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HomeMy WebLinkAbout2020-243-E AMS - Summit Design Motor Pool parking lot evaluation DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 [Departmental Use Only] TITLE MP Gravel Lot FY 2019-20 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 25th day of March, 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; WITNESSETH: 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 visual inspection,proofrool and verification of stone thinkness at the gravel parking lot located at 600 Hwy 86 North, Orange County Motor Pool facility per proposal G20-00287 dated March 13,2020. The term of this agreement rendered shall be from March 25,2020 to June 30, 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 I. 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 Three Hundred Dollars, ($1,300.00). 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 Revised 11/19 1 DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13B07A47BB46 be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at 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. Indemni : 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 I IA 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.oran etync. 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 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 Revised 11/19 2 DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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 Shvt.amj+ By:4/7/2020 p vir��� [ wi s,P,-e, 3/23/2020 � Cw� Department Director Title: r vice President 200 S. Cameron St. Summit Design and Engineering Services, PLLC P.O. Box 8181 320 Executive Court Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 11/19 3 DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13B07A47BB46 USUt*1L*11T. DESIGN AND ENGINEERING SERVICES Standard Contract for Professional Services Client Name: Orange County Date: March 13, 2020 Asset Management Services Proposal No: G20-00287 Address: Whiffed Building, Rooms 240&250 Project Name: Motor Pool Gravel Parking&Drives Hillsborough,NC 27278 Condition Evaluation Client Contact: Angel Barnes Project Location: Hillsborough, North Carolina Phone: 919 245 2625 Summit Contact: Don Dewey E-mail: abames@orangecountync.gov Phone: (919) 732-3883 E-mail: don.dewey@summitde.net Client AP Information: Name: Phone: Email Description of Work(Referred to herein as the "Services" or "Scope of Services"): • Scope of Services as presented in Memorandum dated February 24, 2020 (attached) Summit will perform the visual inspection, proofroll and verification of stone thickness at the gravel parking lot. Our findings and recommendations will be presented in a formal letter. The letter will provide recommendations concerning additional stone, as well as unstable or failing areas that require repair. Our estimated lump sum fee for the above services is$1,300.00. Additional services, such as monitoring, and verification of subgrade repair will be invoiced on a time and materials basis in accordance with the attached Schedule of Standard Rates Additional work will be charged based on the attached Schedule of Standard Rates ❑ Check this box if the Services to be provided by Summit include geotechnical engineering services, including subsurface exploration,geotechnical testing, or geotechnical evaluation. If so,the terms and conditions entitled"Geotechnical Terms and Conditions"shall apply in addition to those set forth herein. This contract,including all incorporated documents,is referred to herein as the"Agreement'. Fee Schedule ® Fixed Fee-Amount: $1,300.00 Lump Sum ® Hourly Billable Rates DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 Expenses and/or outside services will be billed at 1.15 times our direct cost and are not included in the fee schedule options shown above.As a policy, Summit Design and Engineering Services,PLLC does not bill for mileage(with the exception of CEI& Geotechnical Services),in-house reproductions,or in-house postage. Payment Conditions: Summit reserves the right to stop work for non-payment. Invoices must be paid in full before final documents are submitted. ❑ Retainer amount: ❑ To be billed upon completion with payment ® To be billed monthly with payment due upon receipt. Invoices are past due if not paid within 30 days of invoice date. All past due invoices are subject to a service charge of 1.5%per month. This proposal is valid for 30 days from the date it is signed by Summit. TERMS AND CONDITIONS I) Expenses: Reimbursable expenses shall be paid by Client if applicable and will ARTICLE I: CLIENT'S RESPONSIBILITIES be included in Summit's invoice. Reimbursable expenses are defined as the expenses incurred directly by Summit in connection with the furnishing of Services hereunder A) Client's Representative: The Client shall appoint a representative authorized to and typically include,but are not limited to:items not normally provided in the day to act on the Client's behalf with respect to the Project. The Client or its representative day processing of work,permit fees,courier charges,reproduction fees,special project shall make decisions in a timely manner regarding all aspects of the Project, shall related fees including documents, submittals, special project management services, examine documents submitted by Summit Design and Engineering Services,PLLC special travel, and/or any special charges or specialized equipment, all typically (hereinafter referred to as Summit)and render decisions in a timely manner to avoid supplied by third party outside sources. unreasonable delay in the orderly and sequential progress of Summit's services and the Project schedule accepted by Client. ARTICLE II: SUMMIT'S RESPONSIBILITIES B) Client's Program and Budget Requirements:Client shall provide Summit full information in a timely manner regarding all its requirements for the Project including A) Standard of Care:Summit shall perform the Services called for by this Agreement its objectives, schedule, criteria, constraints and budget including reasonable with the level of care and skill ordinarily exercised by members of the same profession contingencies. practicing under similar conditions at the same time and in the same locality. Summit makes no other warranties,expressed or implied,with respect to this C) Right of Entry: Client shall provide right of entry for Summit, its staff, Agreement,Summit's Services,or the Design Documents. Client acknowledges that subconsultants,and all necessary equipment to complete the Services. Summit will increased costs and changes may be required due to omission, ambiguities and take reasonable precautions to minimize damage to property. Client understands that inconsistencies in the drawings and specifications. Client agrees to set aside a in the normal course of performing the Services some damage may occur,the correction contingency of at least 3%of the Project construction cost to pay for these costs and of which is not part of this Agreement. changes. Client further agrees it will make no claims against Summit for any such costs and changes covered by such contingency fund. D) Required Information:Client will furnish Summit all information,requirements, data, reports, surveys and instructions required to complete the Scope of Services, B) Compliance with Laws and Codes:Consistent with the professional standard of including identifying the type and location of underground improvements and utilities, care,Summit will comply with laws and codes applicable to the Project design as of and all existing conditions.Summit shall have the right to rely upon the completeness the effective date of this Agreement or the issuance of the construction plans and and accuracy of such information.Client acknowledges that certain assumptions will specifications,whichever is later. be made regarding existing conditions that cannot be verified without destruction or damage to existing facilities.To the fullest extent permitted by law,Client agrees to C) Certifications: Summit shall sign,if requested by Client and included in the Scope waive all claims against, and to hold harmless and indemnify, Summit and its of Services,a statement that to the best of its knowledge,information and belief,based subconsultants, for damages to underground improvements and utilities and for any in whole or in part on information provided by others,the accuracy of which has not costs associated with undisclosed existing conditions. been verified,that the Project has been completed in general conformance with the plans and specifications. Summit shall not be required to sign any documents,no matter E) Invoices: Summit will render invoices every thirty days.Payment is due upon by whom requested,in which Summit is required to certify,guarantee or warrant the Client's receipt of each invoice and is past due thirty(30)days from the invoice date. existence of conditions which Summit has not or cannot ascertain. Client agrees to pay a service charge of one and one half percent(P/z%)per month,or the maximum rate allowed by law,on past due accounts. Payments will be credited Summit neither guarantees the performance of any Contractor nor assumes first to interest and then to principal. Payment of invoices shall not be subject to any responsibilities for any Contractor's failure to furnish and perform its work in discounts,set-offs,or backcharges by Client unless agreed to in writing by Summit. accordance with the contract between the Client and any such contractor or the Project Client shall pay all costs,expenses,and distributions,including collection agency fees plans and specifications. Summit is not responsible for variations between actual and expenses,court costs and reasonable attorneys' fees incurred by Summit,in the construction bids or costs and Summit's opinions or estimates regarding construction event collection or legal processes are employed to collect outstanding bills. costs;nor does Summit guarantee,warrant,or represent that proposals,bids,or actual F) Sales Tax: Client will pay any applicable sales tax whenever deemed to be due. construction costs will not vary from opinions of probably construction costs prepared Payment terms are exclusive of sales tax. by Summit. G)Non-Solicitation:During the course of this Agreement and one year thereafter,the D) Construction Phase Services: If construction phase services are required in the Client shall not solicit for employment, nor employ, hire or promote the voluntary Scope of Services,the following terms shall apply if they are likewise required in the termination of any Summit Employee. Scope of Services (the term"Contractor" refers to any person(s)or entity(ies)that performs the actual construction of the Project or provide labor,equipment,or materials H) Additional Services: For additional services of Summit's employees,Client shall for the construction of the Project): pay Summit an amount equal to the cumulative hours charged by each employee for the additional services times his/her standard hourly rate,plus reimbursable expenses. Page 2 of 4 (Revised 8-30-18) DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13B07A47BB46 1)Site Observation:If Project site observation visits are to be provided by Summit, Article III•General LeEal Provisions Summit shall visit the site at intervals appropriate to the stage of the construction,or as otherwise expressly agreed to in the Scope of Services,in order to observe the progress A) Ownership of Documents: Drawings, specifications, and all other documents and quality of the work completed by the contractor. Such observation is not meant to prepared by Summit or its subconsultants, including those in electronic form be an exhaustive check or a detailed inspection of the contractor's work but rather to (collectively"Design Documents")are instruments of service. Summit shall retain all allow Summit to become generally familiar with the progress of the construction work common law,statutory,property,and other reserved rights in the Design Documents, and to determine in general if the work is being performed in a manner indicating that, including copyright and the right of reuse. The Design Documents,including those in when fully completed, the work will be in accordance with the Project plans and electronic form are furnished for use solely with respect to this Agreement. Client shall specifications. Summit shall not be required to make continuous or exhaustive have a limited license to use the Design Documents on the specific Project identified inspections to check the quantity and quality of the construction work nor shall Summit herein, subject to receipt by Summit of full payment for all its Services provided be responsible for the Contractor's failure to perform the construction work in hereunder. Client is permitted to retain copies of the Design Documents,including accordance with the Project plans and specifications. those in electronic form,for information and reference in connection with the Project. Client shall not use the Design Documents,including those in electronic form fumished 2)Work Site Safety: Client agrees that Summit shall not supervise or direct,or have by Summit or its subconsultants on other projects,for additions to this Project,or for any responsibility for, control over or charge of, the Contractors' work or the the completion of this Project by others,without the express written consent of Summit. construction means,methods,techniques,sequences or procedures,or for the work site Any reuse without written consent shall be at Client's risk and full legal responsibility. safety precautions or programs in connection with the construction work.These rights and responsibilities are solely those of the party or parties performing the actual B) Client agrees to hold harmless and indemnify Summit and its subconsultants, construction of the Project. Neither the professional activities of Summit, nor the agents,and employees from any and all claims,suits,demands,damages,liabilities, presence of Summit personnel and subconsultants at the construction site,shall relieve and costs,including reasonable attorney fees,arising from such reuse. the Contractors and any other entity of their obligations, duties and responsibilities including,but not limited to,construction means,methods, sequence,techniques or C) Retention of Documents: Summit will retain, pursuant to its usual document procedures necessary for performing,superintending or coordinating all portions of the retention policy,records relating to the Work for a period of three(3)years following construction work safely and in accordance with any health or safety requirements of completion of the Work. During this period,records will be made available to the any regulatory agency. The Client agrees that the Client, Summit and Summit's Client at Summit's offices during normal business hours upon seven(7)day's notice. subconsultants(and their officers,directors,employees,and agents)shall be included as indemnitees in any indemnification provisions in the Client/Contractor contract for D) Asbestos and Hazardous Materials:Unless otherwise specifically provided in the the Project and that Summit and Summit's subconsultants(and their officers,directors, Scope of Services,Summit and its subconsultants shall have no responsibility for the employees, and agents) shall be made additional insureds under the Contractors' discovery,presence,handling,removal,or disposal of asbestos or hazardous or toxic general,umbrella and excess liability insurance policies. materials. 3)Submittals and Shop Drawings:If the Scope of Services includes the review of E) Termination and Suspension:This Agreement maybe terminated by either party Contractor submittals and shop drawings,then Summit will review such submittals and upon seven(7)days written notice in the event of substantial failure by the other party shop drawings for the limited purpose of checking for conformance with the design to perform in accordance with the terms hereof. Such termination shall not be effective concept expressed and the information provided in the Project construction contract, if the substantial failure is remedied before expiration of the seven(7)days. Client's plans, and specifications. This review shall not include review of the accuracy or failure to pay invoices within thirty(30)days shall be deemed a substantial failure to completeness of details,such as quantities,dimensions,weights or gauges,fabrication perform. In such event,Summit may terminate this Agreement or immediately suspend processes,construction means or methods,coordination of the work with other trades the performance of services until such failure has been cured. Summit may also or construction safety precautions,all of which are the responsibility of the Contractors. terminate this agreement upon seven(7) days written notice if Client demands that The review shall be conducted with reasonable promptness while allowing sufficient Summit furnish or perform services contrary to Summit's responsibilities as a licensed time in Summit's judgment to permit adequate review. Review of a specific item shall professional or if Summit's Services are delayed for more than 90 days.The Client may not indicate that Summit has reviewed the entire assembly of which the item is a terminate this Agreement for its convenience upon fourteen(14)days written notice. component. Summit shall not be responsible for any deviations from the Project In the event of a termination for convenience,Client shall pay Summit for all Services construction contract,plans,or specifications not brought to its attention in writing by performed and reimbursable expenses incurred up to and including the termination the Contractor. Summit shall not be required to review partial submissions or those for effective date plus reasonable expenses incurred by Summit as a result of the which submissions of correlated items have not been received. termination. Said payment shall be made within ten(10)calendar days of Client's receipt of a final invoice. Summit shall be allowed a reasonable amount of time to 4) Requests for Clarification or Interpretation: Summit shall provide, with demobilize personnel and equipment from the Project regardless of the effective date reasonable promptness,written responses to requests from Contractors for clarification of termination. and interpretation of the requirements of the Project plans, specifications,and other documents prepared by Summit or its subconsultants for the Project. If such requests In the event the project,or any phase of it is delayed for reasons beyond Summit's for information,clarification or interpretation are,in Summit's professional opinion, control, unbilled work will be invoiced at the standard hourly rates for the actual for information readily apparent from reasonable observation of field conditions or a number of hours expended. Completed phases will be billed at fees quoted herein. review of the Project plans,specifications,and other documents prepared by Summit or its subconsultants,or reasonably inferable therefrom, Summit shall be entitled to F) Disputes: In an effort to resolve any conflicts that arise during the design or additional compensation at its regular billing rates for its time spent responding to such construction of the Project or after completion of the Project,all claims,disputes,or requests. other matters in question between the parties to this Agreement that arise out of or relate to this Agreement or the breach thereof shall be submitted to nonbinding mediation 5)Record Documents:If required by the Scope of Services,upon completion of the before a neutral third-party mediator acceptable to both parties. Such mediation shall construction of the Project, Summit shall compile for and deliver to the Client a be a condition precedent to the commencement of any legal action arising out of this reproducible set of Record Documents conforming to the marked-up prints,drawings Agreement except those legal proceedings related to Client's failure to pay. In addition, and other data furnished to Summit by the Contractor. This set of Record Documents if a claim relates to a materialman's lien,the party asserting such claim may proceed in will show significant changes made during construction. Because these Record accordance with applicable law to comply with the lien notice or filing deadlines, Documents are based on unverified information provided by other parties that Summit notwithstanding anything to the contrary herein. will assume to be reliable,Summit cannot and does not warrant their accuracy. The cost of the mediator shall be borne equally by the parties.A demand for mediation E) Insurance: Summit shall maintain worker's compensation insurance required by shall be made within a reasonable time after the claim, dispute or other matter has law. Summit represents and warrants that it maintains general liability and property arisen. In no event shall such demand be made after the date that applicable statutes of damage insurance. Certificates for such policies shall be provided to Client upon limitation or repose would bar a legal or equitable action based on such claim,dispute written request. Client shall maintain at its own cost and expense, its own general or other matter. liability and property damage insurance. Client and Summit waive all rights against each other and Summit's subconsultants,agents and employees for losses or damages In the event of litigation relating to the sufficiency or adequacy of performance of caused by any peril to the extent covered by the property insurance maintained by services called for by this Agreement,should Summit obtain a judgment dismissing Client,except to the extent such proceeds are held by Client as trustee. This waiver of Client's action or claim or other resolution wherein Summit is not required to make subrogation shall be effective as to a person or entity even though that person or entity compensation to Client in excess of Summit's final offer made to Client,whether said would otherwise have a duty of indemnification,contractual or otherwise,did not pay offer was made in or after the mediation,Summit shall be entitled to recover all costs the insurance premium directly or indirectly,and whether or not the person or entity incurred in the defense of the claim including staff time,court costs,expert witness had an insurable interest in the property damaged. fees,and reasonable attorneys'fees,and other claim related expenses. Page 3 of 4 (Revised 8-30-18) DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 G) Choice of Law/Yenue:This Agreement shall be governed by the laws of the state PROFESSIONAL'S NEGLIGENCE, NEGLIGENT MISREPRESENTATION, in which the Summit office identified below is located,without regard to its law of ERRORS, OMISSIONS, STRICT LIABILITY AND BREACH OF CONTRACT. conflict of laws.Any legal action or proceeding shall be venued in the State or Federal HIGHER LIMITS OF LIABILITY ARE AVAILABLE FOR A NEGOTIATED FEE. Court nearest the municipality in which Summit's office is located. N) Indemnification:To the fullest extent permitted by law,Client agrees to defend, H) Statute of Limitations/Repose: Causes of action pertaining to this Agreement indemnify and hold harmless Summit,its officers,directors, employees,agents,and shall be deemed to have accrued and the applicable statutes of limitation and repose subconsultants from all claims, damages, injuries, liabilities, costs and expenses, shall commence to run at the earlier of either the date of Substantial Completion of the including reasonable attorneys fees, arising from or claimed to arise from the acts, Project or the date Summit's services are substantially complete. omissions,negligence,fault,breach of contract,breach of warranty,or strict liability of Client or its employees,agents,contractors and subcontractors. I) Assigns: Neither the client nor Summit may delegate,assign,or transfer his duties or interest in this Agreement without consent of the other party,except Summit may in O) Consequential Damages: To the fullest extent permitted by law, Client and its discretion utilize qualified subconsultants in the performance of the Scope of Summit waive against each other, and the other's employees, officers, directors, Services. members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special,incidental,indirect,consequential,punitive,treble,or exemplary J)Delays:If the time for completion of Summit's Services,if any,is changed,or the damages arising out of,resulting from,or in any way related to this Agreement or the orderly and continuous progress of Summits Services is impaired,or Summit's Services Project,from any cause or causes. Consequential damages include without limitation are delayed or suspended for any reason,then the time for completion of Summit's loss of profits,loss of revenue,loss of financing,rental expenses,cost of replacement Services,if any,and the rates and amounts of Summit's compensation shall be adjusted power,and loss of use of equipment or facilities. to account for such delay. P) Complete Agreement:This Agreement constitutes the entire agreement between K) No Third-Party Beneficiaries: Nothing in this Agreement shall create a the parties hereto and supersedes all previous understandings and agreements with contractual relationship with or give any right or benefit to any third party. respect to the Project or any of the provisions hereof. No statement,promise,condition, understanding,inducement,or representation,oral or written, expressed or implied, L) Severability,Reformation and Survival:If any provision in this Agreement is Which is not contained herein shall be binding or valid and this Agreement shall not be held invalid,illegal,or unenforceable,the enforceability of the remaining provisions changed,modified or altered in any manner except by an instrument in writing executed shall not be impaired thereby. The invalid,illegal or unenforceable provision shall be by the parties hereto. replaced by a mutually acceptable provision,which,being valid,legal and enforceable, comes closest to the parties'intention underlying the invalid,illegal or unenforceable Q) Client and Summit are hereby bound and the successors,executors,administrators, provision. Limitations of liability,indemnities,and other express representations shall and legal representatives of Client and Summit are hereby bound to the other parry to survive termination of this Agreement for any cause. this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, M) RISK ALLOCATION/LIMITATION OF LIABILITY: CLIENT AND agreements,and obligations of this Agreement. SUMMIT HAVE DISCUSSED THE RISKS,REWARDS,AND THE BENEFIT OF THE PROJECT AND SUMMIT'S TOTAL FEE FOR SERVICES. THE RISKS R)This agreement may be executed in any number of counterparts and the counterparts HAVE BEEN ALLOCATED SUCH THAT THE CLIENT AGREES THAT TO THE together shall constitute the original of this Agreement as if each party hereto had FULLEST EXTENT PERMITTED BY LAW, SUMMIT'S (INCLUDING signed the same page. Counterpart copies of this Agreement may be signed by a party SUMMIT'S OFFICERS,DIRECTORS,MEMBERS,PARTNERS,AGENTS,AND and exchanged electronically or in Adobe Acrobat PDF file format. The Parties intend EMPLOYEES) TOTAL LIABILITY TO CLIENT AND CONSTRUCTION that such copies signed and exchanged as provided in the preceding sentence shall be CONTRACTORS AND SUBCONTRACTORS, AND ANYONE CLAIMING BY, fully binding. THROUGH, OR UNDER THEM, FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, DAMAGES OR CLAIMS EXPENSES ARISING OUT OF OR RELATING TO THIS AGREEMENT,WHETHER ARISING IN CONTRACT, TORT,EQUITY,STRICT LIABILITY,BY STATUTE,OR OTHERWISE,SHALL BE LIMITED TO AND SHALL NOT EXCEED SUMMIT'S TOTAL FEE HEREUNDER OR$250,000, WHICHEVER IS SMALLER. THIS LIMITATION INCLUDES BUT IS NOT LIMITED TO CLAIMS BASED UPON DESIGN By signing this Agreement,you are consenting to the Terms and Conditions set forth herein. Please retain a copy for yourself and return the signed Original to Summit Design and Engineering Services,PLLC. Client: Summit Design and Engineering Services,PLLC Address: Address: 320 Executive Ct City/State: City/Stat Hillsborough,NC 27278 [SIGN [SIGN] By: By: (Print Name) (Print Name) Date: Date: Page 4 of 4 (Revised 8-30-18) E E E N t a-+ a-+ a-+ a-+ a-+ a-+ a-+ a-+ a-+ - a-+ a-+ a-+ S S S S - a-+ � � L > L � C aJ > 7 O O O O O O O O O O O O O O u v v v 0 0 0 0 7 c0 p U p - r0 p N V) V) V) 0 0 0 0 0 0 0 0 `O O O I1 I1 I1 LU LU LU LU O LL L LL = = LU L S Q Q Q Q L L L L L L L L L L L L L N L aJ a) a) a) a) a) a) a) a) a) a) a) � d E E E E a a o a a o a a a a a o a a a a a a a a a a a a a v J J J J d V L �p O O O O o 0 o 0 0 o 0 0 0 0 0 o 0 0 0 o 0 0 0 0 0 o 0 0 0 0 0 o l0 o o O O O O o 0 O O O O O O O O In o 0 0 0 o 0 0 0 o 0 0 0 0 0 0 0 0 m o 0 0000mmu) r-� mu) 4r, m66rn no no n0000000LnLnc; n0000Ln* O O O O vi ci ci c-I r-I r-I vi vi vi N vi -til Lf1 l0 l0 m Ln O V -1 -1 t/4 N I, Ln I, m Ln t/) O 00 O O Ln Ln tr}vi tr}tr}to tr? tr?tr?tr?vi vi vi r-I vi r-I t/4 t/4 r-I N r-I ci -- ::I- -La N -I to to tr? t/� t/4 t/4 t/4 t/4 V)- t/4 t/?V)- \ N Y CL u O v O O (1) V) v o c - oo `o o � c c s 7 C U" 'O m U * 'O mom\^ , = U O � i ?� c � rnmoN a� u 6 +' 0 i N Q o Q N .0 L c O � U Q 2i v aQ 00 ai i p o,\ > N Cf_ O -j a C GA U O >, i Q N m Q N O Z N O r-I O ,L fl_ a1 n3 ao c s ° o o Q- z n V z m t u a, u v u � y a� mo � N o_o = o �mm .. w w w � t a onn v v v u, C7 o 0 0 o = c cr . m O o c aa) aco +� CO O Cl E E E \ CO ns o z W - a) * ; O N 7 O w O `� N In In Q N 7 C t� +� co o S 3 O r-I + c c c E -0 Q p a v a) a' v O LJJ � Q � � a v oo � o °' ccnccn00000 00 00 00 ,n f6 °' °' �' °°1° c E c v > m a, i-- ar LLI Q� V `n 0p Fo o-oo � S v UU o acoacoacoacoannQ-0 ajtjo u0 o O v a cr m 0 p In W aJ aJ O bn O O U U U V Vl Vl Vl T L •c bio Y � 0\n a! _N p - U J S O \ cu :�.+ \ p_ {2 p_O C U N Y Y Y Y M M M N O W Y - a1 r C 0 .0 :Ll • oFu E- = E E E -I = v v cn u u u u Y v o a c -0 >' o000 � Q 0V) V) V, Lozcoco < = � � � W W WcoV)Q- = � V, Upa- > av T 4' G + � C7 L L L L L 0 L L L L y a + — — — — — — — — — — — M M M M -SZ- C 0 O O O 0 0 O O O Un S S S S S S S S 2 Z \ L L L L L L L L L L L L L L al -0 a a a a a a a a 0_ a a a a a a a a a a a a a a o a 000000000 O O O O O O O O O o w O O O o o O u') 00000000 OOOOOOOOo a D000 00 In I- 00 00 Ol N N E u) RT 00 O O O O O Ln In 7 0 0 0 0 N O sl v}to to to r-I r-I -1 r-I to to v O r- m In � rn In In 00 ni m > t/} N v 3 0 m ai a ao u o v o a c 0 c y N O m V 00 � C +�+ t' > 00 cpc W N G Ln N .N U f6 m Z I, tD o E 0 O v (LO fl � 00 � � � to �, 0 O L O M L 0)W rV r-I t~n a) IY N N N o aJ C C N N O 7 m Z w 0 0 0 ns L ins In LA m >, !Z O U U 0 L wa � Q o c w c 00 u cn cn ;° m o o co 2 c 0 W +a)+ N N N N N 00 Ln Ol D_ O Om +L+ N a1 C aJ a`j Q Q Q n m mp vi ~ w L p S o Wo a io bo w c v c *' ^ c v 0 0 obi v7 H 0 0 p Q- O a0 Z •� i bb +O+ T cO .n •� -Q� O O O v U O s !n aJ W W C (6 C (6 L7' C N N _ aJ C 7 Q vi V~1 N Q i1 in c6 O +� +�cc V) O 7 WO W U C C O F W `� V Q 2i N Q Q J c Q OA On U aJ 'O a > ° w to + 'c .� v N o a, Q a a ° �° ° aco o Q c c a LU C W ap W .'^ t c > N 7 N N 4 +, ++ u w O M •i T F 41 4J U onut oC + u u o � o a) � w > > a in .o c O p a, u LU U �_ n n o o U v > c c p �, .° ,u a0, .0 o o a; of °�° o 0 o J a a a, -°a, ° a `° +- .r " N c`a o O Z ,, U v c 0 c v aJ o c 0 0 o C Q C c 0 C7 ? c c > aJ In n c ZO ,� •�0 u v l7 (D O au, F a a a) a, o o ` u F a, a, v `r v � -0 W 00 ai ai Q) 0 0 � H e ts � -6 `•7NO C UC7 0 `• Z E E y � a a t c C W Ln E 0 Q 0 OL 0 C E Q �' c0 c0 +�+ N O V O OU N U v W > > - O 0 v t OC ns +� ,., m U C '0 m m 0_ m m O ai c U) O Q 0 U (7 a C7 cn V) U m w z �i �i Q v7 Q Z D V) Q U an > a s Z LZ O Q m U O d J d DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13B07A47BB46 USUMMIT 320 Executive Court, Hillsborough, NC 27278 DESIGN AND ENGINEERING SERVICES Phone // 919.732.3883 Web // www.summitde.net February 24, 2020 MEMORANDUM TO: Angel Barnes Capital Projects Manager Orange County—Asset Management Services FROM: Don Dewey, PE. Senior Geotechnical Engineer Summit Design and Engineering Services, PLLC SUBJECT: Orange County Motor Pool Facility—Gravel Parking Lot Evaluation As discussed during our meeting on February 10,h, Orange County is requesting an evaluation of the gravel parking lots and driveways at the Motor Pool located at 600 NC Highway 86 North. The goals of the evaluation are primarily to assess maintenance needs, including requirements for additional stone, as well as identification of unstable subgrade areas that may require repair. It is recommended the gravel parking and drive areas be evaluated by a Geotechnical Engineer through a combination of visual inspection, proofrolling and verification of stone thickness using hand augers or excavation tools. The proofrolling should be performed with a tandem-axle dump truck with a minimum weight of 10 tons and a maximum weight of 20 tons. This weight range should not require additional load be added to the truck. Proofrolling will provide a means to gage the condition of the parking lot and the need for additional stone, as well as identify unstable areas that may require repair. If you have any questions regarding the recommended scope of the parking lot evaluation, please contact our office at 919 732-3883. Prepared by, Don Dewey, PE Senior Geotechnical Engineer DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 ® DATE(MMOD"YY} CERTIFICATE OF LIABILITY INSURANCE 0312012019 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(les)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 canter rights to the certificate holder in lieu of such eItdoraement(s). PRODUCER NAME T Crystallreland Business Insurers of Carolinas AICNo Ext: (919)968-4611 pAC,No: (919)968-8991 800 Eastowne Drive,Suite 208 E-MAIL eireland@business-insurers.com ADDRESS: PO Box 2536 INSURERS}AFFORDING COVERAGE NAIC Iv Chapel Hill NC 27515-2536 INSURERA: Travelers Indemnity 25658 INSURED INSURER n: Travelers Property Cas Cc of America 36161 Summit Design and Engineering Services PLLC INSURER c: Accident Fund Genera[Ins Co 12304 504 Meadowlands Drive INSURER D: INSURER E Hilsborough NC 27278 INSURER F COVERAGES CERTIFICATE NUMBER. CLI932025274 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCEAFFOROED 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. LTR TYPE OF INSURANCE IN SO WvD POLICY NUMBER MMIODYIYYYY MMIDWYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CURRENCE $ 1,000.000 EACHOC CLAIMS-MADE 7XI OCCUR PREMISES Ea occurrence 5 1Qa.aao MED EXP(Any one parson) $ 5.000 A Y 6304KOB9149 01/01/2019 01/01/2020 PERSONAL&ADVINJURY s 1.000.000 GEN'L AGGR EGATE LIMITAPPLIES PER: GENERALAGGREGATE s 2.000.000 POLICY PRO ❑ 2,000,oao JECT LOC PRODUCTS $ OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident IX ANYAUTO BODILY INJURY(Per person) S AOWNED SCHEDULED Y 810-2J958216 04102/2019 04/02/2020 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Experience Mad Factor 2 s x UMBRELLA LIAR 7[ OCCUR EACH OCCURRENCE S 6,000,000 B EXCESS LIAR CLAIMS-MADE CUP41<264429 01/01/2019 01/01/2020 AGGREGATE S 6,000,000 OEb I x RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY $TATLITE X ERH Y 1 N 1,000,000 ANY PRORRIETORIPARTNERIEXECUTIVE E.L EACH ACC IDENT s C` OFFICERIMEMBER EXCLUDED? ❑ NIA WCV6179537 01/01/2019 01l01l2020 (Mandatary in NH) E.L.DISEASE-EA EMPLOYEE 5 1,000,060 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Excess Policy over GL.AU,VVC DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached It more space Is required) Project:Link Facility Orange County is included as Additional Insured with regards to General Liability and Auto Liability policy as required by 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 ACCORDANCE WITH THE POLICY PROVISIONS. 200 S Cameron Street AUTHORIZED REPRESENTATIVE ) Hillsborough NC 27278 ./, P CC}1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The AC0RD name and Iogo are registered marks of AGORD DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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 do 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 11. 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 11 — 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 150th 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 eartier. name, with your permission, white 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 11 — 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 t1 y 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 ®2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 includes copyrighted mat eriat of Insurance Services Office,Inc.with its permission. DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised 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 "insured" will make any settlement ing a covered "auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. (iii)We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". 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 II —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—INDEMNITY 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 II — 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, ern- 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 eyed 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 and that is not an "auto" you lease, hire, rent {c) This insurance is not a substitute far re- ar borrow from an of quired or compulsory insurance in any y your "employees"• country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 02015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services orrice,Inc.with its permission. DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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 not invalidate the coverage afforded by coverage. 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 8.3„ 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. ble, 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 added 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- five 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 III—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) pan)):member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION p y), 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 A.4.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 A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III - 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- We will pay up to $400 for "loss" to wearing ap- tent required of you by a written contract signed and executed prior to any "accident" parel and other personal properly 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 ©2015 The Travelers Indemnily Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Serviees Omce,Inc.wilh its permission. DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 COMMERCIAL AUTO such contract. The waiver applies ❑nly 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 ❑r exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV— BUSINESS AUTO CONDITIONS: Page 4 of 4 ]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:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 � N DATE LMMIDDIYYYYI AC"R�� CERTIFICATE OF LIABILITY INSURANCEF��. 01/06/2020 THIS CERTIFICATE 15 ISSUED AS A NIATTER OF INFORNIA71ON 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 CONTANAME' Carla Moore Colonial Insurance Agency Hillsborough AXONNo,E (919)732 2191 AID No: (919)732 2192 103 Millstone Dr.Suite A EMAIL ADDRESS, colonial-a enc ADDRESS: .com C� � Y Po Box 490 INSURERS AFFORDING COVERAGE NAIL# Hillsborough NC 27278 INSURER ; 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. INSR ACOLSUBR POLICY E LTR TYPE OF INSURANCE INSD WVQ POLICY NUMBER (MWDDrYYYY1 iMPkDDffYYYILIMITS COMMERCIAL GENE PALLIABILJTY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES a occurrence $ MED EXP(Any orre person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ JECT PO-ICY1:1 PRO LOC PRODUCTS GOMP+OP AGG $ OTHFR $ AUTOMOBILE LIABILITY COM"IN EDSINGLE LIMIT $ Ea accident ANYAUTO 80DILYINJURY(Per person) $ OWNED SCHEDULED L3o0ILYINJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED ROPERTY D AGE $ AUTOS ONLY AUTOS ONLY PeracU $ c!deni UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y r N STATUTE I I ERH ANY PROPRIETOR:PARTNER+EXECUTIVE E.L.EACH ACCIDENT $ OFPICER:MEMSER EXCLUDED? MIA (Mandatoryin NH) E.L.DISEASE-EA EMPLOYE $ Iryes,describe under DESCRIPTION OF OPERATIONS below E., DISEASE-POLICY LIMIT $ Professional, E&O Contractors Occurence 5,000,000 A Pollution Liability N N SLSL-PRO-262380-19 04/02/2019 0410M020 Aggregate 5,000,D00 ❑ESCR1P710N OF OPERATIONS+LOCATIONS I VEHICLES (A CORD 101.Addlt[on aI Remarks Schedule,may be attached if more space is required) Project: Capital Projects CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA71ON DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Asset Management Services ACCORDANCE WITH THE POLICY PROVISIONS. 131 W Margaret Lane AUTHORIZED REPRESENTATIVE _Py Hillsborough NC 27278 Fax: F-mallabarnes@orangecountync.gov ©1988-2015 ACORD CORPORATION. Al rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACOR❑ DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 � N DATE(MMIDDIYYYY) AC"R�� CERTIFICATE OF LIABILITY INSURANCEF��. 01/06/2020 THIS CERTIFICATE 15 ISSUED AS A NIATTER OF INFORNIA71ON 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 CONTANAME' Carla Moore Colonial Insurance Agency Hillsborough AXONNo,E (919)732 2191 AID No: (919)732 2192 103 Millstone Dr.Suite A EMAIL ADDRESS, colonial-a enc ADDRESS: .com C� � Y Po Box 490 INSURERS AFFORDING COVERAGE NAIL# Hillsborough NC 27278 INSURER ; 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. INSR ACOLSUBR POLICY E LTR TYPE OF INSURANCE INSD WVQ POLICY NUMBER (MWDDrYYYY1 iMPkDDffYYYILIMITS COMMERCIAL GENE PALLIABILJTY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES a occurrence $ MED EXP(Any orre person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ JECT PO-ICY1:1 PRO LOC PRODUCTS GOMP+OP AGG $ OTHFR $ AUTOMOBILE LIABILITY COM"IN EDSINGLE LIMIT $ Ea accident ANYAUTO 80DILYINJURY(Per person) $ OWNED SCHEDULED L3DDILYINJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED ROPERTY D AGE $ AUTOS ONLY AUTOS ONLY PeracU $ c!deni UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y f N STATUTE I I ERH ANY PROPRIETOR:PARTNER+EXECUTIVE E.L.EACH ACCIDENT $ OFPICER:MEMSER EXCLUDED? MIA (Mandatory in HH) E.L.DISEASE-EA EMPLOYE $ Iryes,describe under DESCRIPTION OF OPERATIONS below E., DISEASE-POLICY LIMIT $ Professional, E&O Contractors Occurence 5,000,000 A Pollution Liability N N SLSL-PRO-262380-19 04/02/2019 0410M020 Aggregate 5,000,D00 ❑ESCR1P710N OF OPERATIONS+LOCATIONS I VEHICLES (A CORD 101.Addlt[on aI Remarks Schedule,may be attached if 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 _Py Hillsborough NC 27278 Fax: F-mallabarnes@orangecountync.gov ©1988-2015 ACORD CORPORATION. Al rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACOR❑ DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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. TR INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE To_7CLAIMS-MADE � OCCUR PREM SES 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 I 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 STER ATUTE X ORTH- AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBEREXCLUDED? 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:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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 do 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 II — COV- separately insured for Business Auto Coverage. ERE❑ 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 11 —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 "insures!" 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 (D 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II —COVERED AUTOS lions. LIABILITY COVERAGE: Any "employee" of yours is an "insured"while u5- (ii) Neither you nor any other involved "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without 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), "suit". of SECTION 11 —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 II —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—INDEMNITY 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 (if you are a Limited liability company) or ritories and possessions, Puerto Rico and Canada. members of their households. Page 2 of 4 02015 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:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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.i.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. ble, 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 added 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 A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—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 $750 for any one "accident". (b) A partner(if you are a partnership); I. PHYSICAL DAMAGE — TRANSPORTATION (c) A member (if you are a limited liability com- 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 A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by y you to give no- 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 A.4., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — 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 $404 for "loss" to wearing ap- signed and executed prior to any "accident" pares 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 m 2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance services Office,inc.with its permission. DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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 givers by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS ❑R ❑MISSIONS ever this provision [foes not affect our fight to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise ❑ur right ❑f cealment, Misrepresentation, Or Fraud, ❑f cancellation ❑r non-renewal. SECTION IV— BUSINESS AUTO CONDITIONS: Page 4 of 4 iD tot 5 The"travelers Indemn'sty Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services office,Inc.with its permission. DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 Policy 6304KO89149 COMMERCIAL GENERAL LIABILITY THIS ENDORSMENT CHANGES THE POLCY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement mod€fees insurance provided under the following: COMMERCIAL GENERAL LIABILITY OVERAGE PART COMMERCIAL GENERAL LIABILITY-CONTRACTORS COVERAGE PART 1) WHO IS AN INSURED — (Section 11) 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 loss 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" far 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 Ill- 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 02 46 10 02 DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46 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 a) 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 and/or indemnity under that policy b) Immediately forward all legal papers to us, of insurance. cooperate in the investigation or settlement of the claim or defense against d) 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