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HomeMy WebLinkAbout2024-253-E-AMS-Sheri Storch Services-Dickson House Painting of new sidingRevised 01/24 1 [Departmental Use Only] TITLE Dickson House Paint FY 2023-2024 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 1st day of May, 2024, by and between Sheri Storch Services, Inc, DBA CertaPro Painters, (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). W I T N E S S E T H: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by NA (Sheet dated ) b. Written specifications prepared by the project engineer. c. CertaPro Painters proposal dated April 8, 2024 which fully describes the work to be performed. Such work will hereafter be called the “Work”. d. Related documents listed under Section 1 above. 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by October 31, 2024. DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Revised 01/24 2 c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner, and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions caused by its employees, agents, contractors, or assigns in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Revised 01/24 3 f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, or control, and all such property while it is in transit. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Twelve Thousand, Eight Hundred Twenty-Two Dollars ($12,822.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner’s Representative at PO Box 8181, Hillsborough, NC 27278 and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner’s Representative’s certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner’s Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Revised 01/24 4 6. INSURANCE AND BONDS a. Minimum requirements – Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by Owner’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NA (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 7. INDEMNITY a. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law. b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner’s property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Revised 01/24 5 project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney’s fees related thereto) arising out of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON–APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable or not appropriated for the performance of Owner’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Revised 01/24 6 unavailability or non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. c. In the event of a change in the Owner’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects Owner’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner’s legal authority. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Sheri Storch Services, Inc Attn: A. Barnes DBA: CertaPro Painters P.O. Box 8181 5640 Departure Drive, Unit A Hillsborough, NC 27278 Raleigh, NC 27616 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and any code or law. d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor’s expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Revised 01/24 7 its entirety without the prior written consent of the Owner. f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. g. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. h. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. i. The County has designated (Angel Barnes) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. j. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non- discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each 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. k. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. l. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness of Contractor’s actions to remedy such breach or complete the performance of its obligations. m. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Revised 01/24 8 i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. If the Contract Documents do not otherwise address liquidated damages, such damages shall be in the amount of five hundred dollars ($500.00) per day. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs incurred prior to the date Owner mails the notice of termination, including the cost of materials purchased for the Work, but only if such purchases cannot be canceled, or materials returned, or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in said subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner’s order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of the Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00) per day for the full duration of the delay, suspension, or interruption. c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is stopped for thirty (30) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Revised 01/24 9 requires all work to be stopped and such stoppage lasts for thirty (30) consecutive days. d. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or in a number of counterparts each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR ____________________________________ ________________________________________ Signature Signature County Manager ________________________________________ Printed Name and Title DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 5/1/2024 Chad Watson VP of Commercial Development 5/7/2024 Revised 01/24 10 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Sheri Storch Services, Inc., DBA CertaPro Painters Vendor Contact Person: Chad Watson (cwatson@certapro.com) Phone: 919.219.2984 Address: 5640 Departure Drive, Unit A City Raleigh State: NC Zip: 27616 Department: AMS Amount: $12,822.00 Purpose: Dickson House Painting of new siding Budget Code(s): 61370035-882000- 11001 Vendor # 65752 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 5/1/2024 End Date 10/31/2024 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: 11001) 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; OR 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: CBD9F040-859F-4067-A7B0-CF1414AB6A74 5/2/2024 5/6/2024 5/7/2024 5/7/2024 Revised 01/24 11 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 CLIENT Stefan Hooker CLIENT CONTACT S PRICING: GENERAL SCOPE OF WORK CertaPro will power was h, c lean, prep, prim e and repaint exterior s tructures at Dic ks on Hous e us ing prem ium produc ts from the Sherwin W illiam s Paint Company Areas inc luded, main house, 2 out- s tructures, garden fence, trim and s iding on all structures. CertaPro will rem ove all failing paint after power wash, oil prim e and repaint with Sherwin W illiams Lattitude Exterior Acrylic Latex Paint, color m atch to existing colors . No carpentry repairs are included in this propos al Estimated production time- 3-4 days, weather permitting. ******CertaPro Painters is an offic ially Licensed General Contractor in the State of North Carolina, South Carolina and Tenness ee****** * Surface Preparation/Cleaning - all previously painted surfaces will be cleaned effectively prior to applying c oats of primer or finish paint systems, so that all specified c oatings will bond effectively to s ubs trate * Paint Application - all coatings will be applied in acc ord with manufac turer's written recommendations by brush, roll, spray (or combination). * Coat Thic kness - paint m aterial will be applied within m anufacturer's recom mended spread rate and mileage. *Safety Guidelines/MSDS - OSHA s afety guidelines will be adhered to at all tim es and Material Safety Data Sheets for all products will be maintained on s ite. * Liability/W orker's Compens ation - c urrent copies of our liability and worker's compens ation will be supplied prior to our start SURFACE PREPARAT ION STANDARD LEVEL OF PREP Unles s stated otherwise in pic tures and/or text in this proposal, this projec t is priced to include our standard level of prep. This includes the following: - Wash or wipe down s urfac es being painted. - Scrape and sand loose and peeling paint. Please Note** Scraping and s anding will not result in a s mooth finish. There will be ups and downs where paint was removed. - Spot priming bare wood and metal in areas being painted. W e do not s pot prime areas being stained. - W indow glazing if we are painting windows. - Puttying, caulking, and wood filling as needed. W e only caulk areas that were previous ly caulked and are m is sing or failing. W e only rem ove caulking that is failing. - Masonry Patching where needed. Please Note** Masonry patching will not m im ic the current texture of the m asonry surface. This level of prep DOES NOT include (Unles s specified otherwise in this proposal) the following: BUSINESS & COMMERCIAL SERVICES C er taPr o Painters o f North R aleigh 5640 Departure D riv e, Unit A R aleigh, NC 27616 (833) 847-7607 http://northraleigh.cert apro.com License: 81527 C ontractor Licens e: N C General Contractor #81527 Full Work er's C ompens ation C ov erage N ationwide Insurance COM M ERCIAL EXTERIOR Job #: JOB-1393-8928 Date 04/08/2024 We proudly feature Sherwin-Williams paints and s tains. JOB SIT E Orange County - Dickson House 150 E King St Hillsborough, NC 227278 (919) 428-0762 s hooker@orangec ountync .gov PREPARED BY Chad Watson Vice President of Com mercial Developm ent 919-219-2984 cwats on@c ertapro.c om shooker@orangecountync.gov Base Pric e:$12,822.00 Subtotal:$12,822.00 Total:$12,822.00 Depos its Due $3,846.60 Balance $8,975.40 DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 - W ood replacem ent - Fixing im perfections that require feather sanding and bondo applic ation. - Full recaulking if c aulk is not failing or mis sing. - Resculpting trim and s iding where damaged. - Stripping existing s urfac e coating. CLEAN UP Daily: Ladders are taken down and stored in a designated area along with all other tools and s upplies . All debris will be s wept and removed from the property or deposited in the appropriate trash rec eptac le according to the custom er's preference. Upon Com pletion: All tools , supplies & equipment will be removed from the property. ADDENDUM - ALL PICT URES Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 NOT ES OUR CERTAINTY SERVICES SYSTEM: To ensure that the project meets your expectations, we will: Meet with you at the beginning of the project to ensure all information is up to date and ac curate. Comm unicate with you daily to inform you of what has been c om pleted, what will be done tomorrow and any poss ible issues. And finally, have you do a final ins pec tion with us to m ake sure that you are completely satisfied with the com pleted project. ADDIT IONAL NOT ES PICKING YOUR COLORS To pick your colors, pleas e go to the nearest Sherwin W illiam s paint s tore. W e will need to color name, color num ber, and sheen that you would like us to us e. Color choices should be given to CertaPro no later than 5 days before your projects start date to avoid delays. ROTTING W OOD If rotted wood is identified during the painting project, you will be notified. It is not always poss ible to identify rotting wood during the es timating proces s. SIGNAT URES PROPERT Y PHOT O AND VIDEO RELEASE By c hec king this box, I c ons ent to CertaPro Painters®, its em ployees, franchisees, repres entatives , agents, and affiliates (collec tively “CertaPro”), taking photographs and video of the property identified in this Proposal (the “Content”). I irrevoc ably authoriz e CertaPro to use, copyright, and publish the Content in any m edia form at and agree to release CertaPro from any liability as soc iated with its us e of the Content. I represent and warrant that I have the legal capac ity to agree to such release, either on m y own behalf or on behalf of the property’s owner. I acknowledge CertaPro is not res ponsible for any unauthorized third-party us es of the Content and waive any rights that I, or the property's owner, may have in c onnection with the Content. Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces Power was h, clean, prep, prim e & repaint exterior s urfaces 04/08/2024 CertaPro Painters Authorized Signature Date Authorized Client Signature Date Authorized Client Representative Name & Title Client DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 PAYM ENT DETAILS Payme nt is due : Scheduled payments (to be determ ined) COMMERCIAL DEFINITIONS AND CONDITIONS OF THIS CONTRACT RELAT IONSHIP — T he i ndi vidual gi vi ng you this proposal i s an i ndependent co n tra ctor l i censed by CertaPro Painters® to use i ts system s and tradem arks to operate a pai nti ng franchi se. T he wo rk wi l l be com pl eted b y the independent franchi sed contractor. Pl ease make any check paya b le to the franchi se sh o wn on the front o f th i s proposal . COLORS — Col ors m ay be chosen by th e cl i ent pri or to co m m e n cem ent of work. If, a fte r the job starts, a co l o r change i s requi red, the i ndependent Contractor wi l l have to charge for ti m e and m ateri al expenses i ncu rre d on the ori gi nal col or. UNFORESEEN CONDIT IONS — Shoul d condi ti ons ari se wh i ch coul d not be dete rm i n e d by vi sual i nspecti on pri or to starti ng work, the cl i ent m ust pay an agreed upon extra for the com pl eti on o f such work. PROPOSAL — T hi s proposal is val i d for 60 days after i t was wri tten. In addi ti on, th e In d ependent Franchi sed Contractor shoul d be i nform ed of you r d e si re to have the wo rk done and recei ve a si gned copy of the proposa l before work i s to be started. ATTENTION CLIENT: YOU, T HE BUYER, M AY CANCEL T HIS T RANSACT ION AT ANY T IM E PRIOR T O M IDNIGHT OF T HE T HIRD BUSINESS DAY AFT ER T HE DAT E OF T HIS T RANSACT ION. SEE T HE BELOW NOT ICE OF CANCELLAT ION FOR AN EXPLANAT ION OF T HIS RIGHT. (SAT URDAY IS A LEGAL BUSINESS DAY IN CONNECT ICUT.) T HIS SALE IS SUBJECT T O T HE PROVISIONS OF T HE HOM E SOLICITAT ION SALES ACT AND T HE HOME IM PROVEMENT ACT. T HIS INST RUMENT IS NOT NEGOT IABLE. NOTICE OF CANCELLATION YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREED TO RETURN THE GOODS AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO: Nam e of Seller CertaPro Painters of North Rale igh DATE OF TRANSACTION NOT LATER THAN MIDNIGHT OF LIMIT ED T WO YEAR WARRANT Y Subject to the lim itation s et forth below, for a period of 24 m onths from the date of com pletion of the work des cribed on the front of this contract, the Independent Franchis e Owner nam ed on the front of this contract (the "Contractor") will repair peeling, blis tering or chipping paint res ulting from defective workm ans hip. THIS LIMITED WARRANTY DOES NOT COVER: Any work where the Contractor did not s upply the paint or other m aterials . Any work which was not perform ed by the Contractor. Varnis hed s urfaces . Surfaces m ade of, or containing, galvanized m etal. The cos t of paint required to perform the repairs . Custom er Initials Date I HEREBY CANCEL THIS TRANSACTION (Buyer's Signature)(Date) DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Repairs to horizontal s urfaces or any s urface that, by virtue of its des ign perm its m ois ture to collect. Surfaces include, but are not lim ited to, decks , railings , s tairs , porches , roofs and wood gutters . Exact paint m atch as environm ental conditions will affect the color and finis h of all paints over tim e. Any repairs which are neces s itated as a res ult of a defect in the paint regardles s of whether the paint was s upplied by the Contractor or the cus tom er. Bleeding caus ed by knots , rus t or cedar. Cracks in drywall, plas ter or wood. Peeling, blis tering or chipping where they are caus ed by: m ill-glazing from s m ooth cedar ordinary wear and tear. abnorm al us e or m is us e. peeling of layers of paint exis ting prior to the work perform ed by the Contractor. s tructural defects . s ettling or m ovem ent. m ois ture content of the s ubs trate. abras ion, m echanical dam age, abras ive cleaning, abus e or dam age res ulting from us e of chem icals or cleaning agents or expos ure to harm ful s olids , liquids or gas es . dam age or defects caus ed in whole or in part by reas on of fire, explos ion, flood, acts of God, extrem e weather conditions , m is us e, alteration, abus e, vandalis m , negligence, or any other s im ilar caus es beyond the control of the Contractor. Repairs under this lim ited warranty will be perform ed only on the s pecific areas where peeling, blis tering or chipping has occurred and only to the level of s urface preparation des cribed in the preparation s ection of the Contract. FOR THIS WARRANTY TO BE VALID, YOU MUST: Pay the full contract price. Retain a copy of the original contract. Retain a copy of your cancelled check or other evidence of paym ent in full. Pay for all m aterials us ed to perform the repairs . Make the property acces s ible to the Contractor, or his em ployees , to perform the repairs . THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE BY THE CONTRACTOR AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY THE CONTRACTOR TO THE ORIGINAL PURCHASER NAMED ON THE FRONT OF THIS CONTRACT. IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE ORIGINAL CONTRACT PRICE. THIS WARRANTY MAY NOT BE ALTERED OR EXTENDED FOR ANY PURPOSE UNLESS DONE SO IN WRITING IN A DOCUMENT EXECUTED BY ALL PARTIES TO THIS CONTRACT. This warranty gives you s pecific legal rights . Som e juris dictions do not allow lim itations on how long an im plied warranty las ts , s o the above lim itation m ay not apply to you. Som e juris dictions do not allow the exclus ion or lim itation of incidental or cons equential dam ages , s o the above lim itations or exclus ions m ay not apply to you. For warranty s ervice, you s hould contact your Contractor to s chedule an ins pection of your property by calling CertaPro Painters ® at 800.462.3782. DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 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 4/26/2024 Oakbridge Insurance Agency LLC 4011 Westchase Blvd. Suite 120 Raleigh NC 27607 Alyson Surles 929-389-1923 asurles@oakbridgeinsurance.com Builders Premier Insurance Company 13036 SHERSTO-02 Builders Mutual Insurance Company 10844SheriStorchServicesInc DBA CertaPro Painters 6104 Oak Forest Drive Raleigh NC 27616-2910 1730116849 A X 1,000,000 X 100,000 X Ded-see descrip 5,000 1,000,000 2,000,000 X Y PCP0003897 12/17/2023 12/17/2024 2,000,000 A 1,000,000 X X X Y PCA0020512 06 12/17/2023 12/17/2024 B X X 4,000,000MUB00052700712/17/2023Y 12/17/2024 4,000,000 X 10,000 B X Y Y WCP1056332 13 12/17/2023 12/17/2024 1,000,000 1,000,000 1,000,000 A Rented Leased Equipment PCP0003897 12/17/2023 12/17/2024 Limit Deductible 50,000 500 Officers:Kirt Storch and Sheri Storch are excluded from Worker's Compensation General Liability Property Damage Deductible $250 per occurrence.$250 per claim applies to spray painting operations. Orange County,its officers,official agents and employees are additional insureds on the General Liability per form CG7034,Auto Liability per form CA9802, and Umbrella Policy per form CU7038.Workers Compensation Waiver of Subrogation per attached form WC000313. 30 day notice of cancellation applies. Orange County 300 West Tryon Street PO BOX 8181 Hillsborough NC 27278 DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 COMMERCIAL AUTO CA 98 02 06 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Under SECTION II – LIABILITY COVERAGE, the Who Is An Insured provision in paragraph A. 1 is amended to include as an additional “insured” any person or organization 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. All other terms and conditions of this policy remain unchanged. CA 98 02 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84)Copyright 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER OF SUBROGATION ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74 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: CBD9F040-859F-4067-A7B0-CF1414AB6A74 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: CBD9F040-859F-4067-A7B0-CF1414AB6A74 Commercial Umbrella Liability Follow Form Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Except to the extent the insuring agreements, terms, definitions, conditions, and exclusions of this policy differ, the coverage provided by this policy shall follow the insuring agreements, definitions, conditions, and exclusions of the underlying insurance policies as shown in the schedule of underlying policies. COMMERCIAL LIABILITY UMBRELLA CU 70 38 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CU 70 38 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 DocuSign Envelope ID: CBD9F040-859F-4067-A7B0-CF1414AB6A74