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HomeMy WebLinkAbout2023-176-E-AMS-Advanced Door Automation-County Attorneys office swing operation for front doorRevised 04/23 1 [Departmental Use Only] TITLE 2022/2023 FY HRR Door ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and Advanced Door Automation (the "Provider"). W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Door opener for the County Attorneys Office and Human Rights and Relations office at 1000 Corporate Drive. The term of this agreement rendered shall be from 04/17/2023 to 05/17/2023. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1.Payment: The County agrees to pay at the rates specified for Services satisfactorily (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Three Thousand Two Hundred and Seventy Eight Dollars, ($3278.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2.Non–waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3.Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4.Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F Revised 04/23 2 incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here Alan Dorman (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5.Indemnity: To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 6.Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7.Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8.Governing Law and Priority: Both parties agree this Agreement is governed by the laws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. 9.Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F Revised 04/23 3 10.Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Peter Lawson P.O. Box 8181 PO Box 61678 Hillsborough, NC 27278 Durham NC, 27715 DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F 4/25/2023 4/27/2023 Revised 04/23 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Advanced Door Automation Vendor Contact Person: Dan Mackey Phone: 919-384-0323 Address: PO Box 61678 City Durham State: NC Zip: 27715 Department: AMS Amount: $3278.00 Purpose: County Attorneys Office-Swing Operator for front door Budget Code(s): 61370035-880000-30001 Vendor # 63211 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) -Policy 9.4:Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: 04/17/23 05/17/23 NA X X DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F 4/19/2023 4/26/2023 4/26/2023 Revised 04/23 5 Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F Advanced Door Automation PO Box 61678 Durham, NC 27715 www.advanceddoornc.com Contact:Daniel Mackey Phone:+19193840232 Email:dmackey@advanceddoornc.com PO Box 61678 | Durham, NC 27715 | 919-384-0232 | www.advanceddoornc.com This proposal is valid till Wednesday, May 17, 2023 Quote: DQ026853-1 | Printed: 4/17/2023 9:00 AM Job:Prepared For: Department of Human Rights and Relations 1000 Corporate Drive Ste 400 Hillsborough, NC 27278 Orange County Asset Mgmt Services PO Box 8181 Hillsborough, NC 27278 Item Qty 1 Swing Operator, S4000 Heavy Duty, Surface Mount Swing 1 Header/Operator: S4000 Heavy Duty, C2908/09 (S/L 6" x 6") Header Hand/Size/Type: LHR, Frame Opening (IN):36", Surface Mount, One Way Traffic, Outswing Arm C4252/C5254 Finish: 215R1 Clear 2 C07220.0001 1 Description:Slide or Swing Strike Interface Module Details:Slide or Swing Strike Interface Module Assembly-Provides Time Delay for Magnetic Locks 3 10PBJ1 1 Description:JAMB PUSH PLATE, PTO TEXT W/HANDICAP LOGO,1.5"X4.75" ;BEA;10PBJ1 4 10BOXJAMBSM 1 Description:BOX,JAMB,SURFACE MOUNT;BEA;10BOXJAMBSM 5 69000011 1 Description:RADIO CONTROL SET 2 PUSH PLATES, 2 X BOXES, 2 X TRANSMITTERS 1 X RECEIVER , BEA / PUSH PLATE PACKAGE #2 Exclusions: • 120 VAC 60 Hz 20 Amp electrical service routed into operator housing. • Electric locking, access control and alarm wiring if applicable routed into operator housing. • Interlock system and all associated wiring. • Doors, frames and all other hardware not listed above. Notes: • Work to be performed during normal business hours Monday through Friday 8:30 AM to 5:00 PM. Total (USD):$3,278.00 DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F Swing Operator, S4000 Heavy Duty, Surface Mount Swing 36 39 Job Name: Department of Human Rights and Relations Quote: DQ026853-1 Line: 1 Prepared By: Advanced Door Automation Contact: Daniel Mackey Phone: +19193840232 Label: Drawing Date: 4/17/2023 DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME:PHONE(A/C, No, Ext):FAX(A/C, No): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:XXXXXXX 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. INSRLTR TYPE OF INSURANCE ADDLINSD SUBRWVD POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC OTHER: EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO OWNEDAUTOS ONLY HIREDAUTOS ONLY SCHEDULEDAUTOS NON-OWNEDAUTOS ONLY COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) $ $ $ $ $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE $ $ $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 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 REPRESENTATIVE ACORD 25 (2016/03)©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD LOCKTON COMPANIES2100 ROSS AVENUE, SUITE 1400DALLAS TX 75201214-969-6700 OVERHEAD DOOR CORPORATIONAND ITS SUBSIDIARIES LISTED ON THE NAMED INSUREDSCHEDULE ATTACHED HERETO2501 SOUTH STATE HIGHWAY 121, SUITE 200LEWISVILLE TX 75067 ODC-USEONLY 7/1/2023 1342188 X 2,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X X 10,000 10,000,000 10,000,000 XXXXXXX X X X SIR applies per policy terms & cond. 2,000,000 1,000,000 XXXXXXX 2,000,000 4,000,000 4,000,000 Excess Workers Comp.WC Statutory Limits; 1M EL/EaAccident; 1M EL Disease Emp/Policy N X 1,000,000 1,000,000 1,000,000 Mitsui Sumitomo Insurance USA Inc.22551 Navigators Insurance Company 42307 Twin City Fire Insurance Company 29459 Mitsui Sumitomo Insurance Co of America 20362 A BVR 8406521 (AOS)10/1/2022 10/1/2023ABVM 8803088 (MA)10/1/2022 10/1/2023 D 46 ECS OF9007 10/1/2022 10/1/2023 B XWC9800047 7/1/2022 7/1/2023 C CH22UMRZ0C74NIV 10/1/2022 10/1/2023 A WCP 9113272 (AOS)10/1/2022 10/1/2023AWCP 9114841 (MA)10/1/2022 10/1/2023 See Attachments Orange County Asset Management ServicesAttn: Allison CooperPO Box 8181Hillsborough NC 27278 13748109 13748109 9/16/2022 Re: Project: Orange County Skills and Development Center, 503 West Franklin Street, Chapel Hill, NC 27516. X Y N N N N N N N N DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F Named Insured Address Overhead Door Corporation 2501 South State Highway 121, Suite 200, Lewisville TX 75067 dba Wayne-Dalton, A Division of Overhead Door Corp. dba Wayne-Dalton Genie Sales Center, A Division of Overhead Door Corp. dba TODCO, A Division of Overhead Door Corp. dba Horton Automatics, A Division of Overhead Door Corp. dba OHD Parts, A Division of Overhead Door Corp. dba Nationserve, A Division of Overhead Door Corp. dba Wayne Dalton Sales & Service, A Division of Overhead Door Corp. Door Services Corporation 777 Schwab Road, Suite A, Hatfield, PA 19440 dba Advanced Door Service of Pennsylvania Advanced Door Service dba Advanced Door Automation dba Allegheny Door Enterprises of Pennsylvania dba Automatic Door Enterprises of Pennsylvania dba DelMar Door Service of Delaware dba Door Controls, Inc. of Louisiana dba Eastern Door Service of New Jersey dba Keystone Automatic Door Enterprises of Pennsylvania dba Texas Access Controls, A Division of Overhead Door Corp. dba Advanced Door Service of Baltimore-DC dba Advanced Door Service Baltimore – DC, Inc. dba Advanced Door Service – Roanoke dba Advanced Door Service - Atlanta GMI Holdings, Inc. dba The Genie Company PO Box 67 One Door Drive Mt. Hope OH 44660 Sanwa USA 2501 South State Highway 121, Suite 200, Lewisville TX 75067 WDC Florida Realty Company I LLC One Door Drive Mt. Hope Mt. Hope OH 44660 Overhead Door Incorporated 2501 South State Highway 121, Suite 200, Lewisville TX 75067 OHD Corporation 2501 South State Highway 121, Suite 200, Lewisville TX 75067 Central Nebraska ODCC Corporation a/o Creative Door Services Ltd Overhead Door Company of Southern California 8260 Miralani Dr San Diego CA 92126 Overhead Door Corp – Sucursal del Peru Wayne Dalton Sales & Service Roster Spokane 3808 N Sullivan Rd Suite C Spokane Valley WA 99216 Missoula 5657 Alloy South Missoula MT 59808 Kennewick 440 N Quay St Kennewick WA 99336 Lewiston 206 Ninth St Lewiston ID 83501 Tempe 402 W Geneva Dr Tempe AZ 85282 Albuquerque 1450 Candelaria Rd. NE Albuquerque NM 87107 San Diego 8260 Miralani Dr San Diego CA 92126 Colorado Springs 1847 S Murray Blvd Colorado Springs CO 80916 Grand Island 2812 W Old Hwy 30 (PO Box 1387) Grand Island NE 68803 Kearney 1907 Central Ave Kearney NE 68847 Akron | Canton 3023 Greensburg Rd, PO Box 266 Green OH 44232 Attachment Code : D554253 Master ID: 1342188, Certificate ID: 13748109DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F Cincinnati 2136 Stapleton Court Forest Park OH 45240 Peoria 362 High Point Lane, P.O. Box 2440 East Peoria IL 61611 Quad Cities 5111-C Tremont Ave Bldg 2 Davenport IA 52807 Raleigh 3600 Tarheel Drive Raleigh NC 27609 Charlotte 6031 McDaniel Lane Charlotte NC 28213 Houston 419 Century Plaza #230 Houston TX 77073 Wayne-Dalton Genie Roster Atlanta Sales Center 320 Thornton Road, Suite 105 Lithia Springs GA 30122 Baltimore Sales Center 8306 Patuxent Range Road, #101 Jessup MD 20794 Greenville Sales Center 14 North King Road Greenville SC 29605 Hartford Sales Center 920 Cromwell Ave, PO Box 1010 Rocky Hill CT 06067 Long Island Sales Center 939 Motor Parkway Hauppauge NY 11788 New England (Auburn)385 Rodman Road, Unit 4 Auburn ME 04210 New England (Walpole)15 Walpole Park South, Bldg 6, Unit 9 Walpole MA 2081 Orlando Sales Center 9603 Satellite Blvd, Suite 130 Orlando FL 32837 Pensacola Sales Center 3375 Addison Drive Pensacola FL 32514 Philadelphia Sales Center 47 Runway Road, Suite N Levittown PA 19057 Pittsburgh Sales Center 1503 Parkway View Drive, Bldg 15 Pittsburgh PA 15205 Chicago Sales Center 295 S Prospect Ave Itasca IL 60143 Cleveland Sales Center 6161 Cochran Road, Suite B Solon OH 44139 Columbus Sales Center 6729 Commerce Court Drive Blacklick OH 43004 Detroit Sales Center 13200 Newburgh Road Livonia MI 48150 Jackson Sales Center 300 Country Place Parkway Pearl MS 39208 Lansing Sales Center 16400 Felton Road Lansing MI 48906 Little Rock Sales Center 8100 Scott Hamilton Drive, Suite D Little Rock AR 72209 New Orleans Sales Center 17950 Fabrication Row Covingtopn LA 74035 Oklahoma City Sales Center 6200 SW 29th Street, Suite D Oklahoma City OK 73179 St. Louis Sales Center 4738 Earth City Expressway Bridgeton MO 63044 Tinley Park Sales Center 8500 W 185th Street, Suite E Tinley Park IL 60487 Toledo Sales Center 10373 Industrial Street Holland OH 43528 Twin Cities Sales Center 935 Blue Gentian Road Eagan MN 55121 Bay Area Sales Center 1550 Whipple Road Union City CA 94587 Boise Sales Center 492 N Dupont Avenue Boise ID 83713 Chatsworth Sales Center 8921 Quartz Avenue Northridge CA 91324 Chino Sales Center 4780 Eucalyptus Avenue Chino CA 91710 Dallas Sales Center 3000 Gateway, Suite 120 Irving TX 75063 Houston Sales Center 9135-A Wallisville Road Houston TX 77029 Sacramento Sales Center 830 Professor Lane, #200 Sacramento CA 95834 Salt Lake City Sales Center 5570 West 1730 South, Suite 300 Salt Lake City UT 84104 San Antonio Sales Center 3660 Thousand Oaks Blvd, Suite 401 San Antonio TX 78247 Santa Ana Sales Center 1043 East 4th Street Santa Ana CA 92701 Louisville Sales Center 5408 Sheperdsville Road Louisville, KY 40228 Seattle Sales Center 2505 Frank Albert Road East, B127 Fife WA 98424 Attachment Code : D554253 Master ID: 1342188, Certificate ID: 13748109DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F Policy: 46 ECS OF9007 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business; and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or Form EH 00 02 06 05 Page 13 of 23 Attachment Code : D468637 Certificate ID : 13748109DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F (f) Demonstration, installation, servicing (1) Any "occurrence" which takes place after normally undertakes to make in the usual course of business, connection with the distribution or sale of the products; in With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply to: or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.(g) Products which, after distribution or d. Architects, Engineers or Surveyorssale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or "personal and (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (2) In the performance of your ongoing operations performed by you or on your behalf. (i) The exceptions contained in paragraphs (d) or (f); or theseWith respect additional insureds, the following additional to the insurance afforded (ii) Such inspections adjustments or exclusions apply: servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to "bodily"personal andinjury", "property damage" or advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to (2) This insurance does not apply to any prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.2. Supervisory, inspection, architectural or engineering activities. b. Lessors of Equipment e. Permits issued By State or (1) Any person or organization from whom Political Subdivisions you lease equipment; but only with Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political respect to their liability for "bodily injury" or "property damage" or advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such "personal and subdivision has issued a permit. person or organization. With respect to the insurance afforded these additional insureds, this insurance does not apply to:(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state expires.or municipality; or c. Lessors of Land or Premises (2) "Bodily injury" or "property damage" Any person or organization from whom you lease land or premises, but only with respect to included within the "products- completed operations hazard". liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. Page 14 of 23 Form EH 00 02 06 05 Attachment Code : D468637 Certificate ID : 13748109DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F f. Any Other Party Any other person or organization who is not an insured under paragraphs a. through e. above, but only with respect to liability for "bodily injury"", property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations, (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operations hazard", but only if; (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations" hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III - Limits Of Insurance. Such limits of insurance apply only in excess of the "self-insured retention" 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. SECTION III LIMITS OF INSURANCE Form EH 00 02 06 05 Page 15 of 23 Attachment Code : D468637 Certificate ID : 13748109DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 Policy# 46 ECS OF9007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes 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. CG 20 01 04 13 © Insurance Services Office, Inc., 2012CG 20 01 04 13 CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Attachment Code : D468590 Certificate ID : 13748109DocuSign Envelope ID: 4537E875-E749-432F-8125-E0687408422F