsborough, NC 27278
AUTHORIZED REPRESENTATIVE
I
Patty Miller/PATTY
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
INS025 onl4na}
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
COMMERCIAL GENERAL LIABILITY
CL CG 20 6211 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS:
AUTOMATIC STATUS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Additional Insured(s) c. The written contract or agreement must
1. Section 11 -Who Is An Insured is amended have been executed prior to when the
to include as an additional insured any per- "bodily injury" or "property damage"
son or organization for whom you have occurs,
agreed to add as an additional insured on d. The following is added to Section III -
your policy in a written contract or agree- Limits Of Insurance-
went, but only with respect to liability for The most we will pay on behalf of the
"bodily injury" or "property damage" caused, adonal insured(s) is the amount of in-
in whole or in part, by"your Work" performed surance:
for that additional insured and included in the
products-completed operations hazard". (1) Required by the written contract or
2. The insurance afforded to such additional In- agreement described in Paragraph 1.
sured(s) described in Paragraph 1. above is above; or
subject to each of the following additional (2) Available under the applicable Limits
provisions: of Insurance shown in the Declara-
a. The coverage provided to the additional tions;
insured by this endorsement does not whichever is less.
apply to "bodily injury" or"property dam-
This endorsement shall not increase the
age"beyond:
applicable Limits of Insurance shown in
(1) The period of time required by the the Declarations of this policy or cover-
written contract or agreement age(tart.
described in Paragraph 1. above, or B. Professional Liability Exclusion
10 years from the date of the
completion of "your work" described With respect to coverage provided by this en-
above,whichever is less, or dorsement, the following exclusion is added to
(2) Two years from the date of the Paragraph 2. Exclusions of Section I - Cover.
completion of "Your work" described age A - Bodily Injury And Property Damage
above, It the written contract or Liability:
agreement does not specify the This insurance does not apply to"bodily injury"
period of time. or"property damage"arising out of
b. The insurance afforded to the additional Professional Liability
insured(s) only applies to the extent per-
mitted by law. Having rendered or having failed to render any
professional architectural, engineering or
surveying services, including;
1. The preparation, approval, or failure to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; or
CL 00 20 62 li 12 Includes copyrighted material of Insurance Services Office Pagel of 2
with its permission
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
2. Supervisory, inspection, architectural or engi- (2) The names and addresses of any injured
neering services, persons and witnesses;and
This exclusion applies even if the claims against (3) The nature and location of any injury or
any Insured allege negligence or other wrongdo- damage arising out of the"occurrence',
ing in having supervised, hired, employed, b. If a claim is made or"suit"is brought against
trained or monitored others by that insured, If the any insured,the insured must:
"occurrence" which caused the "bodily Injury" or
"property damage" involved the rendering of or (1) Immediately record the specifics of the
the failure to render any professional architec- claim or""suit"and the date received,and
tural,engineering or surveying services, (2) Notify us as soon as practicable.
C. Duties In Event Of Occurrence,Claim Or Suit The insured must see to it that we receive
With respect to the coverage provided by this en- written notice of the claim or""suit`"as soon as
dorsement, the following replaces Paragraphs practicable.
2.a. and 2.b. of Section IV - Commercial Gen- D. Primary And Noncontributory
eras Liability Conditions: With respect to the coverage provided by this en-
a. You and any additional insured must see to it dorsement, the following is added to Paragraph
that we are notified as soon as practicable of 4.a. of Section IV - Commercial General Lia-
an '"occurrence"which may result in a claim. bility Conditions:
To the extent possible,notice should include. The insurance provided to the additional Insured
(1) How, when and where the "occurrence" is primary to and will not seek contribution from
took place; the additional insured's own insurance when
required by the written contract or agreement
described in Paragraph A.I.above.
Page 2 of 2 Includes copyrighted material of Insurance Services Office CL CG 20 6211 12
with its permission
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
COMMERCIAL GENERAL LIABILITY
CL CG 01 141110
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
AMENDMENT OF PRIMARY AND EXCESS PROVISIONS
(ADDITIONAL INSUREDS)
This endorsement modifies insurance provided under the foltowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraph (v) Is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other
Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,as follows,
(1) This insurance Is excess over
(a) Any of the other insurance,whether primary,excess,contingent or on any other basis,
(v) That is available to any person or organization who has been added as an additionat insured to
this policy by endorsement.
However, with respect to an additional insured added by endorsement for liability caused, in
whole or in part:
1. By your acts or omissions, or the acts or omissions of those acting on your behalf'.
(a) In the performance of your ongoing operations,or
(b) In connection with your premises; or
2. By your maintenance, operation or use of equipment leased to you by such person or
organization,
this insurance shall be primary for such acts or omissions as described in subparagraphs
(1)(a)(v)1. and(11)(a)(v)2, above if you and such additional insured have agreed prior to loss in a
written contract or written agreement, in effect during this policy period, that this insurance be
primary for same.
When required by such written contract or written agreement, we will treat as "non-contributory"
any other primary premisestoperations liability insurance available to such additional insured for
liability described in subparagraphs (4)(a)(v)1. and (11)(a)(v)2. above and for which such person
or organization has been added as an additional insured by endorsement to this policy, However,
this insurance, in all cases, is excess over any other liability Insurance available to the additional
Insured to which such person or organization has been added as an additional insured by
endorsement.
S. With respect to the changes made by this endorsement, the following definition is added to Section V,
DEFINITIONS.,
*'Non-contributory"means that other insurance available to the additional insured will apply as excess and will
not contribute as primary to the insurance provided by this endorsement.
CL CG,01 141110 Includes copyrighted material of Insurance Services Office, Inc., Page I of I
with its permission,
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
COMMERCIAL GENERAL LIABILITY
CL CG 04 72 0711
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADVANTAGE GENERAL LIABILITY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schedule
Coverage Extension Limit or Included Page
Expected Or Intended Injury Or Damage Included 3
Knowledge Of Occurrence Included 4
Legal Liability-Damage To Premises Rented To You (Fire, Lightning, Explosion, 4
or Leakage From Automatic Fire Protective Systems) $300,000
Medical Payments $10,000 4
Miscellaneous Additional Insureds Included I
Mobile Equipment Redefined Included 6
Newly Formed Or Acquired Organizations-Extended Period Of Coverage Included 5
Non-Owned Watercraft(increased to maximum length 00 61 feet 5
Property Damage—Elevators Included 5
Supplementary Payments-Increased Limits: 5
1, Ball Bonds $3,000 6
2. Loss Of Earnings $1,000 5
Unintentional Omission In Disclosure Included 5
The above Schedule is a summary only. Please consult the specific provisions that follow for complete
information on the extensions provided, If there is a conflict between this summary and the endorsement
provisions that follow, the endorsement provisions shall prevail,
The provisions of the Commercial General Liability (1) Currently in effect or becoming effec-
Coverage Part apply except as otherwise provided in five during the term of this policy,
this endorsement This endorsement applies only it and
such Coverage Part is included in this policy. (2) Fully executed by you and the addi-
A. MISCELLANEOUS ADDITIONAL INSURED$ tional insured prior to the "bodily
in-
property damage", or 'per-
1. Section 11 -Who Is An Insured is amended jury".
to include as an insured an person or or- sona and advertising injury".
ganization (referred to as ay(ditional insured b. The insurance afforded by this provision
below) described In Paragraphs A.11.c.(I) does not apply to any person or organi-
through A.I.c.(7) below when you and such zation included as an additional insured
r nersoni or organization have agreed in writing by a separate endorsement Issued by us
' a contract or agreement that such person and made a part of this policy or cover-
or organization be added as an additional in- age part,
cured on your policy, provided that: c, Only the following persons or organiza-
a. The written contract or written agreement tions are additional Insureds under this
is, provision, with coverage for such addi-
OL CG 04 72 0711 Includes copyrighted material of Insurance Services Office, Pago I of a
Inc.,with its permission
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
tonal insureds limited as provided dorsement ends when their contract
herein: or agreement with you for such
(i) Managers or Lessom of Premises leased equipment ends,
A manager or lessor of premises but This Insurance does not apply to any
only with respect to liability arising "occurrence' which takes place after
out of the ownership, maintenance or the equipment lease expires,
use of that part of the premises
leased to you and subject to the fol- (6) State, Municipality, Governmental
lowing additional exclusions, Agency or Subdivision Or Other
This Insurance does not apply to, Political Subdivisions
(a) An A state, municipality, governmental
place-occurrence' which takes ageric or subdivision or other politi-
ace after you cease to be a cal slivision subject to the follow-
tenant In that premises. ing provisions'.
(h) Structural alterations, new con- (a) This insurance applies only with
struction or demolition operations respect to:
performed by or on behalf of
such additional insured, (1) The following hazards for
which the state, municipality,
(2) Mortgagee,Assignee or Receiver governmental agency or
A mortgagee, assignee or receiver subdivision or other political
but only with respect to their liability subdivision has issued a
as mortgagee, assignee, or receiver permit or authorization In
and arising out of the ownership, connection with premises
maintenance, or use of a covered you own, rent, or control and
premises by you, to which this insurance ap-
plies:
This insurance does not apply to
structural alterations, new construc-
tion and demolition operations per- nance, repair, construc-
formed by or for such additional in- Lion, erection, or removal
I i
cured. of advertising signs,
awnings, canopies, cel-
(3) Owners or Others Interests From tar entrances,coal holes,
Whom Land Has Been Leased driveways, manholes,
t a
hoi
s
e
rque , hoist owner or other interest from ma
whom land has been leased by you 9s, sidewalk
but only with respect to liability aril- vaults, street banner's, or
ing out of the ownership, mainte-
decorations and similar
nance or use of that part of the land exposures; or
leased to you and subject to the fol- 2. The construction, erec,
lowing additional exclusions: tion, or removal of ele-
This Insurance does not apply to: vators;or
(a) Any "occurrence" which takes (it) Operations performed by you
on your behalf for which
place after you cease to lease 01'
the state, municipality, o
that land. v
er,nmental agency or suldl:
(b) Structural alterations, new con- vision or other political sub-
struction or demolition operations division has issued a permit
performed by or on behalf of the or authorization.
additional insured.
(b) This insurance does not apply to
(4) Lessor Of Equipment "bodily injury", "property dam-
aqe"or"personal and advertising
Any person or organization from injury" arising out of operations
whom you lease equipment but only performed for the federal gov-
with respect to liability for "bodily in- ernment, state, municipality or
jury", "prop"damage"or"personal other political subdivision.
and advertising injury" caused, in
whole or in part, by your mainte- (6) Controlling Interest
nance, operation or use of equip- Any person(s)or organization s)With
meat leased to you by such person
a controlling interest In the amed
or organization, Insured, but only with respect to their
A person's or organization's status as liability arising out of
an additional insured under this en-
Page 2 of 6 Includes copyrighted material of Insurance Services Office, CL CG 04 72 0711
Inc.,with Its permission
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
(a) Their financial control of the available to the additional in-
Named Insured:or sured for injury or damage
covered by provision A. Mis-
(b) Promises they own maintain or cellaneous Additional In-
control while the Named Insured sureds, except for such
leases or occupies these prom- other insurance as noted In
ices. Paragraph b.(1)(b)below.
This insurance does not apply to
structural alterations, new construc-
tion and demolition operations per-
formed by or for such additional in-
sured.
(7) Co-owner Of Insured Premises
A co-owner of a premises co-owned
by you and covered under this insur-
ance but only with respect to the co-
owner's liability as co-owner of such
premises,
2. With respect to coverage provided by this
provision A. Miscellaneous Additional In-
sureds, the following additional provisions
also apply:
a. Any insurance provided to an additional
insured designated under Paragraphs
A.U.(I) through AA.c.(7) above does
not apply:
(1) To "bodily Injury" or "property dam-
age' Included within the "products-
completed operations hazard"; or
(2) To "bodily injury", "property damage"
or "`personal and advertising Injury"
adsipng out of the sole negligence of
such additional Insured,
b. Paragraph 4.b.of Section IV-ComMOV-
clal General Liability Conditions is
deleted and replaced with the following',
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance,
whether primary, excess,
contingent or on any other
basis that is available to the
additional Insured unless you
and the additional insured
have specifically agreed in
writing that this Insurance be
primary. Then we will treat
any other insurance main-
tained by the additional in-
sured for Injury or dama e
covered by provision A. Mls-
cellaneous Additional In-
sureds, except such other
insurance as noted in Para-
graph b.(1)(b) below, as ex-
cess to this insurance.
If specifically required by
such written contract or
written agreement, we will
not seek contribution from
any other liability insurance
CL CG 04 72 07 11 Includes copyrighted material of Insurance Services Office, Page 3 of 6
Inc.,with its permission
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
(b) Any other primary liability in-
surance available to the ad-
ditional insured for damages
arising out of premises or
ongoing operations for which C. KNOWLEDGE OF OCCURRENCE
such person or or anization
has been addeT as an Paragrash 2.a. Duties In The Event Of Occur-
additional insured by rence, ffense, Claim Or Suit of Section IV -
attachment of an endorse- Commercial General Liability Conditions is
ment. deleted and replaced by the following:
(2) When this insurance Is excess, a. You must see to It that we are notified as
we will have no duty under Sac- soon as practicable of an"occurrence"or
tion I - Coverage A - Bodily an offense which may result in a claim
Injury And Property Damage only when the"occurrence" or offense is
Liability or Coverage 8 - Per. known to:
sonal And Advertising Injury
Liability to defend the insured (1) You, if you are an individual;
against any "suit' If any other In- (2) A partner, if you are a partnership;
surer has a duty to defend the
insured against that "suit''. If no (3) A manager, if you are a limited liabil-
other insurer defends, we will 4 company,or
undertake to do so, but we will (4) An "executive officer" or the "em-
be entitled to the insureds rights ployee�' designated by you to give
against all those other insurers, such notice, if you are an organtze-
(3) When this insurance is excess Lion other than a partnership or a
over other insurance, we will pay limited liability company.
only our share of the amount of
To the extent possible, notice should include:
the loss, If any, that exceeds the
sum of (1) How, when and when the "occur-
(a) The total amount that all rence"or offense took place;
such other insurance would (2) The names and addresses of any in-
pay for the loss in the ab- lured persons and witnesses; and
sense of this insurance; and
(3) The nature and location of any o injury
'
(b) The total of all deductible or damage arising out of the ur_
and self-insured amounts renoel or offense.
under all that other insur-
ance, D. LEGAL LIABILITY - DAMAGE TO PREMISES
RENTED TO YOU (Fire, LI htning, ExTiosion,
(4) We will share the remaining loss, Leakage From Automatic Piro Protec ve Sys-
it any, with any other insurance tems)
that is not described in this Ex-
cess Insurance provision and It damage by fire to premises rented to you is not
was not bought specifically to otherwise excluded from thls policy or coverage
apply in excess of the Limits of part,then the following provisions apply.
Insurance shown in the Declara-
I The last paragraph under B. Exclusions of
bons of this policy or coverage
Section I-Coverage A -Bodily Injury And
part.
Property Damage Liability is deleted and
B. EXPECTED OR INTENDED INJURY OR DAM- replaced by the following:
AGE Exclusions c.through n.do not apply to dam-
Exclusion 2.a. Expected Or Intended Injury of age by fire, lightning, explosion, or leakage
Section I - Coverage A - Bodily Injury And from automatic fire protective systems to
Property Damage Liability is deleted and re- premise while rented to you or temporarily
premises
oc
placed by the following: 0 cupled by you with the permission of the
w r
ne . A separate limit of insurance applies
a� Expected Or Intended Injury to this coverage as described in Section III-
"Bodily injury" or "property damage' ex-
Limits Of Insurance.
pected or intended from the standpoint of 2. The paragraph immediately after Subpara-
the Insured, This exclusion does not ap- raph j.(6) of Paragraph 2. Exclusions of
ply to "bodily Injury" or "property dam- aection I-Coverage A -Bodily Injury And
age resulting from the use of reasonable Prop" Damage Liability is deleted and
force to protect persons or property. replaced by the following:
Page 4 of 6 Includes copyrighted material of Insurance Services Office, CL CG 04 72 0711
Inc.,with its permission
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
Paragraphs (1), (3 and (4) of this exclusion the Medical Expense Limit is chayed, subject to
do not apply to 'property damage" (other the terms of Section III-Limits 0 Insurance,to
than damage by fire, lightning, explosion,and the greater of.
leakage from automatic fire protective sys- a. $10,000: or
terns) to premises, including the contents of
such premises, rented to you for a period of 7 b. The Medical Expense Limit shown In the
or fewer consecutive days.A separate limit of Declarations,
insurance applies to Damage To Premises
Rented To You as described in Section III -
Limits Of Insurance.
3. Paragraph 6. of Section III - Limits Of F. MOBILE EQUIPMENT REDEFINED
Insurance is deleted and replaced by the Subparagraph f,(I) of definition 12. "mobile
following: equipment'of Section V - Definitions Is deleted
6. Subject to Paragraph S. above, the and replaced by the following*
greater of, (1) Equipment with a gross vehicle weight of
a. $300,000;or IVIO pounds or more and designed pri-
b. The Damage To Premises Rented marily for.
To You Limit shown in the Declara- (a) Snow removal;
tions; (b) Road maintenance, but not construc-
is the most we will pay under Coverage tion or resurfacing; or
A for damages because of "property (c) Street cleaning-,
damage" to premises while rented to
you, or in the case of damage by fire, G. NEWLY FORMED OR ACQUIRED ORGANIZA-
lightning, explosion, or leakage from au- TIONS•EXTENDED PERIOD OF COVERAGE
tomatic fire protective systems, while Paragraph 3. of Section 11 -Who Is An insured
rented to you or temporarily occupied by is deleted and replaced by the following:
you with permission of the owner.
This limit will apply to all damage proxi- 3. Any organization you newly acquire or form,
mately caused by the same event, other than:
whether such damage results from fire, a. A
gartnership,joint venture,or limited lia-
t
lightning xplosion, leakage from auto- bi ty company,or
matic Wirle protective systems, or other
covered causes of loss or any combina- b. An organization excluded either by the
tion thereof. provisions of this policy or coverage part,
4. Subparagraph b.(1)(a)(Ii) of Par raph 4. or by endorsement',
Other Insurance of Section IV -Iommer- and over which you maintain ownership or major-
clat General Liability Conditions is deleted ity interest of more than 60% will qualify as a
and replaced by the following, Named Insured If there is no other similar insur-
(11) That is fire, lightning, explo-
once available to that organization. However
sion, leakage from automatic a. Coverage under this provision is afforded
fire protective systems incur- ondp until the 1800,day after you acquire
ance for premises rented to or orm the organization or the end of the
ou or temporarily occuf led policy period,whichever is earlier,
ty you with permission o the
b. Section I - Coverage A - Bodily In ury
owner; And Property Damage Liability In
6. Subparagraph a.of definition 9."insured con- not apply to "bodily injury" "property
p roperty
tract" of Section V - Definitions is deleted dame e" that occurred before you ac-
an qui d replaced by the following: ieSor formed the organization;and
a. A contract for a lease of premises. How- c. Section I-Coverage 8-Personal And
ever, that portion of the contract for a Advertising Injury Liability does not
lease of promises that indemnifies, any apply to"personal and advertising in'
(2ury
on or organization for damage by arising out of an offense c bait e-
fore you acquired or formed the organi-
fipreem, lightning, explosion, leakage from
automatic fire protective systems to zation.
premises while rented to you or tempo-
H. NON-OWNED WATERCRAFT
rarity occupied by you with permission of
the owner is not an"insured contract'. Subparagraph (2) of Exclusion 2.9. Aircraft,
E. MEDICAL PAYMENTS Auto Or Watercraft of Section I -Coverage A -
Bodily Injury nd Property Damage Liability
If Coverage C -Medical Payments is not other- is deleted an7replaced by the following:
wise excluded from this policy or coverage part,
CL CG 04 72 0711 includes copyrighted material of Insurance Services Office, Page 6 of 6
Inc,,with its permission
DocuSign Envelope ID: 187C85AD-DC20-46B5-86B8-A54BDI10D96D
(2) A watercraft you do not own that is:
(a) Less than 51 feet long;and
(b) Not used to carry persons or
prop"for a charge;
I. PROPERTY DAMAGE-ELEVATORS
1. Subparagraphs (3), (4), and (6 of Exclusion
2.j. Damage To Property V Section I -
Coverage A - Bodily Injury And Property
Damage Liability do not apply to the use of
elevators,
2. Exclusion 2.k. Damage To Your Product of
Section I-Coverage A -Bodily Injury And
Prop" Damage Liability does not apply
to the use of elevators.
The insurance afforded by this provision, Prop-
erty Carnage - Elevators, is excess over any
other valid and collectible property and/or inland
marine insurance (including any deductibles)
available to the Insured. Paragraph 4. Other In-
surance of Section IV - Commercial General
Liability Conditions is changed accordingly,
J. SUPPLEMENTARY PAYMENTS-INCREASED
LIMITS
Section 1 -Supplementary Payments -Cover.
ages A and B is changed as follows:
1. The limit shown in Paragraph 1.b. for the
cost of ball bonds is changed from $260 to
$3,000;and
2. The limit shown in Paragraph I.d, for loss of
eamings because of time off work is changed
from$260 a day to$1,000 a day,
K. UNINTENTIONAL OMISSION IN DISCLOSURE
The following provision is added to Paragraph 6.
Representations of Section IV - Commercial
General Liability Conditions:
However, the unintentional omission of any in-
formation given or provided by you shall not prej-
udice your tights under this insurance.
This provision does not affect our right to collect
additional premium or to exercise our right of
cancellation or tion-renewal.
Page 6 of 6 Includes copyrighted material of Insurance Services Office, CL CG 04 72 0711
Inc,,with its permission