HomeMy WebLinkAbout2025-485-E-AMS-Decorative Concrete Coatings of N.C. Inc. dba Sundek of North Carolina-Continuation of Pool Deck ResurfacingRevised 01/24 1
[Departmental Use Only]
TITLE Splex Pool
FY 2025-2026
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER $250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 28th day of
July, 2025, by and between Decorative Concrete Coatings of N.C. Inc. dba Sundek of North Carolina,
(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 General Conditions which are fully
incorporated in this Agreement, the Request for Proposals, designer approved communications and field
orders, the Proposal, Construction Documents and 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 and incorporated General Conditions attached as Exhibit 1.
b. Designer approved and stamped construction documents and drawings and written
specifications.
c. Designer approved communications and field orders.
d. Request for Proposals and addenda thereto.
e. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for 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 Designer.
c. Sundek of North Carolina proposal dated September 24, 2024 which fully describes the work
to be performed, such work (hereinafter called the “Work”).
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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 included by August 30, 2025.
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.
4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the 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, 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 Contractor, Subcontractor, and Sub-subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.
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. 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.
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f. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and 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.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor’s best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences, and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Project Manager with general authority to manage
the Project for the Contractor. The Contractor shall also keep on the Project at all times during
the Work of the Contractor a competent Resident Superintendent and necessary assistants who
shall not be replaced without prior written approval by the Designer or by the Owner if a
Designer is not retained for the Project.
i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise
unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the
Contract Price if and when directed by the Designer.
j. The Contractor shall attend all progress conferences and all other meetings or conferences.
The Contractor shall be represented at these progress conferences by a representative having
the authority of the Project Manager and by such other representatives as the Designer may
direct.
k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor. Any Work in which untested materials are used without written approval or
written permission of the Owner or Designer shall be removed and replaced at Contractor’s
expense.
l. The Contractor shall obtain all necessary permits including all permits required to complete the
Work in compliance with local, state, and federal law.
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 One Hundred Six Thousand, Nine Hundred Eighty-One Dollars ($106,981.00). Not
later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s
Representative, generally the Designer if a Designer 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.
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(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%) (the “Retainage”).
(1) Upon Owner’s Representative’s certification that fifty percent (50%) of the
Work has been satisfactorily completed Retainage shall be reduced to two and
one half percent (2½%).
(2) 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.
(3) The Owner may discontinue withholding retainage in accordance with the
provisions of NCGS-143-(b1)(2) when the project is 50% complete.
(iii) Final payment shall not be due to the Contractor until thirty (30) days after Final
Completion of the Work, including punch list work, has been satisfactorily (as
determined by the County) completed and an appropriate Affidavit, Indemnification,
and Release as required in Section 5.4(e) of Exhibit 1 has been received and approved
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.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
6. NON–APPROPRIATION
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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 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.
7. 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 Sundek of North Carolina
Attn: A. Barnes Attn: Brandon Horak
P.O. Box 8181 2717 Leighton Ridge Drive
Hillsborough, NC 27278 Wake Forest, NC 27587
8. 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 Designer, if a Designer 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
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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
Designer under this section shall be paid at Contractor’s expense.
e. The County has designated (Angel Barnes) to act as the County's representative with respect to
the Project 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.
f. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its
entirety without the prior written consent of the Owner.
g. 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.
h. 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.
9. CONSEQUENTIAL DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
(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.
10. 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 or General Conditions shall be declared
invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date
first above written in a number of counterparts, each of which shall, without proof or accounting for other
counterparts, be deemed an original contract.
ORANGE COUNTY:CONTRACTOR:
By: _________________________________
Travis Myren, County Manager
By: __________________________________
Brandon Horak, VP, GM
Printed Name and Title
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Revised 01/24 8
ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Decorative Concrete Coatings of N.C. Inc. dba Sundek of North Carolina Vendor Contact Person: Brandon
Horak (brandon.horak@sundeknc.com) Phone: 919.670.1550 Address: 2717 Leighton Ridge Drive City Wake Forest State:
NC Zip: 27587 Department: AMS/Sportsplex Amount: $106,981.00 Purpose: Continuation of Pool Deck Resurfacing
Budget Code(s): 54540030-880000-36006 Vendor # 68447
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 07/28/2025 End Date 08/30/2025 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: 36006)
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: 83DA70D9-193E-414B-9C19-272291A5E9D6
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8/8/2025
8/8/2025
8/10/2025
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Received for record retention:
Office of the Clerk to the Board __________________________________________Date:_________
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
RECIPIENT:
Orange County Sportsplex
Orange County Sportsplex - Andrew Stock
PO Box 8181
Hillsborough, NC 27278
SERVICE ADDRESS:
101 Meadowlands Drive
Hillsborough, North Carolina 27278
Quote #2300
Sent on Sep 12, 2024
Job Size (SF)8187
Job Title OCS_Pool
Resurfacing_AquaBright
EcoFinish
Total $106,981.00
Product/Service Description Qty.Unit Price Total
Preparation - Commercial
Pool
1. Drain the pool.
2. Power grind the entire pool with a walk behind
grinder and HEPA vacuum.
3. Make any necessary non-structural repairs and
power sand with fine-grit paper. Structural repairs
will require change order approval
4. Pressure & acid wash the entire pool.
5. Install thermal tape on edge of the tile or coping
for protection.
1 $40,892.40 $40,892.40
EcoFinish_Aqua_Bright
Pool System - Commercial
Pool
1. Xylene & power blow pool.
2. Apply 3 coats of Epoxy to the entire pool.
3. Eco coat 1 - Prime at 1.5. Color: California White
(Commercial White)
4. Eco coat 2 - Main at 1.
5. Remove any buildup or debris before the final
coat.
6. Eco Coat 3 - Finish at .5.
7. Re-install skimmer frame(s) & filter caps.
8. Start filling the pool (customer's responsibility to
complete).
1 $61,338.60 $61,338.60
EcoFinish_Aqua_Bright
Pool System - Beach Entry
- Rec Pool
1. Prep tile for EcoFinish coating (removal and
parge).
2. Xylene & power blow pool.
3. Apply 3 coats of Epoxy to the area.
4. Eco coat 1 - Prime at 1.5. Color: TBD
5. Eco coat 2 - Main at 1.
6. Remove any buildup or debris before the final
coat.
7. Eco Coat 3 - Finish at .5.
8. Beach Coat - Finish at 1.5.
1 $2,800.00 $2,800.00
1 of 5 pages
Sundek of North Carolina
2717 Leighton Ridge Drive | Suite 101 | Wake Forest, NC 27587
(919) 670-1550 | sales@sundeknc.com | https://sundeknc.com/
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
Product/Service Description Qty.Unit Price Total
Preparation - Kid Pool 1. Drain the pool.
2. Power grind the entire pool with a walk behind
grinder and HEPA vacuum.
3. Make any necessary non-structural repairs and
power sand with fine-grit paper. Structural repairs
will require change order approval
4. Pressure & acid wash the entire pool.
5. Install thermal tape on edge of the tile or coping
for protection.
1 $700.00 $700.00
EcoFinish_Aqua_Bright
Pool System - Kid Pool
1. Xylene & power blow pool.
2. Apply 3 coats of Epoxy to the entire pool.
3. Eco coat 1 - Prime at 1.5. Color: TBD
4. Eco coat 2 - Main at 1.
5. Remove any buildup or debris before the final
coat.
6. Eco Coat 3 - Finish at .5.
7. Apply stencil for design.
8. Apply Eco at .5.
9. Remove stencil and feather in stencil with
flame.
10. Re-install skimmer frame(s) & filter caps.
11. Start filling the pool (customer's responsibility
to complete).
1 $1,250.00 $1,250.00
A deposit will be required for your project to be scheduled.
Projected start month: TBD 2025/2026
25% deposit due on approval, 25% due at commencement and 50% due net 30
days after completion.
TERMS AND CONDITIONS
IMPORTANT NOTICE:
The preceding description of work and related prices, which appear above, are
based on a limited visual inspection of the pool. Since the work to be performed by
Sundek of North Carolina involves the renovation or repair of an existing structure,
Sundek of North Carolian is unable to inform itself as to all potential existing
conditions and/or limitations that may be encountered on the jobsite. For this
reason, the price set forth above does not include all factors that may have
Total $106,981.00
2 of 5 pages
Sundek of North Carolina
2717 Leighton Ridge Drive | Suite 101 | Wake Forest, NC 27587
(919) 670-1550 | sales@sundeknc.com | https://sundeknc.com/
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
Notes Continued...
bearing on the ultimate cost associated with the renovation and/or repair of the pool. The prices which appear immediately above are
based upon reasonably anticipated conditions encountered in connection with the repair or renovation of a typical pool like the pool that is
the subject of this contract. Specifically, not included in the prices are the existence of any nonapparent of unforeseen condition or limitation
at the job site. Sundek of North Carolina does not assume, and expressly denies responsibility for, costs associated with any nonapparent
or unforeseen condition that may be encountered.
In the event nonapparent or unforeseen conditions are encountered by Sundek of North Carolina, and in the further event costs associated
with such nonapparent or unforeseen condition are in the amount greater than $5000.00 Commercial and $1500.00 Residential, Sundek of
North Carolina shall, upon such occurrences, immediately inform the customer. The customer shall have the following options:
(a) Authorize Sundek of North Carolina to undertake the nonapparent and unforeseen condition at the customer’s expense.
(b) Arrange to have a third party perform the services at the customer's expense. The work must be in accordance with plans and
specifications approved by Sundek of North Carolina.
(c) Cancel the contract. In the event of cancellation, the customer shall pay Sundek of North Carolina for all work performed up to the time
of cancellation.
WARNING: Owner, or anyone other than Contractor, is not to enter pool/spa until after it is refilled. Doing so is dangerous, can cause bodily
harm, damage the surface of the pool, and could result in additional charges to the Owner & void the warranty.
1. Materials & Additional Work: Unless otherwise specified in the plans and specifications, Contractor shall have the right to select all
materials. When specified materials are unavailable, Contractor shall have right to substitute other materials of equal or better quality.
Additions, alterations, or deviations can vary based on project scope and other factors. Plastic covers, fitting & jets become brittle with age
and can crack/crumble during surface preparation and will be replaced at additional charge to Owner. A working pool light that does not
work after it has been moved for resurfacing does not indicate poor workmanship, as parts could be old. *NOTE* A successful EcoFinish
application requires a suitable substrate surface. CPR cannot adequately evaluate the surface of the existing substrate with water in the
pool. Once the pool is empty, the surface will be thoroughly checked. If the existing surface is not found to be suitable, alternative action
must be taken. No action requiring additional charge will be taken without written authorization by owner or designee.
2. Contract Payments: The Contractor shall not be required to proceed with the installation of the work if the payments applying on same
have not been made as specified in the Contract. If project is mutually agreed to stop due to the conditions at the site, it is agreed that
Contractor is due their cost to that point including sales time, permits, labor, material, and equipment.
3. Unavoidable Interruptions & Transfer of Title: It is hereby mutually agreed that the Contractor shall not be held responsible or liable for
any loss, damage or delay caused by fire, strikes, civil, or military authority, or by any other cause beyond its control. All start and
completion dates are tentative, and subject to change depending on weather conditions or other significant unforeseen events leading up
to, and during, your project. If the Owner shall enter into a sale or shall sell, all or any part of the premises herein involved, the full amount
remaining unpaid on this Contract becomes due and payable within 48 hours after date of such sale or agreement of sale at the option of
the Contractor.
4. Permits & Utilities: Any required permits are to be obtained by Owner. Price excludes permits, bonds, re-enforcing hardware and
materials not pertaining to pool remodel. All utilities not visible are the responsibility of the Owner. All items listed are the responsibility of
the Owner unless otherwise stated. Requirements and inspections of Government Building Codes or Officials of Governmental Building
Departments, not provided for in the plans and the specifications, shall be considered as additional work and shall be charged for as
provided in the 2nd Paragraph above.
5. Complete Agreement: This document contains the entire agreement of the Parties, including all pre-contract negotiations and
understandings, and its execution binds all Parties signing it, jointly and severally, as well as their respective heirs, assigns, representatives
and successors. This Contract is nontransferable. It is understood and agreed that this Contract does not include any labor and materials
not specifically mentioned in this agreement, including condition of plumbing, tile, coping, decking, pool equipment. Contractor reserves the
right to cancel this contract after inspection of the empty pool, if, in the opinion of the Contractor, extensive adverse conditions make it
impractical to achieve a satisfactory bond of fiberglass to pool surface.
6. Draining Pool: Owner is responsible for draining pool, unless otherwise stated above. When a swimming pool is drained, a natural hazard
is temporarily created, caused by an absence of water in the pool. As a result of this hazard, it is possible that, despite any precautions
taken by Contractor, the following conditions may occur: The pool might “float” due to hydrostatic pressure of surcharge conditions; the
pool shell may crack; there may be checking in the plaster; a person or thing could fall into the empty pool, injuring themselves and/or the
pool; or the pool light is cooled by water. If turned on while not immersed, it will be damaged or blow up. Disconnect breaker or tape switch
to prevent accidental turn on. Owner agrees to save and hold Contractor harmless from any liability caused by above or by high water
table. Contractor agrees to take all reasonable precautions for prevention of pool floatation.
7. Guarantee: Contractor warrants that it shall repair any failure of fiberglass or pool finish to bond to the pool surface caused by
defects in material and workmanship for the period of time specified in this contract. If a warranty period is not specified in scope of work,
the warranty period shall be: 5 years for new installations; 90 days for repair work. Warranty will be valid when contract amount is paid in
full, from the date installation is completed, and subject to normal use and care upon notice within the warranty period. This warranty is not
transferable to subsequent purchasers. Owner shall immediately notify Contractor of any defects. The Contractor shall not be liable for
failures resulting from normal wear and tear, mistreatment, neglect, improper maintenance, or defects in construction of the pool or pool
surface, including: a) Further deterioration of plaster after installation of fiberglass, or separation of fiberglass from vermiculite, sand, or
other similar type surface; b) Staining caused by foreign objects in pool, or improper use or levels of chlorine or other chemicals; c) Damage
due to lack of water in pool; or, d) Damage, including cracks, caused by change in water table, ground conditions, or accidental or natural
3 of 5 pages
Sundek of North Carolina
2717 Leighton Ridge Drive | Suite 101 | Wake Forest, NC 27587
(919) 670-1550 | sales@sundeknc.com | https://sundeknc.com/
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
Notes Continued...
causes beyond Contractor’s control. Contractor is not liable for any incidental and consequential damages due to defects or failures,
including the costs of start-up and chemicals necessary to put pool back in balance. All guarantees on labor & materials shall be void if,
during the life of said guarantee any work is done, or other product is applied on the coating by others. Be advised that fiberglass applied to
areas above the waterline (i.e., up over the coping, deck, or gutters) has a good chance of delaminating or cracking due to exposure to the
elements and is not covered by warranty.
8. Cracking: Due to the inherent movement in soil and concrete, and to the possible lack of structural integrity of the pool or concrete
substrate, no guarantee (either expressed or implied) is granted concerning cracks or movement in substrate or resulting cracks and
damage to the resurfacing application caused by these underlying cracks or movement. Excessive movement of the pool shell could still
crack the fiberglass finish. Owner is advised that whenever you go over an existing fiberglass surface without stripping it back to the
substrate, the performance of the new fiberglass is subject to the condition of the underlying fiberglass layer, and there is no guarantee that
the old fiberglass won’t move and/or crack.
9. Leaks: Contractor strongly recommends a leak detection be performed prior to repair or resurfacing work if Owner believes pool is
leaking. Owner understands that the fiberglass surface installed by Contractor does not involve removal of the pool drain, pool light or
skimmer, therefore, leaks associated with these areas are not the responsibility of Contractor. If pool leaks after resurfacing and a leak
detection is required, owner will be responsible for ordering and paying for leak detection. If problem is due to work performed by
Contractor, Contractor will reimburse owner for cost of leak detection.
10. Colors: Owner understands that a strong possibility exists that any color coat other than white will fade, appear milky, appear waxy, or
have some other final appearance which may be undesirable or be impossible to match in the event repair work is necessary. Owner also
understands that the color may vary from the color samples provided prior to installation due to many causes, which may include, but is not
limited to, shape of the pool, depth of water, natural light, and environmental conditions such as water leakage. Owner understands that
Contractor makes absolutely no warranty or guarantee as to the final appearance of color either immediately after application, appearance
of color under the water, or over an extended period of time. All colors could vary, fade, or become un-uniform or not last as long as the
standard white fiberglass due to the process, pigment and coloring agents used in the coating product. Owner understands that Contractor
will not be responsible for variance in color from that which the Owner selects from various samples shown the Owner by Contractor or
from color chips supplied by Owner. Contractor may at its discretion require a signed color waiver.
11. Undetermined Conditions & Access: Conditions not determinable until existing surface covering has been inspected or removed, i.e.,
structural cracking, unstable substrate and similar conditions are not included in the price, unless specifically mentioned as included and
will be charged for in a change order when a determination of the additional cost is known. Access: Owner is to provide reasonable access
and to assume all liability for damage to driveway, walks, curbs, underground lines, plantings, or lawns, resulting from installation. The
Owner is completely responsible for all required fencing as well as removing and replacing fence for access. Contractor is not responsible
for any damage to driveways, sidewalks, sprinkler systems or landscape caused by construction equipment. Owner agrees to save and
hold the Contractor harmless in the event access must be obtained over a third (3rd) person's property. In the event reasonable access is
not furnished at Owner's cost, this contract may be canceled, and Owner shall pay all costs incurred by Contractor.
12. Startup & Cleanup: Owner is responsible for any costs associated with refilling pool and balancing chemicals, including any charges
resulting from local water ordinances and laws. Upon completion of the work Contractor will remove debris and surplus material from
Owner’s property and leave it in a neat condition, however Contractor is not responsible for cleaning dust that may have accumulated on
property near project area. Contractor is not responsible for moving items onto pool/project area after completion.
13. Owner understands that there will be a textured imprint on the surface of the fiberglass finish. A non-skid additive will be applied in
accordance with normal procedure unless specifically stated otherwise.
14. Title to any of the material sold or installed hereunder by the Contractor shall remain in the Contractor until all the terms hereof have
been complied with, and in the event such materials are affixed to realty, it is expressly understood & agreed that they shall remain
personally subject to removal as herein under provided, and further that the Owner hereby waives any and all claims for damage to said
realty or building caused by the removal of said materials or any part hereof.
15. Owner authorizes the placement of a temporary sign at the project job site unless HOA restrictions apply.
16. Dispute Resolution: In the event of any dispute arising under this agreement, the Parties agree that they will first engage in a good
faith process to meet and confer in an attempt to resolve the dispute. A) Should the Parties be unable to resolve the matter through an
informal “meet and confer” process, the Parties hereby agree that the matter shall be submitted to mediation by a neutral third party; B)
Should mediation fail to resolve the dispute, the Parties agree that proper venue for any legal action filed to resolve any dispute arising out
of this Agreement shall be Wake County Superior Court, North Carolina, or the U.S. District Court Raleigh, North Carolina. This Agreement
is entered into and shall be construed and interpreted in accordance with the laws of the State of North Carolina; C) In the event that any
action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, arising out of a breach of
this Agreement, or pertaining to a declaration of rights under this Agreement, the prevailing party shall recover all of such party’s attorneys’
fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. The party filing
any such action shall be entitled to attorney’s fees if, and only if, that party has first availed itself of the “meet and confer” process and
mediation, as set forth in sections above.
COLOR WAIVER
Owner hereby acknowledges that they have enquired about and are requesting that a colored gelcoat or colored pigment to the final coat of
resin. Owner acknowledges that Contractor has explained, and that Owner understands the following:
· Because the colored system is not installed in a controlled environment (i.e., an indoor factory), many variables can impact the outcome
and appearance of a colored finish.
4 of 5 pages
Sundek of North Carolina
2717 Leighton Ridge Drive | Suite 101 | Wake Forest, NC 27587
(919) 670-1550 | sales@sundeknc.com | https://sundeknc.com/
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
Notes Continued...
· A strong possibility exists that the color coat (or portions of the color coat) may fade, appear milky, appear waxy or have some other final
appearance which may be undesirable or be impossible to match in the event repair work is necessary.
· The color may vary from the color sample shown to me by Contractor.
· Portions of the colored finish may react differently and look differently once water is added back to the pool or water feature. The pool
surface and color may appear different, mottled, or inconsistent once water is added.
· Contractor makes absolutely no warranty or guarantee as to the final appearance of color either immediately after application or over a
long period of time.
With the above understanding, Owner hereby requests that a colored gelcoat or colored pigment be used in the resin be applied to their
pool/water feature surface and will hold Contractor harmless in all matters relating to colors.
Color Selection: _____________________ Owner: _____________________Date: ______________
**The following remaining pages are required to be provided to you by State Law. **
NOTICE TO OWNER
Note about Extra Work and Change Orders: Extra Work and Change Orders become part of the Contract once the order is prepared in
writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the
scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule
of progress payments. Please see the sample Change Order form attached to this Contract that will be used if necessary. The buyer may
not require a contractor to perform extra or change-order work without providing written authorization prior to the commencement of work
covered by the new change order. Extra work or a change order is not enforceable against a buyer unless the change order also identifies
all of the following in writing prior to the commencement of work covered by the new change order: - The scope of work encompassed by
the order; - The amount to be added or subtracted from the Contract; - The effect the order will make in the progress payments or the
completion date. The Contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of
compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
Note about Commercial General Liability insurance (CGL): Sundek of North Carolina carries commercial general liability insurance which
we are happy to provide upon request in order to check the contractor's insurance coverage.
Note about Workers’ Compensation Insurance: Sundek of North Carolina carries workers’ compensation insurance for all employees.
Notice of Cancellation
You may cancel this transaction, without any penalty or obligation. If you cancel, any property traded in, any payment
made by you under contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following
receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
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 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 20 days of the date of your Notice 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 agree to return the goods to the seller and fail to do so, then you remain liable for the performance of all obligations under this contract.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE.
Signature ___________________________________
Print Name: __________________________________
Date: _________________________
Signature: _____________________ Date: _____________
5 of 5 pages
Sundek of North Carolina
2717 Leighton Ridge Drive | Suite 101 | Wake Forest, NC 27587
(919) 670-1550 | sales@sundeknc.com | https://sundeknc.com/
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. Section II – Who Is An Insured is amended to include as
an additional insured:
1. Any person or organization for whom you are perfor m-
ing operations when you and such person or organiza-
tion have agreed in writing in a contract or agreement
that such person or organization be added as an add i-
tional insured on your policy; and
2. Any other person or organization you are required to
add as an additional insured under the contract or
agreement described in Paragraph 1. above.
Such person(s) or organization(s) is an additional insured
only with respect to liability for "bodily injury", "property
damage" or "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 be-
half;
in the performance of your ongoing operations for the ad-
ditional insured.
However, the insurance afforded to such additional insured
described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are re-
quired by the contract or agreement to provide for
such additional insured.
A person's or organization's status as an additional insured
under this endorsement ends when your operations for the
person or organization described in Paragraph 1. above are
completed.
B. With respect to the insurance afforded to these additional
insureds, the following additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and
advertising injury" arising out of the rendering of, or
the failure to render, any professional architectural, e n-
gineering or surveying services, including:
a. The preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings
and specifications; or
b. Supervisory, inspection, architectural or engineer-
ing activities.
This exclusion applies even if the claims against any in-
sured allege negligence or other wrongdoing in the super-
vision, hiring, employment, training or monitoring of oth-
ers by that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense which
caused the "personal and advertising injury", involved the
rendering of, or the failure to render, any professional ar-
chitectural, engineering or surveying services.
2. "Bodily injury" or "property damage" occurring after:
a. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or repairs)
to be performed by or on behalf of the additional
insured(s) at the location of the covered operations
has been completed; or
b. That portion of "your work" out of which the 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 pro-
ject.
C. With respect to the insurance afforded to these additional
insureds, the following is added to Section III – Limits Of
Insurance:
The most we will pay on behalf of the additional insured is
the amount of insurance:
1. Required by the contract or agreement described in
Paragraph A.1.; or
2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits
of Insurance shown in the Declarations.
ERIE INSURANCE
COMMERCIAL GENERAL LIABILITY
FIVESTAR CONTRACTORS
ULTRAFLEX PACKAGE
UL-RH (Ed. 7/16) UF-3886
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FIVESTAR CONTRACTORS' EXTRA LIABILITY COVERAGES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Damage to Premises Rented to You - Fire Legal Lia-
bility
1. The following is added to Paragraph 1., Insuring
Agreement of Section I - Coverage A - Bodily In-
jury And Property Damage Liability:
Insuring Agreement
We will pay those sums that the insured becomes le-
gally obligated to pay as damages because of "prop-
erty damage" to buildings rented to you or occupied
by you.
The damage must be caused by fire, lightning, wind-
storm, hail, explosion, riot, civil commotion, vehi-
cles, aircraft, smoke, vandalism, malicious mischief,
water damage, or elevator collision.
2. Exclusions 2. c. through 2. n. of Section I - Bodily
Injury And Property Damage Liability do not ap-
ply to this coverage. A separate limit of insurance
applies to this coverage as described in Section III -
Limits of Insurance.
We do not cover liability assumed by the insured ex-
cept in an "insured contract".
3. Paragraph 9. a. of "Insured contract" of Section V -
Definitions is replaced by the following:
9. a. A contract for a lease of premises. However,
that portion of the contract for a lease of premises
that indemnifies any person or organization for da m-
age by fire, lightning, windstorm, hail, explosion, ri-
ot, civil commotion, vehicles, aircraft, smoke, va n-
dalism, malicious mischief, water damage, or eleva-
tor collision to premises while rented to you or te m-
porarily occupied by you with permission of the
owner is not an "insured contract".
B. Host Liquor Liability Coverage
The following is added to Paragraph 2. c. Exclusions of
Section I - Coverage A - Bodily Injury And Property
Damage Liability:
This exclusion does not apply to liability of the insured or
the indemnitee of the insured arising out of the giving or
serving of alcoholic beverages at functions incidental to
your business, provided you are not engaged in the busi-
ness of manufacturing, distributing, selling, or serving of
alcoholic beverages.
C. Non-Owned Watercraft
Paragraph 2. g. 2) a) Exclusions of Section I - Coverage
A - Bodily Injury And Property Damage Liability is
replaced by the following:
This exclusion does not apply to a watercraft that you do
not own that is less than 51 feet long.
D. Incidental Medical Malpractice
1. The following is added to Paragraph 1., Insuring
Agreement of Section I - Coverage A - Bodily In-
jury And Property Damage Liability:
We will pay those sums that the insured becomes le-
gally obligated to pay as damages because of "bodily
injury" arising from "incidental medical malpractice
injury".
2. The following is added to Paragraph 2. Exclusions of
Section I - Coverage A - Bodily Injury And Prop-
erty Damage:
This insurance does not apply to:
a. Expenses incurred by the insured for first aid to
others at the time of an accident.
b. "Bodily injury" arising from any insured if the
insured is engaged in the business or occupation
of providing the following services:
1) Diagnostic, medical, surgical, dental, x-ray,
or nursing service or treatment or the fur-
nishing of food or beverages in connection
with them;
2) Ambulance, paramedical, rescue squad, or
other service or treatment conducive to
health;
3) The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or ap-
pliances; or
4) Health or therapeutic service, treatment, ad-
vice or instruction.
ERIE INSURANCE
FIVESTAR CONTRACTORS
FS-00-03 (Ed. 2/15) UF-3546
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
2
c. "Bodily injury" arising from any indemnitee if
the indemnitee is engaged in the busi ness or oc-
cupation of providing the following services:
1) Diagnostic, medical, surgical, dental, x-ray,
or nursing service or treatment or the fur-
nishing of food or beverages in connection
with them ;
2) Ambulance, paramedical, rescue squad, or
other service or treatment conducive to
health;
3) The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or ap-
pliances; or
4) Health or therapeutic service, treatment, ad-
vice or instruction
3. The following is added to Section V - Definitions:
"Incidental medical malpractice injury" means injury
arising out of the rendering of or failure to render,
during the policy period, the following services:
a. Diagnostic, medical, surgical, dental, x-ray, or
nursing service or treatment, or the furnishing of
food or beverages in connection with them; or
b. The furnishing or dispensing of drugs or med i-
cal, dental, or surgical supplies or appliances.
E. Volunteer Workers - Medical Payments
The following is added to Paragraph 1. Insuring Agree-
ment of Section I - Coverage C - Medical Payments:
We will pay medical expenses for "bodily injury" sus-
tained by your volunteer workers caused by an accident
while engaged in any of your insured activities.
F. Attorney's Fees
The following is added to Section I - Supplementary
Payments - Coverages A and B:
All reasonable attorneys' fees up to $100 which the in-
sured incurs because of arrest resulting from an accident
involving "mobile equipment" covered by this policy.
G. Bail Bonds
The following is added to Section I - Supplementary
Payments - Coverages A and B:
We will pay up to $500 for each bail bond required by an
insured because of an accident or traffic violation arising
out of the use of a vehicle covered by this policy.
H. The following is added to the definition of "Products-
completed operations hazard" of Section V - Definitions:
Includes all "bodily injury" and "property damage" arising
out of "your product" if your business includes the ha n-
dling or distribution of "your product" for consumption on
the premises you own or rent.
I. Non-Owned Automobile and/or Hired Automobile
Liability Insurance Coverage
1. Insuring Agreement - Non-Owned Automobile Li-
ability Coverage:
a. We will pay those sums that the insured becomes
legally obligated to pay as damages because of
"bodily injury" or "property damage" resulting
from an accident covered by this endorsement.
The accident must arise out of the use of any
"non-owned auto" in your business by any per-
son other than you.
b. This insurance applies to "bodily injury" and
"property damage" only if:
1) The "bodily injury" or "property damage" is
caused by an accident that takes place in the
"coverage territory"; and
2) The "bodily injury" or "property damage" is
caused by an accident during the policy pe-
riod.
2. Insuring Agreement - Hired Automobile Liability
Insurance Coverage:
a. We will pay those sums that the insured becomes
legally obligated to pay as damages because of
"bodily injury" or "property damage" resulting
from an accident covered by this endorsement.
The accident must arise out of the maintenance
or use of "hired autos" by you or your "emplo y-
ees" in the course of your business.
b. This insurance applies to "bodily injury" or
"property damage" only if:
1) The "bodily injury" or "property damage" is
caused by an accident that takes place in the
"coverage territory"; and
2) This "bodily injury" or "property damage" is
caused by an accident during the policy pe-
riod.
3. Exclusions
This Non-Owned Automobile and/or Hired Auto-
mobile Liability Insurance Coverage does not ap-
ply to:
a. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by rea-
son of the assumption of liability in a contract or
agreement. This exclusion does not apply to lia-
bility for damages:
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
3
1) That the insured would have in the absence
of the contract or agreement; or
2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs subse-
quent to the execution of the contract or
agreement. Solely for the purposes of liabil-
ity assumed in an "insured contract", rea-
sonable attorney fees and necessary litiga-
tion expenses incurred by or for a party oth-
er than an insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:
a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured con-
tract"; and
b) Such attorney fees and litigation ex-
penses are for defense of that party
against a civil or alternative dispute res-
olution proceeding in which damages to
which this insurance applies are alleged.
b. Damage To Your Product
"Bodily injury" or "property damage" that results
from "your product" arising out of it or any part
of it.
c. Damage To Property
"Property damage" to:
1) Property owned or transported by you; or
2) Personal property in the care, custody or
control of the insured.
d. Damage To Your Work
"Bodily injury" or "property damage" that results
from "your work", arising out of it or any part of
it, and included in the "products-completed oper-
ations hazard".
e. Employers' Liability
"Bodily injury" to:
1) An "employee" of the insured arising out of
and in the course of:
a) Employment by the insured; or
b) Performing duties related to the conduct
of the insured's business.
2) The spouse, child, parent, brother or sister of
that "employee" as a consequence of Para-
graph 1) above.
This exclusion applies:
1) Whether the insured may be liable as an em-
ployer or in any other capacity; and
2) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
This exclusion does not apply to liability a s-
sumed by the insured under an "insured con-
tract".
f. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to pro-
tect persons or property.
g. Handling of Property
"Bodily injury" or "property damage" that results
from the handling of property:
1) Before it is moved from the place where it is
accepted by the insured for loading into or
onto a "non-owned auto" or "hired auto"; or
2) After it is unloaded from a "non-owned au-
to" or "hired auto" to the place it is finally
delivered by the insured.
h. Fellow Employee
"Bodily injury" to any fellow "employee" of the
insured arising out of and in the course of the fel-
low "employee's" employment or while perfor m-
ing duties related to the conduct of your busi-
ness.
i. Mobile Equipment
"Bodily injury" or "property damage" arising out
of:
1) The ownership, maintenance, use or en-
trustment to others of any "mobile equi p-
ment" owned or operated by or rented or
loaned to any insured.
2) The transportation of "mobile equipment"
by an "auto" owned or operated by or rented
or loaned to any insured; or
3) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
j. Pollution
1) "Bodily injury" or "property damage" aris-
ing out of the actual, alleged or threatened
discharge, dispersal, seepage, migration, re-
lease or escape of "pollutants".
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
4
a) At or from any premises, site or loca-
tion which is or was at any time owned
or occupied by, or rented or loaned to,
any insured. However, this subpara-
graph does not apply to:
i) "Bodily injury" if sustained within
a building and caused by smoke,
fumes, vapor, or soot produced by
or originating from equipment that
is used to heat water for personal
use, by the building's occupants or
guests;
ii) "Bodily injury" or "property dam-
age" for which you may be held li-
able, if you are a contractor and the
owner or lessee of such premises,
site, or location has been added to
your policy as an additional insured
with respect to your ongoing oper a-
tions performed for that additional
insured at that premises, site or lo-
cation and such premises, site, or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
iii) "Bodily injury" or "property dam-
age" arising out of heat, smoke, or
fumes from a "hostile fire".
b) At or from any premises, site, or loca-
tion which is or was at any time used by
or for any insured or others for the ha n-
dling, storage, disposal, processing, or
treatment of waste;
c) Which are or were at any time trans-
ported, handled, stored, treated, dis-
posed of, or processed as waste by or
for any insured or any person or organi-
zation for whom you may be legally re-
sponsible; or
d) At or from any premises, site, or loca-
tion on which any insured or any con-
tractors or subcontractors working di-
rectly or indirectly on any insured's be-
half are performing operations if the
"pollutants" are brought on or to the
premises, site, or location in connection
with such operations by such insured,
contractor, or subcontractor. However,
this subparagraph does not apply to:
i) "Bodily injury" or "property dam-
age" arising out of the escape of
fuels, lubricants, or other operating
fluids which are needed to perform
the normal electrical, hydraulic, or
mechanical functions necessary for
the operation of "mobile equip-
ment" or its parts, if such fuels, lub-
ricants, or other operating fluids es-
cape from a vehicle part designed
to hold, store, or receive them. This
exception does not apply if the
"bodily injury" or "property dam-
age" arises out of the intentional
discharge, dispersal, or release of
the fuels, lubricants or other operat-
ing fluids, or if such fuels, lubri-
cants, or other operating fluids are
brought on or to the premises, site
or location with the intent that they
be discharged, dispersed, or re-
leased as part of the operations be-
ing performed by such insured,
contractor, or subcontractor.
ii) "Bodily injury" or "property dam-
age" sustained within a building
and caused by the release of gases,
fumes, or vapors from materials
brought into that building in con-
nection with operations being per-
formed by you or on your behalf by
a contractor or subcontractor; or
iii) "Bodily injury" or "property dam-
age" arising out of heat, smoke, or
fumes from a "hostile fire".
e) At or from any premises, site, or loca-
tion on which any insured or any con-
tractors or subcontractors working di-
rectly or indirectly on any insured's be-
half are performing operations if the
operations are to test for, monitor, clean
up, remove, contain, treat, detoxify, or
neutralize, or in any way respond to, or
assess the effects of "pollutants".
2) Any loss, cost, or expense arising out of any:
a) Request, demand, order, or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up, re-
move, contain, treat, detoxify, or neu-
tralize, or in any way respond to, or as-
sess the effects of "pollutants"; or
b) Claim or suit by or on behalf of a gov-
ernmental authority for damages be-
cause of testing for, monitoring, clean-
ing up, removing, containing, treating,
detoxifying, or neutralizing, or in any
way responding to, or assessing the ef-
fects of "pollutants".
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
5
However, this paragraph does not apply to liabil-
ity for damages because of "property damage"
that the insured would have in the absence of
such request, demand, order, or statutory or regu-
latory requirement, or such claim or "suit" by or
on behalf of a governmental authority.
k. Racing
Any "auto" while being used in any prearranged
or organized racing, speed or demolition contest,
stunting activity or similar activities, or in prac-
tice for any such activities.
l. War
"Bodily injury" or "property damage" due to war,
whether or not declared, or any act or condition
incident to war. War includes civil war, insurrec-
tion, rebellion or revolution. This exclusion ap-
plies only to liability assumed under a contract or
agreement.
m. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits, or unemploy-
ment compensation law or any similar law.
4. Section II - Who Is An Insured
For Non-Owned Automobile and/or Hired Automo-
bile Liability Insurance Coverage Who Is An In-
sured includes the following:
a. You;
b. Any other person using a "hired auto" with your
permission;
c. With respect to a "non-owned auto", any partner,
member of a limited liability company, or "exec-
utive officer", but only while such "auto" is be-
ing used in your business; and
d. Any other person or organization, but only with
respect to liability because of acts or omissions
of the insured under a., b., or c. above.
5. The following are not included under Section II -
Who Is An Insured:
a. Any person, member of a limited liability co m-
pany, or "executive officer" with respect to an
"auto" owned by such partner, member of a li m-
ited liability company, or "executive officer", or
a member of their household;
b. Any person engaged in the business of their e m-
ployer, with respect to "bodily injury" to any fe l-
low co-"employee" of such person injured in the
cause of their employment;
c. Any person while employed in or otherwise e n-
gaged in duties in connection with an "auto busi-
ness" other than an "auto business" you operate;
d. The owner or lessee (of whom you are a subles-
see) of a "hired auto" or the owner of a "non-
owned auto" or any agent or employer of such
owner or lessee; and
e. Any person or organization with respect to the
conduct of any current or past partnership, joint
venture, or limited liability company shown as a
Named Insured in the Declarations.
6. The following are added to Section V - Definitions:
"Auto business" means the business or occupation of
selling, repairing, servicing, storing, or parking "au-
tos".
"Coverage territory" means the United States of
America (including its territories and possessions),
Puerto Rico and Canada.
"Hired auto" means any auto you lease, hire, or bor-
row.
This does not include any "auto" you lease, hire, or
borrow from any of your "employees", any members
of a limited liability company, any partner, "execu-
tive officer", or members of their households.
"Non-owned auto" means any "auto" you do not own,
lease, hire, or borrow which is used in connection
with your business. This includes any "auto" owned
by or registered in the name of:
a. Your employees including members of their
households;
b. Partners including members of their households
if you are a partnership; or
c. Members of a limited liability company includ-
ing members of their households;
but only while such "auto" is being used in connec-
tion with your business.
J. Owners' and Contractors' Protective Liability
1. The following are added to Paragraph 1., Insuring
Agreement of Section I - Coverage A - Bodily In-
jury And Property Damage Liability:
Insuring Agreement
a. We will pay those sums that the insured becomes
legally obligated to pay as damages because of
"bodily injury" or "property damage" arising out
of:
1) Operations performed for you by contrac-
tors; or
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2) Your acts or omissions in connection with
the general supervision of the operations.
b. This insurance applies to "bodily injury" and
"property damage" only if:
1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory"; and
2) The "bodily injury" or "property damage"
occurs during the policy period.
2. The following is added to Paragraph 2. Exclusions of
Section I - Coverage A - Bodily Injury And Prop-
erty Damage:
This insurance does not apply to:
a. "Bodily injury" or "property damage" which oc-
curs after the earliest of the following times:
1) When all work on the project (other than
service, maintenance, or repairs) to be per-
formed by you or on your behalf at the site
of the covered operations has been complet-
ed; or
2) When that portion of the contractors' work
out of which the injury or damage arises has
been put to its intended use by any person or
organization other than another contractor or
subcontractor working for you on the same
project.
b. "Bodily injury" or "property damage" arising out
of your or your employees' acts or omissions
other than general supervision of work per-
formed for you by any contractor.
K. Elevator Liability
1. The following is added to Paragraph 1., Insuring
Agreement of Section I - Coverage A - Bodily In-
jury And Property Damage Liability:
Insuring Agreement
a. We will pay for loss to any:
1) "Elevator" used by you in the course of your
operations; or
2) Personal property of others in your care,
custody, or control or over which you are
exercising physical control which is caused
by an "elevator collision".
b. This coverage applies only if:
1) The loss takes place in the "coverage territo-
ry"; and
2) The loss occurs during the policy period.
2. Exclusions
This Elevator Liability coverage does not apply to:
a. Loss caused by or resulting from fire;
b. Loss caused by an "elevator collision" arising out
of the breaking, burning out, or disrupting of any
electrical machine not located within the car of
the "elevator";
c. Loss due to war, whether or not declared, or any
act or condition incident to war. War includes
civil war, insurrection, rebellion or revolution.
This exclusion applies only to liability assumed
under a contract or agreement; or
d. Loss for which insurance is provided under ei-
ther Property Damage Liability or Contractual
Liability Coverage.
3. The following are added to Section V - Definitions:
"Elevator" means any hoisting or lowering device to
connect floors or landings, and all its appliances in-
cluding any car, platform, shaft, hoistway, stairway,
runway, power equipment, and machinery. "Elevator"
also includes any hydraulic or mechanical hoist used
for raising or lowering "autos" for lubricating and
servicing or for dumping materials from trucks. "Ele-
vator" does not mean:
a. A hoist without a platform outside a building if it
is without mechanical power or if it is not at-
tached to building walls;
b. A hod or material hoist used in alteration, con-
struction, or demolition operations; or
c. An inclined conveyor used only for carrying
property or a dumbwaiter used only for carrying
property and having a compartment height not
exceeding four feet.
"Elevator collision" means the collision of any part of
an "elevator", or of anything carried on it, with an-
other object.
L. The following is added to Paragraph 4. Other Insur-
ance of Section IV – Commercial General Liability
Conditions in the Commercial General Liability Cover-
age Form:
Primary and Non-Contributory Insurance
This insurance is primary to and will not seek contribu-
tion 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 agree-
ment that this insurance would be primary and would
not seek contribution from any other insurance avail-
able to the additional insured.
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M. Waiver of Subrogation
Paragraph 8. Transfer of Right Of Recovery Against
Others To Us of Section IV – Commercial General Li-
ability Conditions in the Commercial General Liability
Coverage Form is replaced by the following:
Transfer Of Right of Recovery Against Others To Us
We waive any right of recovery we may have against the
additional insured because of payments we have made
under this Coverage Part. However, our rights may only
be waived prior to "bodily injury" or "property damage"
caused by the "occurrence" which we have made pay-
ments under this Coverage Part.
The insured must do nothing after a loss to impair our
rights. At our request, the insured will bring "suit" or
transfer those rights to us and help us enforce these rights.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT
(NORTH CAROLINA)
This enhancement endorsement modifies coverage provided in your Commercial Auto Policy (CAP; Ed. 4/96) and Policy Change
Endorsement ACNA01. It provides coverage enhancements to the following portions of your Commercial Auto Policy:
WHEN AND WHERE THIS POLICY
APPLIES
The following sentence is added to this section:
Liability coverage for hired autos, as defined in the Autos
We Insure Section of the policy, is provided for up to 45
days anywhere in the world, but coverage only applies to
hired autos when the auto is hired, rented or borrowed for use in your business without a driver. However, this coverage does not apply if providing such coverage would
be in violation of any economic or trade sanctions of the
United States of America.
The following subparts are added to this section:
MEDICAL EVACUATION BENEFITS
If an emergency evacuation is required because of injury
you sustain outside of the United States resulting from an accident involving an auto we insure , and a physician determines that adequate medical care cannot be performed
locally , we will pay for the following services and expenses:
1. medical services required for evacuation to the nearest
adequate medical facility;
2. escort services if you are disabled as recommended by
a physician;
3. ambulance service to the nearest airport, including air
ambulance service upon departure;
4. special transportation costs to return you to the United
States, including the cost of a stretcher, oxygen or other supplemental medical devices as deemed necessary by
a physician; and
5. any expenses above the cost of a return airfare ticket
held by you, or in the absence of a ticket the cost of an
economy airfare ticket.
The maximum benefit payable under this coverage shall not
exceed $50,000. However, this coverage does not apply if
providing such coverage would be in violation of any
economic or trade sanctions of the United States of America.
REPATRIATION BENEFIT
If you die from injuries suffered in a covered accident that
occurs outside of the United States we will pay for expenses
incurred for the preparation and transportation of your body
back to the United States. The maximum benefit payable under this coverage shall not exceed $25,000. However, this
coverage does not apply if providing such coverage would be in violation of any economic or trade sanctions of the
United States of America.
AUTOS WE INSURE
2. Hired Autos
The sentence added to this section in Policy Change
Endorsement ACNA01 is deleted and replaced by the
following:
Physical Damage coverage up to $100,000 actual cash value
is provided on an excess basis for hired autos if hired a uto
liability coverage has been purchased and if there is an owned auto we insure on the policy with physical damage
coverage. A $500 deductible applies per loss.
LIABILITY PROTECTION
PERSONS WE PROTECT
The following paragraphs are added at the end of this
section:
4. any employee of yours while using an auto you do not
own, borrow or hire in your business or personal affairs.
For purposes of this paragraph, item 2.b. under
PERSONS WE PROTECT in the policy does not apply.
5. any organization you newly acquire or form, other than a
partnership, joint venture or limited liability company over which you maintain ownership or majority interest
if there is no similar insurance available to that
organization. Coverage is afforded until the 180th day
after you acquire or form the organization or to the end of
the policy period, whichever is earlier. Coverage does not apply to bodily injury or property damage resulting from an accident that occurred 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 shown as a
Named Insured in the Declarations.
ERIE INSURANCE
COMMERCIAL AUTO
AC NE01 (Ed. 8/22) UF-B983
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6 . any person or organization with whom you agreed in a
written contract, written agreement, or written permit to
add a s an additional insured on your policy is an additional insured. Such person or organization is an additional insured only with respect to your ownership,
maintenance or use of an auto we insure . The insurance
provided for such additional insureds applie s solely to
liability arising out of your business operations. This coverage is primary and noncontributory with respect to
the additional insured.
LIMITATIONS ON OUR DUTY TO PAY
What We Do Not Cover – Exclusions
Exclusion 5. is deleted and replaced by :
5. bodily injury to a fellow employee of anyone we protect
arising out of and in the course of employment.
This exclusion does not apply if all employees are
covered by a Workers Compensation & Employers
Liability policy.
PHYSICAL DAMAGE COVERAGES
ADDITIONAL PAYMENTS (NO DEDUCTIBLE APPLIES)
The following additional payments are added to this section:
9. reasonable towing and labor costs to any owned auto .
Labor must be done at the site of the disablement.
10. full replacement cost coverage for any owned auto or trailer that is involved in a total loss resulting from a n
accident or theft that occurs within 90 days of the purchase date. The owned auto or trailer must have
been purchased new by you (never previously titled),
and scheduled on the policy Declarations.
11. any unpaid amount due on the lease or loan for an o wned auto we insure in the event of a total loss to
that auto . The auto must have been leased or
purchased new, and not previously titled to another
person or corporation. Payment will a pply less:
a. any amount paid under the Physical Damage
Coverages section of this policy; and
b. any overdue loan or lease payments at the time of
loss;
c. any financial penalties imposed under a lease for
excessive use, abnormal wear or tear, high mileage,
or other similar charges;
d. any security deposits not refunded by the lessor or
financial institution;
e. any costs for extended warranties, credit life,
health, accident, or disability insurance purchased
with the loan or lease;
f. any carry -over balances from previous leases or
loans.
You are responsible for any deductibles that may
apply.
12. up to $200 per day for loss of income resulting from a
Comprehensive or Collision loss to an auto we insure
if the loss is caused by an interruption of business use
of that auto . The following provisions apply:
a. Coverage starts 48 hours after the date of the loss
that causes the downtime. Downtime refers to the exact number of days the auto is down and cannot
be used for business purposes;
b. Payme nt ends on the date the auto is returned to
you in useable condition, or a replacement auto is
made available to you. However, this coverage
shall not exceed 30 days from the time payment
begins;
c. You are required to make necessary replacement or
repairs to resume operations as soon as possible;
d. Payment under this coverage will be excess over
any payments made under the Comprehensive or
Collision coverage section of the policy;
e. Coverage does not apply if a similar replacement
vehicle is available that you could use to continue
or resume business operations.
ADDITIONAL TRANSPORTATION EXPENSES
The following optional coverage applies only if a premium is
shown for COMMERCIAL AUTO ENHANCEMENT
COVERAGE W/TRANSPORTATION EXPENSES on your
Declarations.
Ite m 2. is deleted from PHYSICAL DAMAGE COVERAGES,
ADDITIONAL PAYMENTS (NO DEDUCTIBLE APPLIES)
in the policy and policy change endorsement ACN A01 and
replaced by the following:
2. transportation expenses resulting from a
Comprehensive or Collision loss we cover. We will
pay these expenses until:
a. the auto we insure is retu rned to you in reasonable
condition; or
b. we offer settlement;
whichever comes first. The payment for transportation
expenses resulting from a Comprehensive loss will not
exceed $65 p er day nor total more than $2,92 5 per loss
unless a higher limit is purchased. The payment for transportation expenses resulting from a Collision loss
will not exceed $65 p er day nor total more than $2,925
per loss unless a higher limit is purchased. No waiting
period applies.
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This coverage is in addition to any Transportat ion
Expenses Coverage purchased under this policy.
RIGHTS AND DUTIES – GENERAL POLICY
CONDITIONS
WAIVER OF SUBROGATION
Condition 12. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US is deleted and replaced by the
following:
If any person or orga nization to or for whom we make payment under this Coverage Form has rights to recover
damages from another, those rights are transferred to us.
That person or organization must do everyt hing necessary to secure our rights and must do nothing after acciden t or loss
to impair them.
We waive any right of recovery we may have against a
person or organization identified as an additional insured
because of payments we make for injury or damage a rising
out of the ownership, maintenance or use of an auto under a contract with that additional insured.
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
WC 00 03 13 (Ed. 1/86) UF-8641
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 shall not operate directly or indirectly to benefit any one not named in the Schedule.
(Please see the Miscellaneous Information Page for Schedule.)
Copyright 1986 National Council on Compensation Insurance.
1
Policy Number: Q88-1200887
ORGANIZATIONS FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED
PRIOR TO THE LOSS TO FURNISH WAIVER.
Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6