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HomeMy WebLinkAbout2018-458-E AMS - Pronet Link UpgradesDocuSign Envelope ID: 08748A51 -1 EAE -4134E- 88313-31 BB8950OF78 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 20th day of August, 2018 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and ProNet Systems, Inc. (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 AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: August 20, 2018 through September 7, 2018. The Project Commencement Date shall be August 20, 2018. Dollar Amount Not to Exceed: Twenty Three Thousand Five Hundred Seventy Four Dollars and Seventy -Five Cents ($23.574.75) 2. SERVICES Contractor agrees to provide the following construction services (the "Work "): Provide all labor and materials to install card readers, cameras and wireless duress alarms per quote Q080718 Orange County — John Link Building — Lower Level Security Systems dated August 7, 2018. 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. 3. 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 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. 4. 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 Revised 10/17 1 DocuSign Envelope ID: 08748A51 -1 EAE -4134E- 88313-31 BB8950OF78 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. 5. SUSPENSION AND 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. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other 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. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. 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 htlp://www.orangecounl3Mc.gov/departments/purchasing division/contracts.ph 2). 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. 7. INDEMNIFICATION Contractor agrees, without limitation, 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 resulting in property damage or personal injury, including death, or other loss 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. 8. NON - ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 9. NON — APPROPRIATION Revised 10/17 2 DocuSign Envelope ID: 08748A51 -1 EAE -4134E- 88313-31 BB8950OF78 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. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non - performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http: / /www.oran eg cogptync ov/departments /purchasing division/contracts.php). 11. 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. 12. 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. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http: / /www.oran ecounbMc. ov�/departments /purchasing division/contracts.php). Any violation of the Orange County Non - Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been Revised 10/17 3 DocuSign Envelope ID: 08748A51 -1 EAE-4134E-88313-31 BB8950OF78 identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147 -86.58 and G.S. 147 - 86.81. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 10/17 4 DocuSign Envelope ID: 08748A51 -1 EAE -4134E- 88313-31 BB8950OF78 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY ByEv -m 6itinit. 9-0^Kity�bj County' Manager 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/17 CONTRACTOR 8/23/2018 B Y���Y.P�lS]l.V f5 ProNet Systems, Inc 3200 Glen Royal Road, Ste 107 Raleigh, NC 27617 8/20/2018 DocuSign Envelope ID: 08748A51- lEAE -4B4E- 8838- 31BB8950OF78 PRoNET SYSTEMS, INC 3200 GLEN ROYAL ROAD, SUITE 107, RALEIGH, NC 27617 www.pronetsVstemsonline.com TELEPHONE 919.277.2070 FAX 919.277.2072 Q080718 Orange County — John Link Building — Lower Level Security Systems August 7, 2018 Ms. Angel Barnes Orange County Asset Management Services PO Box 8181 Hillsborough, NC 27278 Dear Ms. Barnes, RE: ORANGE COUNTY — JOHN LINK BUILDING — LOWER LEVEL SECURITY SYSTEMS We have received your briefing and reviewed the drawings and are pleased to offer the following proposal for your review. We have pleasure in offering the following proposal for your review. This proposal covers the following: 1. Seven (7) card access doors, including six (6) electrified locksets and one (1) strike. 2. Two (2) cameras with local network video recorder. 3. Five (5) wireless duress alarms. Equipment Description Quantity Equipment Description Unit Price Total Price 2 Altronix AL60OULXPD8 12 Volt 6 Amp Power Supplies 164.70 329.40 2 Avigilon 1C -ACC5 -ENT Enterprise Camera License 271.35 542.70 2 Avigilon 2.00- H4SL -D1 2 Megapixel Interior Dome Camera 332.10 664.20 1 Bosch DS -150 PIR REX 74.25 74.25 6 Corbin ML20906 Electrified Mortice Lock with REX Option 822.73 4,936.38 1 Dell T330 Tower PowerEdge 8Gig Memory RAID 5 (24TB) 1,957.50 1,957.50 3 Enersys NP712 12 Volt 7AH Battery 28.35 85.05 7 GE 1076CW Door Contacts 11.48 80.36 1 HES HE -1006 Electric Strike 373.95 373.95 7 HID 920NTNNEK000OO -LOO I Smart Card Reader Switch Plate Gray 211.95 1,483.65 5 Inovonics EN 12235 Emergency Call Transmitter One Button Waterproof Neck 74.99 374.95 1 Inovonics EN4216MR 16 Channel Receiver 301.04 301.04 4 Lenel LNL- 1320 -S3 Dual Reader Interface 537.30 2,149.20 1 MS Win 7 PRO Windows OS 7 Professional 135.00 135.00 6 Stanley CEFBB179 4 Wire Electric Hinge 101.25 607.50 Cable and Installation Materials 1,602.35 Equipment Total Including Cable and Materials 15,597.48 Add Estimated Shipping 379.82 Add Labor 5,945.72 Add 7.5 % Sales Tax 1,651.73 Total Price Including Equipment, Labor, Sales Tax, and Shipping $23,574.75 DocuSign Envelope ID: 08748A51 -1 EAE -4134E- 88313-31 BB8950OF78 Warranty All products are covered for one year, parts and labor, from date of hand over. An extended maintenance program is available. This includes parts and labor on all products for the second year after date of hand over. Service Rates Out of warranty call out is charged at $90.00 per hour and $110.00 per hour out of hours (regular business hours are 8.00 am to 5.00 pm, Monday to Friday). Response time is same day if service call is requested before 10.00 am or if the system is down due to failure. All product is covered for one year, parts and labor, from date of hand over. A Service Contract for an extended maintenance program is offered if required. This includes parts and labor on all products for the second year after date of hand over. Service Contract A maintenance program is offered below. Full Maintenance $ 1,409.51 per year Terms of Payment A discount of 2% is offered if total due is paid within 10 days of invoice date. Interest will be charged at a rate of 1.5% per month on accounts 10 days past due. Validity These rates are valid for a period of thirty days from today's date. We trust that in submitting this proposal we have addressed all your requirements. Should you require further clarification or additional information, please do not hesitate to contact us. Sincerely, Alan Jelley ProNet Systems, Inc. Accepted: Signed ........................ ............................... For and On Behalf of Orange County .......................................................... ............................... Print Name & Title Date........................... ............................... ?s,t�ti�� Couua�ty nl�;i link limidin Lo��ci �,��c�`�cet�ri[� S�.u�'�7th; PwACLS\- ,lcul�_hic. 2 DocuSign Envelope ID: 08748A51- 1EAE -4B4E- 8838- 31BB89500F78 AC"RDr CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DDlYYYY) l TYPE OF INSURANCE ] 06/1912018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONS 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 have ADDITIONAL INSURED provisions or 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 Ken B. Lawson, Jr.�N'N Lawson Insurance Group, Inc. NAMEA r Amy H. Paschal E�rk 919 - 846 -2090 ext 105 ! �G No: 919 -846 -2438 E-MAIL ss: amy.paschal @Iawsonins.com 6512 -101 Six Forks Rd. Raleigh, NC 27615 INSURERS AFFORDING COVERAGE NAIL# INSURERA: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: NorGUARD Insurance Company 25844 ProNet Systems, Inc. 3200 Glen Royal Road Suite 107 Raleigh, NC 27617 INSURERC : MED EX? (Any one person) INSURERD: Contractor's Enhancement INSURER E : i INSURER F: GEN'L AGGREGATE L€ IT APPLIES PER: POLYCY I1 SCOT LOCI E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW €THSTANDING 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 LTR l TYPE OF INSURANCE ] ADDL SUBR POLICYNUMBER { POLICY EFF € MMIDDNYYY POLICY EXP MM(DDlYYYY 1 LIMITS p' �COMMERCIALGENERALUABILITY 3 CLAIMS -MADE I_, j OCCUR X Contractual Liability ACP 22028943$3 02122120180212212019' EACH OCCURRENCE $ 1,000,000 A A N PREMISES Ea occurrence $ 100,000 MED EX? (Any one person) $ 5,000 Contractor's Enhancement PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE L€ IT APPLIES PER: POLYCY I1 SCOT LOCI E Ali s I GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMPIOPAGG S 2,000,000 OTHER; I S AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY AUTOS i ' i s COMBINED SINGLE LIMIT Ea accident € S BODILY INJURY (Per person) 5 I BODILY INJURY (Per accident) 5 I PROPERTY DAMAGE € 1Per accident} 5 T 5 I I A ]WORKERS B I �ANYPROPRiETORIPARTNER I.OFFICERIMEMBER iOESORIPT X! UMBRELL4LIA6 X 1 OCCUR EXCESS LIAB CLAIMS -MADE Y I N 1 A Y ACP 2202994383 I PRWC838165 !04l0312018I)410 j02/2212018E02122120191 212 0 1 9 I EACHOCCURRENCE 5 4,000,000 AGGREGATE GATE 5 4,000,000 DED X 1, RETENTIONS None COMPENSATION AND EMPLOYERS' LIABILITY !EXECUTIVE YIN EXCLUDED? Y (Mandatory in under Ef yes, describe under € €ON OF OPERATIONS below ]( PER OTH- STATUTE ER S E. L. EACH ACCIDENT 5 1,000 OO s 0 L. DISEASE - EA EMPLOYEE S 1,000 000 s E. L. DISEASE - POLICY LIMIT 5 1,000,000 A Tools and Equipment j Commercial Inland and Marine All Job Sites of the Insured � ACP 2202994383 021221201$02122(2019 Installation Floater j Contractors Equip - $500.1$1000. Ded respectively $75,000. Limit $22,250. Limit DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required} Orange County is included as additional insured and waiver of subrogation applies per Blanket Contractors Enhancement Endorsement CG 72 88 under the general liability policy (please refer to attachments). The umbrella /excess liability policy is "follow form ". Blanket waiver of subrogation also applies to the workers compensation policy (see attached). Orange County P. O. Box 8181 Hillsborough, INC 27278 Email: abarnes@orangecountync.gov Email: anitaj @pronetsystemsnc.com Email: patfapronetsystemsnc.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. W IzsoO -cutO Ay-;JMLJ t,UYCYVKAI IUN. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 08748A51- 1EAE -4B4E- 8838- 31BB89500F78 COMMERCIAL GENERAL LIABILITY CG 72 88 1216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. 2. Limit of Insurance — For the purpose of this coverage, the most we will pay is $10,000 per "occurrence ". B. Voluntary Property Damage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following; At your request, we will pay for "properly damage" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $1,500 per `occurrence ". C. Non -Owned Watercraft Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions Exclusion g. Aircraft, Auto Or Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and D. Expanded Property Damage Coverage 1. For the purposes of this endorsement only: Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion j. Damage To Property is amended as follows: a. Paragraphs (S), (5), and (6) are deleted in their entirety. b. Paragraph (4) is deleted in its entirety and replaced with: (4) Personal property in the care custody; or control of the insured: (a) For storage or sale at premises you own, rent or occupy; or (b) While being transported by any aircraft, "auto ", or watercraft owned or operated by or rented to or loaned to any insured. c. The coverage provided by this endorsement does not apply to "property damage ": C. Non -Owned Watercraft (1) Arising out of the disappearance or Under Section I -- Coverages, Coverage A loss of use of personal property; or Bodily Injury And Property Damage Liability, (2) Included in the "products- completed 2. Exclusions Exclusion g. Aircraft, Auto Or operations hazard ". Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. ACP GLO 2202994383 51GB 17362 INSURED COPY 35 0012667 DocuSign Envelope ID: 08748A51 -1 EAE -4134E- 88313-31 BB8950OF78 CG 72 88 12 16 2. Limit of Insurance - The most we will pay for loss arising out of any one 'occurrence" is $5,000. 3. Deductible - Our obligation to pay for a covered loss applies only to the amount of loss in excess of $250. We will pay the deductible amount to effect settlement of any claim or "suit" and upon notification having been taken you shall promptly reimburse us for the deductible as has been paid by us. This insurance is primary to any expanded damage coverage provided by a separate endorsement attached to this policy, and it will supplant any deductible in said endorsement. E. Damage To Premises Rented To You 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, the last paragraph of 2. Exclusions is replaced with: It Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire; lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance, 2. Under Section III — Limits Of Insurance, Paragraph 6. is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. 3. Under Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke, or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. F. Supplementary Payments Under Section I — Coverages, Supplementary Payments — Coverages A and B Paragraphs 1.b. and 1.d. are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. G. Newly Formed And Acquired Organizations Under Section Il — Who Is An Insured Paragraph 3.a. is replaced with: a. Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; H. Additional Insured — Automatic Status When Required In An Agreement Or Contract With You Section II — Who Is An Insured is amended to include: 4. Any persons) or organization(s) described in Paragraphs a. — d. below with whom you have agreed in writing in a contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. The person or organization added as an insured by this endorsement is an insured only for liability due to: a. Lessors of Leased Equipment with respect to their liability for "bodily injury ", 'property damage ", or "personal and advertising injury ", caused in whole or in part by your maintenance, operation or use of equipment leased to you by such person(s) or organization (s), This insurance does not apply to any "occurrence" which takes place after the lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with Its permission. ACP GLO 2202994383 SIGD 17362 INSURED COPY 35 001266a DocuSign Envelope ID: 08748A51 -1 EAE -4134E- 88313-31 BB8950OF78 CG 72 88 1216 b. Managers or Lessors of Premises d. Owners, Lessees, or Contractors with with respect to liability arising out of the respect to liability for "bodily injury ", ownership, maintenance, or use of that "property damage ", or "personal and part of the premises you own, rent, advertising injury" caused, in whole or in lease, or occupy. part, by: This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that struction or demolition operations additional insured; whether the work performed by or on behalf of the is performed by you or on your person or organization. behalf. However; their status as additional The insurance does not apply to: insured under this policy ends when you (1) "Bodily injury" "property damage ", cease to be a tenant of such premises. or "personal and advertising injury" c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has issued a permit or authorization in (a) The connection with premises you own; rent preparing, approving, or failing to or approve or control and to which this insurance prepare applies' maps, shop drawings, opinions, (1) The existence, maintenance, repair, reports, survey; field orders, change orders, or drawings and construction, erection, or removal of specifications: or advertising signs, awnings, canopies, cellar entrances, coal (b) Supervisory, inspection, archi- holes, driveways, manholes, tectural, or engineering activ- marquees, hoist away openings, sidewalk vaults, street banners, or ities. (2) "Bodily injury" or "property damage" decorations and similar exposures; occurring after: or (a) All work, including materials, (2) The construction; erection, or parts, or equipment furnished in removal of elevators; or connection with such work, on the project (other than service, The ownership, maintenance, or use of maintenance or repairs) to be any elevators covered by this insurance. performed by or on behalf of the This insurance does not apply to: additional insured(s) at the (1) "Bodily injury" or "property damage" location of the covered or "personal or advertising injury" operations has been completed; arising out of operations performed or for the state or municipality; or (b) That portion of "your work" out 2 "Bodily injury" or "property dame e" () y J y g of which the injury or damage included within the `products- arises has been put to its completed operations hazard ". intended use by any person or organization other than another However, such state or political contractor or subcontractor subdivision's status as additional engaged in performing insured under this policy ends when the operations for a principal as a permit ends. part of the same project. CG 72 88 12 16 Includes copyrighted material of Insurance Services office, Inc_, with its permission. Page 3 of 5 ACP GLO 2202994383 51GB 17362 INSURED COPY 35 0012669 DocuSign Envelope ID: 08748A51- 1EAE -4B4E- 8838- 31BB89500F78 CG 72 88 1216 However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. With respect to the insurance afforded to such additional insureds a. — d. described above the following is added to the Section Ill W- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement: or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, the insurance afforded to such additional insureds a. — d. described above- 1 . Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide such additional insured. 1. Aggregate Limit Per Project Under Section III — Limits Of Insurance The following paragraph is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. J. Medical: Payments Under Section 111 — Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000, or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. Page 4 of 5 This coverage does not apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. K. Knowledge Of An Occurrence Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence; offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer, or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim, or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. L. Unintentional Failure To disclose Hazard Under Section IV — Commercial General Liability Conditions, Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. M. Waiver Of Subrogation Under Section IV — Commercial General Liability Conditions, 8. Transfer Of Rights Of Recovery Against Others To Us the following paragraph is added: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 72 88 12 16 ACP GLO 2202894383 51GB 17362 INSURED COPY 35 0012570 DocuSign Envelope ID: 08748A51- 1EAE -4B4E- 8838- 31BB89500F78 N. Liberalization Under Section IV - Commercial General Liability Conditions, the following condition is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. CG 72 88 12 16 0. Broadened Bodily Injury Definition (Mental Anguish) Under Section V - Definitions Definition 3. "Bodily Injury" is replaced with: 3. "Bodily injury" means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury; shock, or humiliation, including dealh at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 ACP GLO 2202994383 SIGB 17362 INSURED COPY 35 0012671 DocuSign Envelope ID: 08748A51- lEAE -4B4E- 8838- 31BB89500F78 WORKERS COMPENSATION AND EMPLOYERS L IAWLITY €NSURA14CE POt.tt:Y WC 0a 03 1131 _ ................. .. ......... ........ .... ........... .....w:. (Ed. 4- &4`1 WANER OF OUR PIGHT TO RECOVER FROM OTHERS ENDORSEMENT Ova r4ase the right try rtcover or.�r paymefit5' ;rn anyone fiabie €car an injury covered by ifri; paii€y. Wo w-T not enforce our right against the perm or orgar zzAbn named in the Sc tedule. ►;This ac memen` applies only to the extent thaL you parf6rm 3vork under a wrote n wr�Lract that rtquiTes you, to ol~tain €tai$ agreement from us.) This agreem ?ent shatl not operate di, ectiy Of irndirec€1y to bene i anyone not narned jr, 'he Schedule. Schedule Blanket Waiver 1� �'x4i't (i�l' T3rri;r3Y3CPr3: 61anket Waiver - Any pw5ion Dr fr;3ani%;i1inji ftir SsiFC +3"i ti -te t4amed TrFsur °f' has s?dr ittet -, contrast rN furnish this S.l+aive'" 3ca a r3escrtlate¢sa� walvar Premium AH RFC A .Perations 14 #.00 This emJo.sl�rneni cnannas fF plicy to which it is amtohad and i9 Oective on the da #e issued un #ass 4,hanvise stated. (Ti G information below is required only whim this ondorsemom it is;suad sub�sZquot t to praparaYicn Of the policy,) Endorssrnsnt Insured lnsuranc,e Co{P p,-r,.y. WC 00 03 13 (Ed. x-84) Q 1933 NaVomf Coons- on Cu mp�oioo 1ncurunae. E`isciivr� Pc2tCtf No, PRWC836165 ................