HomeMy WebLinkAbout2021-654-E-AMS-Brown Brothers Plumbing & Heating-Install ADA accessable water fountains
Revised 06/21
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[Departmental Use Only]
TITLE Water Fountains
FY FY2021-22
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER $250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 15th
day of November, 2021, by and between Brown Brothers Plumbing & Heating Co., 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 N/A (Sheet dated )
b. Written specifications prepared by the project engineer.
c. Brown Brothers Plumbing & Heating Co., Inc. proposal dated October 28, 2021 which
fully describes the work to be performed. Such work will hereafter be called the “Work”.
d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
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a. The Contractor agrees to commence work pursuant to the written Notice to Proceed.
b. The Contractor agrees to complete substantially all Work by June 30, 2021.
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.
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
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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 Twenty Four Thousand Five Hundred Fifty Five Dollars ($24,555.00). 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 PO Box
8181, Hillsborough NC 27278 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.
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
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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.
b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of
the Contract and payment of all obligations arising under any of the Contract Documents
or related in any way to the Work. Contractor shall immediately furnish a copy of such
bonds to any requesting person who appears to be a potential beneficiary of bonds
covering payment obligations arising under any of the Contract Documents. This
subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more
where the total cost for the project is three hundred thousand dollars ($300,000.00) or
more.
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, loss es 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.
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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 stating 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
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 claim 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 or not appropriated for the performance of
Owner’s obligations under this Agreement, then this Agreement shall automatically expire
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without penalty to Owner immediately upon written notice to Contractor of the
unavailability or 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.
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 Brown Brothers Plumbing & Heating Co., Inc.
Attn: A.Barnes Attn: Jeff Addison
P.O. Box 8181 PO Box 15668
Hillsborough, NC 27278 Durham, NC 27704-0668
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
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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.
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 authority 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:
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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.
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 th e 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.
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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
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
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Project ManagerJeff Addison
11/8/202111/11/2021
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Brown Brothers Plumbing & Heating Co., Inc. Party/Vendor Contact Person: Jeff Addison
(jeffa@bbph.com) Contact Phone: 919.220.2554 Party/Vendor Address: PO Box 15668 City Durham State: NC Zip: 27704-
0668 Department: AMS Amount: $24,555.00 Purpose: Install ADA accessable water fountains at Dickson House Public
Restroom, and Farmers' Market Pavilion Public Restroom Budget Code(s): 61370035-880000-30001 Vendor # 35730 (N/A if
new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment
Effective Date 11/15/2021 Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only,
Approved by Board in Current FY Budget Yes No
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:_________
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11/10/2021
11/10/2021
11/11/2021
11/11/2021
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---OP ID: DLACORD
l\--l GERTIFIGATE: OF LIABILITY INSURANCE DATE (MM/DD/YYYYI
12t22t2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INF()RMATION 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 POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSU|NG TNSURER(S), AUTHORIZED/.-qPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
,PoRTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Diversified Insurance
Solutions LLC
P. O. Box 15734
Durham, NC 27704-
Diane S. Long
UUNIAGI
NAME:Kirk Brown
iAJS.nN'o. E,o,g1g-471-9222 | li6. '"', 919-471-6607
iiffilss, kbrown@diversei ns.com
6ilXi3;E[ rn t, BROWBRO
INSURER(S} AFFORDING COVERAGE NAIC #rNsuRED Brown Brothers Plumbing and
Heating Company, Inc.
2820 N. Roxboro Road
Durham, NC 27704
TNSuRERA: Builders Premier Insurance co.10844
rNsuRER B '
Builders Mutual Insurance Co,10844
tNsuRERc'Hiscox Pro 44318
tNsuRER D : Travelers Propeftv/Casualtv 361 61
INSURER E :
INSURER F :
CER'IIFICATE NUMEIER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE I-ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TER:M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSiURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS |]HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
LTR TYPE OF INSURANCE
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INSP POLICY NUMBER .M
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E L, EACH ACCIDENT s 1,000,00(
E L DISEASE - EA EMPLOYEI s 1,000,00(
E L DISEASE. POLICY LIMIT 1,000,00(
c
D
rollution/Profess.
Ihird Party Crime
ANE2i26643820
1 06446766
06/03/2020
01t20t2021
06/03/2021
0112012022
Occ/Aggr. 2,000,00(
100,000 5000'ded
DEscRtpTtoN oF opERATtoNs / LocATtoNs / vEHlc_LEs (Attach AcoRD 101, Addltlonal Remarks scheduls, lf moro spacs i3 required)
5.gg;t"W"fftth l%?Jllh:18#*'fi"t addition ar insured per the attached
CERTIF
ORANCOT
Orange CountY
Attn: County Manager
200 S. Gameron St.
P.O. Box 8181
Hif lsborough,NC 27278
@ 1988-2009 ACORD CORPORATION' All rights reseryed'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVEbil^"i.r"":; p4*_ .{
ACORD 25 (2009/09)The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED
NOTEPAD tNSUREo's NAME Brown Brothers Plumbing and
BROWBRO
OP lD: DL
PAGE 2
12122t2020
following forms apply if required by written/executed contract, before
loss:itional Insured for General Liabil:Lty ongoing 6 completed operations
Primary & Non-contributory wording: CG7034(07l09) | CG1O24 (03/09) and
001 (4/13) .
anket Additional Insured applies to Contractors Pollution Liability for
going & Completed Operations, when :required by written contract.
ignated Insured for Auto Liability: CA2048 (O2/99') .
nket Waiver of Subrogation for General Liability: CG7051(06/15).
t Waiver of Subrogation for Wor.kers Compensation: WC 000313 (O4/84'l '
Ianket waiver of Subrogation for contractors Pollution Liability.
tractorE Pollution Liability: Self-Insured Retention $2,500.
tractors PolJ-ution Liability: Includes Motd Liability at $2,000'000.
tractors Pollution Liability: MoId deductible $2,500.
nket Additional Insured on Automobile Liability, with Prirnary and
-contributory wording, Per attached forrn CA300O (07 /LA) .
lla follows forrn for General Liability, Automobile Liability and
rkers Compensation.
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED
BUILDERS PREMIER INSURANCIE CO.Post Office Box 150OO5
Raleigh, North Carolina 27624_cic,0'
Policy Level Forms
Commercial Fire FormscPo010 (o+1s21cP1218 (oe/951rL0269 (oz 1s2)rL50L4 (ot/1,6)
General Liability Formsceo001 (04/t3)ce2o37 (o+1131
cc2r49 (og/gg)cc21_87 ( orlrs )cG2s04 (os/os)ce7034 (07 /09 )IL0017 (L1,/s8)
Inland Marine FormscMo00L (06/ss)rLo259 (o+/9s1
PCMo023 (os/oz)
POLIICY FORMS SGHEDULE
cPo03 O (04/ o2t,)
CP9903 (i) /i al\__a +J IILo93s (ot /s2)PrL002oNc (ot /sa1
ceo300 (ot/e6)
cc203 I (04/:.3)cc2Ls4 (ot1s51cc2!s6 (E/os)ce7024 (ot/se1cc70s1 (0e1157
rL0 02 L (og / oet
cMo103
TT.n o2 tr
PCMo042
(ot /ss) cPo118
(07 /08) rl,ooo3
( orlrs ) rloees
(o+113 ) cezoro(05/74) cczrog(t2/04) Cc2L7o
(r0 / 0i,) ceT4o4
(ot /og) cc7031(10/171 cG7!37(og/oe) rL12o1
(t21191 rl.ooo3(0t1151 rl.oegs
cPo090
EMo001
ILo 952
cc2001
cG2106
cG2!67
cG2294
cG703 0
L9 / TIU
ILO269
(10/sq1
(ot I s21
(oL/ ot)
(04 / t3)
\vo/J_5,
In1 ,/1tr\
(os / oe)
(ot 7 se1
(1n/11\
(1rls51
(o+ / es1
(ot/s71
cP1030
I!UUJ. /
rL5006
cG2032
'wz!+ I
cG2186
cc2503
cG7032
rL0 0 03
IL6005
rl,o017
PCMo018
(o+ 1 s21
\lLl>aj)
(ot 1 1s1
(04 / t3)
Itz1s71
(!2 / 04)
( osTee I
(ot 1 se1
( osTes 1
(orl1s1
(t t1es1
(r0 / ee)
fssued Date: 12l19 /ZOZOscHED 0696
(rt/951 cM990s(Ae/ga) rr,ogsz
(ot / s41
Policy Number: pcp ooooo55 12
Named Insured: enowN enorHERS pLUMBING
Agent: oveRsrrreo rrusuRANCE soLUTtoN
TNSURED COPY Page 38 of 38
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED
COMMERCIAL GENERAL LIABILITYTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the forowing:
COMMERCIAL GENERAL LIABILII-Y COVERAGE PART
Except as otherwise..stated in this enclorsement,the terms and conditions ot ine'-po]i"]r".pp,v ,othe insurance stated below. - r-'!y.' r
The following is added to_the Commercial General
i^13?,i'AE":""erase Form, section'ii _-r,Vfrb rs nr.r
This insurance does not apply:
a. f9 any ,,occurrence,, which takesplace after the equipmani leaseexpires;
b. .injury,, or .,property
stng out of the sole
-of the person orTrom whom equipment
eo.
not aprply tonew consitruction
ed by or for that
This insurance does not apply to:
a. Any ,,occurrence,, which taker; placeafter you cease to Oe a tenant'jn that
cG 70 34 07 0g
premises.
b. Structural alterations, newconstruction or demolition operationsperformed by or on oehati-J tneperson or organization from *nornyou lease property.
7. Tl" person(s) or organization(s) fromwhom land is...teased but only withrespect to liability arising o"i"tf tn"ownership, maintenanc" o-r tl* oJ' tn"tpart of land leased to you. fne-tJfowingadditional exclusions a-pply:
This insurance does not apply to:
a. Any ,,occurrence,, which takes placeafter you cease to lease tn"l i".ol
b. Structural alterations, newconstruction or demolition -
operationSperformed by or on behali oi- tn"person or organization from whomland has been ieased
8. lry ",.rF or potiticat subdivision subiectto the foilowing addition.f pr"ui"io#",
This ins_urance applies only with resoect
l?_jh. foilowins hazards ?"r- *irciiin"srare or political subdivision has issued apermit in connection with p."rni"E-uo,own, rent, or control and io which [hisinsurance applies:
a. The existence, maintenance, repair,construction, erection, o|- ."rno,r"l- ofad,vertising signs, awnings, "rn"pi"",cellar entrances, coal frbtes,driveways, manholes, rnrrqrll",hoistaw.ay openings,
"io"*.r['"-",]rt",street banners, or decorations lnosimilar exposures; or
b. The construction, erection, or removalof elevators; or
c. The ownership, maintenance, or useor any elevators covered 'by tni"Insurance.
Incrudes copyrighted materiar of Insurance services office, rnc., with its permission.copyright, Insurance s.-i.." Gi"!li*.. ,l"",
Page 1 of 2
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED
"' f_t architect,. rengineer or surveyorengaged by vou butb_nly witri re!'pect toliability arisinq out of your premises or"your work,'.
This.. insurance, with resperct to sucharchitects, enginot apply to '
damage,',
injury,' aris
failure to ren
by or for you
a. The prep rr failing toprepare
drawings aPS' shoP
fietd ;; s, surveys,
drawinss 1i"""fi' or
b. Supervisory, inspection, architecturalor engineering rctivities
1O.Any person or organization other than anarchitect, engineer or. "urv"y,o.,-'rini.nrequires in a "work contract,i that- sucn
l^t".9", or. organization be ;;r:'"nrnsured under this policy. ffow,evJi-sucnperson or organization shall Ue an-ins-uieoonty with respect to ."""i.J' ::oftirv
itiu..y", "property damage,,, -;p"Llon",
and advertising in.iur,:- '",ri""]] inwhole or in part, by:
a. your acts or omissrons; or
b. The acts or omissions of those actingon your behalf:ln the perFormance of your ongoingoperations for the ,aOOiionafinsu.red(s) onty at the -;;c;;on
designated by the ,,wort< cont.JJtT"'
The coverage afforded to such person orapply to ,,bodily
mage", .'personal
occurring after theg times:
a. When ,,your work', under the ,,workcontract', (other than
""rvi-cl,maintenance or repairs) nas- Oeincompleted.
b. Ih,"n that portion of ,,your work,,under the ,.work contrictii "ut-'"tyl]".h any injury or damage iri"*has been put to its. intendei-";; byany person or organization oflrer thananother contractor or subci,nt;;;,engaged in performing operatjons-f;.a principat as a part dt tn,
"Lrn1project.
c. When our coverage for you under thispolicy or aterminates aother insura,.Work contr
agreement inwork perform
behatf.
11. Any person orare obligated
"insured contrsuch as is affordolly with respeo! the ownership,
of that part of any premises or landleased to you.
This does not apply to:
a. Any ,,occurrence,, that takes placeafter you cease to be "-i"n",it onthose premises, or cease to lease theland; or
b. Structural alterations, newconstruction or demolition' operations
l^T.?IT"d by < r on behatf of suchInsured.
SECTION V-DEFINITIONS
The following is added:
23.,,Work contract,, means a writtenagreement into which you enterfor work performed OV V", "-i "nyour behalf
cc 70 34 07 09
Includes copyrighted materiar of Insurance services office, rnc., with its permission.copyright, Insurance s"-i.L" Gi.!li*., ,|"sz
Page2ol 2
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED
PCP OOOOO5S 12
THIS ENDORSEMENT CHI\NGES THE POLICY.
COMMERCIAL GENERAL LIABILITY
PLEASE READ IT CAREFULLY.
contractor's Btanket Additionar Insured EndorsementProducrts - Completed Operati"nr-e-
This endorsement modifies insurance provided under the fotowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ins
wronl forrth d
yrxist:;r::H:tJHJ:?g:: required to add an additionat insured on this poricy, the wrinen contract or
1 ' Currenty in effect or becoming effective during the term of this poricy;2' Executed prior to a "bodily injury" "occurrence" or "property damage,, ,,occurrence,,to whichthis insurance would apply; anO
- i
3. Between a Named Insured ernd 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 negligencespecifically resulting from "y'our work" for the additional insured as detailed in the writtencontract or written agreement.
2. The Limits of Insurance (Section lll) is amended to include:
Thecont e written
of th eclaration
not i and are
lll _ Section
3' The insurance provided to the additional insured does not apply to ,.bodily injury,, or ,,propertydamage" arising out of the rendering of, or the failuie to render Lny proie6sional services by youor on your beharf, but onry urith respect to the foilowing operations:a' Providing engine'ering, architectural or surveying services to others in your capacityas an engineer, errchitect or su veyor; andb' Providing, or hiring independent professional firms to provide, engineering,architecturar or srLrrvsying services in connection with construction work youperform.
professional services include:
c' The preparing, approving, fairing to prepare, approve, maps, shop drawings,opinions, reports, surveys, fieldtrders, change orders, or drawings andspecifications; and
d' superuisor or inspection activities performed as part of any related architectural orengineering activities.
e' However, professional services do not include services within construction means,m.ethods, techniques,.sequences and procedures empr,cyeo Lvl"u in connectionwith your operaticlns in your capacity as a construction contractor.
Includes copyrighted materier of Insurance services office, Inc., with its permission,
Copyright, Insurance Services Office, Inc.. 1997
cG 70 24 03 09
Page 1 of2
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED
4'
I^lr.ur;{l"xJJ"*JRg3:..'Vtjr"il1u='ri^i2'€xcrusions of section | - ..VERAGE A BoDrLy
l. Damage to your Work
5. Wh ,arising out of it or any
inju rovided for ,,bodily
not hazard,,, coverage willa' The period of time required by the written contract or written agreement; oro
5iYr"."n"'" IEf :?L:Lgl':J:g#Xiur work" on ,n" project that is the subject or the6. A.ly coverage provided to ilreorner insurance naming the aor.on any other basis, unle ntpolicy period and executedinsurance be provided on elfl-
7 ' The insu.rance provided in this endorsr
- loncontributory basis.
l:rg;" t':"in6'"y,or"your,";;k;;;;-,,ff#:Xil:lltrEJ8,.j;:,jy,,,?Sy#:'Bi:8i# n,"ffiiltJ:J'::i
':Ij[t"!:ime
contract-r, proiect -.""s;;-o*n., or a construction project in8' The followins is added to slicrloN tv- coMMERcTAL GENERAL LrABrLrry coNDrroNs,Paragraph 2., Duties rn rrre-Evenl oi b""urr"nce, offense, craim or suit:
" "s#:ll:nal insured under this endorsement must compty with a1 provisions of this
f' The company may audit or require a copy of the contract.
Includes copyrighted materriar of Insurance services office, Inc., with its permissron.Copyright, Insurance S )rvices Office, Inc., 1997
cG 70 24 03 09
Page 2 of 2
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED
cG 70 51 06 15
COMMEIRCIAL GENERAL LIABILITY
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance-provided under the forowing:
rH,sENDosslillii.gllft EtEH!.Jtiiivi,tEx5Et?i^5iii;;,,,.,."
SUMMARY OF COVEMGE AND INDEX
ThisThis is provided by this summary.cond is subject to all limitations indmodi
:ily,f:8,:i;::l,fXio, o,
INDEX
IncludedCoverage $25,000ion iffil3:3
6. Unintentionar Fairure To Discrose Hazards Included
7- Lost Keys of others 'v'vrt- ! rq.crr(r.'
Gcnn a------ Included
8. Medical'payments $500 Occurrence/$1,500 Aggregate
g. Broadened Mobile Equipment $15,000
10.Newty Formed or AcquireJorsanizatior s iffil3:311.Non-Owned Aircraft Included
Included
Included
nic publication Included
se, Claim Or Suit Included
urance Condition Included
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED
COMMERCIAL GENERAL LIABILITYcc 20 01 04 1g
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the fo'owing:
COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COM PLETE O OPCNNiI O-G L IABI L ITY COVE RAGE PART
The following is added toCondition and supersedes
contrary:
the Other Insuranceany provision to the
(2) You_ have agreed in writing in acontract or agreement that this insur_ance would be prrmary and would notseek contribution from any other insur_ance available to the additional insured.
Primary And Noncontributory Insurance
This insurance is primary to and will notseek contribution from any other insuranceavailable to an additionit insured ;;;",your policy provided that:
(1) The additional insured is a Named ln_sured under such other insurance; anJ
cG 20 01 04 13 @ lnsurance Services Office, lnc.,2012 Page 1 of 1
DocuSign Envelope ID: B7381AEC-E679-45FA-BF19-5330409B74ED