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2024-155-E-AMS- S&W Home Services-Sportsplex - Pool Concrete Lift
Revised 01/24 1 [Departmental Use Only] TITLE Pool Concrete Level FY 2023-2024 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), and S&W Home Services, LLC, dba: Triangle Concrete Solutions (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: Provide lifting along the front side of the pool deck, starting at the life guard stand and continuing down the corner at the pool steps per quote 3768 dated 02/14/2024. The term of this agreement rendered shall be from March 22, 2024 to December 31, 2024. 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 Five Thousand Dollars, ($5,000.00). 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 DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A Revised 01/24 2 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 be designated here 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. 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 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 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, DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A Revised 01/24 3 North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. 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. Triangle Concrete Solutions P.O. Box 8181 14012 Bingham Dr. Hillsborough, NC 27278 Raleigh, NC 27614 DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A Owner 3/14/20243/19/2024 Revised 01/24 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: S&W Home Services, LLC dba Triangle Concrete Solutions Vendor Contact Person: Chris Varon (chris@triangleconcretesolutions.com) Phone: 919.322.9459 Address: 14012 Bingham Drive City Raleigh State: NC Zip: 27614 Department: AMS/Sportsplex Amount: $5,000.00 Purpose: Sportsplex - Pool Concrete Lift Budget Code(s): 54540030-800000 Vendor # 68454 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 03/22/2024 End Date 12/31/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS 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: Sportsplex) 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: DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 3/14/2024 3/18/2024 3/19/2024 3/19/2024 Revised 01/24 5 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A RECIPIENT: Andrew Stock 101 Meadowlands Drive Hillsborough, NC 27278 Estimate #3768 Sent on Feb 14, 2024 Inspector Chris Varon CompanyCa m Project https://app.companycam.com/pr ojects/59790335 Total $5,000.00 Product/Service Description Qty.Total Concrete Lifting Area of Work: Pool Deck This line item represents lifting along the front side of the pool deck. Starting at the life guard stand and continuing down to the corner at the pool steps. There is a risk that lifting the concrete will damage the channel drain and that it would need to be repaired. The reason is because that channel drain is connected to the concrete and as the concrete has settled it has pulled the drain down with it causing the current slope. This is not something that TCS would be responsible for repairing. We will attempt to lift and stabilize your concrete by injecting polyurethane foam beneath the affected area. The goal for this area is to return your concrete to its original position and prevent future settlement. 100 $5,000.00* A deposit of $500.00 will be required to schedule your work. * Non-taxable 1. While uncommon, TCS cannot guarantee maximum anticipated lift, only stabilization of the treated slab(s). 2. Customer understands that the solution is designed for settled slabs, not tree root damage, heave, or creep. 3. Customer bears the sole responsibility to disclose any underground materials that could affect the work, including, but not limited to, plumbing, electrical, rebar, and drainage. 4. While TCS exercises an abundance of caution, it is possible that slabs can crack during the lifting process. If a slab cracks during the lifting process, TCS will properly seal the resulting crack at no charge to the Client. The customer is aware of this possibility and releases TCS from any and all responsibility with regard to Total $5,000.00 1 of 2 pages 14012 Bingham Drive | Raleigh, North Carolina 27614 (919) 322-9459 | quotes@triangleconcretesolutions.com | triangleconcretesolutions.com DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A Notes Continued... slab cracking. 5. Customer releases Triangle Concrete Solutions from any damage that may occur during or after the work is performed. 6. Deposits are used to secure necessary material for the agreed-upon scope. As such, deposits are non-refundable unless specified otherwise in writing. This quote is valid for the next 60 days, after which values may be subject to change. Signature: _____________________ Date: _____________ 2 of 2 pages 14012 Bingham Drive | Raleigh, North Carolina 27614 (919) 322-9459 | quotes@triangleconcretesolutions.com | triangleconcretesolutions.com DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 03/01/2024 Sentinel Risk Advisors LLC 4700 Six Forks Road Suite 200 Raleigh NC 27609 Hilary Varner (919) 926-4623 (919) 926-4664 hvarner@sentinelra.com S&W Home Services, LLC d/b/a Triangle Concrete Solutions 14012 Bingham Drive Raleigh NC 27614 Builders Mutual Insurance 12346 Accident Fund National Insurance Co.12305 CL2411817352 A Y CPA 0018270 04 01/19/2024 12/13/2024 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A Y CAP 0043734 04 01/19/2024 12/13/2024 1,000,000 Underinsured motorist combined single limit 1,000,000 A Y MUB 0027760 03 01/19/2024 12/13/2024 1,000,000 B Y Y AF WCP 100100891 12/13/2023 12/13/2024 1,000,000 1,000,000 1,000,000 Orange County, its officers, official agents, and employees are included as Additional Insured (for ongoing & completed operations) on General Liability, Auto Liability and Umbrella Liability Coverage per written contract. A Waiver of Subrogation is provided on Workers Compensation Coverage per written contract. Orange County Attn: Risk Management 300 W. Tryon Street PO Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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. DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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: DFB159D1-46F3-4892-B009-E6A072C3FD1A CG 70 51 06 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SUMMARY OF COVERAGE AND INDEX This is a summary of the various coverages provided by this form. No coverage is provided by this summary. This endorsement is subject to the provisions of your policy, which means that it is subject to all limitations and conditions applicable to the coverage forms attached to this policy unless specifically deleted, replaced, or modified herein. This endorsement is applicable only to those premises described in the Declarations. INDEX 1.Bodily Injury – Mental Anguish Included 2.Off Premises Care, Custody Or Control Coverage $25,000 3.Incidental Medical Malpractice Included 4.Amendment Of Insured Contract Definition Included 5.Liberalization Clause Included 6.Unintentional Failure To Disclose Hazards Included 7.Lost Keys Of Others $500 Occurrence/$1,500 Aggregate 8.Medical Payments $15,000 9.Broadened Mobile Equipment Included 10.Newly Formed Or Acquired Organizations Included 11.Non-Owned Aircraft Included 12.Watercraft Coverage Enhancement Included 13.Aggregate Limits Per Project Included 14.Personal And Advertising Injury - Electronic Publication Included 15.Property Damage Liability - Borrowed Equipment $25,000 16.Supplementary Payments (Bail Bonds) Enhancement $5,000 17.Damage To Premises Rented To You Limit $500,000 18.Knowledge Of An Occurrence, Claim, Or Suit Included 19.Voluntary Property Damage Coverage $5,000 Occurrence/$10,000 Aggregate 20.Waiver Of Transfer Of Rights Of Recovery Against Others Included 21.Duties In The Event Of Occurrence, Offense, Claim Or Suit Included 22.Primary And Noncontributory – Other Insurance Condition Included DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 1.Bodily Injury (Mental Anguish) SECTION V – DEFINITIONS Paragraph 3. “Bodily injury” is replaced by the following: 3.“Bodily injury” means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 2.Off Premises Care, Custody, Or Control Coverage The following coverage is added: A.We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody, control, or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This insurance applies to "property damage" only if: 1.The "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; 2.The "property damage" occurs during the policy period. This Coverage is also subject to the provisions of paragraphs B., C., D., and E. below. B.Exclusions The insurance provided by this Off Premises Care, Custody or Control Coverage shall not apply to: 1."Property damage" to: a.real property or premises owned, rented, operated, used or leased by you; b.personal property while such property was located at real property or premises described in a. above; c.any “auto” owned or operated by or leased to or rented by or loaned to: (1)your “employees”, (2)your subcontractors (3)your subcontractors’ employees (4)anyone performing work for or on behalf of your sub-contractors while such subcontractor is performing work on your behalf d.arising out of the ownership, maintenance, use or entrustment of any "auto”; e.“mobile equipment” leased or rented to you, or someone performing work on your behalf, under a short-term or long-term rental or lease agreement. f.property while it is being transported on, in, or upon any ”auto”, “mobile equipment”, watercraft, railcar or aircraft, including and during “loading or unloading.” g.premises you (sell) sold, gave (give) away or abandoned (abandon), if the "property damage" arises out of any part of those premises. h.“your work” arising out of it or any part of it whether or not “your work” was performed by you or performed on your behalf by a subcontractor; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 2 | P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A i.that particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. j.“your product”; or k.tools, “mobile equipment or any other equipment or machinery used in the construction trades that are: (1)owned by, (2) rented by, or (3) leased to, or (4) borrowed by any of your “employees,” your subcontractors or any person employed or hired by your subcontractors for or while performing work on your behalf. 2.Any claim or “suit” for “property damage” under this Off Premises Care, Custody Or Control Coverage that is also a claim for “loss” under Section 5. Voluntary Property Damage Coverage provided by this endorsement. 3."Property damage" included in the "products-completed operations hazard". 4.Any claim or “suit” arising out of the same “occurrence” where we also paid damages for “property damage” that an insured was legally obligated to pay under Coverage A (of Section I) 5.The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf: or (b) Any product manufactured, sold, or supplied by you, unless the “property damage” is caused directly by you after taking delivery of the product or completion of the work and resulting from a subsequent undertaking. C. Limits Of Insurance – The most we will pay for "property damage" under this Off Premises Care, Custody Or Control Coverage is $25,000 for each "occurrence.” The maximum amount we will pay for the sum of all damages covered under this Off Premises Care, Custody, Or Control Coverage because of “property damage” during the policy period is an annual aggregate of $25,000 D.Deductible – We will not pay for "property damage" for any one "occurrence" until the amount of "property damage" exceeds $250. If a "property damage" deductible applies to any potential claim or “suit” for an “occurrence” under Coverage A (of SECTION I), that deductible shall apply if it is greater than $250. E.Your Obligations Under this Off Premises Care, Custody, or Control Coverage In the event of "property damage" covered by this Off Premises Care, Custody or Control Coverage you shall, if requested by us, replace the property or furnish the labor andmaterials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 3 | P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 3.Incidental Medical Malpractice SECTION II – WHO IS AN INSURED Subparagraph 2. Each of the following is also an insured: a.(1) (d) is deleted in its entirety and replaced as follows: (d) Arising out of his or her providing or failing to provide professional health care services. Exclusion 2.a.(1)(d) does not apply to nurses, paramedics or emergency medical technicians (EMS) if you are not in the business or occupation of providing any such professional services. 4.Amendment Of Insured Contract Definition SECTION V - DEFINITIONS Paragraph 9.a.c. and f. of the Definitions Section is replaced by the following: 9.“Insured contract" means: a.A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; c.Any easement or license agreement; f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. (1)This paragraph f. (1) is deleted. 5.Liberalization Clause If after the effective date of this Commercial General Liability Endorsement but before the end of the policy period, we file and receive approval from the appropriate insurance regulatory authorities to use a revised Commercial General Liability Endorsement, then any provision of this revised endorsement that provides increased or broader coverage for an insured without an additional premium charge, we will automatically provide such increased or broader coverage under this endorsement as of the day the revision is effective in your state(s) shown in the Declarations 6.Unintentional Failure To Disclose Hazards SECTION IV – GENERAL LIABILITY CONDITIONS 6.REPRESENTATIONS The following is added: d.Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part solely on such failure. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 4 | P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 7.Lost Keys Of Others SECTION I – COVERAGES COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2.Exclusions:The following is added to j. (4) (4) This exclusion does not apply to the loss of or damage to keys entrusted to you in your ongoing business operations described in the Declarations. This coverage does not apply to “bodily injury” “property damage” or “personal and advertising injury” caused by misappropriation, secretion, conversion, infidelity or any act of dishonesty on the part of any Insured, employees, agents or subcontractors working on the insured’s behalf. SECTION III-LIMITS OF INSURANCE The following is added: 8.Lost Key Liability Limits The most we will pay under this insurance for the actual and necessary expense to re-key or to adjust locks to accept new keys or; if required, new locks including cost of their installation at the customer’s premises as a result of loss of or damaged keys entrusted to you by others is the limit of insurance shown below for this coverage:. $500 each occurrence $1,500 aggregate The aggregate limit is the most, subject to the each occurrence limit, we will pay for all claims for all expenses to which this insurance applies. Each occurrence and aggregate limits described above are the most we will pay regardless of the number of insured’s. The limits shown above are subject to and not in addition to the general aggregate limit shown in the Declaration of the policy. Claim payments made under these limits of insurance are part of and do erode the policy general aggregate limit of insurance shown in the declarations. 8.Medical Payments SECTION I – COVERAGES COVERAGE C – MEDICAL PAYMENTS The following is added: If Section I, Coverage C – Medical Payments is not otherwise excluded under this insurance, the Medical Expense Limit shown in the Declarations shall be the greater of: $15,000; or The amount shown in the declarations 9.Broadened Mobile Equipment SECTION V – DEFINITIONS Section V – Definitions Paragraph 12. f. (1) is replaced by the following: (1)Equipment designed primarily for: (a)Snow removal; (b) Road maintenance, but not for construction or resurfacing; or (c)Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 5 | P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 10.Newly Formed Or Acquired Organizations SECTION II – WHO IS AN INSURED Paragraph 3.and subparagraphs a., b. and c. are changed as follows: 3.Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision applies only until the 90th day after you acquire or form the organization or at the end of the policy period, whichever is earlier. b.Coverage A does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization; and c.Coverage B does not apply to “personal and advertising injury” arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations. 11.Non-Owned Aircraft The following is added to Subparagraph g. of 2. Exclusions of SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (6)An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by the insured. 12.Watercraft Coverage Enhancement Sub-paragraph (2) of paragraph g. Aircraft, Auto Or Watercraft of paragraph 2. Exclusions of Section I - Coverage A are replaced by the following: g. Aircraft, Auto, Or Watercraft (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; 13. Aggregate Limits Per Project A.For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (Section I), and for all medical expenses caused by accidents under Coverage C (Section I), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to you, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Single Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under Coverage A, except damages because of 'bodily injury” or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a.Insureds; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 6 | P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A b.Claims made or "suits” brought; or c.Persons or organizations making claims or bringing "suits.” 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit of any other separate construction project away from premises owned by or rented to the insured. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under Coverage A (Section I),and for all medical expenses caused by accidents under Coverage C (Section I), which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Single Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of “bodily injury” or "property damage” included in the "products-completed operations hazard,” regardless whether such liability arose from: 1.any construction project from premises owned by or rented to you; or 2.any construction project away from premises owned by or rented to you will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D.If a single construction project away from premises owned by or rented to you has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same single construction project. E.The provisions of Limits of Insurance (Section III) not otherwise modified by this endorsement shall continue to apply as stipulated. 14.Personal And Advertising Injury - Electronic Publication A.Sub-paragraphs b., d., and e of paragraph 14. “Personal and Advertising Injury” (of Section V–Definitions) are replaced by the following: b.Malicious prosecution or abuse of process; d.Oral, written, televised, videotaped, or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products, or services; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 7 | P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A e.Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; B.The following offense is added under the list of offenses under paragraph 14. “Personal and Advertising Injury” (of Section V – Definitions): h.Discrimination or humiliation that results in injury to the reputation of a person, but only if such discrimination or humiliation is: (1)Not done intentionally by or at the direction of: (a)An insured; or (b)Any "executive officer" director, stockholder, partner or member of the insured; and (2)Not directly or indirectly related to the employment, prospective employment, or termination of employment of any person or persons by any insured. C.Sub-paragraphs b. Material Published With Knowledge Of Falsity and c. Material Published Prior To Policy Period of paragraph 2. Exclusions of Section I – Coverages. Coverage B - Personal And Advertising Injury Liability are replaced by the following: b.Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c.Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first utterance, publication, or broadcast took place before the beginning of the policy period; 15.Property Damage Liability - Borrowed Equipment The following is added: “Property Damage“ to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for “property damage” to any one borrowed equipment item under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, and contingent or on any other basis. 16.Supplementary Payments (Bail Bonds) Enhancement Sub-paragraph b.of paragraph 1. of SUPPLEMENTARY PAYMENTS – COVERAGES A And B (of SECTION I) is replaced by the following: b.Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 8|P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 17.Damage To Premises Rented To You Limit If damage by fire, lightning, “explosion” or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner under Coverage A is not otherwise excluded from this insurance, the following applies: A.The last paragraph of Coverage A (Section I) – Paragraph 2. Exclusions –is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. B.Paragraph 6. of Section III - Limits of Insurance – is replaced by the following; 6.Subject to paragraph 5. above, the Damage To Premises Rented To You Limit The most we will pay for Fire Damage Limit is $500,000 under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by fire, lightning, “explosion”, or sprinkler leakage, while rented to you or temporarily occupied by you with the permission of the owner. C.Sub-paragraph b.(1)(b)of Condition 4. Other Insurance (Section IV - Commercial General Liability Conditions).is replaced by the following: (b)That is Fire, Lightning, “Explosion” or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D.Paragraph 9.a. of the definition of “insured contract” in Section V-Definitions is replaced by the following: 9.“Insured Contract” means: a.A contract for the lease of premises. However, that portion of the contract for the lease of premises that indemnifies any person or organization for damages by fire, lightning, “explosion” or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an “insured contract”; E.The following definition is added to Section V – Definitions: 23."Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. a."Explosion" does not include any of the following: Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; b.Rupture or bursting of water pipes; c.“Explosion” of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or d.Rupture or bursting caused by centrifugal force. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 9|P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 18.Knowledge Of Occurrence, Claim, Or Suit SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS – AMENDMENTS The following is added to paragraph 2. e.The Duties in paragraph 2. do not apply until after the “occurrence” or offense to: (1)You, if you are an individual; (2)A Partner, if you are a partnership; (3)An “executive officer” or insurance manager, if you are a corporation; (4)Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. 19.Voluntary Property Damage Coverage: The following coverage is added: At your request, we will pay for "loss" to tangible property of others arising out of your business operations. The most we will pay for this coverage is $5,000 for each "occurrence” with a $10,000 aggregate limit during the policy period. The "loss" must occur during the policy period and in the “coverage territory.” "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction, theft, or voluntary parting with property as a result of trick, scheme, or false pretense. Voluntary Property Damage Coverage does not apply to: A.Damage arising out of the ownership, maintenance, use, or entrustment of any "auto"; B.Property you own, occupy, rent or lease from others, or C.Property on your premises for sale, service, repair or storage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to this Voluntary Property Damage Coverage. The limits of coverage stated above shall not be reduced by the amount of this deductible. 20.Waiver Of Transfer Of Rights Of Recovery Against Others Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us (of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) The following is added: We will waive any right of recovery we may have against a person or organization because of payments we have made under this insurance for injuries or damages arising out of “your work” done under a written contract with that person or organization provided that: a.Such written contract with that person or organization contains a contractual provision that prevents you from exercising your right(s) of recovery against such person or organization Our waiver of any right of recovery as stated above only applies to that person or organization identified above and only if the injury or damage occurs during the policy period and subsequent to the execution of such written contract. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 10|P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 21.Duties In The Event Of Occurrence, Offense, Claim, Or Suit Paragraph 2.a., SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, The following is added to a. Knowledge of an “occurrence”, claim or “suit” by the agent, servant or “employee” of any insured shall not in itself constitute knowledge of the insured unless; •You, if you are an individual; •A partner, if you are a partnership; •A member or manager, if you are a limited liability company; •An executive officer or designee, if you are a corporation; •A trustee, if you are a trust; or •A designee, if you are any other type of organization. shall have received notice from its agent, servant or “employee.” Paragraph 2.b., SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, The following is added to b. Knowledge of an “occurrence”, claim or “suit” by the agent, servant or “employee” of any insured shall not in itself constitute knowledge of the insured unless; •You, if you are an individual; •A partner, if you are a partnership; •A member or manager, if you are a limited liability company; •An executive officer or designee, if you are a corporation; •A trustee, if you are a trust; or •A designee, if you are any other type of organization. shall have received notice from its agent, servant or “employee.” 22.Primary And Noncontributory - Other Insurance Condition The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 11|P a g e DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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 CPA 0018270 04DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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: DFB159D1-46F3-4892-B009-E6A072C3FD1A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT SUMMARY OF COVERAGE AND INDEX This is a summary of the various coverages provided by this form.No coverage is provided by this summary. This endorsement is subject to the provisions of your policy, which means that it is subject to all limitations and conditions applicable to the coverage forms attached to this policy unless specifically deleted, replaced, or modified herein. A.Blanket Additional Insureds Included B.Employee Hired Auto: Liability Included Physical Damage Included C.Limited Liability Company As An Insured Included D.Newly Acquired Or Formed Entities: Included E.Supplementary Payments: Bail Bonds $3,000 Reasonable Expenses Due to Our Request $500 Per Day F.Hired Autos Physical Damage: Lesser of $50,000 or ACV Loss of Use $75 Per Day/ $750 Per Loss G.Towing And Labor Private Passenger Types / “Light Trucks” $75 Per Disablement / $300 Total Other Than Private Passenger Types / “Light Trucks” $150 Per Disablement / $300 Total H.Personal Effects $500 I.Transportation Expenses – All Vehicle Types Temporary Transportation $75 Per Occurrence / $750 Total Return of Stolen Auto $5,000 J.Rental Reimbursement – Private Passenger Type / “Light Truck”$75 Per Day / $750 Per Occurrence K.Electronic Equipment Included L.Loan / Lease Gap Coverage Included M.Glass Repair Comprehensive Deductible Waived N.Waiver Of Subrogation Included O.Unintentional Omissions Included COMMERCIAL AUTO CA 30 00 07 14 CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 6 with its permission DocuSign Envelope ID: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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: DFB159D1-46F3-4892-B009-E6A072C3FD1A 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: DFB159D1-46F3-4892-B009-E6A072C3FD1A (1)%*5)1)%(,) ()54), )6 !77 !,4A4, )%(,))1 ,64 (#( (%6()54), (6 1 > :> + # % & "" ! # & %- " . 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