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HomeMy WebLinkAbout2020-025-E AMS - Summit Design Central Rec structural beam crackRevised 11/19 1 [Departmental Use Only] TITLE Central Rec Shoring FY 2019-20 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of January, 2020, (“Effective Date”) by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Summit Design and Engineering Services, PLLC (the "Provider"), party of the second part; W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Perform site investigations to determine source of structural beam crack within activity room 2 inside Central Recreation. Provide recommendations for repair. The term of this agreement rendered shall be from January 15, 2020 to March 31, 2020. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand Six Hundred Dollars, ($1,600.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non–waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County DocuSign Envelope ID: 4C36AEC2-771A-451B-9B30-173701708CBE Revised 11/19 2 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’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). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 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. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-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.orangecountync.gov/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 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. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement DocuSign Envelope ID: 4C36AEC2-771A-451B-9B30-173701708CBE Revised 11/19 3 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 10. 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Summit Design and Engineering Services, PLLC P.O. Box 8181 320 Executive Court Hillsborough, NC 27278 Hillsborough, NC 27278 DocuSign Envelope ID: 4C36AEC2-771A-451B-9B30-173701708CBE       DocuSign Envelope ID:4C36AEC2-771 A-451 B-9B30-173701708CBE Angel Barnes From: Chris Berg, PE <chris.berg@summitde.net> Sent: Thursday, January 09, 2020 2:26 PM To: Angel Barnes Subject: [EXTERNAL MAIL!] RE: Rec Center Beam Attachments: 2019 RATES 7.19.pdf Hi angel— Attached is our current rate sheet. I would estimate a maximum fee of$1600 for this. Thanks! Chris Chris Berg, PE Structural Engineering Manager Tel: 919-322-0115 Fax:919-732-6676 Cell:919-623-7300 SU M H I T DESIGN AND ENGINEERING SERVICES ®IL© From:Angel Barnes<abarnes@orangecountync.gov> Sent: Monday,January 06, 2020 11:18 AM To: Chris Berg, PE<chris.berg@summitde.net> Subject: RE: Rec Center Beam Hi Chris, Can you send me the updated hourly rate sheet for 2020 and a NTE number that you think would be good then I will issue the contract for the hourly basis. Thank You, Angef Angel Barnes I Capital Projects Manager I Orange County Asset Management Services 1 131 West Margaret Lane I Hillsborough, NC 27278 1 (919)245.2628 (direct) 1 (919) 610.8182(mobile) I www.orangecountync.gov 1 DocuSign Envelope ID:4C36AEC2-771 A-451 B-9B30-173701708CBE ORANGE COUNTY NORTH CAROLINA The information contained in this e-mail message and any attachments is confidential,and is intended only for the use of the party to whom it is addressed.If you are not the above-named intended recipient,or authorized to receive for the addressee,you are hereby notified that any dissemination,copying or disclosure of this communication is strictly prohibited.If you have received this communication in error,please notify Orange County Asset Management Services immediately by replying tothis message or by telephoning 919.246.2628 and destroy this message and its attachments, without making any copy or distribution. From: Chris Berg, PE [mailto:chris.berg@summitde.net] Sent: Monday, January 06, 2020 10:54 AM To: Angel Barnes Subject: [EXTERNAL MAIL!] Rec Center Beam Hey Angel—I'm moving ahead with trying to get something figured out on this, as well as a long term repair. We do need to get some type of contract in place. It would be nice to have a simple hourly on call agreement with these kinds of quick emergency projects. Do you want to generate a contract for our time on this issue? Thanks! Chris Chris Berg, PE Structural Engineering Manager Tel: 919-322-0115 Fax:919-732-6676 Cell:919-623-7300 ESUMMIT UES1GK AND ENGINEERING SERVICES ®=© 2 DocuSign Envelope ID:4C36AEC2-771A-451B-9B30-173701708CBE USUt*Jt4JJT 919.732.3883 Summitde.net DESIGN AND ENGINEERING SERVICES 504 Meadow land Drive,Hillsborough,NC 27278 Schedule of Standard Rates Architectural Services Unit Rate Senior Consultant $ 210.00 Per Hour Senior Project Manager $ 175.00 Per Hour Senior Architect $ 190.00 Per Hour Senior Project Architect $ 160.00 Per Hour Project Architect II $ 130.00 Per Hour Project Architect 1 $ 120.00 Per Hour Contract Administrator 11 $ 120.00 Per Hour Contract Administrator 1 $ 110.00 Per Hour Designer III $ 100.00 Per Hour Designer 11 $ 90.00 Per Hour Designer 1 $ 80.00 Per Hour Engineering/Planning Services Unit Rate Senior Consultant $ 205.00 Per Hour Department Head $ 180.00 Per Hour Senior Project Manager $ 175.00 Per Hour Senior Professional $ 165.00 Per Hour Project Engineer III $ 145.00 Per Hour Project Engineer 11 $ 135.00 Per Hour Project Engineer 1 $ 110.00 Per Hour Senior Landscape Architect $ 145.00 Per Hour Senior Project Geologist $ 120.00 Per Hour Project Coordinator $ 120.00 Per Hour Staff Professional IV $ 140.00 Per Hour Staff Professional III $ 110.00 Per Hour Staff Professional 11 $ 85.00 Per Hour Staff Professional 1 $ 75.00 Per Hour Designer III $ 100.00 Per Hour Designer 11 $ 90.00 Per Hour Designer 1 $ 80.00 Per Hour Field Technician IV $ 80.00 Per Hour Field Technician III $ 70.00 Per Hour Field Technician 11 $ 60.00 Per Hour Field Technician 1 $ 50.00 Per Hour Certified Weld Inspector $ 85.00 Per Hour Principal Planner $ 150.00 Per Hour Planner III $ 105.00 Per Hour Planner II $ 90.00 Per Hour Planning Technician II $ 85.00 Per Hour Survey Services Unit Rate Department Head $ 180.00 Per Hour Staff Professional IV $ 140.00 Per Hour Staff Professional III $ 110.00 Per Hour Designer III $ 100.00 Per Hour Designer II $ 90.00 Per Hour 1 Man Survey Crew $ 115.00 Per Hour 2 Man Survey Crew $ 145.00 Per Hour 3 Man Survey Crew $ 165.00 Per Hour 1 Man Laser Scanning Crew $ 140.00 Per Hour 2 Man Laser Scanning Crew $ 200.00 Per Hour Miscellaneous Unit Rate Direct Expenses Cost+15% Admin/Clerical $ 55.00 Per Hour Drilling&Laboratory Rates-Available Upon Request 1. All rates are billed on a portal to portal basis. 2. Scheduling of field services requires no less than 24 hours notice. 3. Prices are in effect for 30 days from the date of the proposal. REV.7 2019 DocuSign Envelope ID:4C36AEC2-771 A-451 B-9B30-173701708CBE � N DATE(MMIDDIYYYY) ,aco�o® CERTIFICATE OF LIABILITY INSURANCEF��. 01106/2020 THIS CERTIFICATE IS ISSUED AS A NIATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTEFICATE 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 CONTACT NAME: Calla Moore Colonial Insurance Agency Hillsborough nr'C' (919)732 2191 aIc No; (919}732 2192 103 Millstone Dr.Suite A EMAIL ADDRESS, colonial-a enc ADDRESS: .com C� � Y Po Box 490 INSURER 8 AFFORDING COVERAGE NAIL# Hillsborough NC 27278 INSURERA: Starr Surplus Lines Ins.Co. 13604 INSURED INSURER B Summit Design And Engineering Services, PLLC INSURER C 320 Executive Court INSURER D INSURER E: Hillsborough NC 27278 INSURER F: COVERAGES CERTIFICATE NUMBER: 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. NSR ADOLSUBR POLICY E LTR TYPE OF INSURANCE INSD WVQ POLICY NUMBER MWDDIYYYY) fMM1DD`YYYYl LIMITS CQMMERCIAL GENE PAL LIABILITY EACHOCCURRENCE $ CLAIMS-MADE OCCUR PREMISES a cecurrence $ MED EXP(Arty orre person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY JECT LOC -PRO DUCTS-COMP+OPAGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMrr $ Ea accident ANYAUTO BODILYINJURY(Per person) $ OWNED SCHEDULED BO DI LY IN JU RY(Per acc ident) $ AUTOS ONLY AUTOS HIRED NON-OWNED ROPERTY D AGE $ AUTOS ONLY AUTOS ONLY PeracU $ c!deni UMBRELLA LIAR OCCUR EACH OCCURRENCE $ E XCESS LIAB HCLAIMS-MADE AGGREGATE $ I I RETENTION$ $ WO RKE R 9 CO MP EN SA MON AN[)EMPLOYERS'UARIUTY YIN STATUTE I I ERH ANY PROPRIETORPARTNER'EXECIITIVE E.L.EACH ACCIDENT $ 0FFECER:MINBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ Iryes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional, E&O Contractors Occurence 6,000,000 A Pollution Liability N N SLSL-PRO-262380-19 04/02/2019 04I0212020 Aggregate 5,000,000 ❑ESCRiPTION OF OPERATIONS+LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule.may be attached it more space is required) Project: Capital Projects CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Asset Management Services ACCORDANCE:WITH THE POLICY PROVISIONS. 131 W Margaret Lane AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 Fax: Email'alaarnes@orangecountync.gov Q 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACOR❑ DocuSign Envelope ID:4C36AEC2-771 A-451 B-9B30-173701708CBE A ��0 CERTIFICATE OF LIABILITY INSURANCE DATE(M 01/06//2020 Y) 020 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 CONTACT Crystal Perry NAME: Business Insurers of Carolinas aCONN. Ext: (919)968-4611 ac,No): (919)968-8991 501 Eastowne Drive,Suite 250 E-MAIL c er business-insurers.com ADDRESS: p ry@ PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515 INSURERA: Travelers Indeminity 25658 INSURED INSURER B: Travelers Property Cas Cc of America 36161 Summit Design and Engineering Services PLLC INSURER C: Accident Fund Insurance Cc of America 10166 320 Executive Court INSURER D: INSURER E: Hillsborough NC 27278 INSURER F: COVERAGES CERTIFICATE NUMBER: CL19121927785 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 ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE To CLAIMS-MADE � OCCUR PREMISES Ea occurrence)l $ 100,000 MED EXP(Any one person) $ 5,000 A Y 6304KO89149 01/01/2020 01/01/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fx_1 PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 810-2J958216 04/02/2019 04/02/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accident) Experience Mod Factor 2 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 B EXCESS LIAB CLAIMS-MADE CUP41<264429 01/01/2020 01/01/2021 AGGREGATE $ 6,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION X1 STAPERTUTE X ERH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBEREXCLUDED? N NIA WCV6179537 01/01/2020 01/01/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Excess/Umbrella over GL,AU,WC DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Capital Projects Certificate holder is included as additional insured in reference to the General Liability&Auto Liability policies per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County Asset Management Services ACCORDANCE WITH THE POLICY PROVISIONS. Capital Projects AUTHORIZED REPRESENTATIVE 131 West Margaret Lane Hillsborough NC 27278 �] ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:4C36AEC2-771A-451B-9B30-173701708CBE Policy 810-2J958216 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions d❑ not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION li — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier, name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION li — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 02015 The Travelers Indemnify Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance services Office,Inc.wish its permission. DocuSign Envelope ID:4C36AEC2-771A-451B-9B30-173701708CBE COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- The following is added to Paragraph A.1., Who 15 tle any such claim or "suit" and keep Anadvised of all proceedings and ac- An Insured, of SECTION II--COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto"you don't own, hire or borrow "insured" will make any settlementwithout our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) We may, at our discretion, participate in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suet". of SECTION II— COVERED AUTOS LIABIL- ITY COVERAGE: (iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION 11— COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNIFY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rica and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 m 2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 includes copyrighted material of Insurance Sery toe s Office,Inc.with its permission. DocuSign Envelope ID:4C36AEC2-771A-451B-9B30-173701708CBE COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D.. Deducti- c. The airbags were not intentionally inflated. Isle, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is adder; to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident' or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION Ill— PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph AA.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION Ill — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident"or"loss" (1) Owned by an "Insured"; and arises out of operations contemplated by CA T3 53 02 15 Q 2015 The Travelers Indemnity Company,AN rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. DocuSign Envelope ID:4C36AEC2-771A-451B-9B30-173701708CBE COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV— BUSINESS AUTO CONDITIONS: Page 4 of 4 a 2015 The Travelers Indemnity Company All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. DocuSign Envelope ID:4C36AEC2-771A-451B-9B30-173701708CBE Policy 6304KO89149 COMMERCIAL.GENERAL LIABILITY THIS ENDORSMENT CHANGES THE POLCY. PLEASE REAL]fT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY-CONTRACTORS COVERAGE PART 1) WHO IS AN INSURED — (Section ll) is drawings, opinions, reports, surveys, amended to include any person or field orders, change orders, or drawings organization you are required to include as an and specifications;and additional Insured on this policy by a written contract or written agreement In effect during ii) Supervisory or inspection activities this policy period and signed and executed by performed as part of any related you prior to the toss for which coverage is architectural or engineering activities, sought. The person or organization does not qualify as an additional insured with respect to c) This insurance does not apply to "bodily the independent acts or omissions of such injury' or "property damage" caused by person or organization. The person or "your work' included in the 'products- organization is only an additional insured with completed operations hazard" unless you respect to liability caused by "your work' for are required to provide such coverage for that additional insured. the additional Insured by a written contract or written agreement in effect during this 2) The insurance provided to the additional policy period and signed and executed by insured is limited as follows: you prior to the loss for which coverage is sought and then only for the period of time a) In the event that the limits of liability stated required by such contract or agreement and in the policy exceed the limits of liability in no event beyond the expiration date of the required by a written contract or written policy. agreement In effect during this policy period and signed and executed by you 3) Subpart (1)(a) of the Pollution exclusion under prior to the loss for which coverage is Paragraph 2., Exclusions of Bodily Injury and sought, the insurance provided by this Property Damage Liability Coverage(Section I— endorsement shall be limited to the limits Coverages) does not apply to you if the `bodily of liability required by such contract or injury' or`property damage" arises out of"your agreement. This endorsement shall not work' performed on premises which are owned increase the limits stated in Section []I- or rented by the additional insured at the time LIMITS OF INSURANCE. "your work"is performed. b) The insurance provided to the additional 4) Any coverage provided by this endorsement to insured does not apply to"bodily injury"or an additional insured shall be excess over any "advertising injury' arising out of an other valid and collectible insurance available to architect's, engineer's or surveyor's the additional insured whether primary, excess, rendering of or failure to render any contingent or on any other basis unless a written professional services including: contract or written agreement in effect during this policy period and signed and executed by i) The preparing, approving or failing to you prior to the loss for which coverage is prepare or approve maps, shop sought specifically requires that this insurance Copyright,The Travelers Indemnity Company, 2002 CG D2 46 10 02 DocuSign Envelope ID:4C36AEC2-771A-451B-9B30-173701708CBE apply on a primary or non-contributory basis. c] Tender the defense and indemnity of any When this insurance is primary and there is claim or "suit" to any other insurer which other insurance available to the additional insured also insures against a loss we cover under from any source, we will share with that other this endorsement. This includes, but is not insurance by the method described in the policy. limited to, any insurer which has issued a policy of insurance in which the additional 5) As a condition of coverage, each additional insured qualifies as an insured. For insured must: purposes of this requirement, the term 'insures against"refers to any self-insurance and to any insurer which issued a policy of ay Give us prompt written notice of an insurance that may provide coverage for the "occurrence" or offences which may result loss, regardless of whether the additional in a claim and prompt written notice of insured has actually requested that the "suit". insurer provide the additional insured with a defense andfor indemnity under that policy by Immediately forward all legal papers to us, of insurance. cooperate in the Investigation or settlement of the claim or defense against dy Agree to make available any other insurance the "suit,' and otherwise comply with that the additional insured has For a loss we policy conditions. cover under this endorsement. Copyright,The Travelers Indemnity Company, 2002 CG D2 46 10 02