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2024-135-E-AMS- Brown Brothers Plubming & Heating Co-Revere Rd Exterior Sewer Repairs
Revised 01/24 1 [Departmental Use Only] TITLE BB Ext Sewer Repair FY 2023/2024 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 27th day of February, 2024, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Brown Brothers Plumbing & Heating Co. Inc., (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Provide materials and labor to replace sections of back graded and root bound exterior sewer. See quote dated 2/13/2024. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Revised 01/24 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) 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. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Revised 01/24 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Provide materials and labor to replace sections of back graded and root bound exterior sewer. Install two-way clean-out in both EMS and main building lines. New piping shall be schedule 40 PVC. Grade clean out terminations shall be cast iron. 4. Duration of Services a. Term. The term of this Agreement shall be from 2/27/2024 to 08/28/2024. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 2/27/2024. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Seven Thousand Five Hundred Dollars ($7,500.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Alan Dorman) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Revised 01/24 4 Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Revised 01/24 5 remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Revised 01/24 6 and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County 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. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable 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. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Revised 01/24 7 of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Bonnie Hammersley Brown Brothers Plumbing P.O. Box 8181 2820 N Roxboro Road Hillsborough, NC 27278 Durham, NC 27704 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Revised 01/24 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Bonnie Hammersley By: __________________________________ Jeff Addison DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 2/28/20243/5/2024 Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Brown Brothers Plubming & Heating Co. Inc. Vendor Contact Person: Jeff Addison Phone: 919- 220-2554 Address: PO Box 15668 City Durham State: NC Zip: 27704 Department: AMS Amount: $7500.00 Purpose: Revere Rd Exterior Sewer Repairs Budget Code(s): 10240320-570000 Vendor # 35730 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 2/27/2024 End Date 08/28/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Steven Arndt 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. This agreement is approved as to technical form and content . 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: Office of the Clerk to the Board __________________________________________Date:________ DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 2/28/2024 3/4/2024 3/4/2024 3/5/2024 DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 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 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). CONTACTPRODUCERNAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-$POLICY LOCJECT COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $(PER ACCIDENT)HIRED AUTOS $NON-OWNED AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DEDUCTIBLE $RETENTION $ WC STATU- OTH-WORKERS COMPENSATION TORY LIMITS ERAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 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 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2009/09) Kirkland G. Brown OP ID: KB 12/28/2023 Kirk Brown Diversified Insurance Solutions LLC P. O. Box 15734 Durham, NC 27704- Kirkland G. Brown 919-471-8222 919-471-6607 kbrown@diverseins.com BROWBRO Brown Brothers Plumbing and Heating Company, Inc. 2820 N. Roxboro Road Durham, NC 27704 Builders Premier Insurance Co.10844 Builders Mutual Insurance Co.10844 Hiscox Pro 44318 Travelers Property/Casualty 36161 1,000,000 A X X PCP0000055 15 12/31/2023 12/31/2024 300,000 X 10,000 X contractual liab.1,000,000 X Deductible $500.2,000,000 2,000,000 X X 1,000,000 B X CAP0042875 13 12/31/2023 12/31/2024 X X X X Deductible -0- X X 10,000,000 10,000,000 B MUB0004308 06 12/31/2023 12/31/2024 X 10,000 X B WCP0044355 15 12/31/2023 12/31/2024 1,000,000N 1,000,000 1,000,000 C Pollution/Profess.ANE2266438.23 06/03/2023 06/03/2024 Occ/Aggr.2,000,000 D Third Party Crime 106446766 01/20/2023 01/20/2024 2,000,000 10,000 Ded. Orange County, North Carolina is an Additional Insured, per attached forms. Email to: abarnes@orangecountync.gov ORANCO7 Orange County Public Works Attn: Angel Barnes 300 W Tryon St, Bldg.B, 3rd Fl P.O. Box 8181 Hillsborough, NC 27278 DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB PAGENOTEPADINSURED'S NAME Date BROWBRO 2 Brown Brothers Plumbing and OP ID: KB 12/28/2023 The following forms apply if required by written/executed contract, before a loss: Additional Insured for General Liability Ongoing & Completed Operations and Primary & Non-contributory wording: CG7034(07/09), CG7024(03/09) and CG2001(4/13). Blanket Additional Insured applies to Contractors Pollution Liability for Ongoing & Completed Operations, when required by written contract. Designated Insured for Auto Liability: CA2048(10/13). Blanket Waiver of Subrogation for General Liability: CG7051(06/15). Blanket Waiver of Subrogation for Workers Compensation: WC 000313(04/84). Blanket Waiver of Subrogation for Contractors Pollution Liability. Contractors Pollution Liability: Self-Insured Retention $2,500. Contractors Pollution Liability: Includes Mold Liability at $2,000,000. limit. Contractors Pollution Liability: Mold deductible $2,500. Excess liability policy over Professional/Pollution Liability Policy $1,000,000. Lloyds of London-Policy #EL00-53-0070-2022 (Effective 06/03/2023-06/03/2024.) Blanket Additional Insured on Automobile Liability, with Primary and Non-contributory wording, per attached form CA3000(07/14). Umbrella follows form for General Liability, Automobile Liability and Workers Compensation. **Contractors Rented/Leased Equipment is $250,000 subject to a $1,000 Deductible. Effective 12/31/2023 to 12/31/2024 under policy number PCP000005515.** DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB POLICY FORMS SCHEDULE Policy Number: Named Insured: Agent: COMMERCIAL PACKAGE POLICY FORM INVENTORY SCHEDULEBUILDERS PREMIER INSURANCE CO. Post Office Box 150005 Raleigh, North Carolina 27624-0005 PCP 0000055 15 BROWN BROTHERS PLUMBING DIVERSIFIED INSURANCE SOLUTION 0000443 Policy Level Forms Commercial Fire Forms CP0010 (04/02)CP0030 (04/02)CP0090 (07/88)CP0118 (10/00)CP1030 (04/02) CP1075 (12/20)CP1218 (06/95)CP9903 (12/19)EM0001 (07/08)IL0003 (07/02) IL0017 (11/98)IL0269 (07/02)IL0935 (07/02)IL0952 (01/15)IL0995 (01/07) IL6006 (01/10)IL6014 (01/16)PIL0020NC (07/04) General Liability Forms CG0001 (04/13)CG0300 (01/96)CG2001 (04/13)CG2010 (04/13)CG2032 (04/13) CG2037 (04/13)CG2038 (04/13)CG2107 (05/14)CG2109 (06/15)CG2147 (12/07) CG2149 (09/99)CG2154 (01/96)CG2167 (12/04)CG2170 (01/15)CG2186 (12/04) CG2187 (01/15)CG2196 (03/05)CG2294 (10/01)CG2404 (05/09)CG2503 (05/09) CG2504 (05/09)CG7024 (03/09)CG7030 (07/09)CG7031 (07/09)CG7032 (07/09) CG7034 (07/09)CG7051 (06/15)CG7110 (10/17)CG7137 (10/17)IL0003 (09/08) IL0017 (11/98)IL0021 (09/08)IL0269 (09/08)IL1201 (11/85)IL6006 (01/10) Inland Marine Forms CM0001 (06/95)CM0103 (11/85)CM9905 (12/19)IL0003 (04/98)IL0017 (11/98) IL0269 (04/98)IL0935 (08/98)IL0952 (01/15)IL0995 (01/07) PCM0018 (10/99) PCM0023 (03/02) PCM0042 (07/04) Issued Date: SCHED 0696 12/18/2023 INSURED COPY Page 40 of 40 DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB CG 70 34 07 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Except as otherwise stated in this endorsement, the terms and conditions of the policy apply to the insurance stated below. The following is added to the Commercial General Liability Coverage Form, Section II – WHO IS AN INSURED: 4.The person(s) or organizations(s) from whom equipment has been leased, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s), subject to the following additional exclusions: This insurance does not apply: a.To any “occurrence” which takes place after the equipment lease expires; b.To “bodily injury” or “property damage” arising out of the sole negligence of the person or organization from whom equipment has been leased. 5.The person(s) or organization(s) shown in the Declarations as mortgagee, assignee, or receiver, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition performed by or for that person or organization. 6.The person(s) or organization(s) from whom you lease property but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a.Any “occurrence” which takes place after you cease to be a tenant in that premises. b.Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization from whom you lease property. 7.The person(s) or organization(s) from whom land is leased but only with respect to liability arising out of the ownership, maintenance or use of that part of land leased to you. The following additional exclusions apply: This insurance does not apply to: a.Any “occurrence” which takes place after you cease to lease that land; b.Structural alterations,new construction or demolition operations performed by or on behalf of the person or organization from whom land has been leased. 8.Any state or political subdivision subject to the following additional provisions: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: a.The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b.The construction, erection, or removal of elevators; or c.The ownership, maintenance, or use of any elevators covered by this insurance. Brown Brothers Plumbing & Heating Co., Inc. PCP0000055 15 DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 2 of 2 CG 70 34 07 09 9.Any architect, engineer or surveyor engaged by you but only with respect to liability arising out of your premises or “your work”. This insurance, with respect to such architects, engineers, or surveyors, does not apply to “bodily injury”, “property damage”, “personal and advertising injury” arising out of the rendering or failure to render any professional services by or for you including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field order; change orders, or drawings and specifications; and b.Supervisory, inspection, architectural or engineering activities. 10.Any person or organization other than an architect, engineer or surveyor, which requires in a "work contract” that such person or organization be made an insured under this policy. However, such person or organization shall be an insured only with respect to covered “bodily injury”, “property damage”, “personal and advertising injury” caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) only at the location designated by the “work contract” The coverage afforded to such person or organization does not apply to “bodily injury”, “property damage”, “personal and advertising injury” occurring after the earliest of the following times: a.When “your work” under the “work contract” (other than service, maintenance or repairs) has been completed. b.When that portion of “your work” under the “work contract” out of which any injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c.When our coverage for you under this policy or a renewal of this policy terminates and is not continued by other insurance provided by us. “Work contract” means a written agreement into which you enter for work performed by you or on your behalf. 11.Any person or organization to whom you are obligated by virtue of a written “insured contract” to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance, or use of that part of any premises or land leased to you. This does not apply to: a.Any “occurrence” that takes place after you cease to be a tenant on those premises, or cease to lease the land; or b.Structural alterations, new construction or demolition operations performed by or on behalf of such insured. SECTION V-DEFINITIONS The following is added: 23.“Work contract” means a written agreement into which you enter for work performed by you or on your behalf. DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 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 Brown Brothers Plumbing & Heating Co., Inc. PCP 0000055 15 DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 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: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB Policy PeriodPolicy Number From To Transaction 12:01 A.M. Standard Time at the described location Named Insured and Address Agent Telephone: Customer #: WC Policy No: (800) 809-4859 Builders Premier Insurance Company Builders Mutual Insurance Company BUSINESS AUTO DECLARATION Post Office Box 150005 Raleigh, North Carolina 27624-0005 CPA 0042875 13 12/31/2023 12/31/2024 RENEWAL DECLARATION BROWN BROTHERS PLUMBING & HEATING CO INC PO BOX 15668 DURHAM NC 27704 0000443 DIVERSIFIED INSURANCE SOLUTION PO BOX 15734 DURHAM, NC 27704-5734 919-471-8222 Type of BusinessBusiness Description ARTISAN - PLUMBER Corporation ENDORSEMENTS ATTACHED TO THIS POLICY: (09/08)(11/98)(09/08)(08/14)(10/13) (10/13)(10/13)(10/13)(11/16)(07/14) (10/13)(10/13)(02/10)(11/85)(01/10) IL0003 IL0017 IL0021 BCA0444 CA0001 CA0126 CA2048 CA2116 CA2344 CA3000 CA9903 CA9954 CAU060 IL1201 IL6006 Authorized Representative Countersigned this Day of , Issued Date: PCA0001 1203 12/18/2023 INSURED COPY Page 1 of 41 X DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB POLICY NUMBER:COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is in- dicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Cover- age, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coveragesof the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 CPA 0042875 13 BROWN BROTHERS PLUMBING & HEATING CO INC ANY OR ALL PERSON(S) OR ORGANIZATION(S) AS REQUIRED BY WRITTEN/EXECUTED CONTRACT, FOR JOBS IN THE STATE OF NORTH CAROLINA DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 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 Brown Brothers Plumbing & Heating Co., Inc. CPA 0042875 13 DocuSign Envelope ID: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 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: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 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: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 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: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 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: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB 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: 4CE4ADAC-C388-4F40-AE24-FC9E8E50A3AB