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HomeMy WebLinkAbout2025-579-E-AMS-Boer Brothers Heating & Cooling-Justice Facility Replace 6 Ton HP SystemRevised 01/24 1 [Departmental Use Only] TITLE Justice 6 Ton HP FY 2025-2026 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 25th day of August, 2025, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Boer Brothers Heating & Cooling, LLC, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Provide and install 6 ton water furnance geothermal package heat system per estimate 238209990 dated July 24, 2025. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Revised 01/24 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits, or addenda. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Revised 01/24 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Provide and install 6 ton water furnace geothermal package heat pump system. 4. Duration of Services a. Term. The term of this Agreement shall be from 08/25/2025 to 12/30/2025. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 08/25/2025. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Twenty-Eight Thousand, Seven Hundred Eighteen Dollars ($28,718.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Revised 01/24 4 a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of NA (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall 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. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Revised 01/24 5 c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Revised 01/24 6 County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Revised 01/24 7 i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:A. Barnes Boer Brothers Heating & Cooling, LLC P.O. Box 8181 630 NC 54 West Hillsborough, NC 27278 Chapel Hill, NC 27516 [SIGNATURE PAGE TO FOLLOW] Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Revised 01/24 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Travis Myren, County Manager By: __________________________________ Printed Name and Title Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Comfort SpecialistJason Wilson 9/12/20259/16/2025 Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Boer Brothers Heating & Cooling, LLC Vendor Contact Person: Jason Wilson (Jasonw@boerbrothershvac.com) Phone: 919.370.7161 Address: 630 NC Hwy 54 West City Chapel Hill State: NC Zip: 27516 Department: AMS Amount: 28,718.00 Purpose: Justice Facility Replace 6 Ton HP System Budget Code(s): 61370035-880040-11002 Vendor # 61907 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 08/25/2025 End Date 12/30/2025 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: 11002) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content . Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:________ Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE 9/12/2025 9/15/2025 9/16/2025 9/16/2025 ESTIMATE 238209990 ESTIMATE DATE Jul 24, 2025 J O B A D D R E S S 106 East Margaret 106 East Margaret Lane Hillsborough, NC 27278 USA Job: 238062905 Technician: "JW" Jason Wilson E S T I M A T E D E T A I L S 6 ton Water Furnace Geothermal Package Heat Pump System: Replace existing 6 ton Florida Heat Pump Geothermal Package Unit. S E R V I C E D E S C R I P T I O N Q T Y P R I C E T O T A L We Propose We propose to install and service under warranty these products and equipment for your home or business according to the terms of this proposal. 1.00 $0.00 $0.00 WaterFurnacePkgUnit Installation of a Versatec 500 Compact Vertical Single Speed (V5) 072 Model Nomenclature: V5AV072BS3AN4CTLAADN212SSS This series provides the first 30 EER and 5 COP rated water- source heat pump on the market. 3/4-6 Ton Horizontal and Vertical Single Speed Models, 22.4 EER / 4.4 COP (ARI 13256-1 GLHP), 21.6 EER / 6.0 COP (ARI 13256-1 WLHP). 1.00 $27,656.00 $27,656.00 Transitions to new equipment New Supply and Return Plenums / Transitions ducting to existing trunk ducting: -Design, customize and modify supply and return plenum -Mastic seal and waterproof all joints, strap and secure modified ducting -Wrap new plenums or transitions exteriorly with R-8 foil lined 1.00 $0.00 $0.00 Boer Brothers Heating and Cooling 630 NC Hwy 54 West Chapel Hill, NC 27516 (919) 929-9886 BILL TO Orange County Sheriff 106 East Margaret Lane Hillsborough, NC 27278 USA Estimate #238209990 Page 1 of 3 Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE duct wrap. This helps to prevent future microbial growth. -Balance air system Scope of work (Split Heat Pump) Installation of the following piping systems: Condensate Drain Hookup (Primary) Refrigerant Copper Liquid Line Refrigerant Copper Suction Line with 1/2" insulation Condensate Pump (if required/as needed) Installation of the following controls and electrical systems: If applicable, we will reconnect to the existing electrical/control wiring. We will however make changes to existing breaker/fuse sizes to ensure the equipment is installed per the manufacturer's installation specifications and or local code requirements Condensate safety switch (to safely shut down in case of drainage issue) Honeywell digital thermostat unless other is specified in estimate All work done in accordance with existing codes Removal of the existing equipment from the premises Pad for outside unit All work to be performed in a neat and professional manner by journeyman class technicians. Sweeping, dusting, and vacuuming will be accomplished at the conclusion of each day's work and all debris removed from the premises. 1.00 $850.00 $850.00 Standard Equipment Warranty Equipment Warranty 1 Year warranty on labor 10 Year warranty on parts as listed: 10 Year manufacturer warranty on compressor 10 Year manufacturer warranty on indoor and outdoor coils 10 Year manufacturer warranty on heat exchanger All describe above is covered under manufacture's defects and/or workmanship. HVAC equipment needs bi-annual maintenance. Any issues caused by lack of maintenance is not covered under any warranties. *We will provide one energy saving precision tune-up and professional cleaning of outdoor unit during the first year free of charge with purchase of qualifying system. 1.00 $0.00 $0.00 System Inspection Permit Fee System Inspection Permitting Fee: Required by the city or county that the work is being performed in. Once the installation is complete, you will be required to call our Permits Manager, Ernie at 919-441-3568 to schedule a date for the equipment to be inspected by the city or county. Someone will need to be at your home between the hours of 8 am to 5 pm. Sometimes they may give us an afternoon or morning slot but is not guaranteed. ***The city does not give a window of time. T hey will only 1.00 $212.00 $212.00 Estimate #238209990 Page 2 of 3 Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE schedule by date. SUB-TOTAL $28,718.00 TAX $0.00 TOTAL $28,718.00 Thank you for your business! All returned checks are subject to a $20.00 service fee. CUSTOMER AUTHORIZATION We Propose To Install and service under warranty (as stated here) All specified equipment, accessories, products and materials for your home or business in accordance with conditions set forth in this Proposal. Estimate is good for 30 days Sign here Date Estimate #238209990 Page 3 of 3 Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE 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 8/11/2025 Marsh &McLennan Agency LLC 100 Ridgeview Drive Suite 100 Cary NC 27511 certificates@MarshMMA.com Frankenmuth Mutual Insurance Company 13986 BOERBROTHE Accident Fund National Ins.Co 12305BoerBrothersHeating&Cooling LLC 630 NC Hwy 54 West Chapel Hill NC 27516 Tri-State Insurance Company of Minnesot 31003 728924830 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y Y 6620829 5/17/2025 5/17/2026 2,000,000 A 1,000,000 X X X Y 6620828 5/17/2025 5/17/2026 A X X 5,000,000Y66208295/17/2025Y 5/17/2026 5,000,000 B X Y Y 100110578 2/7/2025 2/7/2026 1,000,000 1,000,000 1,000,000 C Leased/Rented Equipment ADV444239647 5/17/2025 5/17/2026 Limit 100,000 Orange County,its officers,official agents and employees are an additional insured on the General Liability,Auto Liability,and Umbrella Policies.Waiver of Subrogation applies in favor of the additional insureds with respect to the General Liability,Workers Compensation and Umbrella Liability when required by contract.30 day notice of cancellation except for 10 day for non payment of premium. Orange County 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 19360 03 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 12 DIAMOND AUTO STANDARD ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the provisions applying to the Business Auto Coverage Form, except as described below. SECTION 1 – WHO IS AN INSURED EXTENSIONS AND ADDITIONAL INTEREST COVERAGES A. SECTION II – LIABILITY COVERAGE, Paragraph A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Subsidiaries As Insureds Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this Coverage. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limits of Insurance. 2. Automatic Insured Status for Newly Formed or Acquired Organizations Any organization that is newly acquired or formed by you and over which you maintain majority ownership will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage does not apply to: (1) Newly formed or acquired joint ventures or partnerships; (2) "Bodily injury" or "property damage" resulting from an "accident" that occurred before you formed or acquired the organization; and (3) Any insured under any other automobile liability policy or would be an insured under such a policy but for the termination of coverage or the exhaustion of policy liability limits of insurance. 3. Employees as Insureds Your "employees" are insureds while using a covered "auto" in your business or your personal affairs, provided you do not own, hire, or borrow that "auto". 4. Hired Auto Liability For Employees An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee’s" name, with your permission, while performing duties related to the conduct of your business. 5. Automatic Additional Interest Any person or organization whom you are required to add as an Additional Insured on this policy under a written contract or written agreement in effect on the date of the "accident"; and signed by all parties prior to the "accident". This person or organization is an Additional Insured to the extent you are liable for an "accident" caused in whole or in part, using a covered "auto" being driven by you or any "insured". B. Primary and Noncontributory – Other Insurance Condition SECTION IV – BUSINESS AUTO CONDITIONS, Paragraph B.5. Other Insurance Condition is changed. The following is added and supersedes any provision to the contrary: 1.This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: a. The Additional Insured is a Named Insured under such other insurance; and b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission.19360 03 25 2. Regardless of the written contract or written agreement between you and an Additional Insured, this insurance is excess over any other insurance whether primary, excess, contingent or any other basis for which the Additional Insured has been added as additional insured on other policies. 3. The most we will pay on behalf of the Additional Insured is the amount of insurance required in writing in a contract or agreement; or available under the applicable Limits of Insurance shown in the Declarations; whichever is less. C. Automatic Waiver of Transfer of Rights of Recovery Against Others To Us Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV – BUSINESS AUTO CONDITIONS is changed with the addition of the following: The Transfer of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived: 1. Under a written contract or written agreement with such person(s) or organization(s); and 2. Prior to the "accident" or the "loss". SECTION 2 – LIABILITY EXTENSIONS AND ADDITIONAL COVERAGES A. Bodily Injury Coverage Extension – Mental Anguish SECTION V – DEFINITIONS, C. "Bodily Injury" is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish and death sustained by the same person that results from such bodily injury, sickness, or disease. "Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness, or disease. B. Certain Trailers And Temporary Substitute Autos Coverage Extension SECTION I – COVERED AUTOS,Paragraph C.1. is changed by the following: Gross Vehicle Weight Rating of 3,000 pounds is deleted and replaced with Gross Vehicle Weight Rating of 5,000 pounds. C. Coverage for Certain Operations In Connection with Railroads With regards to the use of covered "autos" in operations for or affecting a railroad: 1. SECTION V – DEFINITIONS, H. "Insured contract", 3.is deleted and replaced by the following: 3. An easement or license agreement; 2. SECTION V – DEFINITIONS, H. "Insured contract",a.is deleted. D. Covered Autos Coverage Extension If SECTION 1 COVERED AUTOS is provided as Symbol 1 Any "Auto" then any "auto" includes mobile equipment subject to compulsory or financial responsibility or other motor vehicle insurance law only. Covered mobile equipment includes only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. E. Drive Other Car – Automatic Coverage for Executive Officers 1. Changes in SECTION II – COVERED AUTOS LIABILITY COVERAGE a. If Covered Auto Liability, Auto Medical Payments, Personal Injury Protection, Comprehensive, Specified Causes of Loss, Collision, or Uninsured and Underinsured Motorist is shown in the Declarations for any private passenger or light truck type auto, then the same type of coverage is provided for Drive Other Car – Automatic Coverage for Executive Officer. b. Any "auto" you don’t own, hire, or borrow is a covered "auto" while being used by any "executive officer" or by his or her spouse while a resident of the same household except: (1) Any "auto" owned by that "executive officer" or by any member of his or her household. (2) Any "auto" used by that "executive officer" or his or her spouse while working in a business of selling, servicing, repairing, or parking "autos". Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 19360 03 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 12 2. Changes in Auto Medical Payments and Uninsured and Underinsured Motorists Coverages The following is added to Paragraph A.1. Who Is An Insured: Any "executive officer" and his or her "family member" are "insureds" while "occupying" or while a pedestrian when being struck by any "auto" you don’t own except: Any "auto" owned by an "executive officer" or by any "family member". 3. Changes in SECTION III – PHYSICAL DAMAGE COVERAGE Any private passenger type "auto" you don’t own, hire, or borrow is a covered "auto" while in the care, custody, or control of any "executive officer" or his or her spouse while a resident of the same household except: a. Any "auto" owned by that "executive officer" or by any member of his or her household. b. Any "auto" used by that "executive officer" while working in a business of selling, servicing, repairing, or parking "autos". 4. Additional Definitions As used for Drive Other Car – Automatic Coverage for Executive Officers the following definitions are added. a. "Executive officer" means any person holding any of the officer positions created by your organization’s governing document. b. "Family member" means a person related to the "executive officer" by blood, marriage or adoption who is a resident of the "executive officer’s" household, including a ward or foster child. F. Expected or Intended Injury Coverage Extension SECTION II – COVERED AUTOS LIABILITY COVERAGE, B.1.Exclusion is deleted and replaced with the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". But this exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. G. Fellow Employee Coverage Extension SECTION II – COVERED AUTOS LIABILITY COVERAGE, B. Exclusions Paragraph 5.Fellow Employee is deleted. H. Pollution Liability Additional Coverage 1. SECTION II – COVERED AUTOS LIABILITY COVERAGE, B. Exclusions are changed as follows: a. Paragraph 11.a. Pollution Exclusion applies only to liability assumed under a contract or agreement. b. With respect to the coverage afforded by Paragraph 1.a.above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes in SECTION V – DEFINITIONS for the purposes of this coverage, Paragraph D.of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of, or abandoned by the "insured". Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission.19360 03 25 Paragraphs a.and b.above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned, or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. The Aggregate Limit shown in the Coverage Schedule is the most we will pay for the sum of all damages and "covered pollution cost or expense" involving the insurance provided by this endorsement. The Aggregate Limit applies separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the Policy Period shown in the Declarations, unless the Policy Period is extended after the issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Aggregate Limit. 4. This additional coverage does not apply to "autos" garaged in Vermont if Vermont Changes form 19352 is attached to policy. I. Supplemental Payments SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is changed by: 1. Replacing the $2,000 Limits of Insurance for bail bonds with the limits shown in the Coverage Schedule and; 2. Replacing the $250 Limits of Insurance for reasonable expenses with the limits shown in the Coverage Schedule. SECTION 3 – PHYSICAL DAMAGE EXTENSIONS AND ADDITIONAL COVERAGES Physical Damage Extensions and Additional Coverages are only available for "autos" with Comprehensive, Specified Causes of Loss, and Collision physical damage coverages. SECTION III – PHYSICAL DAMAGE COVERAGE is changed as follows: A. Airbag Coverage B. Exclusions, 3.a. is changed by adding the following: The mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. B. Audio, Visual and Data Electronic Equipment Limits of Insurance Paragraph b.is changed by deleting the $1,000 limit and replacing it with the limit shown in the Coverage Schedule. C. Business Interruption Additional Coverage 1. Coverages a. Business Income We will pay for the actual loss of "business income" you sustain due to the necessary "suspension" of your "operations" during the "period of restoration". The "sus- pension" must be caused by direct and accidental loss or damage to "business property". The direct and accidental loss or damage must be caused by or result from a Covered Cause of Loss and must occur while such "business property" is located within the coverage territory. b. Extra Expense We will pay the actual and necessary "extra expense" you incur during the "period of restoration" due to direct and accidental loss or damage to "business property". The direct and accidental loss or damage must be caused by or result from a Covered Cause of Loss and must occur while such "business property" is located within the coverage territory. c. Extended Business Income If the necessary "suspension" of your "operations" produces a "business income" loss payable under this endorsement, we will pay for the actual loss of "business income" you incur during the period that: (1) Begins on the date "business property" is actually repaired or replaced and "operations" are resumed; and Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 19360 03 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 5 of 12 (2) Ends on the earlier of: (a) The date you could restore your "operations", with reasonable speed, to the level which would generate the "business income" amount that would have existed if no direct and accidental loss or damage had occurred; or (b) 60 consecutive days after the date determined in Paragraph c.(1).How- ever, Extended Business Income Additional Coverage does not apply to loss of "business income" incurred as a result of unfavorable business conditions caused by the impact of the Covered Cause of Loss in the area where "business property" is normally used. Loss of "business income" must be caused by direct and accidental loss or damage to "business property" caused by or resulting from a Covered Cause of Loss. d. Temporary Substitute And Newly Acquired Property The coverage applicable to "business property" under this endorsement is extended to apply to: (1) Property that is used as a temporary substitute for "business property", but only while such "business property" is out of service due to breakdown, repair, servicing, destruction, or direct and accidental loss or damage; (2) Newly acquired property, other than temporary substitute property described in Paragraph d.(1),but only if it serves as a replacement for "business property". 2. Covered Causes Of Loss With respects to Business Interruption coverage, the following Covered Causes of Loss apply: a. Comprehensive, meaning any cause of direct and accidental loss or damage except: (1) "Business property's" collision with another object; or (2) "Business property's" overturn. Comprehensive also includes direct and accidental loss or damage caused by falling objects, missiles or hitting a bird or animal. b. Specified Causes of Loss, meaning direct and accidental loss or damage caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting “business property”. c. Collision, meaning direct and accidental loss or damage caused by: (1) "Business property's" collision with another object; or (2) "Business property's" overturn. 3. Exclusions We do not provide Business Interruption Coverage under this endorsement: a. When direct and accidental loss or damage is caused by or results from any of the following, regardless of any other cause or event that contributes concurrently or in any sequence to the direct and accidental loss or damage: (1) Nuclear Hazard The explosion of any weapon employing atomic fission or fusion; or Nuclear reaction or radiation, or radioactive contamination, however caused. (2) War Or Military Action (a) War, including undeclared or civil war; (b) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (c) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. b. When direct and accidental loss or damage to "business property" is caused by or results from "business property" being used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We also do not provide coverage under this endorsement while that "business property" is being prepared for such contest or activity. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission.19360 03 25 c. When direct and accidental loss or damage is due and confined to: (1) Wear and tear, freezing, mechanical or electrical breakdown. (2) Blowouts, punctures, or other road damage to tires. d. For any increase of "business income" loss caused by or resulting from the suspension, lapse or cancellation of any license, lease, or contract. But if the suspension, lapse or cancellation is directly caused by the "suspension" of "operations", we will cover such loss that affects your "business income" during the "period of restoration". e. For any "extra expense" caused by or resulting from the suspension, lapse or cancellation of any license, lease, or contract beyond the "period of restoration". f. For any other consequential loss. 4. Limits of Insurance a. The most we will pay in any one occurrence for the total of all covered "business income" loss and "extra expense" is the limit provided in the Coverage Schedule, regardless of the number of premiums paid or claims made. b. Payments made under Extended Business Income or Temporary Substitute And Newly Acquired Property will not increase the applicable Limits of Insurance. 5. Changes In Conditions With respect to the coverage provided by this endorsement, the following conditions are added and replace any provisions to the contrary: a. Appraisal If we and you disagree on the amount of Net Income and operating expense or the amount of loss, either may make written demand for an appraisal. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense or amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: (1) Pay its chosen appraiser; and (2) Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. b. Duties In The Event Of Loss If there is direct and accidental loss or damage to "business property", you must do the following: (1) Give us or our authorized representative prompt notice of such loss or damage. Include a description of the "business property" involved. (2) As soon as possible, give us or our authorized representative a description of how, when and where such loss or damage occurred. (3) Promptly notify the police if "business property" or any of its equipment is stolen. (4) Take all reasonable steps to protect "business property" from further damage and keep a record of your expenses necessary to protect "business proper- ty", for consideration in the settlement of the claim. Also, if feasible, set such property aside and in the best possible order for examination. (5) As often as may be reasonably required, permit us to inspect "business property" and examine and make copies of your books and records. (6) Agree to examinations under oath at our request and give us a signed statement of your answers. (7) Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. (8) Cooperate with us in the investigation or settlement of the claim. (9) If you intend to continue your business, you must resume all or part of your "operations" as quickly as possible. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 19360 03 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 7 of 12 c. Other Insurance (1) You may have other insurance subject to the same plan, terms, conditions, and provisions as the insurance provided under this endorsement. If you do, we will pay our share of the covered "business income" loss or "extra expense". Our share is the proportion that the applicable Limits of Insurance under this endorsement bears to the Limits of Insurance of all insurance covering on the same basis. (2) If there is other insurance covering the same "business income" loss or "extra expense", other than that described in Paragraph 6.a.above, we will pay only for the amount of covered "business income" loss or "extra expense" in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limits of Insurance. d. Loss Determination (1) The amount of "business income" loss will be determined based on: (a) The Net Income of your "operations" before the direct and accidental loss or damage occurred; (b) The likely Net Income of your "operations" if no direct and accidental loss or damage had occurred, but not including any Net Income that would likely have been earned as a result of an increase in the volume of your "operations" due to favorable business conditions caused by the impact of the Covered Cause of Loss on customers or on other businesses; (c) The operating expenses, including payroll expenses, necessary to resume "operations" with the same quality of service that existed just before the direct and accidental loss or damage; and (d) Other relevant sources of infor- mation, including: (i) Your financial records and accounting procedures; (ii) Bills, invoices, and other vouchers; and (iii) Titles, liens, or contracts. (2) The amount of "extra expense" will be determined based on: (a) All expenses that exceed the normal operating expenses that would have been incurred by "operations" during the "period of restoration" if no direct and accidental loss or damage had occurred. We will deduct from the total of such expenses: (i) The salvage value that remains of any property bought for temporary use during the "period of restoration", once "operations" are resumed; and (ii) Any "extra expense" that is paid for by other insurance, except for insurance that is written subject to the same plan, terms, conditions, and provisions as the coverage provided by this endorsement; and (iii) Necessary expenses that reduce the "business income" loss that otherwise would have been incurred. e. Resumption Of Operations (1) We will reduce the amount of your "business income" loss, other than "extra expense", to the extent you can resume "operations", in whole or in part, by using any property. (2) We will reduce the amount of your "extra expense" loss to the extent you can return "operations" to normal and discontinue such "extra expense". (3) If you do not resume "operations", or do not resume "operations" as quickly as possible, we will pay based on the length of time it would have taken to resume "operations" as quickly as possible. f. Loss Payment We will pay for covered "business income" loss or "extra expense" within 30 days after we receive the sworn documentation addressed in Paragraph b.(7)if you have complied with all of the terms of this Coverage Part and: (1) We have reached agreement with you on the amount of such loss; or (2) An appraisal award has been made. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission.19360 03 25 6.Additional Definitions As used for Business Interruption Coverage the following definitions are added: a. "Business income" means the: (1) Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and (2) Continuing normal operating expenses incurred, including payroll. b. "Business property" means any property necessary for your mobile business that is in or on a covered "auto" regardless if it is permanently installed, including: (1) Electronic equipment; (2) Supplies, furnishings, and equipment not permanently attached to covered "auto". c. "Extra expense" means necessary expens- es (other than the expense to repair or replace property) that you would not have incurred if there had been no direct and accidental loss or damage to "business property". "Extra expense" includes ex- penses which are incurred: (1) To avoid or minimize the "suspension" of "operations" and to continue "opera- tions"; (2) To minimize the "suspension" if you cannot continue "operations"; or (3) For temporary use of other property. d. "Operations" means your off premises or mobile business activities that are dependent on "business property". e. "Period of restoration" means the period of time that: (1) Begins 72 hours after the time of direct and accidental loss or damage for Business Income Coverage, or immediately after the time of direct and accidental loss or damage for Extra Expense Coverage; caused by or resulting from a Covered Cause of Loss to "business property"; and (2) Ends on the earlier of: (a) The date when "business property" should be repaired or replaced with reasonable speed and similar quality; or (b) The date when "operations" are resumed. "Period of restoration" does not include any increased period required due to the enforcement of or compliance with any ordinance or law that: Regulates the use or repair of any property, or requires updated emissions controls or safety features which were not part of "business property" prior to the direct and accidental loss or damage; or requires anyone to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". The expiration date of this Policy will not cut short the "period of restoration". f. "Suspension" means the slowdown or cessation of your "operations". D. Deductible Waived – Multiple Policies With Us For Same Named Insured SECTION III – PHYSICAL DAMAGE COVER- AGE, Paragraph D.2.is deleted and replaced with the following: 2. Regardless of the number of covered "autos" damaged or stolen, the maximum deductible applicable for all "loss", in any one event caused by: a. Theft or mischief or vandalism; or b. All perils, will be the highest deductible applicable to those covered "autos". If the application of the highest deductible is less favorable or more restrictive to the insured than the separate deductibles as applied in the standard form, the standard deductibles will apply. E. Deductible Waived – Collision Of Parked Auto SECTION III – PHYSICAL DAMAGE COVER- AGE, Paragraph D.Deductible is changed by adding the following: The deductible does not apply to "loss" caused by collision to such covered "auto" while it is: 1. In the charge of an "insured"; 2. Legally parked; and 3. Unoccupied. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations or Change Endorsement. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 19360 03 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 9 of 12 F. Deductible Waived – Glass SECTION III – PHYSICAL DAMAGE COVER- AGE, Paragraph D.Deductible is changed by adding the following: No deductible applies to glass damage, including repair or replacement. G. Fire Department Service Charge When the fire department is called to save or protect a covered "auto" its equipment, contents, or occupants from a covered "accident", we will pay the amount stated in the Coverage Schedule for your liability for fire department service charges: 1. Assumed by contract or agreement prior to loss; or 2. Required by local ordinance. No deductible applies to this additional coverage. H. Fire Extinguisher Recharge We will pay the actual cost of recharging or replacing, whichever is less, fire extinguishers kept in your covered "auto" that are intentionally discharged in an attempt to extinguish a fire. I. Hired Auto Loss Of Use Changes in SECTION III – PHYSICAL DAMAGE COVERAGE,Coverage Extension for Loss Of Use Expenses in Paragraph A.4.b.is deleted and replaced by the following: For Hired Auto Physical Damage we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for the loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto" or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is the amount shown in the Coverage Schedule. J. Hired Auto Physical Damage – Employee As Lessor Changes in General Conditions Section IV – Business Auto Conditions, 5. Other Insurance, b.is deleted and replaced by the following; b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that "employee’s" name with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented, or borrowed with a driver is not a covered "auto". K. Hired Auto Physical Damage Including Trailers If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive, Specified Causes of Loss, and Collision Physical Damage Coverages are provided under SECTION III – PHYSICAL DAMAGE COVERAGE for any "auto" you own, then Physical Damage coverage provided is extended to "autos" you hire or certain "trailers" with a registered Gross Vehicle Weight of 5,000 pounds or less designed primarily for travel on public roads, subject to the following: 1. The most we will pay for "loss" to certain hired "trailer" or hired "auto" is the limit displayed on the Coverage Schedule, or Actual Cash Value or Cost of Repair, whichever is smallest. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage or $1,000, whichever is less. Deductible does not apply to loss by fire or lightning. 3. Hired Auto Physical Damage coverage is excess over any other collectible insurance purchased by the insured. 4. Subject to the limit, deductible, and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own under this policy. L. Loan/Lease Gap Coverage SECTION III – PHYSICAL DAMAGE COVERAGE C. Limits of Insurance is changed by the addition of the following: In the event of a total "loss" to a covered "auto", of the private passenger or light truck type with an original loan or lease: 1. We will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Policy’s Physical Damage Coverage; and b. Any: Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission.19360 03 25 (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (3) Security deposits, not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. 2. The Other Insurance Condition is changed for this coverage to add the following: The insurance provided by this Loan/Lease Gap Coverage is excess over any other collectible insurance including but not limited to any coverage provided by or purchased from the lessor or any financial institution. M. Lock Replacement Including Emergency Lock Out We will reimburse you up to the limit displayed on the Coverage Schedule for reasonable expense incurred for the services of a locksmith to enter your covered "auto" subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen, or locked in your covered "auto" and you are unable to enter such "auto", or 2. Your keyless entry device battery dies, and you are unable to enter such "auto" as a result, or 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry. Original copies of receipts for services from a locksmith must be provided before reimbursement is payable. N. Personal Property Coverages Personal Effects Personal Property Of Others Personal Property Used In Your Business Under SECTION III – PHYSICAL DAMAGE COVERAGE – Coverage Extensions,Paragraph A.4.the following is added: 1. We will extend the Comprehensive, Specified Causes of Loss, and Collision coverages that apply to a covered "auto" to "loss" of personal property contained in or on a covered "auto". This coverage extension is subject to the following: a. Covered property is personal property owned by you, personal property owned by others, and personal property used in your business. b. Comprehensive Coverage is extended only for "loss" because of fire, lightning, theft or attempted theft, if there are visible signs of someone breaking into the covered "auto". However, visible signs of someone breaking into the covered "auto" are not a requirement when the entire vehicle is stolen. 2. This coverage extension does not apply to: a. Property that is covered by Audio, Visual and Electronic Data Equipment provided in SECTION 3 – PHYSICAL DAMAGE EXTENSIONS AND ADDITIONAL COV- ERAGES Paragraph B.or any other communication or electronic data devices; b. Money or jewelry; and c. Property specifically insured. 3. The most we will pay for "loss" in any one "accident" is the least of: a. The actual cash value of the damaged or stolen property as of the time of the "loss". b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. The limit displayed on the Coverage Schedule. O. Replacement Cost – Private Passenger Autos Under SECTION III – PHYSICAL DAMAGE COVERAGE,Paragraph A. Coverage the following is added: 1. In the event of a total "loss" to a covered "auto" you own of the private passenger type we will pay to replace such covered "auto", minus any applicable deductible shown in the Declarations, if: a. Comprehensive, Specified Causes of Loss, and Collision Coverage are provided for that "auto" at the time of "loss"; b. The total "loss" occurs within the number of months shown on the Coverage Schedule after you become the original owner of that "auto"; and c. The mileage shown on the odometer of that "auto" at the time of the "loss" is less than the number of miles shown on the Coverage Schedule. 2. The following is added to Paragraph C.Limits of Insurance: Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 19360 03 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 11 of 12 a. The most we will pay will be the amount to replace a covered "auto" of the private passenger type for the same make, model, trim level, and equipment or an equivalent. If a new vehicle with the same make, model, trim level and equipment or an equivalent is not available, our limit of liability will be the amount to replace the covered "auto" with a new vehicle that is: (1) Similar in class, body type, size, and equipment; and (2) Similar in price to the price you paid for the covered "auto" that is being replaced but not to exceed an amount equal to 110% of the Manufacturer’s Suggested Retail Price (MSRP) of the covered "auto" being replaced. b. No one will be entitled to receive duplicate payments for the same elements of "loss" under this endorsement and SECTION III – PHYSICAL DAMAGE COVERAGE. P. Replacement Costs – Trucks Up To 20,000 GVW Under SECTION III – PHYSICAL DAMAGE COVERAGE,Paragraph A. Coverage the following is added: 1. In the event of a total "loss" to a covered "auto" you own of the truck type with a Gross Vehicle Weight less than 20,000 pounds, we will pay to replace such covered "auto", minus any applicable deductible shown in the Declarations, if: a. Comprehensive, Specified Causes of Loss, and Collision Coverage are provided for that "auto" at the time of "loss"; b. The total "loss" occurs within the number of months shown on the Coverage Schedule after you become the original owner of that "auto" and c. The mileage shown on the odometer of that "auto" at the time of the "loss" is less than the number of miles shown on the Coverage Schedule. 2. The following is added to Paragraph C.Limits of Insurance: a. The most we will pay will be the amount to replace a covered "auto" of the truck type with a Gross Vehicle Weight of less than 20,000 pounds for the same make, model, trim level, and equipment or an equivalent. If a new truck with the same make, model, trim level and equipment or an equivalent is not available, our limit of liability will be the amount to replace the covered "auto" with a new vehicle that is: (1) Similar in class, body type, size, and equipment; and (2) Similar in price to the price you paid for the covered "auto" that is being replaced but not to exceed an amount equal to 110% of the Manufacturer’s Suggested Retail Price (MSRP) of the covered "auto" being replaced. b. No one will be entitled to receive duplicate payments for the same elements of "loss" under this endorsement and SECTION III – PHYSICAL DAMAGE COVERAGE. Q. Transportation Expense Extension (Including Rental Reimbursement) SECTION III – PHYSICAL DAMAGE COV- ERAGE,Paragraph A.4.a. Transportation Expenses is deleted and replaced with the following: 1. We will pay for transportation expense incurred by you because of a "loss" of a covered "auto" of the private passenger, light truck type, or medium truck type. We will pay only for those covered "autos" for which you carry Comprehensive, Specified Causes of Loss, and Collision coverages. 2. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the Policy’s expiration, when the covered "auto" is returned to use or we pay for its "loss". 3. If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger or light truck type, the most we will pay is the amount it costs to rent an "auto" of the private passenger or light truck type which is of like kind and quality as the covered "auto" subject to the maximum limit on the Coverage Schedule. . 4. A per day limit and deductible do not apply to this coverage. R. Towing And Labor SECTION III – PHYSICAL DAMAGE COVERAGE,Paragraph A.2.is deleted and replaced by the following: 1. We will pay for towing and labor cost incurred subject to the following: a. Up to the limit shown on the Coverage Schedule each time a covered "auto" of the private passenger type is disabled; or b. Up to the limit shown on the Coverage Schedule each time a covered "auto" other than private passenger type is disabled. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission.19360 03 25 2. The labor must be performed at the place of disablement. 3. This coverage extension is in addition to any limit shown on the Declarations for Towing and Labor. S. Vehicle Sign and Wrap Coverage SECTION III – PHYSICAL DAMAGE COVERAGE Paragraph 4.is changed to add the following: 1. We will pay with respect to a covered "auto" for "loss" to automobile customization which includes special carpeting and insulation, height - extended roofs and custom murals, paintings, vinyl wraps or other details or graphics. 2. Our limit of liability for "loss" to automobile customizations in any one "accident"will be valued at replacement cost minus the actual cash value up to an additional $2,000. This Coverage Extension does not apply to electronic equipment. SECTION 4 – CHANGES IN CONDITIONS A. Changed Duties In The Event Of Accident, Occurrence, Claim Or Suit The requirement in SECTION IV – BUSINESS AUTO LOSS CONDITIONS Paragraph A.2.a. – DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS – of SECTION IV – BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; or 3. An executive officer or insurance manager, if you are a corporation. B. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. C. Unintentional Failure To Disclose Hazards / Concealment Misrepresentation Or Fraud SECTION IV – BUSINESS AUTO CONDITIONS, Paragraph B.2.is changed to add the following: However, if you should unintentionally mispresent or conceal information to us at any time, we will not deny coverage under this policy based on this unintentional error or omission. This provision does not affect our right to cancel or non-renew your coverage or collect additional premium for any added exposures. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 THIS SCHEDULE CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 19361 03 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 2 DIAMOND AUTO STANDARD ENDORSEMENT COVERAGE SCHEDULE This Schedule is used in conjunction with the Business Auto Policy Declaration when the Business Auto Policy includes the Diamond Auto Standard Endorsement. This Schedule supplements the Business Auto Policy Declaration. This is a summary of the additional coverages provided by the Diamond Auto Standard Endorsement, for complete details on specific coverages consult the actual endorsement. SECTION 1 – WHO IS AN INSURED EXTENSIONS AND ADDITIONAL INTEREST COVERAGES Coverage Description Coverage Enhancement Subsidiaries As Insureds Included Newly Formed Or Acquired Organizations Broadened Employees As Insureds Broadened Hired Auto Liability For Employees Included Automatic Additional Interest Included Primary And Noncontributory Included Automatic Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included SECTION 2 – LIABILITY EXTENSIONS AND ADDITIONAL COVERAGES Coverage Description Coverage Enhancement or Limit of Liability Bodily Injury Coverage Extension – Mental Anguish Broadened Certain Trailers And Temporary Substitute Autos Coverage Extension 5,000 GVW Coverage For Certain Operations In Connection With Railroads Included Covered Autos Mobile Equipment Coverage Extension Included Drive Other Car – Automatic Coverage For Executive Officers Included Expected Or Intended Injury Coverage Extension Included Fellow Employee Coverage Extension Included Pollution Liability Additional Coverage $10,000 per "Accident" / This additional coverage does not apply to "autos" garaged in Vermont if $10,000 Aggregate Vermont Changes form 19352 is attached to the policy. Supplementary Payments – Bail Bonds Coverage Extension $3,000 Supplementary Payments – Loss Of Earnings Per Day Coverage Extension $500 per day SECTION 3 – PHYSICAL DAMAGE EXTENSIONS AND ADDITIONAL COVERAGES Physical Damage Extensions And Additional Coverages are only available for "autos" with Comprehensive or Specified Causes Of Loss, and Collision physical damage coverages. Coverage Description Coverage Enhancement or Limit of Liability Airbag Coverage Additional Coverage Included Audio, Visual And Electronic Data Equipment Coverage Extension $2,000 Business Interruption Additional Coverage $5,000 per "Accident" / $10,000 Maximum Deductible Waived – Multiple Policies With Us Included Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620828 Agent No. 0320055 19361 03 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 2 of 2 Deductible Waived – Collision Of Parked Auto Included Deductible Waived – Glass Included Fire Department Service Charge $1,000 per “Accident” Fire Extinguisher Recharge Included Hired Auto Loss Of Use $2,500 Maximum Hired Auto Physical Damage – Employee As Lessor Included Hired Auto Physical Damage Including Trailers $100,000 Maximum Loan/Lease Gap Included Lock Replacement Including Emergency Lock Out $1,000 Maximum Personal Property Coverages $2,500 per “Accident” Personal Effects Personal Property Of Others Personal Property Used In Your Business Replacement Cost – Private Passenger Autos 24 Months 24,000 Miles Replacement Costs – Trucks Up To 20,000 GVW 12 Months 15,000 Miles Transportation Expense Extension (Including Rental Reimbursement) $1,500 Maximum Towing Expense $100 Private Passenger $500 All Other Vehicles Vehicle Sign And Wrap Coverage $2,000 Maximum Additional per “Accident” SECTION 4 – CHANGES IN CONDITONS Coverage Description Coverage Enhancement Duties In The Event Of Accident, Occurrence, Claim Or Suit Broadened Liberalization Included Unintentional Failure To Disclose Hazards / Concealment Misrepresentation Broadened Or Fraud Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 29 CONTRACTORS LIABILITY PREMIER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION 1 - ADDITIONAL INSURED COVERAGES This endorsement is subject to the provisions applying to the Commercial General Liability Coverage form, except as described below. A. Section II – Who Is An Insured is amended to include any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy provided that the written contract or written agreement is: 1. Executed in writing before the beginning of the policy period or during the policy period and 2. Prior to an “occurrence” or offense which this insurance applies. B. The insurance provided to such additional insured only applies to the extent permitted by law and the insurance afforded to such additional insured will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. C. This insurance only applies if the person or organization is not specifically named as an additional insured under any other provision or endorsement of this policy. D. Any insurance provided to any additional insured does not apply to “bodily injury”, “property damage”, or “personal and advertising injury” arising out of their sole negligence or willful misconduct or that of their agents, “employees”, or any other representative of the additional insured. E. With respect to the insurance provided 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 1. The amount of insurance required by the contract or agreement; or 2. Available under the applicable Limit of Insurance shown in the Declarations; whichever is less. This coverage does not increase the applicable Limits of Insurance shown in the Declarations. F. The insurance coverage provided by this endorsement is limited to: 1. Broad Form Vendors a. Any vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: i. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; ii. Any express warranty unauthorized by you; iii. Any physical or chemical change in the product made intentionally by the vendor; iv. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; v. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; vi. Demonstration, installation, servicing or repair operations, except such operations performed as part of the initial set up at the vendor's premises in connection with the sale of the product; Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 2 of 29 vii. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient in anything or substance by or for the vendor. viii. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to the exceptions contained in subparagraphs iv or vi; or such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. ix. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. Any individuals or entities that have Controlling Interest in your business, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations by or for that person or organization. 3. Any Co-owners Of Insured Premises but only with respect to their liability as co-owner of the premises insured by this policy. 4. Any Grantor Of Franchise but only with respect to their liability as grantor of franchise to you. 5. Any Grantor Of Licenses but only with respect to their liability as grantor of licenses to you. Their status as additional insured ends when: a. The license granted to you by such person(s) or organization(s) expires; or b. Your license is terminated or revoked by such person(s) or organization(s) prior to the expiration of the license as stipulated by the contract or agreement. 6. Owners Or Other Interests From Whom Land Has Been Leased but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. However, this insurance does not apply to: a. any “occurrence” which takes place after you cease to lease that land. b. any structural alterations, new construction or demolition operations performed for, by or on behalf of the additional insured. 7. Any Lessor Of Leased Equipment is any person(s) or organization(s) from whom you lease equipment. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 8. Manager Or Lessors Of Premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: a. any "occurrence" which takes place after you cease to be a tenant in that premises, or b. for structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s). 9. 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 operations performed by or for the additional insured. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 29 10. State Or Governmental Agency Or Subdivision Or Political Subdivision however this insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision has issued a permit or authorization. This insurance does not apply to “bodily injury”, “property damage”, or “personal and advertising” arising out of operations performed for the federal government, state or municipality; or “bodily injury” or “property damage” included within the product-completed operations hazard”. 11. Architect, Engineer Or Surveyor Engaged By You but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused by, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your premises or in the performance of your ongoing operations. This insurance does not apply to “bodily injury”, “property damage” arising out of the rendering or the 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 orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against the insured allege negligence or other wrongdoing in the supervision, hiring, employment training, or monitoring of others by this additional insured, if the “occurrence” which caused the “bodily injury” or “property damage’ involved the rendering or the failure to render any professional services by or for you. 12. Architect, Engineer Or Surveyor Not Engaged By You but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused by, 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 performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following exclusion applies: i. This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others 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 services. 13. Concessionaires trading under your name, but only with respect to their liability as a concessionaire trading under your name. 14. Owners, Lessees or Contractors – Automatic Status When Required In Construction Agreement Including Other Parties and Products-Completed Operations a. Any person or organization for whom you are performing operations or have performed operations. Such person or organization is an additional insured only with respect to liability for “bodily injury”, “property damage”, or “personal and advertising injury” b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 4 of 29 c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: i. “Bodily Injury”, “property damage”, or “personal and advertising injury” arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approval, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offence which caused the “personal and advertising injury”, involved the rendering or failure to render any professional architectural, engineering, or surveying services. G. Primary and Noncontributory Insurance The following is added to the Other Insurance Condition and supersedes any provision to the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. the additional insured is a Named Insured under such other insurance, and you have agreed in writing in a contract or agreement that this insurance would be primary; and 2. would not seek contribution from any other insurance available to the additional insured. H. Waiver Of Transfer Of Rights Of Recovery Against Others To Us The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. SECTION 2 - COVERAGE EXTENSIONS This endorsement is subject to the provisions applying to the Commercial General Liability Coverage Form, except as described below. A. BODILY INJURY – EXPANDED DEFINITION ENDORSEMENT Under Section V – Definitions, the definition of bodily injury is replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. B. PERSONAL AND ADVERTISING INJURY – BROADENED 1. Paragraph 14.b. of Section V -- Definitions is replaced by the following: c. Malicious prosecution or abuse of process 2. Definition 14 of Section V -- Definitions is amended by the addition of the following: h. Wrongful discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not the result of acts, policy or procedures, or omissions of: a) The insured; b) Any executive officer, director, stockholder, partner or member of the insured; or Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 5 of 29 c) anyone acting at the direction of anyone listed in (a) and (b) above done with the intent or the reasonable expectation that such acts or omissions will result in wrongful discrimination or humiliation to another person; and (2) Not directly or indirectly related to employment related practices, or the prospective employment or termination of employment or demotion of any personal or person(s) by an insured. (3) Not arising out of any “advertisement” by you. 3. Paragraphs 1. and 2. above do not apply if Coverage B. Personal and Advertising Injury Liability is excluded either by the provision of the Commercial General Liability Coverage form or by endorsement. C. AMENDMENT - AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under Section III – Limits Of Insurance applies separately to each of your: 1. Projects away from premises owned by or rented to you; and 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. D. BORROWED EQUIPMENT 1. Exclusion j. Damage to Property of Section I – Coverage A Bodily Injury And Property Damage Liability is amended as follows: Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site for damage by aircraft; civil commotion; explosion; falling objects; fire; hail; leakage from fire extinguishing equipment; lightning; riot; sinkhole collapse; smoke; sonic boom; vandalism; vehicles; volcanic action; water damage; weight of ice, snow or sleet; and windstorm. 2. This insurance is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. E. DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT Section IV – Commercial General Liability Conditions is amended by the following: 1. The requirement in condition 2.a. of that you must see to it that we are notified of an “occurrence” applies only when the “occurrence” is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An executive officer or insurance manager if you are a corporation. 2. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or “suit” will not be considered breached unless the breach occurs after such claim or “suit” is know to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An executive officer or insurance manager if you are a corporation. F. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following is added to Section IV – Commercial General Liability Conditions paragraph 6. Representations: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under the Coverage Form solely because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 6 of 29 G. DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE 1. The last paragraph of Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or subsequent damages resulting from such fire, lightning, explosion, smoke or leakage from fire protective systems to premises rented to you or temporarily occupied by you with permission of the owner. The insurance provided by this paragraph is subject to the Limit displayed in the Declarations. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke or leakage from fire protective systems or any combination of the five. 2. The word fire is changed to fire, lightning, explosion, smoke and leakage from fire protective systems where it appears in: a. the Limits of Insurance section of the declarations of the Commercial General Liability Coverage form; and b. Paragraph 6. of Section III - Limits of Insurance; and c. The Damage to Premises Rented to You limit in paragraph 6. of Section III - Limits of Insurance is replaced by a new Damage to Premises Rented to You and Fire, Lightning, Explosion, Smoke and Leakage from Fire Protective Systems Damage Limit, which will be subject to all of the terms of Section III - Limits of Insurance. 3. This new Damage Limit is amount shown in the Declarations for the Damage to Premises Rented to You Limit and is the most we will pay, subject to paragraph 5 of Section III Limits of Insurance, under Coverage A for damages because of "property damage" to any one premises, while rented to you or, in the case of damage by fire, lightning, explosion, smoke and leakage from fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph 9.a. of the definition of "insured contract" in Section V – Definitions is replaced by the following: 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 damage by fire, lightning, explosion, smoke and leakage from fire protective systems or subsequent damages resulting from such fire, lightning, explosion, smoke and leakage from fire protective systems while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 5. This provision G. does not apply if Damage to Premises Rented To You is excluded either by provisions of the Commercial General Liability Coverage Form or by endorsement. H. HEALTH CARE SERVICES 1. The definition of "bodily injury" in Section V - Definitions is amended to include injury arising out of the rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services. 2. Section II - Who Is An Insured, paragraph 2.a.(1)(d) does not apply to nurses, emergency medical technicians or paramedics referred to in a. above. 3. Section I – Coverage A Bodily Injury and Property Damage Liability Exclusion e. Employer’s Liability Paragraph (1) does not apply to injury to the emotions or reputation of a person arising out of the rendering of such services. 4. Health Care Services coverage does not apply if you are engaged in the business or occupation of providing any of the services referred to in 1. above. I. MEDICAL PAYMENTS 1. In paragraph a.(3)(b) of the Insuring Agreement of Coverage C – Medical Payments (Section I – Coverage), one year is changed to three years. 2. Paragraph 2.a., Exclusions, of Coverage C (Section I) is replaced by the following: We will not pay expenses for “bodily injury”: a. To any insured, except volunteer workers who are not paid a fee, salary or other compensation. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 7 of 29 3. The Medical Expense Limit in paragraph 7. of Section III – Limits of Insurance is replaced by a new Medical Expense Limit, which will be subject to all the terms of Section III – Limits of Insurance. The new Medical Expense Limit is an additional $10,000 in excess of Medical Expense Limit provided by the Coverage Part. 4. This provision I. does not apply if Coverage C. Medial Payments is excluded either by the provisions of the Commercial General Liability Coverage Form or by endorsement. J. MOBILE EQUIPMENT Under the Section V - Definitions, Paragraph f.(1)(a), (b) and (c) of Mobile Equipment does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. K. NEWLY FORMED OR ACQUIRED ORGANIZATION 1. In paragraph 3.a. of Section II -- Who Is An Insured, 90th day is changed to 180th day. 2. This provision does not apply if coverage for newly formed or acquired organizations is excluded either by the provision of the Commercial General Liability Coverage Form or by an applicable endorsement. L. EXTENDED NON-OWNED WATERCRAFT Paragraph (2) of Exclusion g. of Section I – Coverage A Bodily Injury And Property Damage Liability is deleted and replaced with the following: A watercraft you do not own that is less than 76 feet long and not being used by you to carry persons or property for a charge. M. SUPPLEMENTARY PAYMENTS In the Supplementary Payments – Coverages A and B provision: 1. The limit for cost of bail bonds is increased from $250 to $5,000. 2. The limit for loss of earnings is increased from $250 a day to $1,000 a day. N. LIBERALIZATION PROVISION The following condition is added to Section IV – Commercial General Liability Conditions: If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will apply immediately to this policy. O. EXTENDED CONTRACTUAL LIABILITY – RAILROAD PROPERTY Paragraph 9.f.(1) of Section V – Definitions, is deleted in its entirety, expanding indemnification of railroads. P. EXTENDED PROPERTY DAMAGE TO ALIENATED PREMISES Exclusion j.(2) Damage to Property of Section I – Coverage A Bodily Injury And Property Damage Liability is replaced with the following: Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Q. EXPANDED DEFINITION OF POLLUTANTS 1. Paragraph 15 of Section V – Definitions, is replaced with the following: “Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. However, carbon monoxide, soot, smoke or other gaseous by-products or particulate directly from incomplete combustion or inadequate ventilation present within a building or structure directly arising from the use and/or operation on any on-premises equipment and/or machinery, including, but not limited to a fireplace, heating ventilation air conditioning, laundry, water heating, and food preparation equipment and/or machinery, constructed, installed or serviced by “you” or on “your” behalf shall not be deemed a “pollutant”. 2. The expanded definition of pollutants does not apply if the Total Pollution Exclusion Endorsement is attached to this policy. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE Policy No. 6620829 Agent No. 0320055 Page 1 of 319264 12 20 Includes Copyrighted material of Insurance Service Office, Inc., with its permission CONTRACTORS LIABILITY PREMIER ENDORSEMENT COVERAGE SCHEDULE This Schedule is used in conjunction with the Commercial General Liability Coverage Part Declarations when the Commercial General Liability Coverage Part includes the Contractors Liability Premier Endorsement. This Schedule supplements the Commercial General Liability Coverage Part Declarations. _ SECTION 1 - ADDITIONAL INSURED COVERAGES _ Broad Form Vendors Page 1 Controlling Interest Page 2 Co-owners Of Insured Premises Page 2 Grantor Of Franchise Page 2 Grantor Of Licenses Page 2 Owners Or Other Interests From Whom Land Has Been Leased Page 2 Lessor Of Leased Equipment Page 2 Manager Of Lessors Of Premises Page 2 Mortgagee, Assignee Or Receiver Page 2 State Or Governmental Agency Or Subdivision Or Political Subdivision Page 3 Architect, Engineer Or Surveyor Engaged By You Page 3 Architect, Engineer Or Surveyor Not Engaged By You Page 3 Concessionaires Page 3 Owners, Lessees or contractors - Automatic Status When Required Page 3 in Construction Agreement with You (Including Other Parties and Products-Completed Operations) Primary and Noncontributory Insurance Page 4 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Page 4 _ SECTION 2 – COVERAGE EXTENSIONS _ Bodily Injury - Expanded definition Page 4 Personal and Advertising Injury - Broadened Page 4 Amendment -- Aggregate Limits Of Insurance Page 5 Borrowed Equipment Page 5 Duties in the Event of Occurrence, Claim or Suit Page 5 Unintentional Failure To Disclose Hazards Page 5 Damage To Premises Rented To You - Expanded Coverage Page 6 Health Care Services Page 6 Medical Payments $10,000 Page 6 Mobile Equipment Page 7 Newly Formed Or Acquired Organization Page 7 Extended Non-Owned Watercraft up to 76 feet Page 7 Supplementary Payments (Bail Bonds $5,000 / Loss of Earning $1,000)Page 7 Liberalization Provision Page 7 Extended Contractual Liability - Railroad Property Page 7 Extended Property Damage to Alienated Premises Page 7 Expanded Definition of Pollution Page 7 Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE ACCIDENT FUND NATIONAL INSURANCE COMPANY WC 00 03 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 4-84) 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 02/07/2025 Policy No.AF WCP 100110578 02 Endorsement No. Insured BOER BROTHERS HEATING & COOLING, LLC Premium:$0 Insurance Company ACCIDENT FUND NATIONAL INSURANCE COMPANY Countersigned by __________________________________________ WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. 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. Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Docusign Envelope ID: AFE257DF-70E9-4F30-B47A-A944E856CFAE