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HomeMy WebLinkAbout2020-637-E AMS-Carolina CivilWorks Inc Cedar Grove septic upgrade Revised 07/20 1 [Departmental Use Only] TITLE CGCC Septic Upgrade FY 2020-2021 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 20th day of September, 2020, by and between Carolina Civilworks, Inc., (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). W I T N E S S E T H: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by Boomerang Design and Mitchell Environmental, PA (Sheet 1 of 2 dated June 23, 2020, Sheet 2 of 2 dated June 23, 2020, and Specifcations dated May 27, 2020) b. Written specifications prepared by the project engineer. c. Carolina Civilworks, Inc. proposal dated July 7, 2020 which fully describes the work to be performed. Such work will hereafter be called the “Work”. d. Related documents listed under Section 1 above. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 2 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by January 31, 2021 or 60 days from the issued Notice to Proceed . c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner, and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions caused by its employees, agents, contractors, or assigns in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, 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 Contractor. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 3 e. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor 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. f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, or control, and all such property while it is in transit. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed One Hundred Nineteen Thousand fifty Dollars ($119,050.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner’s Representative at 6131 Falls of Neuse Road, Ste 204, Raleigh, NC 27609 and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner’s Representative’s certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner’s Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 4 c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements – Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by Owner’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 Owner’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). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNITY a. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law. b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner’s property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the project prior to and as of the date of substantial completion and further stat ing that Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney’s fees related thereto) arising out DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 5 of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the cla im or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON–APPROPRIATION a. Contractor acknowledges that Owner 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. b. In the event that public funds are unavailable and not appropriated for the performance of Owner’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner 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 durin g a substantial fiscal crisis. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 6 c. In the event of a change in the Owner’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects Owner’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner’s legal authority. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Carolina Civilworks, Inc Attn: AMS Attn: Chad Green P.O. Box 8181 PO Box 80337 Hillsborough, NC 27278 Raleigh, NC 27612 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and any code or law. d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor’s expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 7 g. By executing this Agreement Contractor certifies that Contractor 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. h. By executing this Agreement Contractor certifies that Contractor 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. i. The County has designated (Angel Barnes) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager 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. j. Contractor 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.orangecountync.gov/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 part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. k. 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 intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. l. In the event of a breach by Contractor Owner has sole authorit y to determine the reasonableness of Contractor’s actions to remedy such breach or complete the performance of its obligations. m. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 8 b. Liquidated damages shall be in accord with the Contract Documents. If the Contract Documents do not otherwise address liquidated damages, such damages shall be in the amount of five hundred dollars ($500.00) per day. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner’s order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of the Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00) per day. c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is stopped for twenty one (21) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for twenty one (21) consecutive days. d. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or 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 DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 9 provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or in a number of counterparts each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR ____________________________________ ________________________________________ Signature Signature County Manager ________________________________________ Printed Name and Title DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 9/9/2020 PresidentChad Green 9/14/2020 Revised 07/20 10 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Carolina Civilworks, Inc. Party/Vendor Contact Person: Jeremy Ricks (jricks@carolinacivilworks.com) or Chad Green (cgreen@carolinacivilworks.com ) Contact Phone: 919.598.9850 Party/Vendor Address: PO Box 80337 City Raleigh State: NC Zip: 27612 Department: AMS Amount: $119,050.00 Purpose: Cedar Grove Community Center Septic Upgrades Budget Code(s): 61370035-880000-10075 Vendor # 66526 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 9/20/2020 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: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are 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: N/A Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ 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:_________ DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 9/10/2020 9/10/2020 9/14/2020 9/14/2020 Revised 07/20 ORANGE COUNTY NORTH CAROLINA DISPUTE RESOLUTION RULES AND PROCEDURES FOR ORANGE COUNTY DESIGN, BUILDING CONSTRUCTION, RENOVATION, AND REPAIR PROJECTS RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. §143-128(f1) and 143- 135.26(11), these Rules are promulgated to implement a mediated settlement program designed to focus the parties’ attention on settlement rather than on claim preparation and to provide an opportunity for orderly settlement negotiations to take place. Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement of the dispute resolution process. B. Initiating the Dispute Resolution Process 1. Any party to a County public construction contract (referred to herein generally as the “Contract”) governed by Article 8. Ch. 143 of the General Statutes and identified in G.S. § 143- 128(f1) and who is a party to a dispute arising out of the Contract and the construction process in which the amount in controversy is at least $15,000 may submit a written request to the County for mediation of the dispute. 2. Prior to submission of a written request for mediation to the County, the party requesting mediation should give notice of any and all claims in accordance with their respective contracts, obtain decisions on the claims as required or allowed by their respective contracts, and attempt to resolve the dispute according to the terms and conditions in their respective contracts. The Mediator may adjourn any mediated settlement conference if the Mediator believes, in his or her sole discretion, that the parties have not satisfied all of the terms and conditions of their respective contracts and that doing so will enhance the prospects for a negotiated settlement. C. Condition Precedent to Litigation. Before any party to a Contract may commence a civil action against the County seeking remedies for breach or non-performance of the Contract by the County, said party must first initiate the dispute resolution process under these rules and attend and participate in good faith in the mediated settlement conference. RULE 2. SELECTION OF MEDIATOR A. Mediator Listing. A List of Mediators acceptable to the County is maintained by the County Attorney and that list is incorporated by reference into these Rules. B. Selection of Mediator. The party requesting mediation shall select a Mediator from the List of Mediators and shall file, with the County, a Notice of Selection of Mediator within 21 days of the request for mediation. Such notice shall state the name, address, and phone number of the Mediator selected. If DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 the Mediator selected is not available or declines to participate for any reason, the requesting party shall select another person from the List of Mediators. If the party requesting mediation does not select and designate a mediator within 21 days of the request for mediation, the County shall have the right in its absolute discretion to appoint a mediator from its List of Mediators. C. Disqualification of Mediator. Any party may request replacement of the Mediator for good cause. Nothing in this provision shall preclude Mediators from disqualifying themselves. RULE 3. THE MEDIATED SETTLEMENT CONFERENCE A. Where Conference is to be Held. Unless all parties and the Mediator otherwise agree, the mediated settlement conference shall be held in county seat of Orange County. The Mediator shall be responsible for reserving a place, making arrangements for the conference, and giving timely notice of the time and location of the conference to all attorneys, unrepresented parties and other persons or entities required to attend. B. When Conference is to be Held. The mediation shall be completed within 90 days after selection of the Mediator unless all parties to the mediation agree to a different schedule. C. Request to Accelerate or Extend Deadline for Completion. Any party or the Mediator may request the County to accelerate or extend the deadline for completion of the conference. Such request shall state the reasons the acceleration or extension is sought and shall be served by the moving party upon the other parties and the Mediator. Objections to the request must be promptly communicated to the County and to the Mediator. The County, with the concurrence of the designated Mediator, may grant the request by adjusting the time for completion of the conference. D. Recesses. The Mediator may recess the mediation conference at any time and may set times for reconvening. If the Mediator determines the time and place where the conference is to reconvene before the conference is recessed, no further notice is required to persons present at the conference. E. Project Delay. The mediated settlement conference that results from a construction contract dispute shall not be cause for the delay of the construction project. RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS A. Attendance. 1. All parties to the dispute must designate an official representative to attend the mediation. 2. “Attendance” means physical attendance, not by telephone or other electronic means. Any attendee representing a party must have authority from that party to bind it to any agreement reached as a result of the mediation. 3. Attorneys representing parties may attend the mediation, but are not required to do so. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 4. Sureties and insurance company representatives are required to physically attend the mediation unless the Mediator and all of the other parties to the mediation excuse their attendance or consent to their attendance by telephone or other electronic means. 5. The parties who attend a duly scheduled mediation conference shall have the right to recover their share of the Mediator’s compensation from any party or parties who fail to attend the conference without good cause. B. Finalizing Agreement. If an agreement is reached in the conference, the terms of the agreement shall be confirmed in writing and signed by all parties. C. Payment of Mediation Fee: Mediation Fees charged by the Mediator shall be paid in accordance with G.S. § 143-128(f1). D. Failure to Compensate Mediator. Any party’s failure to compensate the Mediators in accordance with G.S. § 143-128(f1) shall subject that party to a withholding by the County of said amount of money from the party’s payment or any other moneys owed by that party to the County. Should the County fail to compensate the Mediator, it shall hereby be subject to a civil cause of action from the Mediator for the County’s portion of the Mediator’s total fee as required by G.S. § 143-128(f1). RULE 5. AUTHORITY AND DUTIES OF MEDIATORS A. Authority of Mediator. 1.Control of Conference. The Mediator shall at all times be in control of the conference and the procedures to be followed. 2.Private Consultation. The Mediator may communicate privately with any participant or counsel prior to and during the conference. The fact that private communications have occurred with a participant shall be disclosed to all other participants at the beginning of the conference. 3.Scheduling the Conference. The Mediator shall make a good faith effort to schedule the conference at a time that is convenient with the participants, attorneys and Mediator. In the absence of agreement, the Mediator shall select the date for the conference. 4.Determining good cause for a party’s failure to appear at a scheduled mediation conference. B.Duties of Mediator. 1.The Mediator shall define and describe the following at the beginning of the conference: a.The process of mediation. b.The difference between mediation and other forms of conflict resolution. c.The costs of the mediated settlement conference. d.That the mediated settlement conference is not a trial, the Mediator is not a judge, and the parties retain their legal rights if they do not reach settlement; however, the DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 Mediator will advise all parties that failure to appear at mediation without good cause may result in imposition of sanctions and may be asserted as a bar to lawsuits by claimants who have failed to exhaust this administrative remedy. e.The circumstances under which the Mediator may meet and communicate privately with any of the parties or with any other person. f.Whether and under what conditions communications with the Mediator will be held in confidence during the conference. g.The inadmissibility of conduct and statements as provided by G.S. §7A-38.1(1). h.The duties and responsibilities of the Mediator and the participants. i.That any agreement reached will be reached by mutual consent. 2. Disclosure: The Mediator has a duty to be impartial and to advise all participants of any possible bias, prejudice or partiality. 3. Declaring Impasse: The Mediator may determine at any time during the mediation conference that an impasse exists and that the conference should end. 4. Reporting Results of Conference. The Mediator shall submit a written report to the County and the other parties within 10 days of the conference stating whether or not the parties reached an agreement. The Mediator’s report shall indicate the absence of any party from the mediated settlement conference without permission or good cause. 5. Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the conference and conduct it prior to the deadline of completion set by the rules. The Mediator shall strictly observe deadlines for completion of the conference unless said time limit is changed by agreement of the parties. RULE 6. COMPENSATION OF THE MEDIATOR The parties shall compensate the Mediator for mediation services at the rate proposed by the Mediator and agreed to by the parties at the time the Mediator is selected. RULE 7. RULE MAKING These Rules may be amended by the County at any time. Amendments will not affect mediations where claims or requests for mediation have been filed at the time the amendment takes effect . RULE 8. DEFINITIONS A. “County” shall mean Orange County North Carolina. B. “Project Designer” is that person or firm stipulated as project designer in the Contract Documents for the project. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Revised 07/20 C. “Claim” is a demand or assertion by a party seeking adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the parties to a Contract involved in the County’s building construction renovation and repair projects arising out of or relating to the Contract or the construction process. Claims must be initiated by a written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. D. “Good Cause” generally includes any circumstance beyond the control of a party, which prevents that party from meeting obligations. When good cause is asserted as an excuse for a party’s failure to appear at a mediation conference or to otherwise comply with the requirements of these Rules, the Mediator, in his or her sole discretion, will determine whether good cause exists to excuse the party’s failure to appear or otherwise comply with these rules. RULE 9. TIME LIMITS A. Any time limit provided for by these Rules may be waived or extended at the sole discretion of the County, if no Mediator has been selected, and at the discretion of the County with concurrence of the Mediator if a Mediator has been selected. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 08/11/2020 Jake A Parrott Insurance Agency Inc 2508 N HERRITAGE STREET PO BOX 3547 KINSTON NC 28502 Martha Aycock, AAI, CISR (252) 523-1041 (252) 523-0145 mparrott@parrottins.com CAROLINA CIVILWORKS INC PO BOX 80337 RALEIGH NC 27623-0337 BUILDERS PREMIER INSURANCE CO 13036 BUILDERS MUTUAL INS CO 10844 WESTCHESTER SURPLUS LINES INS 10172 2020-2021 A Y Y PCP 0004351 01 08/01/2020 08/01/2021 1,000,000 300,000 15,000 1,000,000 2,000,000 2,000,000 B Y Y CAP 0032045 01 08/01/2020 08/01/2021 1,000,000 B 10,000 MUB 0011265 01 08/01/2020 08/01/2021 10,000,000 10,000,000 A N Y PWC1012220-02 08/01/2020 08/01/2021 1,000,000 1,000,000 1,000,000 C CONTRACTOR'S POLLUTION LIABILITY G70971914 001 08/01/2020 08/01/2021 General Aggregate 1,000,000 Contr's Pollution Liab.1,000,000 Deductible 10,000 Project: Cedar Grove Septic Upgrades WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT THE FOLLOWING WORDING APPLIES: GENERAL LIABILITY - ORANGE COUNTY IS INCLUDED AS ADDITIONAL INSURED (CG8810 0413) ON A PRIMARY & NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES (CG8810 0413) AUTOMOBILE LIABILITY - ORANGE COUNTY IS INCLUDED AS AN ADDITIONAL INSURED (CA8810 1013). WAIVER OF SUBROGATION APPLIES (CA8810 1013). WORKER'S COMPENSATION - WAIVER OF SUBROGATION APPLIES (WC000313) ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 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 LIABILITY COVERAGE PART A.Section II – 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 CPP 0075018 02DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 4.The following replaces Exclusion l under 2. Exclusions of Section I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY l. 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: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F CG 70 51 06 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies 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 Included 6.Unintentional Failure To Disclose Hazards Included 7.Lost Keys Of Others $500 Occurrence/$1,500 Aggregate 8.Medical Payments $15,000 9.Broadened Mobile Equipment Included 10.Newly Formed Or Acquired Organizations Included 11.Non-Owned Aircraft Included 12.Watercraft Coverage Enhancement Included 13.Aggregate Limits Per Project Included 14.Personal And Advertising Injury - Electronic Publication Included 15.Property Damage Liability - Borrowed Equipment $25,000 16.Supplementary Payments (Bail Bonds) Enhancement $5,000 17.Damage To Premises Rented To You Limit $500,000 18.Knowledge Of An Occurrence, Claim, Or Suit Included 19.Voluntary Property Damage Coverage $5,000 Occurrence/$10,000 Aggregate 20.Waiver Of Transfer Of Rights Of Recovery Against Others Included 21.Duties In The Event Of Occurrence, Offense, Claim Or Suit Included 22.Primary And Noncontributory – Other Insurance Condition Included DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 1.Bodily Injury (Mental Anguish) SECTION V – DEFINITIONS Paragraph 3. “Bodily injury” is replaced by the following: 3.“Bodily injury” means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 2.Off Premises Care, Custody, Or Control Coverage The following coverage is added: A.We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody, control, or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This insurance applies to "property damage" only if: 1.The "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; 2.The "property damage" occurs during the policy period. This Coverage is also subject to the provisions of paragraphs B., C., D., and E. below. B.Exclusions The insurance provided by this Off Premises Care, Custody or Control Coverage shall not apply to: 1."Property damage" to: a.real property or premises owned, rented, operated, used or leased by you; b.personal property while such property was located at real property or premises described in a. above; c.any “auto” owned or operated by or leased to or rented by or loaned to: (1) your “employees”, (2) your subcontractors (3) your subcontractors’ employees (4) anyone performing work for or on behalf of your sub-contractors while such subcontractor is performing work on your behalf d.arising out of the ownership, maintenance, use or entrustment of any "auto”; e.“mobile equipment” leased or rented to you, or someone performing work on your behalf, under a short-term or long-term rental or lease agreement. f.property while it is being transported on, in, or upon any ”auto”, “mobile equipment”, watercraft, railcar or aircraft, including and during “loading or unloading.” g.premises you (sell) sold, gave (give) away or abandoned (abandon), if the "property damage" arises out of any part of those premises. h.“your work” arising out of it or any part of it whether or not “your work” was performed by you or performed on your behalf by a subcontractor; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 2 | P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F i.that particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. j.“your product”; or k.tools, “mobile equipment or any other equipment or machinery used in the construction trades that are: (1)owned by, (2) rented by, or (3) leased to, or (4) borrowed by any of your “employees,” your subcontractors or any person employed or hired by your subcontractors for or while performing work on your behalf. 2.Any claim or “suit” for “property damage” under this Off Premises Care, Custody Or Control Coverage that is also a claim for “loss” under Section 5. Voluntary Property Damage Coverage provided by this endorsement. 3."Property damage" included in the "products-completed operations hazard". 4.Any claim or “suit” arising out of the same “occurrence” where we also paid damages for “property damage” that an insured was legally obligated to pay under Coverage A (of Section I) 5.The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf: or (b) Any product manufactured, sold, or supplied by you, unless the “property damage” is caused directly by you after taking delivery of the product or completion of the work and resulting from a subsequent undertaking. C. Limits Of Insurance – The most we will pay for "property damage" under this Off Premises Care, Custody Or Control Coverage is $25,000 for each "occurrence.” The maximum amount we will pay for the sum of all damages covered under this Off Premises Care, Custody, Or Control Coverage because of “property damage” during the policy period is an annual aggregate of $25,000 D.Deductible – We will not pay for "property damage" for any one "occurrence" until the amount of "property damage" exceeds $250. If a "property damage" deductible applies to any potential claim or “suit” for an “occurrence” under Coverage A (of SECTION I), that deductible shall apply if it is greater than $250. E.Your Obligations Under this Off Premises Care, Custody, or Control Coverage In the event of "property damage" covered by this Off Premises Care, Custody or Control Coverage you shall, if requested by us, replace the property or furnish the labor andmaterials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 3 | P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 3.Incidental Medical Malpractice SECTION II – WHO IS AN INSURED Subparagraph 2. Each of the following is also an insured: a.(1) (d) is deleted in its entirety and replaced as follows: (d) Arising out of his or her providing or failing to provide professional health care services. Exclusion 2.a.(1)(d) does not apply to nurses, paramedics or emergency medical technicians (EMS) if you are not in the business or occupation of providing any such professional services. 4.Amendment Of Insured Contract Definition SECTION V - DEFINITIONS Paragraph 9.a.c. and f. of the Definitions Section is replaced by the following: 9.“Insured contract" means: a.A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; c.Any easement or license agreement; f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. (1)This paragraph f. (1) is deleted. 5.Liberalization Clause If after the effective date of this Commercial General Liability Endorsement but before the end of the policy period, we file and receive approval from the appropriate insurance regulatory authorities to use a revised Commercial General Liability Endorsement, then any provision of this revised endorsement that provides increased or broader coverage for an insured without an additional premium charge, we will automatically provide such increased or broader coverage under this endorsement as of the day the revision is effective in your state(s) shown in the Declarations 6.Unintentional Failure To Disclose Hazards SECTION IV – GENERAL LIABILITY CONDITIONS 6. REPRESENTATIONS The following is added: d.Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part solely on such failure. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 4 | P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 7.Lost Keys Of Others SECTION I – COVERAGES COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2.Exclusions:The following is added to j. (4) (4) This exclusion does not apply to the loss of or damage to keys entrusted to you in your ongoing business operations described in the Declarations. This coverage does not apply to “bodily injury” “property damage” or “personal and advertising injury” caused by misappropriation, secretion, conversion, infidelity or any act of dishonesty on the part of any Insured, employees, agents or subcontractors working on the insured’s behalf. SECTION III-LIMITS OF INSURANCE The following is added: 8. Lost Key Liability Limits The most we will pay under this insurance for the actual and necessary expense to re-key or to adjust locks to accept new keys or; if required, new locks including cost of their installation at the customer’s premises as a result of loss of or damaged keys entrusted to you by others is the limit of insurance shown below for this coverage:. $500 each occurrence $1,500 aggregate The aggregate limit is the most, subject to the each occurrence limit, we will pay for all claims for all expenses to which this insurance applies. Each occurrence and aggregate limits described above are the most we will pay regardless of the number of insured’s. The limits shown above are subject to and not in addition to the general aggregate limit shown in the Declaration of the policy. Claim payments made under these limits of insurance are part of and do erode the policy general aggregate limit of insurance shown in the declarations. 8.Medical Payments SECTION I – COVERAGES COVERAGE C – MEDICAL PAYMENTS The following is added: If Section I, Coverage C – Medical Payments is not otherwise excluded under this insurance, the Medical Expense Limit shown in the Declarations shall be the greater of: $15,000; or The amount shown in the declarations 9.Broadened Mobile Equipment SECTION V – DEFINITIONS Section V – Definitions Paragraph 12. f. (1) is replaced by the following: (1)Equipment designed primarily for: (a)Snow removal; (b) Road maintenance, but not for construction or resurfacing; or (c)Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 5 | P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 10.Newly Formed Or Acquired Organizations SECTION II – WHO IS AN INSURED Paragraph 3.and subparagraphs a., b. and c. are changed as follows: 3.Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision applies only until the 90th day after you acquire or form the organization or at the end of the policy period, whichever is earlier. b.Coverage A does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization; and c.Coverage B does not apply to “personal and advertising injury” arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations. 11.Non-Owned Aircraft The following is added to Subparagraph g. of 2. Exclusions of SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (6)An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by the insured. 12.Watercraft Coverage Enhancement Sub-paragraph (2) of paragraph g. Aircraft, Auto Or Watercraft of paragraph 2. Exclusions of Section I - Coverage A are replaced by the following: g. Aircraft, Auto, Or Watercraft (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; 13. Aggregate Limits Per Project A.For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (Section I), and for all medical expenses caused by accidents under Coverage C (Section I), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to you, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Single Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under Coverage A, except damages because of 'bodily injury” or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a.Insureds; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 6 | P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F b.Claims made or "suits” brought; or c.Persons or organizations making claims or bringing "suits.” 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit of any other separate construction project away from premises owned by or rented to the insured. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under Coverage A (Section I),and for all medical expenses caused by accidents under Coverage C (Section I), which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Single Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of “bodily injury” or "property damage” included in the "products-completed operations hazard,” regardless whether such liability arose from: 1.any construction project from premises owned by or rented to you; or 2.any construction project away from premises owned by or rented to you will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D.If a single construction project away from premises owned by or rented to you has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same single construction project. E.The provisions of Limits of Insurance (Section III) not otherwise modified by this endorsement shall continue to apply as stipulated. 14.Personal And Advertising Injury - Electronic Publication A.Sub-paragraphs b., d., and e of paragraph 14. “Personal and Advertising Injury” (of Section V–Definitions) are replaced by the following: b.Malicious prosecution or abuse of process; d.Oral, written, televised, videotaped, or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products, or services; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 7 | P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F e.Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; B.The following offense is added under the list of offenses under paragraph 14. “Personal and Advertising Injury” (of Section V – Definitions): h.Discrimination or humiliation that results in injury to the reputation of a person, but only if such discrimination or humiliation is: (1)Not done intentionally by or at the direction of: (a)An insured; or (b)Any "executive officer" director, stockholder, partner or member of the insured; and (2)Not directly or indirectly related to the employment, prospective employment, or termination of employment of any person or persons by any insured. C.Sub-paragraphs b. Material Published With Knowledge Of Falsity and c. Material Published Prior To Policy Period of paragraph 2. Exclusions of Section I – Coverages. Coverage B - Personal And Advertising Injury Liability are replaced by the following: b.Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first utterance, publication, or broadcast took place before the beginning of the policy period; 15.Property Damage Liability - Borrowed Equipment The following is added: “Property Damage“ to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for “property damage” to any one borrowed equipment item under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, and contingent or on any other basis. 16.Supplementary Payments (Bail Bonds) Enhancement Sub-paragraph b.of paragraph 1. of SUPPLEMENTARY PAYMENTS – COVERAGES A And B (of SECTION I) is replaced by the following: b.Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 8|P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 17.Damage To Premises Rented To You Limit If damage by fire, lightning, “explosion” or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner under Coverage A is not otherwise excluded from this insurance, the following applies: A.The last paragraph of Coverage A (Section I) – Paragraph 2. Exclusions –is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. B.Paragraph 6. of Section III - Limits of Insurance – is replaced by the following; 6.Subject to paragraph 5. above, the Damage To Premises Rented To You Limit The most we will pay for Fire Damage Limit is $500,000 under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by fire, lightning, “explosion”, or sprinkler leakage, while rented to you or temporarily occupied by you with the permission of the owner. C.Sub-paragraph b.(1)(b)of Condition 4. Other Insurance (Section IV - Commercial General Liability Conditions).is replaced by the following: (b)That is Fire, Lightning, “Explosion” or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D.Paragraph 9.a. of the definition of “insured contract” in Section V-Definitions is replaced by the following: 9.“Insured Contract” means: a.A contract for the lease of premises. However, that portion of the contract for the lease of premises that indemnifies any person or organization for damages by fire, lightning, “explosion” or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an “insured contract”; E.The following definition is added to Section V – Definitions: 23. "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. a."Explosion" does not include any of the following: Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; b.Rupture or bursting of water pipes; c.“Explosion” of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or d.Rupture or bursting caused by centrifugal force. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 9|P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 18.Knowledge Of Occurrence, Claim, Or Suit SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS – AMENDMENTS The following is added to paragraph 2. e.The Duties in paragraph 2. do not apply until after the “occurrence” or offense to: (1)You, if you are an individual; (2)A Partner, if you are a partnership; (3)An “executive officer” or insurance manager, if you are a corporation; (4)Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. 19.Voluntary Property Damage Coverage: The following coverage is added: At your request, we will pay for "loss" to tangible property of others arising out of your business operations. The most we will pay for this coverage is $5,000 for each "occurrence” with a $10,000 aggregate limit during the policy period. The "loss" must occur during the policy period and in the “coverage territory.” "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction, theft, or voluntary parting with property as a result of trick, scheme, or false pretense. Voluntary Property Damage Coverage does not apply to: A.Damage arising out of the ownership, maintenance, use, or entrustment of any "auto"; B.Property you own, occupy, rent or lease from others, or C.Property on your premises for sale, service, repair or storage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to this Voluntary Property Damage Coverage. The limits of coverage stated above shall not be reduced by the amount of this deductible. 20.Waiver Of Transfer Of Rights Of Recovery Against Others Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us (of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) The following is added: We will waive any right of recovery we may have against a person or organization because of payments we have made under this insurance for injuries or damages arising out of “your work” done under a written contract with that person or organization provided that: a.Such written contract with that person or organization contains a contractual provision that prevents you from exercising your right(s) of recovery against such person or organization Our waiver of any right of recovery as stated above only applies to that person or organization identified above and only if the injury or damage occurs during the policy period and subsequent to the execution of such written contract. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 10|P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 21.Duties In The Event Of Occurrence, Offense, Claim, Or Suit Paragraph 2.a., SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, The following is added to a. Knowledge of an “occurrence”, claim or “suit” by the agent, servant or “employee” of any insured shall not in itself constitute knowledge of the insured unless; •You, if you are an individual; •A partner, if you are a partnership; •A member or manager, if you are a limited liability company; •An executive officer or designee, if you are a corporation; •A trustee, if you are a trust; or •A designee, if you are any other type of organization. shall have received notice from its agent, servant or “employee.” Paragraph 2.b., SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, The following is added to b. Knowledge of an “occurrence”, claim or “suit” by the agent, servant or “employee” of any insured shall not in itself constitute knowledge of the insured unless; •You, if you are an individual; •A partner, if you are a partnership; •A member or manager, if you are a limited liability company; •An executive officer or designee, if you are a corporation; •A trustee, if you are a trust; or •A designee, if you are any other type of organization. shall have received notice from its agent, servant or “employee.” 22.Primary And Noncontributory - Other Insurance Condition The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 11|P a g e DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84)Copyright 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT 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. A.Blanket Additional Insureds Included B.Employee Hired Auto: Liability Included Physical Damage Included C.Limited Liability Company As An Insured Included D.Newly Acquired Or Formed Entities: Included E.Supplementary Payments: Bail Bonds $3,000 Reasonable Expenses Due to Our Request $500 Per Day F.Hired Autos Physical Damage: Lesser of $50,000 or ACV Loss of Use $75 Per Day/ $750 Per Loss G.Towing And Labor Private Passenger Types / “Light Trucks” $75 Per Disablement / $300 Total Other Than Private Passenger Types / “Light Trucks” $150 Per Disablement / $300 Total H.Personal Effects $500 I.Transportation Expenses – All Vehicle Types Temporary Transportation $75 Per Occurrence / $750 Total Return of Stolen Auto $5,000 J.Rental Reimbursement – Private Passenger Type / “Light Truck”$75 Per Day / $750 Per Occurrence K.Electronic Equipment Included L. Loan / Lease Gap Coverage Included M.Glass Repair Comprehensive Deductible Waived N.Waiver Of Subrogation Included O.Unintentional Omissions Included COMMERCIAL AUTO CA 30 00 07 14 CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 6 with its permission DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F This endorsement modifies insurance provided under the following: A.BLANKET ADDITIONAL INSUREDS Under Section II – LIABILITY COVERAGE A. Coverage 1. Who Is An Insured is amended to include as an additional “insured”: Any person or organization with who is required under a written contract with you to be included as an “insured” under this policy, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. This coverage shall be primary and not contributory with respect to the person or organization included as an “insured” under this section. Any other insurance that person or organization has shall be excess and not contributory with respect to this insurance, only if it is required in the written contract, permit, or agreement identified in this section and is allowed by law. B.EMPLOYEE HIRED AUTO The following is added to Section II – LIABILITY COVERAGE A. Coverage 1. Who Is An Insured: e.An “employee” of yours is an “insured” while operating a covered “auto” hired or rented under an agreement or contract in that “employee’s” name, with your permission, only when performing duties related to the conduct of your business. Section IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is deleted and replaced by the following: b.For Hired Auto Physical Damage Coverage, the following are deemed covered “autos” you own: (1)Any covered “auto” you lease, hire, rent, or borrow; and (2)Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee’s” name provided your permission has been given and the “employee” is performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented, or borrowed, with a driver, is not a covered “auto”. C.LIMITED LIABILITY COMPANY AS AN INSURED The following is added to Section II – LIABILITY COVERAGE A. Coverage 1. Who Is An Insured: f.If your business is structured as a Limited Liability Company, you are an insured for any covered “auto”. The section Who Is An Insured that applies to anyone else using a covered “auto” you own, hire, or borrow also applies to Limited Liability Companies. The members and managers of the Limited Liability Company are also “insureds” while using a covered “auto” you do not own, hire, or borrow, but only during the course of their employment duties for you. However, members and managers are not an “insured” for any covered “autos ” owned by them or members of their household. CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 2 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F D.NEWLY ACQUIRED OR FORMED ENTITIES The following is added to Section II –LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured: g.Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, “insured” does not include any organization that: 1. Is a partnership or joint venture; or 2. Is an insured under any other automobile policy; or 3.Has exhausted its Limit Of Insurance under any other automobile policy. Paragraph g.2. of this provision does not apply to a policy written to apply specifically in excess of this policy. This automatic coverage is afforded for only 180 days from the date of acquisition or formation. However, coverage under this provision does not apply if there is similar insurance or a self-insured retention plan available to that organization. E.SUPPLEMENTARY PAYMENTS Section II – LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are deleted and replaced by the following” (2)Up to $3,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the insured at our request, including the actual loss of earnings up to $500 per day because of time off from work. F.HIRED “AUTOS” – PHYSICAL DAMAGE COVERAGE The following is added to Section III – PHYSICAL DAMAGE COVERAGE, A.Coverage,1.: d.Hired Autos You may extend the Comprehensive, Specified Causes Of Loss and Collision Coverages provided on your owned autos” to any “auto” you rent, hire, lease, or borrow from someone other than your employees, partners, or members of their respective households. Any “auto” you rent, hire, lease, or borrow is deemed to be a covered “auto” you own. Any “auto” that is rented, hired, leased, or borrowed, with a driver, is not a covered “auto”. (1)This extension only applies to “autos” you rent, hire, lease, or borrow for less than 30 consecutive days. (2)The most payable for an individual “loss” is the lesser of $50,000, the actual cash value of the “auto”, or the cost to repair or replace the “auto” less the deductible as determined below: a.The deductible shall be the same as the amount of the highest deductible for any owned “auto” of the same classification for that coverage. In the event there is no owned “auto” on the policy of the same classification, the highest deductible of any owned “auto” will apply for the particular coverage b.No deductible will apply to a “loss” caused by fire or lightning. (3)Coverage under this extension will: a.Be excess over any other collectible insurance you have; b.Pay in addition to the limit in (2). above, up to $75 per day and no more than $750 per loss for: 1. Any costs or fees associated with the “loss” to a hired “auto”; and CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F 2.Loss of use, provided it is the consequence of an “accident” for which you are legally liable and which results in a monetary loss to the leasing or rental concern. G.TOWING AND LABOR Section III – PHYSICAL DAMAGE COVERAGE, 2. Towing, is replaced by the following: We will pay towing and labor costs incurred up to the limits shown below each time a covered “auto”, classifies and rated as a private passenger type or “light truck” is disabled: a.For vehicles classified and rated as private passenger types or “light trucks”, we will pay up to $75 per disablement. b.For vehicles classified as other than private passenger type or “light truck” we will pay up to $150 per disablement. c.The most we will pay during the policy period is $300 in total, regardless of the number of disablements or the types of vehicles involved However, the labor must be performed at the place of disablement. Section V – DEFINITIONS is changed by the addition of the following: Q.“light truck” means a truck with a gross vehicle weight (GVW) of 10,000 pounds or less. 1.If registered in North Carolina, the gross vehicle weight (GVW) must be 14,000 pounds or less. H.PERSONAL EFFECTS Section III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is changed to add the following: c.If Comprehensive or Specified Causes Of Loss Coverage is provided for a covered “auto” you own under this coverage form and that covered “auto” is stolen, we will pay up to $500, without application of the deductible for the personal effects stolen from that covered “auto”. This does not include money, jewelry, securities, or tools. This coverage is excess over any other valid and collectible insurance. money, jewelry, securities, or tools. This coverage is excess over any other valid and collectible insurance. I.BROADENED TRANSPORTATION EXPENSES -ALL VEHICLE TYPES Section III – Physical Damage Coverages, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses is replaced in its entirety as follows: a. Transportation Expenses We will pay up to $75 per day and no more than $750 per occurrence for Broadened Transportation Expenses for temporary transportation expenses incurred by you because of the theft of a covered “auto” of any type. We will pay only for those covered “autos” for which you carry either Comprehensive, Specified Causes Of Loss, or Collision Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss”. Additionally, we will pay for the expense of returning a stolen covered “auto” to you. The maximum amount we will pay for returning a stolen covered “auto” under this coverage extension is $5,000 J. RENTAL REIMBURSEMENT Section III – PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: 5.We will pay for rental reimbursement expenses incurred by you up to the limits shown below for the rental of an “auto” because of a “loss”, other than total theft, to a covered “auto” classified as a private passenger type or “light truck”. a. For which you carry either CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 4 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F Comprehensive or Specified Causes Of Loss Coverage if the “loss” arises from such coverage; or b.For which you carry Collision Coverage if the “loss” arises from such coverage. We will pay only for those expenses incurred during the policy period beginning 24 hours after the “loss” and ending, regardless of the the policy’s expiration, when the covered “auto” is repaired or replaced, or we pay for its “loss”. This coverage does not apply while there are spare or reserve “autos” available to you for your operations. The most we will pay for rental reimbursement expenses is $75 per day with a maximum of $750 per occurrence. K.ELECTRONIC EQUIPMENT – BROADENED COVERAGE Paragraph 4.c. of Section III – PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is revised by adding the following: This exclusion as it relates to electronic equipment that receives or transmits audio, visual or data signals does not apply if said equipment is permanently installed in a covered “auto”. L.LOAN / LEASE GAP COVERAGE Section III – PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance is Amended by the addition of the Following to paragraph 1.: c.Balance due under the terms of the loan or lease which the damaged covered “auto” is subject to at the time of the “loss” less: (1)Overdue payments and financial penalties associated with those payments as of the date of the “loss”, (2)Financial penalties imposed under a lease due to high mileage, excessive use, or abnormal wear and tear, (3)Costs of extended warranties, Credit Life Insurance, Health, Accident, or Disability Insurance purchased with the loan or lease, (4)Transfer or rollover balances associated with prior loans or leases, (5)Final payment due under a “Balloon Loan”, (6)The dollar amount of any unrepaired damage which occurred prior to the “total loss” of a covered “auto”, (7)Security deposits not refunded by the lessor, (8)All refunds payable or paid to you resulting from the early termination of any warranty or extended service agreement on a covered “auto”, (9)Any amount representing taxes, or (10)Loan or lease termination fees. This coverage only applies to the original loan or lease written on a covered “auto”. Section V – DEFINITIONS is changed by the addition of the following: R.“Total loss” means a “loss” where the cost of repairs plus the salvage value exceeds the actual cash value. S.“Balloon Loan” means a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. M.GLASS REPAIR Section III – Physical Damage Coverage, D. Deductible, is replaced by the following: D. Deductible For each covered “auto”, our obligation to pay for, repair, return, or replace damaged or stolen property will be reduced by the deductible for the coverage as shown on CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 5 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F the Declarations Page. Any Comprehensive Coverage deductible shown on the Declarations Page does not apply to “loss” caused by fire or lightning. Additionally, the Comprehensive Coverage deductible does not apply to glass, only when that glass is repaired. Should the glass be replaced, the applicable Comprehensive Coverage deductible will apply. N.WAIVER OF SUBROGATION Section IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced by the following: 5.Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization because of payments we make for “bodily injury” or “property damage” arising out of a covered “auto” only when you have assumed liability for such “bodily injury” or “property damage” under an “insured contract”. In all other respects, if a person or organization to, or from whom, we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. This provision only applies if the written Contract, permit, or agreement has been Executed or issued prior to the occurrence of any “bodily injury” or “property damage”. O.UNINTENTIONAL OMISSIONS The following is added to Section IV – Business Auto Conditions, B. General Conditions, 2. Concealment, Misrepresentation,Or Fraud: We will not deny coverage under this policy if you fail to disclose all hazards existing as of the inception date of the policy, as long as such failure is not intentional. . CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 6 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 DocuSign Envelope ID: 5DECCDF3-ABBE-4B47-98AD-0135188F2D1F