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HomeMy WebLinkAbout2021-177-E AMS-Brown Brothers Plumbing & Heating Courthouse sewer repair DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-1C7B9FE1C133 os Q� [Departmental Use Only] TITLE Courthouse-Sewer Ln FY 2020/21 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this I Ith day of March, 2021, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Brown Brothers Plumbing and Heating Co. INC, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Provide material and labor to replace approximately 80' of 4" exterior sewer using 4" PVC solid wall piping and fittings. Install one two- way clean out at building line. Install additional clean-out at point of connection to existing outfall. Remove and replace sections of concrete sidewalk. Seed and straw disturbed area. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards Revised 07/20 1 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-1C7B9FE1C133 of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the Basic Services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations Revised 07/20 2 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-1C7B9FE1C133 with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Provide material and labor to replace exterior sewer line. 4. Duration of Services a. Term. The term of this Agreement shall be from 03/11/2021 to 09/11/2021. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 03/11/21. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Fourteen Thousand Three Hundred and Ninety Dollars ($14,390.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Eddie Hunter) to act as the County's representative with respect to the Project who shall have the authority to render Revised 07/20 3 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-1C7B9FE1C133 decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of NA(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days'prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or Revised 07/20 4 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-1C7B9FE1C133 by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. Revised 07/20 5 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-1C7B9FE1C133 c. Non-Discrimination. 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 non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy(each policy is incorporated herein by reference and may be viewed at http://www.oran eg countync. o�partments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate or mandated Revised 07/20 6 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-1C7B9FE1C133 functions, by state or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Si natures. 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. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:Alan Dorman Jeff Addison P.O. Box 8181 Brown Brothers Hillsborough,NC 27278 PO Box 15668, Durham [SIGNATURE PAGE TO FOLLOW] Revised 07/20 7 DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: DocuSigned by: DocuSigned by: By 66v1W �aw�w�WS By Q�t, SfcUnFbV� onnie 7 mmersely OE86668A77584A0.. Jeff Addison, Project Manager Printed Name and Title 3/12/2021 Revised 07/20 8 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-lC7B9FE1C133 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: Brown Brothers Plumbing & Heating Party/Vendor Contact Person: Jeff Addison Contact Phone: 919-220-2554 Party/Vendor Address: PO Box 15668 City Durham State: NC Zip: 27704 Department: AMS Amount: $14,390.00 Purpose: To fix Sewer Line at the Courthouse Budget Code(s): 10240320-570000 Vendor#35730 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one) New® Renewal❑ Amendment ❑ Effective Date Approved by Board Yes❑No❑ Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: DocuSigned by: Department Director's Signatu e SIB a Date: 3/11/2021 Agreements for emergency services or repair not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: DocuSigneed""by: ''ll� Office of the Risk Management Offic�!7FDCF9176800498 &A, Chvv�.t lib Date: 3/12/2021 . DS Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Office 01. Date: 3/16/2021 7D4E5181ACC1409... Legal Services This agreement is approved as fib emiand sufficiency: Office of the County Attorne ,^�bst L Rev' Date: 3/18/2021 ---zrcsF3C6QFaR= _ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 07/20 9 DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 Revised 07/20 10 DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 ROWN ROTHERS 01111!7.17 FAX QUOTE FROM: BROWN BROTHERS PLUMBING AND HEATING PH. #919-220-2554. . N.C. LIC. #282 . .FAX #919-220-2531 DATE: March 11, 2021 ------------------------------------------------------- JOB NAME: Orange County Court House Att: Eddie Hutter Email: ehutter@orangecountync.gov Phone: (919) 442-7905 Location: Hillsborough Ref: Exterior Sewer Repair Scope of work- Provide material and labor to replace approximately 80' of 4" exterior sewer using 4" PVC solid wall piping and fittings. Proposal Includes: Install one two-way clean-out at building line. Install additional clean-out at point of connection to existing outfall. Remove and replace sections of concrete sidewalk. Seed and straw disturbed area. FOR THE BUDGET PRICE OF: 14 390.00 EXCLUSIONS: Bond Unsuitable soils. Utilities relocation. Labor rates are based on weekend/overtime working hours. Proposal may be withdrawn if not accepted with-in 30 days. Authorized Signat e: ' Jeff Addison Project Manager PO Box 15668 -2820 North Roxboro Road • Durham, NC 27704-0668 •Telephone (919)220-2554 • Fax(919)220-2531 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-lC7B9FE1C133 OP ID: DL 1A4C7ORO CERTIFICATE OF LIABILITY INSURANCE 7MIDD/YYYY)(M 122/2020 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 r';EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ,PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies Irnay require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Kirk Brown Diversified Insurance — Solutions LLC PHONE FAX E:t:919-471-8222 FJC No;919-471-6607 P.0.Box 15734 ADDRESS: kbrown diverseins.com Durham,NC 27704- PRODUCER Diane S.Long cu T M D#;BROWBRO INSURERS AFFORDING COVERAGE NAIL W INSURED Brown Brothers Plumbing and INSURER A:Builders Premier Insurance Co. 10844 Heating Company, Inc. INSURER B:Builders Mutual Insurance Co. 10844 2820 N. Roxboro Road INSURER C:HISCOX Pro .44318 Durham, NC 27704 INSURER D:Travelers Property/Casualty .36161 INSURER E: 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. VN7 R TYPE OF INSURANCE POLICY NUMBER MM�DlYYYY MMIDDfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY PCP0000055 12 12/3112020 12/31I2021 PREMISES Ea occurrence $ 300,00 CLAIMS-MADE rx-1 OCCUR MED EXP(Any one person) $ 10,00 X contractual liab. PERSONAL&ADV INJURY $ 1,000,00 X Deductible$500. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) A X ANY AUTO IDCA000694210 12/31/2020 '12/31/2021 BODILY INJURY(Per person) $ X ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) $ X NON-OWNED AUTOS $ X Deductible -0- $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ S,000,OO EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,00 B MUBOID04308 02 12/31/2020 12/31I2021 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION X WC STATUS Y LIMITS E83 AND EMPLOYERS'LIABILITY 1,000 00 B ANY PROPRIETORIPARTNER/EXECUTIVE YIN NCP0044355 12 12/31/2020 12/31/2021 E.L.EACH ACCIDENT I $ OFFICER/MEMBER EXCLUDED? N I A 1,000,000 (Mandatory in NH) E-L,DISEASE-EA EMPLOYEE $ Ir yes,describe under E.L DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS below _ C Pollution/Profess. ANE226643820 06/0312020 0610312021 Occ/Aggr. 2,000,000 D Third Party Crime 106446766 01/20/2021 01/2012022 100,000 5000.ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) .Job: Orange County-300 W.Tryon Street Orange County, North Carolina(owner)is additional insured per the attached Forms. CERTIFICATE HOLDER CANCELLATION ORANC07 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. Attn: County Manager 200 S.Cameron St. AUTHORIZED REPRESENTATIVE P.O. Box 8181 Diane S. Long =� Hillsborough,NC 27278 (, ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 BROWBRO PAGE 2 NOTEPAD INSURED'S NAME Brown Brothers Plumbing and OP ID: DL ilatF: 1212212020 The following forms apply if required by written/executed contract, before a loss: Additional Insured for General Liability Ongoing & Completed Operations __. and Primary & Non-contributory wording- CG7034(07/09) , CG7024(03/09) and CG2001(4/13) . Blanket Additional Insured applies to Contractors Pollution Liability for Ongoing & Completed Operations, when :required by written contract. Designated Insured for Auto Liability: CA2048(02/99) . Blanket Waiver of Subrogation for General Liability: CG7051(06/15) . Blanket Waiver of Subrogation for Workers Compensation: WC 000313(04/84) . Blanket Waiver of Subrogation for Contractors Pollution Liability. Contractors Pollution Liability: Self-Insured Retention $2,500. Contractors Pollution Liability: Includes Mold Liability at $2,000,000. limit. Contractors Pollution Liability: Mold deductible $2,500. Blanket Additional Insured on Automobile Liability, with Primary and Non-contributory wording, per attached form CA3000(07/14) . Umbrella follows form for General Liability, Automobile Liability and orkers Compensation. DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 BUILDERS PREMIER INSURANCE CO. FORM INVENTORY EINTORY PACKAGE POLICY Post Office Box 150005 Raleigh,North Carolina 27624-0005 Policy Number: PCP 0000055 12 Named Insured: BROWN BROTHERS PLUMBING Agent: DIVERSIFIED INSURANCE SOLUTION 0000443 Policy Level Forms POLICY FORMS SCHEDULE Commercial Fire Forms CP0010 (04/02) CP0030 (04/02) CP0090 CP1218 (06/95) CP9903 (07/88) CPO116 (10/00) CP1030 (04/02)(12/19) EM0001 IL0269 (07/08) IL0003 (07/02) IL0017 (11/98) (07/02) IL0935 (07/02) IL0952 IL6014 (01/16) PIL002ONC (07/04) (O1/15) IL0995 (01/07) IL6006 (01/10) General Liability Forms CG0001 (04/13) CG0300 (01/96) CG2001 (04/13) CG2010 CG2037 (04/13) CG2038 (04/13) CG2106 (06/15) CG2147 (12/07) CG2149 (09/99) CG2154 (05/14) CG2109 (06/15) CG2147 (12/07) (01/96) CG2167 (12/04) CG2170 (01/15) CG2186 (12/04) CG2187 (01/15) CG2196 (03/05) CG2294 CG2504 (05/09) CG7024 (10/O1) CG2404 (05/09) CG2503 (05/09) (03/09) CG7030 (07/09) CG7031 (07/09) CG7032 (07/09) CG7034 (07/09) CG7051 (06/15.) CG7110 IL0017 (11/98) IL0021 (09/08) IL1201 (10/17) IL0003 (09/OB) Inland Marine Forms (09/08) IL0269 (09/08) IL1201 (11/85) IL6006 (01/10) CM0001 (06/95) CM0103 (11/85) CM9905 (12/19) IL0003 IL026 3 (04/98) IL0935 (08/98) IL0952 (01/15) IL0995 (01/077) PCM0018 (10/99) (03/02) PCM0042 (07/04) Issued Date: 12/18/2020 SCHED 0696 INSURED COPY Page 38 of 38 DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Except as otherwise stated in this endorsement, the terms and conditions of the policy premises. ✓the insurance stated below. apply to b. Structural alterations, new The following is added to the Commercial General construction or demolition operatio s Liability Coverage Form, Section II —WHO IS AN performed by or on behalf of the INSURED: person or organization from whom You lease property. 4. The person(s) or organization s(s) from 7. The person(s) or organization(s) from Whom equipment has been leased, but only with respect to their liability arising whom land is leased but only with out of the maintenance, operation or use respect to liability arising out of the by you of equipment leased to ownership, maintenance or use of that Part of land leased to such person(s) or organization(s), subject s additional exclusions ayol The following to the following additional exclusions: PP Y� This insurance does not apply:I This insurance does not apply to: a. To any "occurrence" which takes a• Any "occurrence" which takes place after you cease to lease that land; place after the equipment lease expires; b. Structural alterations, new b. To "bodily injury" or "property construction or demolition operations the sole Performed by or on behalf of the damage" arising out person or organization from whom negligence of the person or organization from whom equipment land has been leased. has been leased. 8. Any state or political subdivision subject S. The person(s)or organization(s)shown in to the following additional provisions: the Declarations as mortgagee, assignee, This insurance applies only with respect or receiver, but only with respect:to their to the following hazards for which the liability as mortgagee, assignee, or receiver and arising out of the ownership, state political subdivision has issued a maintenance, Or use of the premises b Permitt in connection with premises you you. Y own, rent, or control and to which this insurance applies: This insurance does not apply to structural alterations, new construction a• The existence, maintenance, repair, and demolition performed by or for that construction, erection, or removal of person or organization. advertising signs, awnings, canopies, cellar entrances, coal holes, 6. The person(s) or organization(;) from driveways, manholes, marquees, whom you lease property but only with hoistaway openings, sidewalk vaults, street banners, or decorations and respect to liability arising out of the similar exposures; or ownership, maintenance or use of that part of the premises leased to you and b. The construction,erection, or removal subject to the following additional exclusions: of elevators; or This insurance does not apply to: c• The ownership, maintenance, or use of any elevators covered by this a. Any "occurrence" which takes place insurance. after you cease to be a tenant in that CG 70 34 07 09 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 2 DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 9. Any architect, engineer or surveyor engaged by you but only with respect to When our coverage for you under this liability arising out of your premises or Policy or a renewsl of this "your work", terminates and is not continued policy other insurance provided by us. This insurance, with respect to such "Work contract" means a written architects, engineers, or surveyors, does agreement into which you enter for not apply to "bodily injury", "property work performed by you or on your damage", "personal and advertising behalf. injury" arising out of the rendering or Any person or organization to wham you failure to render any professio,,Ial services 11. by or for you including: are obligated by virtue of a written "insured contract" to provide insurance a. The preparing, approving, ar failing to such as is afforded by this policy, but Prepare or approve, maps, shop only with respect to liability arising out drawings, opinions, reports, surveys, of the ownership, maintenance, or use field order; change or le that part of any premises or land drawings and specification or and leased to you. b. Supervisory, inspection, architectural This does not apply to: or engineering activities. a. Any "occurrence" that takes place 10.Any person or organization other than an after you cease to be a tenant on architect, engineer or surveyor, which those premises, or cease to lease the requires in a "work contract" that such land; or person or organization be made an insured under this policy. However, such b Structural alterations, new construction or demolition operations person or organization shall bean insured only with respect to covered "bodily Performed by or on behalf of such injury", "property damage". insured. and advertisinginjury" "personal 1 ry" caused, in SECTION V-DEFINITIONS whole or in part, by: The following is added: a. Your acts or omissions; or 23."Work contract" means a written b. The acts or omissions of those acting agreement into which you enter on your behalf; for work performed by you or on In the performance of your ongoing your behalf. operations for the additional insured(s) only at the location designated by the "work contract" The coverage afforded to such person or organization does not apply to "bodily injury", "property damage", "'personal and advertising injury" occurring after the earliest of the following times: a. When "your work" under the "work contract" (other than service, maintenance or repairs) has been completed. b. When that portion of "your work" under the "work contract" out of which any injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 70 34 07 09 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 2 of 2 DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 PCP 0000055 12 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Contractor's Blanket Additional Insured Endorsement Products - Completed Operations-A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITI'COVERAGE PART A. Section it —WHO IS AN INSURED is amended to include as an additional insured any person or organization when you and such person or organization have agreed in a written contract or written agreement that such person or organization be added to your policy, but only with respect to liability for "bodily injury"or°property damage'caused by"your work" performed for that additional insured and included in the"products-completed operations hazard When the named insured is required to add an additional insured on this policy, the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; 2. Executed prior to a "bodily injury" `occurrence"or"property damage" "occurrence"to which this insurance would apply; and 3. Between a Named Insured and the additional insured B. The insurance provided to the additional insured is subject to the following provisions: 1. That person or organization is an additional insured only for liability caused by your negligence specifically resulting from "your work"for the additional insured as detailed in the written contract or written agreement. 2. The Limits of Insurance (Section III) is amended to include: The limits applicable to the additional insured are the lesser of those specified in the written contract or agreement executed between you and the additional insured or in the Declaration of this Coverage Part, whichever is less. These Limits of Insurance are inclusive of, and are not in addition to, the Limits of Insurance shown in the Declarations and defined in Section III —Limits of Insurance. 3. The insurance provided to the additional insured does not apply to "bodily injury" or"property damage"arising out of the rendering of, or the failure to render any professional services by you or on your behalf, but only with respect to the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professional firms to provide, engineering, architectural or surveying services in connection with construction work you perform. Professional services include: c. The preparing, approving, failing to prepare, approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and d. Supervisor or inspection activities performed as part of any related architectural or engineering activities. e. However, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG 70 24 03 09 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 2 DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 4. The following replaces Exclusion I under 2. Exclusions of Section I—COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY I. Damage to Your Work This insurance does not apply to "property damage-to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". 5. When a written contract or written agreement requires coverage to be provided for"bodily injury"or"Property damage-within the "products-completed operations hazard", coverage will not apply to "bodily injury" or"property damage"which occurs after: a. The period of time required by the written contract or written agreement; or b. Five years from the completion of"your work" on the project that is the subject of the written contract or written agreement. 6. Any coverage provided to the additional insured by this endorsement shall be excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis, unless the written contract or written agreement in effect during this Policy period and executed by you prior to an 'Occurrence"specifically requires that the insurance be provided on either a primary or on a primary and noncontributory basis. 7. The insurance provided in this endorsement does not apply to "bodily injury", or"property damage" arising out of"your work"for which a consolidated (wrap-up) insurance program has been provided by the prime contractor, project manager or owner of a construction project in which you are involved. 8. The following is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit: e. An additional insured under this endorsement must comply with all provisions of this section. f. The company may audit or require a copy of the contract. CG 70 24 03 09 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 2 of 2 DocuSign Envelope ID:484DA2FF-FF69-4942-ABE7-1C7B9FE1C133 CG 70 5106 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement imodifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SUMMARY OF COVERAGE AND INDEX This is a summary of the various coverages provided by this form. No coverage is provided by this summary. This endorsement is subject to the provisions of your policy, which means that it is subject to all limitations and conditions applicable to the coverage forms attached to this policy unless specifically deleted, replaced, or modified herein. This endorsement is applicable only to those premises described in the Declarations. INDEX 1. Bodily Injury— Mental Anguish Included 2. Off Premises Care, Custody Or Control Coverage $25 000 3. Incidental Medical Malpractice ' Included 4. Amendment Of Insured Contract Definition Included 5. Liberalization Clause 6. Unintentional Failure To Disclose Hazards Included 7. Lost Keys Of Others Included 8. Medical Payments $500 Occurrence/$1,500 Aggregate 9. Broadened Mobile Equipment $15,000 10.Newly Formed Or Acquired Organizations Included 11.Non-Owned Aircraft Included 12.Watercraft Coverage Enhancement Included j,; 13.Aggregate Limits Per Project Included 14.Personal And Advertising InjuryIncluded 15.Property Damage Liability - Boowed Equipmen Publication Included 16.Suppiementary Payments (Bail Bonds) Enhancement $ , 000 $50 17.Damage To Premises Rented To You Limit $500,000 18.Knowledge Of An Occurrence, Claim, Or Suit Included 19.Voluntary Property Damage Coverage ncludedd �C20.Waiver Of Transfer Of Rights Of Recovery Against nstOthers renceIncl Included 21.Duties In The Event Of Occurrence, Offense, Claim Or Suit Included 22.Primary And Noncontributory-- Other Insurance Condition Included DocuSign Envelope ID:484DA2FF-FF69-4942-ABET-1C7B9FE1C133 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes an (2) You have agreed in writing in a y provision to the contrary: contract or agreement that this insur- ance would be primary and would not Primary And Noncontributory Insurance seek contribution from any other insur- This insurance is primary to and will not ance available to the additional insured. seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named In- sured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1