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HomeMy WebLinkAbout2019-360-E Planning - Friends of Lake Orange waiver indemnification agreement DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 [Departmental Use Only] TITLE LakeOrange_Lotus FY 18-19 NORTH CAROLINA Lake Orange Waiver & Indemnification Agreement ORANGE COUNTY This Waiver and Indemnification Agreement (hereinafter "Agreement"), made and entered into this 28th day of June, 2019, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Friends of Lake Orange, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Use of Premises a. County owns a tract of land in the Cedar Grove Township approximately 156+/- acres in size, identified as PIN 9857642370, and commonly known as Lake Orange (hereinafter, the "Property"). b. Provider intends to use Property to apply controlled chemical treatments in conformance with EPA and NPDES standards to a two (2) acre treatment area located at the north side of the Property so as to help control the spread of American Lotus. The proposed treatment footprint is shown in Attachment A and the detailed scope of work is shown in Attachment B. Provider will contract with Solitude Lake Management for the execution of this work, using private funds. See Attachment B for copy of executed contract between Provider and Solitude Lake Management. c. In consideration of the impact on and the use of the premises of the Property, Provider does hereby release, waive, discharge, and covenant not to sue County, it's officials, employees and agents for liability from any and all claims including negligence resulting in personal injury, accidents, or illnesses (including death) and property loss arising from use of premises. 2. Duration of Use a. Term. The term of this Agreement shall be from June 28, 2019 to June 28, 2022. All waivers and indemnifications shall survive termination of the Agreement. 3. Insurance a. General Requirements. Provider shall obtain, at its sole expense or through executed contract with Solitude Lake Management, an Environmental Liability Policy covering up to $5,000,000 for each incident and $5,000,000 in the aggregate, in which the County is covered as Additional Insured. Initial Waiver 8/18 1 DocuSign Envelope ID:7CF60B58-F95B-4FFA-9E03-OFA429EC47E7 4. Indemnity a. Indemnity. The Provider agrees, without limitation, 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 use of Property and arising from property damage or bodily injury including death 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 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. 5. Amendments to the Agreement a. Changes in Use. Changes in the use 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 by the Amendment only after receiving a fully executed Amendment from the County. 6. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon written notice to the Provider. b. Waiver. 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 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. c. Suspension. County may suspend the use and this Agreement at any time for County's convenience and without penalty to County upon notice to Provider. Upon any suspension by County, Provider shall discontinue the use and shall not resume until notified by County. 7. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy Initial Waiver 8/18 2 DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 (each policy is incorporated herein by reference and may be viewed at http://www.oran ec�ountync. og v/departments/purchasing_division/contracts.php.) Any violation of this requirement 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 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. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. 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 a 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. Signatures. 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 the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. h. 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 &Address Attention: Christopher J. Sandt, P.E. Friends of Lake Orange P.O. Box 8181 4601 Eno Cemetery Road Hillsborough,NC 27278 Cedar Grove,NC 27231 EIN 26-3154340 [SIGNATURE PAGE TO FOLLOW] Initial Waiver 8/18 3 DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 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: oocuS- W ny''�''y}��'7� By: .swo� uoxwil.Y'SCt•+� By: I6 •abb Bonnie Hammersley, County Manager Kenneth D. Terlep, Treasurer Friends of Lake Orange, EIN 26-3154340 Printed Name and Title Initial Waiver 8/18 4 � 1 B4ythe Ct • f' a Legend D� American Lotus Ida n'eG T s ., Deer-Russ T Haro1d`s Northfiefd Dr vy Rd I. 4 Arrowhead Lake_ ro Lake Orange ` ► , 0 . Wail _-Kenwoolt •1 Google Earth N ©2018 Google I 2000 ft l DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 Attachment B SQLITUDEjam" LAKE MANAGEMENT bib INITIAL LAKE TREATMENT CONTRACT PROPERTY NAME: Friends of Lake Orange CONTRACT DATE: April 30, 2019 SUBMITTED TO: Mike Bruhns SUBMITTED BY: Trent Nelson SPECIFICATIONS: Four (4) Treatments in a Two (2) Acre Treatment area closest to 600 Hamecon Place Lake Aquatic Weed Control; 1. Any growth of American lotus found in the lake shall be treated and controlled through the application of contact and systemic aquatic herbicides and surfactants as required for control of the specific varieties of aquatic weeds found in the lake at the time of application. 2. Systemic herbicide will be applied at the rate appropriate to achieve long-term control of the unwanted submersed and floating aquatic weeds present in the lake and susceptible to the herbicide at the time of application. 3. Treatment of a lake with high turnover, as a result of regular water inflow and outflow, will be performed in a series of multiple applications in which the systemic herbicides are applied over the period of time required to maintain an acceptable concentration of the systemic herbicides in the lake necessary for the effective control of the specific target species- The total treatment period varies by plant species but is typically for a period of thirty (30) to sixty (60) days. 4. Water tests will be performed on water samples taken from the lake during the treatment period as required to determine the ppb concentration of the systemic herbicides in the water and the ideal timing for subsequent applications. 5. Lakes which require the use of contact aquatic herbicides and have more than fifty percent (50%) coverage of undesirable aquatic weeds /vegetation will receive a minimum of two (2) applications of the contact herbicide. The first application will be made to treat'/z of the lake and a second follow up application will be made approximately ten (10) days later to treat the remaining '/z of the lake. *Contractor will take all reasonable precautions and make every effort to avoid any damage to non-target plants within the treatment area. However, contractor makes no guarantee that such damage will not occur despite our best efforts to the contrary. By signing this contract, customer accepts this disclaimer, and acknowledges and accepts the minimal risk that such damage might occur. Permitting: 1. SOLitude staff will be responsible for the following: ❑. Obtaining any Federal, state, or local permits required to perform any work specified in this contract where applicable. Competitively Sensitive&Proprietary Materials—The information contained herein as the intellectual property of S0Litude Lake Management. Recipient may not disclose to any outside party any proprietary information. processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management This document is provided to the recipient in good faith and it shall be the resDonsibility of the recipient to keen the information contained herein confidential. DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 Initial Lake Treatment Friends of Lake Orange-TN Page 2 of 4 b. Attending any public hearings or meetings with regulators as required in support of the permitting process. c. Filing of any notices or year-end reports with the appropriate agency as required by any related permit. d. Notifying the client of any restrictions or special conditions put on the site with respect to any permit received, where applicable. Client Responsi bill ties: 1. Client will be responsible for the following: a. Providing information required for the permit application process upon request. b. Providing Certified Abutters List for abutter notification where required. c. Perform any public filings or recordings with any agency or commission associated with the permitting process, if required. d. Compliance with any Order of Conditions or other special requirements or conditions required by the local municipality. e. Compliance and enforcement of temporary water-use restrictions where applicable. General: 1. Contractor is a licensed pesticide applicator in the state in which service is to be provided. 2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of Way, an Tu rf/Orna me n to] as required in the state in which service is to be provided. 3. Contractor is a S e P R 0 Preferred Applicator and dedicated Steward of Water. Each individual applicator has been trained and educated in the water quality testing and analysis required for site specific water quality management prescriptions, and utilizes an integrated approach that encompasses all aspects of ecologically balanced management. Each applicator has received extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides, adjuvants, and water quality enhancement products necessary to properly treat our clients' lakes and ponds as part of an overall integrated pest management program. 4. Contractor guarantees that all products used for treatment are EPA registered and labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a manner consistent with their labeling. S. All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds, or other aquatic pests as specified in this contract will meet or exceed all of the contractor's legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA. Contractor will perform treatments that are consistent with NPDES compliance standards as applicable in and determined by the specific state in which treatments are made. All staff will be fully trained to perform all applications in compliance with all federal, state, and local law. Competitively Sensitive&proprietary Materials—The information contained herein is the iMeRectuaI property of SOLO de Lake Management. Recipient may not disclose to any outside party any proprietary information. processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLituda Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 Initial Lake Treatment Friends of Lake Orange-TN ..:... Page 3 of 4 • "► 5. Contractor will furnish the personnel, equipment, materials, ❑nd other items required to provide the forgoing at his expense. Equipment will include trucks, boats, amphibious vehicles, ail-terrain vehicles, utility vehicles, high volume tank sprayers, low volume tank sprayers, back- pack sprayers and other small equipment as required to properly access and perform treatments in the designated areas. 7. Contractor will maintain general liability and workman's compensation insurance. 8. Customer understands and acknowledges that there are irrigation restrictions associated with many of the products used to treat their lakes and ponds. The customer is responsible for notifying the contractor in advance of the contract signing and the start of the contract treatment if they utilize any of the water in their lakes or ponds for irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the customer for irrigation without the consent or knowledge of the contractor. 9. Although there is rarely direct fish toxicity with the products used for treatment when applied at the labeled rate, ❑ny time there is an extreme infestation of algae and aquatic weeds, there is a risk of dissolved oxygen drops as a result of large masses of algae and aquatic weeds dying and decomposing simultaneously. This risk is most severe in times of extremely hot weather and warm water temperatures, as these are the conditions during which dissolved oxygen levels are naturally at their lowest levels. Often times lakes and ponds will experience natural fish kills under these conditions even if no treatment is performed. Every effort, to include the method and timing of application, the choice of products, and the skill and training of the applicators is made to avoid such problems. This risk is especially mitigated by the use of systemic herbicides wherever possible, which results in a very slow steady control of the target weed species. However, the customer understands and accepts that there is always a slight risk of the occurrence of adverse conditions outside the control of the contractor that will result in the death of some fish and other aquatic life. The customer also understands and accepts that similar risks would remain if the algae or submersed invasive vegetation present in the lake goes uncontrolled, as it will over time interfere with the health and well being of the existing fish population. The customer agrees to hold the contractor harmless for any issues with fish or other aquatic life which occur as described above, or are otherwise outside the direct control of the contractor, unless there is willful negligence on the part of the contractor. 10. Contractor is not responsible for treatment failures that result from dam or other structural failures, severe storms, flooding, or other acts of God that are outside of the control of the contractor. 11. Contractor shad be reimbursed by the client for any non-routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result of requirements placed on the contractor by the client that are not covered specifically by the written specifications of this contract. 12. The customer agrees to pay penalties and interest in the amount of 2% per month for all past due Invoices and related account balances In excess of 30 days past Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any or its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility or the recipient to keep the information contained herein confidential. DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 Initial Lake Treatment Friends of Lake Orange-TN Page a of 4 due from the due date as specified by the contract and as stated on the relevant invoice presented to the customer. 13. The customer covenants and agrees to pay reasonable attorney's fees and all other related casts and expenses of SDLitude Lake Managements for collection of past due invoices and account balances and for any other actions required to remedy a material breach of this contract. CONTRACT PRICE:$2,430.00 PAYMENT TERMS: 1. A deposit of 50% of the contract price will be due upon approval of the contract. 2. The remaining 50% balance will be payable upon completion of the contract work. APPROVED: 3'1 L,-Ct- S"-JhlG SoLitude Lake Monagement'a' Friends of Lake Orange [Authorized Signature] (Print Name and Title) {Date Rib aids of Water competitively sensitive&Proprietary Materials-The information contained herein is the intellectual property of SOUtude Lake Management Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein wrifidential DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 A�0 0O CERTIFICATE OF LIABILITY INSURANCE 06/05/2019"' 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 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 1-404-439-8000 CONTACT NAME: Certificates Atlanta Integro USA Inc. PHONE FAX dba Integro Insurance Brokers AIC No Ext: 404-439-8000 (A/C, A/C No: 404-439-8001 E-MAIL rou CertificatesAtlanta@inte ro 200 Glenridge Point Parkway ADDRESS: g g P•com Suite 400 INSURER(S)AFFORDING COVERAGE NAIC# Atlanta, GA 30342 INSURER A: ACE AMER INS CO 22667 INSURED INSURER B: OLD REPUBLIC INS CO 24147 SOLITUDE LAKE MANAGEMENT, LLC ACE PROP & CAS INS CO 20699 RENTOKIL NORTH AMERICA, INC. (REN469) INSURERC: 1320 BROOKWOOD DR. STE H INSURER D: ALLIANZ UNDERWRITERS INS CO 36420 INSURER E: LITTLE ROCK, AR 72202-1412 INSURERF: COVERAGES CERTIFICATE NUMBER: 56353395 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICYNUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY OGLG27240331 10/01/18 10/01/19 EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE OCCUR PREM SES Ea oNcurrDence $ 5,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY� JECT PRO X❑ LOC PRODUCTS-COMP/OPAGG $ 5,000,000 OTHER: $ B AUTOMOBILE LIABILITY MWTB314124 10/01/18 10/01/19 COMBINED SINGLE LIMIT $ Ea accident 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ C X UMBRELLA LIAB X OCCUR XOOG27239420 10/01/18 10/01/19 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ 10,000 $ B WORKERS COMPENSATION MWC314123 10/01/18 10/01/19 X STATUTE EERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 2,000,000 OFFICER/M EMBER EXCLUDED? IN I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Contractors Pollution U51,00010318 04/01/18 10/01/19 Each Incident/Agg 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County, to the extent required per attached endorsements is an additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 g USA L1�CLL �2� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Tina.Woodard@integrogroup.com ATL 56353395 DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 C H U B e Chubb European Group SE 020 7173 7000 tel UK Head Office: 020 7173 7800 fax The Chubb Building, 100 Leadenhall Street, www.chubb.com London,EC3A 3BP. CERTIFICATE OF INSURANCE-PUBLIC AND PRODUCTS LIABILITY This is to certify that a policy of insurance as described below has been issued to the Policyholder and the coverage thereby is as follows:- THE INSURED Rentokil Initial Plc and Subsidiary Companies CERTIFICATE HOLDER Rentokil North America Inc POLICY NUMBER UKCAIC75338 TYPE OF INSURANCE Public&Products Liability THE COMPANY Chubb European Group Ltd PERIOD OF INDEMNITY I"October 2018 to 30th September 2019 both days inclusive LST LIMIT OF LIABILITY Professional Indemnity Liability USD1,000,000 any one occurrence and in the annual aggregate Nothing herein contained shall in any way be held or construed to vary alter or waive any of the terms conditions or provisions of the Policy. Signed for and on behalf of the Company (Chubc, Guru, null Group SE Chubb European Group SE 3 1"August 2018 THE POLICY DOCUMENT IS ONLY SUMMARISED BY THIS CERTIFICATE FOR FULL INFORMATION REFER TO THE POLICY 31 August,2018 Page I M Cert Std Chubb European Group Limited registered number 1112892 registered in England&Wales with registered office at 100 Leadenhall Street,London EC3A 3BP.Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.Full details can be found online at hitps.-f/register fca org uk/. Chubb European Group Limited is a subsidiary of a US parent and Chubb Limited(a NYSE listed company)and part of the Chubb Group of companies-Consequently,Chubb European Group Limited is subject to certain US laws and regulations in addition to EU,UN and national sanctions restrictions which may prohibit it from providing cover or paying claims to certain individuals or entities,and from insuring certain types of activities in or connected with certain countries and territories such as,but not limited to,Iran,Syria,North Korea,North Sudan, Cuba and Crimea. DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 POLICY NUMBER: OGLG27240331 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Orange County All Locations A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s)shown in the Schedule, but only with exclusions apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization other insured only applies to the extent permitted by than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 THIS FORM APPLIES IN STATES WHICH USE: CA 00 01 (10-13), CA 00 20 (10-13) IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): Orange County With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured is changed with the addition of the following: Each person or organization shown in the Schedule for whom you are doing work is an "insured". But only for "bodily injury" or "property damage" that results from the ownership, maintenance or use of a covered "auto" by: 1. You; 2. an "employee" of yours; or 3. anyone who drives a covered "auto" with your permission or with the permission of one of your "employees". However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement. PCA 001 10 13 MWTB 314124 Rentokil North America,Inc. 1010112018-1010112019 DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 Allianz Underwriters Insurance Company Named Insured: Vector Diease Acquisition, LLC Policy Number: U5L00010318 Effective Date: May 24, 2019 GENERAL CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: POLLUTION LEGAL LIABILITY Policy changes are indicated by an ® and amended to read as shown below. ❑ 1. Named Insured ❑ 14. Mailing Address of Named Insured ❑ 2. Policy Period ❑ 15. Policy Conditions ❑ 3. Form of Business ❑ 16. Business Description ❑ 4. Location(s)of all Premises you own, rent or occupy ❑ 17. Description or location of property ❑ 5. Location(s) added ❑ 18. Location(s)deleted ❑ 6. Total Advance Premium ❑ 19. Coverages ❑ 7. Limit(s) of Insurance ❑ 20. Deductibles ❑ 8. Covered Auto Symbol(s) ❑ 21. Rating Information ❑ 9. Additional Insured(s) added ❑ 22. Premium Basis ❑ 10. Premium Computation ❑ 23. Other ❑ 11. Audit Period ❑ 24. Forms/Endorsement deleted ® 12. Forms/Endorsement added ❑ 25. Item(s) listed below deleted from Schedule ❑ 13. Item(s) listed below added to Schedule 12. The following endorsement has been added to the policy: Endorsement 21 — Definition of Insured Amendatory Endorsement, Form#: MANUSCRIPT ❑ Additional Premium payable at Endorsement Effective Date ❑ Return Premium payable at Endorsement Effective Date ❑ Installments amended per attached Premium Installment Endorsement ® No change in premium Date of Issue: 05/29/19 AUI-IL 3001 (06-08) Page 1 of 1 DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 Allianz Ali Allianz Underwriters Insurance Company Policy Number: U5L00010318 Endorsement Number Effective Date: May 24, 2019 21 DEFINITION OF INSURED AMENDATORY ENDORSEMENT This Endorsement modifies insurance provided under the following: ENVIRONMENT PROTECT PROJECTS — CLAIMS MADE FORM This policy is amended as follows: Section 4— Definitions, K. Insured is amended to include the following: Insured also means the Scheduled Entity(ies) listed below; however, such entity(ies) are covered under this Policy solely with respect to loss arising from a covered operation and are not covered for any loss arising from the scheduled entities own liability: Scheduled Entity(ies): Orange County All other terms, conditions and exclusions will remain the same. MANUSCRIPT Page 1 of 1