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HomeMy WebLinkAbout2021-208-AMS-ProNet Systems-Add 3 card readers Managers office DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E DS [Departmental Use Only] TITLE MangersOffice FY 2020/2021 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 7th day of April, 2021, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and ProNet Systems, 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): Add three (3) card readers to the new Manager's Office located on the 2nd Floor of the Whitted Building . See Attached Proposal Dated March 15,2021. 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 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 Revised 11/19 1 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or 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 and/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 and/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 and/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 with the contractor the cost is not reduced to an amount Revised 11/19 2 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E 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): Add three (3) card readers to the Manager's Office new location in the Whitted Building. See Attached Proposal Dated March 15,2021. 4. Duration of Services a. Term. The term of this Agreement shall be from 04/07/2021 to 07/07/2021. 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 04/07/2020. 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 Five Thousand Nine Hundred Forty Nine Dollars and Seventeen Cents ($5949.17). 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. 6. 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. 7. Responsibilities of the County Revised 11/19 3 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E a. Cooperation and Coordination. The County has designated (Alan Dorman) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and 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. Revised 11/19 4 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E 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. 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. 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 hqp://www.oran eg counl nc. og v/departments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the Revised 11/19 5 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E 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 and/or mandated functions, by state and/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. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Revised 11/19 6 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E 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 Alan Jelley P.O. Box 8181 3200 Glen Royal Rd Ste 107 Hillsborough,NC 27278 Raleigh,NC 27617 [SIGNATURE PAGE TO FOLLOW] Revised 11/19 7 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E 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: y DocuSigned by: By: B j/binbLlt, (�gtMykWS�t� Q�A J 4/22/2021 onnie Wammersley 31F06650592A4F5... Alan Jelley 4/28/2021 Printed Name and Title Revised 11/19 8 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: ProNet Systems, Inc Party/Vendor Contact Person: Alan Jelley Contact Phone: 919-277- 2070 Party/Vendor Address: 2500 Glen Royal Rd Suite 107 City Raleigh State: NC Zip: 27617 Department: AMS Amount: $5949.17 Purpose: Add(3)Card Readers-Managers Office Budget Code(s): 61370035-88000-10079 Vendor# 57979 (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: DLLocu��S��igned by: Department Director'sSignat r�lWw AMA Date: 4/21/2021 Agreements for emergency servic ffi ff'§Whot 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 ned specifications: DocuSig by::I,, Office of the Chief Information Officeh i,M 44 "7 Date: 4/22/2021 C11 BA91 E73A64DF... Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: /' ""by:''ll�Office of the Risk Management OfficFDocuSigned llSa. 1,vyyu lTb Date: 4/2 5/2021 DS 7FDCF9176800498... 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 Offic Cr(AM4E51,1ACC140... Date: 412712021 . Legal Services This agreement is approved as ^egakfAg jand sufficiency: Office of the County Attorn ,6StfL RLMV' Date: 4/28/2021 4C5F3CDDFOB94F6... Clerk to the Board Received for record retention: All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@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 11/19 9 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E Revised 11/19 10 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E PRoNET SYSTEMS,1NG 3200 GLEN ROYAL ROAD, SUITE 107, RALEIGH, NC 27617 www.i)ronetsystemsonline.com TELEPHONE 919.277.2070 FAX 919.277.2072 Q031521 Orange County-Whitted-Add Three(3)Card Readers March 15,2021 Mr.Alan Dorman Orange County Asset Management Services PO Box 8181 Hillsborough,NC 27278 Dear Mr.Dorman, RE: ORANGE COUNTY—WHITTED—ADD THREE(3)CARD READERS With reference to your recent request for a proposal to add three(3)card readers at the Whitted site. Our proposal is detailed below for your review. Equipment Description Quantity Equipment Description Unit Price Total Price 3 Bosch DS-160 PIR REX 87.75 263.25 3 GE 1076CW Door Contacts 11.48 34.44 3 HES HE-5200C Electric Strike Complete 145.79 437.37 3 HID 920NTNNEK00000-L001 Smart Card Reader Switch Plate Gray 211.95 635.85 2 Lenel LNL-1320-S3 Reader Interface 569.70 1,139.40 1 Lenel CTX-6 Cabinet 164.70 164.70 Cable and Installation Materials 543.23 Equipment Total Including Cable and Materials 3,218.24 Add Labor 2,238.06 Add Estimated Shipping 77.81 Add 7.5%Sales Tax 415.06 Total Price including Equipment,Labor,Sales Tax,and Shipping $5,949.17 Q031521 roNet Systems,Inc. DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E Warranty All products are covered for one year,parts and labor,from date of hand over. An extended maintenance program is available. This includes parts and labor on all products for the second year after date of hand over. Service Rates Out of warranty call out is charged at$100.00 per hour and$135.00 per hour out of hours(regular business hours are 8.00 am to 5.00 pm,Monday to Friday). Response time is same day if service call is requested before 10.00 am or if the system is down due to failure. All product is covered for one year,parts and labor,from date of hand over. A Service Contract for an extended maintenance program is offered if required. This includes parts and labor on all products for the second year after date of hand over. Service Contract A maintenance program is offered below. Full Maintenance 21 year $ 267.50 per year Terms of Payment Unless otherwise arranged,50%of payment is due upon receipt of the order,and 50%of payment is due upon project completion. Interest will be charged at a rate of 1.5%per month on accounts 10 days past due and a 2%discount is offered for payment within 10 days of receipt of invoice. Validity These rates are valid for a period of thirty days from today's date. We trust that in submitting this proposal we have addressed all your requirements. Should you require further clarification or additional information,please do not hesitate to contact us. Sincerely, Alan Jelley ProNet Systems,Inc. Accepted: Signed ....................................................... For and On Behalf of Orange County ......................................................................................... Print Name & Title Date.......................................................... 2 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E DATE(MM/DDIYYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 704/07/2021 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 Leslie McCo NAME: y Lawson Insurance Group,Inc. AI/CNN Ext: 919-846-2090 ext 202 A/� No): 919-846-2438 6512 5x Forks Fit#101 ADDRESS: Ieslie.mccoy®awsonins.com INSURER(S)AFFORDING COVERAGE NAIC# RBIeigh NC 27615-6561 INSURERA: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: NorGUARD Insurance Company 25844 ProNet*stems,Inc. INSURER C: AIG9aecialty Insurance Company 3200 den Fbyal Fb INSURER D: INSURER E: Fbleigh NC 27617-7419 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR PREMISES (a o DAMAGE TO Ncur RENTED ) $ 100,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ 5,000 A X CONTRACTORS ENHANCEMENT Y ACPC-LO2232994383 02/22/2021 02/22/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY� PE� LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:(C)CORECYBE21000 Master Contract IR5 $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A X EXCESS LIAB CLAIMS-MADE ACPCAF2232994383 02/22/2021 02/22/2022 AGGREGATE $ 4,000,000 DED X RETENTION$ NONE $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A PRWC102589 04/28/2020 04/28/2021 (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 $ Inland Marine(COMM) INSTALLATION FLOATS $75,000 A ACP CIM 2222994383 02/22/2021 02/22/2022 CONTRACTORS EQUIP $22,250 $500/$1000 Ded Fbsp DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is included as additional insured(CG 20 33)and Waiver of Subrogation applies per Blanket Contractors Enhancement Endorsement CG 72 88 under the general liability policy(please refer to attachments). The Umbrella/Excess Liability policy is"follow form". Blanket Waiver of Subrogation also appliesto the workers compensation policy(please refer to attachments). CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O.BOX 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or 1. "Bodily injury", "property damage" or "personal agreement that such person or organization be added as an additional insured on your policy. and advertising injury„ arising out of the Such person or organization is an additional rendering of, or the failure to render, any professional architectural, engineering or insured only with respect to liability for "bodily surveying services, including: injury", property damage" or "personal and advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the 2. Will not be broader than that which you are "occurrence" which caused the "bodily injury" or required by the contract or agreement to "property damage", or the offense which caused provide for such additional insured. the "personal and advertising injury", involved the A person's or organization's status as an rendering of or the failure to render any additional insured under this endorsement ends professional architectural, engineering or when your operations for that additional insured surveying services. are completed. CG 20 33 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 000uoign Envelope ID:rou1opz s6211A6o5E CG 2033 04 13 2. "Bodily injury" ur "propertydamege" ucourhng C. With respect to the insurance afforded to these after: additional insureds, the following is added to a~ All wmrk, including mater}cds, parts or Section UUI—LirniCa Of Insurance: equipment furnished in connection with The most wewill pay on behalf Vfthe additional such work, on the project (other than insured ia the amount ofinsurance: service, maintenance or repairs) to be 1~ Required by the contract or agreement you performed byoron behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed: or 2. Available under the applicable Limits of b. That portion of "your work" out of which the Insurance shown in the Declarations; injury or damage ad~~- has been put its whichever io |ess intended use by any person ororganization ' other than another contractor or This endorsement shall not |norouae the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part ofthe Declarations. same project. All terms and conditions apply unless modified bx this endorsement. Page 2mf 2 0 Insurance Services Office, |no'. 2012 CG 20330413 DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E COMMERCIAL GENERAL LIABILITY CG72881216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage C. Non-Owned Watercraft 1. Under Section I— Coverages, Coverage A Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Bodily Injury And Property Damage Liability, Liability, coverage is extended to include 2. Exclusions Exclusion g. Aircraft, Auto Or the following: Watercraft Paragraph (2) (a) is replaced with: If a customer's master or grand key, (a) Less than 51 feet long; and excluding electronic key card, is lost, D. Expanded Property Damage Coverage damaged or stolen while in your care, 1. For the purposes of this endorsement only: custody or control we will pay the cost of replacing the keys, including the master lock Section I — Coverages, Coverage A and all keys used in the same lock, the cost Bodily Injury And Property Damage of adjusting locks to accept the new keys, or Liability, 2. Exclusions, Exclusion j. the cost to replace the locks, whichever is Damage To Property is amended as less. follows: 2. Limit of Insurance— For the purpose of this a. Paragraphs (3), (5), and (6) are deleted coverage, the most we will pay is $10,000 in their entirety. per"occurrence". b. Paragraph (4) is deleted in its entirety B. Voluntary Property Damage and replaced with: 1. Under Section I — Coverages, Coverage A (4) Personal property in the care Bodily Injury And Property Damage Liability, custody, or control of the insured: coverage is extended to include the following: (a) For storage or sale at premises At your request, we will pay for "property you own, rent or occupy; or damage" to property of others caused by you (b) While being transported by any and while in your possession, arising out of your aircraft, "auto", or watercraft business operations and occurring during the owned or operated by or rented policy period. to or loaned to any insured. 2. Limit of Insurance—For the purpose of this c. The coverage provided by this coverage the most we will pay is $1,500 per endorsement does not apply to "occurrence". "property damage": C. Non-Owned Watercraft (1) Arising out of the disappearance or Under Section I — Coverages, Coverage A loss of use of personal property; or Bodily Injury And Property Damage Liability, (2) Included in the "products-completed 2. Exclusions Exclusion g. Aircraft, Auto Or operations hazard". Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E CG 72 88 12 16 2. Limit of Insurance - The most we will pay F. Supplementary Payments for loss arising out of any one "occurrence" Under Section I — Coverages, Supplementary is$5,000. Payments — Coverages A and B Paragraphs 3. Deductible - Our obligation to pay for a 1.b. and 1.d. are replaced with: covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required loss in excess of$250. because of accidents or traffic law violations We will pay the deductible amount to effect arising out of the use of any vehicle to which settlement of any claim or "suit" and upon the Bodily Injury Liability Coverage applies. notification having been taken you shall We do not have to furnish these bonds. promptly reimburse us for the deductible as d. All reasonable expenses incurred by the has been paid by us. insured at our request to assist us in the This insurance is primary to any expanded investigation or defense of the claim or damage coverage provided by a separate "suit", including actual loss of earnings up to endorsement attached to this policy, and it $500 a day because of time off from work. will supplant any deductible in said G. Newly Formed And Acquired Organizations endorsement. Under Section II — Who Is An Insured E. Damage To Premises Rented To You Paragraph 3.a. is replaced with: 1. Under Section I—Coverages, Coverage A a. Coverage under this provision is afforded Bodily Injury And Property Damage only until the 180t" day after you acquire or Liability, the last paragraph of 2. form the organization or the end of the policy Exclusions is replaced with: period, whichever is earlier; If Damage To Premises Rented To You is H. Additional Insured — Automatic Status When not otherwise excluded, Exclusions c. Required In An Agreement Or Contract With through n. do not apply to damage by fire, You lightning, explosion, smoke, or sprinkler Section II — Who Is An Insured is amended to leakage to premises while rented to you or include: temporarily occupied by you with permission of the owner. A separate limit of insurance 4. Any person(s) or organization(s) described applies to this coverage as described in in Paragraphs a. — d. below with whom you Section III— Limits Of Insurance. have agreed in writing in a contract or 2. Under Section III — Limits Of Insurance, written agreement that such person or organization be added as an additional Paragraph 6. is replaced with: insured on your policy during the policy 6. Subject to 5. above, the Damage To period shown in the Declarations. Premises Rented To You Limit is the The person or organization added as an most we will pay under Coverage A for insured by this endorsement is an insured damages because of "property damage" only for liability due to: to any one premises, while rented to you, or in the case of damage by fire, a. Lessors of Leased Equipment with lightning, explosion, smoke or sprinkler respect to their liability for"bodily injury", leakage, while rented to you or "property damage", or "personal and temporarily occupied by you with advertising injury", caused in whole or in permission of the owner. The limit is part by your maintenance, operation or increased to $1,000,000. use of equipment leased to you by such 3. Under Section IV — Commercial General person(s) or organization(s). This Liability Conditions, Condition 4. Other Insurance does not apply to any Insurance, b. Excess Insurance (1) (a) (ii) loccurrence" which takes place after the is replaced with: lease expires. (ii) That is Fire, Lightning, Explosion, However, their status as additional Smoke, or Sprinkler leakage insured under this policy ends when insurance for premises rented to their lease, contract, or agreement with you or temporarily occupied by you you for such leased equipment expires. with permission of the owner. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with its permission. DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E CG72881216 b. Managers or Lessors of Premises d. Owners, Lessees, or Contractors with with respect to liability arising out of the respect to liability for "bodily injury", ownership, maintenance, or use of that "property damage", or "personal and part of the premises you own, rent, advertising injury" caused, in whole or in lease, or occupy. part, by: This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that struction or demolition operations additional insured, whether the work performed by or on behalf of the is performed by you or on your person or organization. behalf. However, their status as additional The insurance does not apply to: insured under this policy ends when you (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or "personal and advertising injury" c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has issued a permit or authorization in (a) The preparing, approving, or connection with premises you own, rent failing to prepare or approve or control and to which this insurance maps, shop drawings, opinions, applies: reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications:or advertising signs, awnings, (b) Supervisory, inspection, archi- canopies, cellar entrances, coal tectural, or engineering activ- holes, driveways, manholes, ities. marquees, hoist away openings, (2) "Bodily injury" or "property damage" sidewalk vaults, street banners, or occurring after: decorations and similar exposures; a All work, including materials, or ( ) g (2) The construction, erection, or parts, or equipment furnished in connection with such work, on removal of elevators; or the project (other than service, The ownership, maintenance, or use of maintenance or repairs) to be any elevators covered by this insurance. performed by or on behalf of the This insurance does not apply to: additional insured(s) at the 1 "Bodilyinjury" or "property dama e" location of the covered ( ) y g operations has been completed; or "personal or advertising injury" arising out of operations performed or for the state or municipality; or (b) That portion of "your work" out 2 "Bodilyinjury" or "property dama e" of which the injury or damage ( ) y g arises has been put to its included within the "products- intended use by any person or completed operations hazard". organization other than another However, such state or political contractor or subcontractor subdivision's status as additional engaged in performing insured under this policy ends when the operations for a principal as a permit ends. part of the same project. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E CG 72 88 12 16 However, a person or organization's This coverage does not apply if Coverage C — status as additional insured under Medical Payments is excluded either by the this policy ends when your provisions of any coverage forms attached to the operations for that additional insured policy or by endorsement. are completed. K. Knowledge Of An Occurrence With respect to the insurance afforded to Under Section IV — Commercial General such additional insureds a. — d. described Liability Conditions, the following is added to above the following is added to the Section Condition 2. Duties In The Event Of III—Limits Of Insurance: Occurrence, Offense, Claim Or Suit: If coverage provided to the additional e. Knowledge of an occurrence, offense, claim insured is required by a contract or or suit by an agent or employee of any agreement, the most we will pay on behalf of insured shall not in itself constitute the additional insured is the amount of knowledge of the insured unless you, a insurance: partner, if you are a partnership; or an 1. Required by the contract or agreement: executive officer, or insurance manager, if or you are a corporation receives such notice 2. Available under the applicable Limits of of an occurrence, offense, claim, or suit from Insurance shown in the Declarations; the agent or employee. whichever is less. f. The requirements in Paragraph b. will not be This endorsement shall not increase the considered breached unless there is applicable Limits of Insurance shown in the knowledge of occurrence as outlined in Declarations. Paragraph e. above. However, the insurance afforded to such L. Unintentional Failure To Disclose Hazard additional insureds a.—d. described above: Under Section IV — Commercial General 1. Only applies to the extent permitted by Liability Conditions, Condition 6. law; and Representations the following paragraph is added: 2. Will not be broader than that which you d. Your failure to disclose all hazards or prior are required by the contract or "occurrences" or offenses existing as of the agreement to provide such additional inception date of the policy shall not insured. prejudice the coverage afforded by this I. Aggregate Limit Per Project policy provided such failure to disclose all Under Section III — Limits Of Insurance The hazards or prior "occurrences"or offenses is following paragraph is added to Paragraph 2: not intentional. This provision does not The General Aggregate Limit under Section III affect our right to collect additional premium Limits Of Insurance applies separately to each or exercise our right of cancellation or non- of your construction projects away from renewal. premises owned by or rented to you. M. Waiver Of Subrogation J. Medical Payments Under Section IV — Commercial General Under Section III — Limits Of Insurance, Liability Conditions, 8. Transfer Of Rights Of Paragraph 7. is replaced with: Recovery Against Others To Us the following 7. Subject to 5. above, the higher of: paragraph is added: a. $10,000; or If required by a written contract executed prior to loss, we waive any right of subrogation we may b. The amount shown in the Declarations have against the contracting person or for Medical Expense Limit is the most organization because of payments we make for we will pay under Coverage C for all injury or damage arising out of your ongoing medical expenses because of "bodily operations or "your work" done under a contract injury"sustained by one person. with that person or organization and included in the "products-completed operations hazard". Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with its permission. DocuSign Envelope ID:7321 DF2F-3ACF-4079-A23F-44E621 1A6C5E CG72881216 N. Liberalization O. Broadened Bodily Injury Definition (Mental Under Section IV — Commercial General Anguish) Liability Conditions, the following condition is Under Section V — Definitions Definition 3. added: "Bodily Injury' is replaced with: 10. Liberalization 3. "Bodily injury' means physical injury, If we revise this coverage form to provide sickness, or disease to a person and if more coverage without additional premium arising out of the foregoing, mental anguish, charge, your policy will automatically provide mental injury, shock, or humiliation, the additional coverage as of the day the including death at any time resulting revision is effective in your state. therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission.