INTEGRATED SECURITY & ACCESS SYSTEM AT YOUTH DETENTION FACILITY (219261-002)

EXHIBIT "F" County of Erie MARK C. POLONCARZ COUNTY EXECUTIVE DIVISION OF PURCHASE STANDARD AGREEMENT This AGREEMENT, made as of the 5" DAY OF DECEMBER, 2019 by and between U & S SERVICES, INC. of 95 STARK STREET, TONAWANDA, NY 14150 herein after referred to as the Contractor, and the County of Erie, a municipal corporation of the State of New York, hereinafter referred to as the County: WHEREAS, in accordance with public open competitive bidding, sealed proposals were received and publicly opened by the County of Erie, Division of Purchase on NOVEMBER 19. 2019 for: INTEGRATED SECURITY & ACCESS SYSTEM MAINTENANCE at 11 :ODAM WHEREAS, the bid of the Contractor submitted in accordance therewith, the sum of $155,700.00, was the lowest responsible bid submitted; and WHEREAS, a contract is hereby awarded to the Contractor by the County, in accordance with the provisions therein contained; and WHEREAS, the Notice to Bidders and Specifications make provisions for entering into a

proper and suitable contract in connection therewith; NOW, therefore, the Contractor does hereby for its heirs, executors, administrators and successors agree with the County of Erie that, the Contractor shall for the consideration mentioned, and in the manner set forth in Accepted Invitation to Bid No. 219261-002, Specifications and Provisions of Law annexed hereto and forming a part of this contract, furnish the equipment and materials and perform the work and services described in the Accepted Bid for the above sum. _________________ Paid monthly upon presentation of invoices. _________________ Upon delivery, completion and approval of the work, as per specifications. Please refer to the Invitation to Bid (Page 1) and the Instructions to Bidders which are part of this agreement. IN WITNESS THEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. COUNTY OF ERIE CONTRACTOR: U & S SERVICES, INC. by _ Director of Purchase [)3[€ APPROVED AS TO FORM Assistant County Attorney County of Erie, New York Date _ COUNTY OF ERIE MARK C. POLONCARZ COUNTY EXECUTIVE DIVISION OF PURCHASE INVITATION TO BID Bids, as stated below, will be received and publicly opened by the Division of Purchase in accordance with the attached specifications. FAX bids are unacceptable. Bids must be submitted in a sealed envelope to: County of Erie Division of Purchase Attention: JAMES D. KUCEWICZ, BUYER (716) 858-6336 95 Franklin Street, Room 1254 Buffalo, New York 14202-3967 NOTE: Lower left hand corner of envelope MUST indicate the following: BID NUMBER: 219261-002 OPENING DATE: November 19,2019 FOR : Integrated Security & Access System Maintenance TIME: 11:00 AM NAME OF BIDDER: U&S Services, Inc. ----~------------------- 1 f you are submitting other Invitations to Bid, each bid must be enclosed in a separate envelope. Following EXHIBITS are attached to and made a part of the bid specifications, and part of any agreement entered into pursuant to this Invitation to Bid: X EXHIBIT "A" - Assignment of Public Contracts EXHIBIT "B" - Purchases by Other Local Governments or Special Districts EXHIBIT "C" - Construction/Reconstruction Contracts EXHIBIT "D" - Bid Bond (Formal Bid) EXHIBIT "E" - Bid Bond (Informal Bid) EXHIBIT "EP" - Equal Pay Certification EXHIBIT "F" - Standard Agreement EXHIBIT "G" - Non-Collusive Bidding Certification EXHIBIT "H" - MBE/ WBE Commitment EXHIBIT "IC" -Insurance EXHIBIT "P" & EXHIBIT "PBI"- Performance Bond EXHIBIT "Q" - Confined Space Program Certification EXHIBIT "PW" -NYS Prevailing Wage (Rev. 1/00) ERIE COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202 (716) 858-6395 EXHIBIT"G" County of Erie DIVISION OF PURCHASE NON-COLLUSIVE BIDDING CERTIFICATION By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: (1) the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor; (2) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and (3) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. NOTICE (Penal Law, Section 210.45) IT IS A CRIME, PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF THE STATE OF NEW YORK, FOR A PERSON, IN AND BY A WRITTEN INSTRUMENT, TO KNOWINGLY MAKE A FALSE STATEMENT, OR TO MAKE A FALSE STATEMENT, OR TO MAKE A STATEMENT WHICH SUCH PERSON DOES NOT BELIEVE TO BE TRUE. BID NOT ACCEPTABLE WITHOUT FOLLOWING CERTIFICATION: Affirmed under penalty of perjury this 19th day of November ,2019 TERMS Net 30 Days DELIVERY DATE AT DESTINATION January 1, 2020 FIRM NAME U&S Services Inc. ADDRESS 95 Stark Street Tonawanda, New York AumoRiztsissruse \0.y- f; TYPED NAME OF AUTHORIZED SI John Stuber TITLE Vice President, Sales TELEPHONE NO. (716)693-4490 x1205 (Rev. 4/1 /93) ERIE COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202 (716) 858-6395 County of Erie DIVISION OF PURCHASE BID SPECIFICATIONS BID NO. 219261-002 Page 2 of 6 Pages Ship to: COUNTY OF ERIE Attention: YOUTH DETENTION FACILITY Ship Via: Address: 810 E. FERRY ST Date Reauired at Destination: ITEM QUAN- CATALOG NO./DESCRIPTION UNIT TOTAL TITY NO. PRICE PRICE U/M Proposal to supply service, as outlined in the attached specifications, at the Erie County Youth Detention Facility, 810 East Ferry St., Buffalo, NY 14211. Any questions regarding the scope of this contract should be directed to: Earl Zeeb at (716) 858-84991. Term of the contract is January 1, 2020 through December 31, 2021 A pre-bid walk-through will be held on Thursday, October 31, 2019 at 9:30am at the Youth Detention Facility, 810 East Ferry Street, Buffalo, NY 14211. Please assemble in the lobby. 2020 TOTAL= $75,800 2021 TOTAL= $79,900 GRAND TOTAL= $155,700 NOTE: Bid results cannot be given over the phone. All requests for bid results should be submitted in writing or faxed to: ERIE COUNTY DIVISION OF PURCHASE Freedom of Information Officer 95 Franklin Street, Rm. 1254 Buffalo, NY 14202 FAX #: 716/858-6465 NAME OF BIDDER U&S Services, Inc., 95 Stark Street, Tonawanda, NY 14150 (Rev. 9/95) ERIE COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202 (716) 858-6395 Maintenance Specifications for: Integrated Security and Access System Youth Detention Facility 810 East Ferry Street Buffalo, NY 14211 ARTICLE I 1001 The services to be performed under contract as per these specifications shall consist of furnishing all materials, labor, tools, and equipment necessary to provide inspection and complete maintenance of the Security/Access equipment herein described. Full comprehensive service shall include systematic inspections, preventive maintenance to test, inspect, clean, calibrate main panels and all associated equipment, repair and/or replacement of parts for all equipment. GENERAL 1002 The County reserves the right to terminate (60 day written notice) at any time, for any reason, or suspend any part of the services described herein when conditions change, operation of a county facility is reduced or discontinued or other similar circumstances take place. In the event of such termination or suspension, payments for services shall suspend without penalty. 1003 A pre-bid walk through will be scheduled for Thursday, October 31, 2019 at 9:30 am. Please assemble in the lobby of the Youth Detention facility located at 810 East Ferry St, Buffalo, NY 14211. ARTICLE II COMPETENCY OF BIDDER 2001 The bidder shall have had a qualified service organization in active operation for a minimum of ten years. Because of the importance of system uptime and complexity of the entire security system, it is mandatory that bidder meets all requirements within this specification. Any bidders not meeting those requirements will be disqualified from this bid. The bidder shall have an established, security CCTV/security access/industrial controls service agency, capable of performing all work described herein; no portion of this contract shall be subcontracted to others. The bidder shall furnish with their bid, all qualification forms included within this specification. Consideration will not be given to bids submitted by an individual, firm, or corporation who has established on former projects, either governmental or commercial, an unsatisfactory record of performance in connection with inspection or repair of the type of systems specified herein. 2002 The bidder shall be responsible for making an initial inspection of the equipment and facility to be serviced, to adequately familiarize themselves with the building. Bidder shall have adequate knowledge of the systems being quoted to provide uninterrupted operation of all equipment. Any omissions or deletions by the bidder shall disqualify the bid. 2003 The bidder shall provide adequate workman's compensation and liability insurance coverage acceptable to the Erie County Purchasing Department, as described within this specification. The bidder will need to submit these forms upon notification from Erie County that they are the approved low bidder. ARTICLE Ill QUALIFICATIONS OF BIDDERS 3001 The successful bidder must furnish at the time of the bid opening, and attached to and made a part of his bid the following: 1. Bidder must submit where they have installed Wonderware at (2) previous locations. Please see the qualifications sheet to be turned in with the bid. 2. Bidder must provide documentation that they are a systems integrator (SI) for Wonderware. All bidders will be verified through Wonderware training information, certificates of training completion are encouraged and can be attached to bid package. Please see the qualifications input form to be turned in with the bid. 3. Names of (2) full time technicians now on the payroll of the bidder who have a minimum of (10) years' experience in the maintenance and repair of industrial controls. Please see the qualifications input form to be turned in with the bid. 4. Names of (2) full time technicians now on the payroll of the bidder who have a minimum of (10) years' experience in the maintenance and repair of access and CCTV systems. Please see the qualifications input form to be turned in with the bid. 5. References are required. List at least (1) customer within 100 miles who is currently employing the bidder for maintenance services for CCTV, access, industrial controls, paging, and intercom. Please see the qualifications input form to be turned in with the bid. ARTICLE IV SCOPE OF WORK 4001 This invitation to bid assumes the systems covered to be in maintainable condition. If repairs are found necessary upon initial inspection, estimate of repair charges will be submitted for approval. Should these restoration charges be declined, those nonmaintainable items will be eliminated from the program and the agreement price adjusted accordingly. It is the responsibility of the contractor to determine the number of visits required to adequately execute the preventative maintenance tasks. The entire systems shall be checked and maintained comprehensively as described below. Multiple breakdowns because of lack of preventative maintenance visits will result in termination of contract. Testing and maintenance requiring work outside of normal business hours and days are at the option of the vendor at no additional cost to the owner and with permission and coordination of the site engineer. 4002 Vendor will be responsible to perform maintenance and testing, lubrication, and calibration on all security/access systems to include: cameras and related hardware and components, access control and all related components including door locking equipment, hardware and software, and intercom system and all related hardware and components. Back-ups of all system software are to be made at each quarterly service. Back-ups are to be maintained onsite and at the vendor's office. All back-up media is to be provided by the vendor. The intent is to test the system once annually through scheduled maintenance visits to thoroughly maintain the system. 4003 Access Control System: A visual inspection and operational test of the covered components of the access control system will be performed routinely as to insure that all devices are operating properly. The equipment will also be checked for damage and proper electrical connections. Devices will be exercised to determine proper entry grant or entry denial, verification of door status alarm operation and exist requests, test of controller/terminal communications, operation of standby supplies on battery power and activation of lock hardware to insure capture and release of doors occurs as intended. 4004 CCTV System: A visual inspection and operational test of the covered components of the CCTV system will be performed. Contractor will verify transmitted picture quality; inspect cable connections, alignment and seals. Contractor will activate cameras for proper movement and operation, activate controllers and motors for proper response to automatic or manual commands and check the operation of switchers for proper settings and sequencing of inputs. DVR's and other recording devices will be checked for proper speed, settings, picture quality and response to alarm activation. 4005 The PLC software shall be backed up quarterly. During each back up, the technician shall perform diagnostic and operational test to ensure proper operation. Available firmware upgrades that fix known bugs and provide for more efficient operation shall be applied at the contractor's expense. Upgrades must be performed by the industrial controls technicians of the certified systems integrator. 4006 The HMI software shall be upgraded annually are revisions are released from the factory. Upgrades must be performed by factory trained technicians of the certified systems integrator. 4007 The security system has (3) computer workstations. Through the term of this agreement, each workstation, including monitor and keyboard, shall be upgraded with a new computer that meets or exceeds the software recommendations. Refurbished equipment is not acceptable. 4008 Parts repair and replacement provisions apply only to the systems and equipment covered. Vendor will provide repairs to all existing systems due to normal wear and tear and bear all expenses thereof. Repair of non-maintainable parts, shall not be included in this agreement. Known non-maintainable parts include UPS and batteries. 4009 Damages to equipment resulting from accidents, fire, storm, water, negligence by owner or by any reason beyond the contractors control other than fair wear and tear, shall not be the responsibility of the contractor. 4010 Emergency Service shall be provided (24) twenty-four hours a day to minimize down time and inconvenience. All emergencies regardless of the time or day shall be covered within this contract without charge for labor or traveling expenses. If for any reason a system should be out of service for more than the usual inspection or trouble shooting time, the contractor shall notify the Erie County Division of Buildings & Grounds office with the reason why, and what time the system is expected to be put back in service for proper and safe operation. Contractor shall have service response center with a toll free number for to call in case of an emergency. The service response center shall be manned 24 hours per day. Paging systems and recordings are unacceptable. Upon notification of an emergency, the contractor technician shall respond on line within 2 hours. If the problem cannot be resolved on line, the contractor shall be onsite within 3 hours of notification of issue. Therefore, out of area contractors are not acceptable. All aspects of the security system (access/CCTV/intercom/paging/PLC/HM I) must follow the above response times for emergencies and the appropriate technician must be dispatched.· Sending a CCTV technician to fix a PLC issue is unacceptable and will result in cancellation of contract. 4011 Documentation: Upon completion of all regular scheduled maintenance and/or emergency services, contractor shall certify in writing that each system is 100% operational. Copies of this report shall be delivered or mailed to Erie County Buildings & Grounds office, also copies maintained by the contractor. The contractor shall have the county onsite engineer sign the work reports prior to leaving the site. ARTICLE V EQUIPMENT LIST Video Monitoring System, to include: Central processing equipment Video Monitors Video Cameras and associated mountings, gimbals and directional drive motors Video Camera pointing devices Video Recording equipment and associated devices Door Locking Compressors Door locking system: Wonderware software Omron PLC Door locking system central processing equipment and software Central control equipment and touch screen controls Door locking and door release mechanisms Door swipe card and proximity readers Access control and monitoring equipment for overhead garage door openers Local POD emergency override controllers Camera Licenses for IP cameras Network Switch Equipment Intercom system Alarm Initiating devices and audible devices (Excluding Fire Alarm System) ARTICLE VI PAYMENT Payment for services to be made in quarterly installments in arrears, and upon receipt of invoice. The yearly cost for service shall be: For the period January 1, 2020 - December 31, 2020 $75,800.00 For the period January 1, 2021- December 31, 2021 $79,900.00 Cost for any work beyond the scope of the specifications shall be: Regular Hourly Labor Rate S140.71 After Hours & Weekend Hourly Labor Rate S101.00 Holiday Hourly Labor Rate $223.06 Material to be per NY State Contract Pricing. Bid will be awarded based on the following formula: Yearly Cost of 2020 + Yearly Cost of 2021 + 25 hours out-of-scope work at Regular Hourly Labor Rate Page 3 of 6 Pages County of Erie DIVISION OF PURCHASE INSTRUCTIONS TO BIDDERS (FORMAL) 1. BID SHALL BE SUBMITTED ON THESE COUNTY OF ERIE BID FORMS or bid will not be considered. Bid must be typed or printed in ink. Original autograph signatures in ink are required. Facsimile or rubber stamp signatures will not be accepted. ALL PAGES OF THIS BID DOCUMENT MUST BE RETURNED INTACT. 2. LA TE PROPOSALS. Any bids received in the Erie County Division of Purchase after the date and time prescribed will not be considered for contract award. 3. EMERGENCY CLOSINGS. In the event the closing of certain County facilities and/or operations and/or services due to any flood, fire, fire drill, power failure, uncontrolled weather conditions or other cause beyond the Division of Purchase control, only bids received in the Division of Purchase prior to the date and time or postmarked as of the date prescribed will be considered for contract award. 4. ANY CHANGE IN WORDING OR INTERLINEATION BY A BIDDER OF THE INQUIRY AS PUBLISHED BY THE COUNTY OF ERIE shall be reason to reject the proposal of such bidder, or in the event that such change in the Invitation to Bid is not discovered prior to entering into a contract, to void any contract entered into pursuant to such bid. 5. THE COUNTY RESERVES THE RIGHT TO REJECT any and all bids, to accept either in whole or in part any one bid or combination of bids, as may be provided in the bid specifications, or to waive any informalities in bids. The County does not obligate itself to accept the lowest or any other proposal. 6. AWARD TO THE LOWEST RESPONSIBLE BIDDER. For the purpose of determining which bidder is the lowest qualified responsible bidder, it shall be the lowest three bidders' responsibility, within FIVE DAYS of being so notified by the Division of Purchase, to present information and documentation to the Division of Purchase, to satisfy the County that the bidder possesses sufficient capital resources, skill, judgment and experience to perform the work or deliver the material, as per bid specifications. 7. CONTRACT(S) OR PURCHASE ORDER(S) WILL BE AWARDED after due consideration of the suitability of goods and/or services bid to satisfy these specifications, the total cost of such goods and/or services including all cost elements, and the timeliness of the agreed upon delivery date. 8. This EXECUTORY CLAUSE shall be a part of any agreement entered into pursuant to this bid: IT IS UNDERSTOOD BY THE PARTIES THAT THIS AGREEMENT SHALL BE EXECUTORY ONLY TO THE EXTENT OF THE MONIES AVAILABLE TO THE COUNTY OF ERIE AND APPROPRIATED THEREFOR, AND NO LIABILITY ON ACCOUNT THEREOF SHALL BE INCURRED BY THE COUNTY BEYOND THE MONIES AVAILABLE AND APPROPRIATED FOR THE PURPOSE THEREOF. 9. FAILURE TO MEET DELIVERY SCHEDULE as per accepted bid may result in legal action by the County of Erie to recover damages. 10. PRICES SHALL BE QUOTED F.O.B. DESTINATION AND DELIVERED INSIDE. 'Tailgate delivery" will not be accepted unless specified by the County. 11. COLLECT TRANSPORTATION CHARGES WILL NOT BE PAID BY THE COUNTY. All freight, cartage, rigging, postage or other transportation charges shall be prepaid and included in the bid. There will be no additional charges for delivery. 12. NO TAXES ARE TO BE BILLED TO THE COUNTY. Bids shall not include any Federal, State, or local excise, sales, transportation, or other tax, unless Federal or State law specifically levies such tax on purchases made by a political subdivision. The County of Erie Purchase Order is an exemption certificate. Any applicable taxes from which the County is not exempt shall be listed separately as cost elements, and added into the total net bid. 13. THE SUCCESSFUL BIDDER shall comply with all laws, rules, regulations and ordinances of the Federal Government, the State of New York and any other political subdivision of regulatory body which may apply to its performance under this contract. ERIE COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202 (716) 858-6395 Page 4 of 6 Pages County of Erie DIVISION OF PURCHASE 14. GRATUITIES, ILLEGAL OR IMPROPER SCHEMES. The County may terminate this agreement if it is determined that gratuities in the form of entertainment, gifts or otherwise were offered or given by a vendor, his agent or representative to any County official or employee with a view towards securing favorable treatment with respect to the awarding of this bid or the performance of this agreement. The County may also terminate this agreement if it is determined that the successful bidder engaged in any other illegal or improper scheme promotive of favoritism or unfairness incidental to the bidding process or the performance of this agreement. In the event that it is determined that said improper or illegal acts occurred, the County shall be entitled to terminate this agreement and/or exercise any other remedy available to it under existing law. 15. INSURANCE shall be procured by the Successful Bidder before commencing work, no later than 14 days after notice of award and maintained without interruption for the duration of the Contract, in the kinds and amounts specified in Exhibit IC, unless otherwise stipulated in these Bid Specifications. IF THE INSURANCE IS NOT PROVIDED IN ACCEPTABLE FORM WITHIN THIS PERIOD OF TIME, THEN THE DIRECTOR OF PURCHASE MAY DECLARE THE VENDOR NONRESPONSIVE AND AWARD THE CONTRACT TO THE NEXT LOW RESPONSIBLE BIDDER. CERTIFICATES OF INSURANCE shall be furnished by the successful bidder on Erie County Standard Insurance Certificate, Exhibit IC. 16. ANY CASH DISCOUNT which is part of bid will be considered as a reduction in the bid prices in determining the award of the bid. Date of invoice must not precede date of delivery. The County policy is to pay all claims in a timely manner within the specified time. However, if for some reason payment is delayed, the County will take the discount when payment is made. The County will not pay any interest charges, nor refund discount amounts taken after the discount period. If this is unsatisfactory, please quote net. 17. CHANGES IN THE WORK. The County may, as the need arises, through the Director of Purchase, order changes in the work through additions, deletions, or modifications without invalidating the contract. Compensation, as it may be affected by any change, shall be adjusted by agreement between the contractor and County through the Director of Purchase. 18. BID OFFERING MATERIAL OTHER THAN THAT OF SPECIFIED MANUFACTURER OR TRADE NAME will be considered unless stated otherwise. The use of the name of a particular manufacturer, trade name, or brand in describing an item does not restrict a bidder to that manufacturer or specific article. However, the substituted article on which a proposal is submitted must be of such character or quality that it would serve the purpose for which it is to be used equally well as the manufacturer or brand specified. Proposals will be accepted in accordance with specifications on file or approved equal. 19. IF MATERIAL OR SERVICES OTHER THAN THOSE SPECIFIED IN THIS BID DOCUMENT ARE OFFERED, the bidder must so state and furnish at the time of bid opening, if so requested, and as part of his bid the following information in duplicate: (a) Complete description of the item offered, and detailed explanation of the differences between the item specified and the item offered. If, in the opinion of the Division of Purchase, sufficient detail is not presented as a part of the sealed bid to permit definitive evaluation of any substitute item, the bid will not be considered. (b) Descriptive literature of item offered, for evaluation. (c) List of installations in Erie County of the item offered. ( d) List of other installations. 20. ANY ADDITIONAL INFORMATION for which bidder desires to add to the bid shall be written on a separate sheet of paper, attached to and submitted with the formal sealed bid, to be read at the formal opening. 21. WORKMANSHIP MUST MEET WITH THE APPROVAL OF THE DEPARTMENT HEAD(S) INVOLVED, AND SHALL BE FIRST CLASS in every respect without exception and shall be equal to the best modern practices. Materials furnished are to be new and unused. All materials furnished or work performed are to be guaranteed free from defects. Anything found defective or not meeting specifications, no matter in what stage of completion, may be rejected and shall be made good by the contractor at his own expense. 22. CONTRACTOR SHALL CLEAN UP and remove all debris and rubbish resulting from the work and leave the premises broom clean to the approval of the department head. ERIE COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO. NEW YORK 14202 (716) 858-6395 Page 5 of 6 Pages County of Erie DIVISION OF PURCHASE 23. THIS BID IS FIRM AND IRREVOCABLE for a period of 45 days from the date and time of the bid opening. If a contract is not awarded within the 45 day period, a bidder to whom the bid has not been awarded, may withdraw his bid by serving written notice of his intention to do so upon the Division of Purchase. Upon withdrawal of the bid pursuant to this paragraph, the Division of Purchase will forthwith return the bidder's security deposit. 24. PRICES CHARGED TO THE COUNTY OF ERIE are to be no higher than those offered to any other governmental or commercial consumer. If a bidder has a New York State or a Federal GSA contract for any of the items covered in this bid or any similar items, he shall so indicate that he has said contract on these bid papers and automatically supply a copy of this contract within five days after notification of award. 25. PRICE IS FIRM. The unit prices bid shall remain firm, and any other charges bid shall also remain firm, for delivery of the equipment, material, work, or services described in this bid. No cost increase shall be charged for any reason whatsoever. 26. EXTENSION OF PRICE PROTECTION. Any contract entered into pursuant to this bid to supply the County's requirements of goods and/or services for a definite period of time as stated in the attached specifications may be extended for not more than two successive periods of equal length at the same bid price upon the mutual agreement of the successful bidder and the County. All extensions shall be submitted in writing and shall have prior approval by the County of Erie, Director of Purchase. 27. IN EXECUTING THIS BID, THE BIDDER AFFIRMS that all of the requirements of the specifications are understood and accepted by the bidder, and that the prices quoted include all required materials and services. The undersigned has checked all of the bid figures, and understands that the County will not be responsible for any errors or omissions on the part of the undersigned in preparing this bid. Mistakes or errors in the estimates, calculations or preparation of the bid shall not be grounds for the withdrawal or correction of the bid or bid security. In case of error in extension of prices in the bid, the unit price will govern. 28. ACCOUNTABILITY. The undersigned shall be fully accountable for his or its performance under this bid, or any contract entered into pursuant to this bid, and agrees that he, or its officers, will answer under oath all questions relevant to the performance thereof and to any transaction, act or omission had, done or omitted in connection therewith if called before any Judicial, County or State officer or agency empowered to investigate the contract or his performance. 29. TERMINATION OF CONTRACT: a. At its option, the County may at any time for any reason terminate this agreement and the Contractor shall immediately cease all work under the. agreement upon receipt of written notice of such termination from the County. b. In the event of termination for any reason other than the fault of the Contractor, or the nonavailability of funds as provided in the above Executory Clause, the Contractor shall be paid the amount due to date of termination, and all reasonable expenses caused by such termination. 30.THE SUCCESSFUL BIDDER TO WHOM THE BID IS AWARDED SHALL INDEMNIFY AND HOLD HARMLESS the County of Erie and its agents and employees from and against all claims, damages, losses or causes of action arising out of or resulting from such vendor's performance pursuant to this bid. 31. STATUS AS AN INDEPENDENT CONTRACTOR: The successful Bidder to whom the bid is awarded and the County agree that the Bidder and its officers, employees, agents, contractors, subcontractors and/or consultants are independent contractors and not employees of the County or any department, agency or unit thereof. In accordance with their status as independent contractors, the Bidder covenants and agrees that neither the Bidder nor any of its officers, employees, agents, contractors, subcontractors and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. 32. GOVERNED BY NEW YORK LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Erie. (Rev. 04/09) ERIE COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202 (716) 858-6395 Page 6 of 6 Pages County of Erie DIVISION OF PURCHASE To facilitate correct drawing and execution of contract, bidder shall supply full information concerning legal status: FIRM NAME U&S Services, Inc. ADDRESS OF PRINCIPAL OFFICE STREET 95 Stark Street -------------- CITY Tonawanda AREA CODE 716 PHONE 693-4490 Check one: CORPORATION X STATE New York PARTNERSHIP -- ZIP 14150 INDIVIDUAL -- INCORPORATED UNDER THE LAWS OF THE STATE OF New York --------- If foreign corporation, state if authorized to do business in the State of New York: YES___ NO TRADE NAMES: ------------------------- ADDRESS OF LOCAL OFFICE STREET -------------- CITY ---------------- AREA CODE -- PHONE STATE ------- ZIP --- NAMES AND ADDRESSES OF PARTNERS: (Rev. 4/1 /93) ERIE COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202 (716) 858-6395 EXHIBIT "A" County of Erie MARK C. POLONCARZ COUNTY EXECUTIVE DIVISION OF PURCHASE ASSIGNMENT OF PUBLIC CONTRACTS GENERAL MUNICIPAL LAW- Section 109: 1. A clause shall be inserted in all specifications of contracts hereafter made or awarded by an officer, board or agency of a political subdivision, or any district therein, prohibiting any contractor, to whom any contract shall be let, granted or awarded, as required by law, from assigning, transferring, conveying, subletting or otherwise disposing of the same, or of his right, title or interest therein, or his power to execute such contract, to any other person or corporation without the previous consent in writing of the officer, board or agency awarding the contract. 2. If any contractor, to whom any contract is let, granted, or awarded, as required by law, by any officer, board or agency of a political subdivision, or of any district therein, without the previous written consent specified in subdivision one (1) of this section, assign, transfer, convey, sublet or otherwise dispose of such contract, or his right, title or interest therein, or his power to execute such contract to any other person or corporation, the officer, board or agency which let, made, granted or awarded such contract shall revoke and annul such contract, and the political subdivision or district therein, as the case may be, and such officer, board or agency shall be relieved and discharged from all liability and obligations growing out of such contract to such contractor, and to the person or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise disposed of, and such contractor, and his assignee, transferee or sublessee shall forfeit and lose all monies, theretofore earned under such contract, except so much as may be required to pay his employees. The provisions of this section shall not hinder, prevent or affect any assignment by any such contractor for the benefit of his creditors made pursuant to the laws of the State. NO ASSIGNMENT OF ANY AGREEMENT pursuant to this bid shall be made without specific prior approval, in writing, by the Erie County Director of Purchase. (Rev. 12/01/93) ERIE COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202 (716) 858-6395 EXHIBIT "B" COUNTY OF ERIE MARK POLONCARZ COUNTY EXECUTIVE DIVISION OF PURCHASE PURCHASES BY OTHER LOCAL GOVERNMENTS OR SPECIAL DISTRICTS The Erie County Legislature has adopted the following resolution for the purpose of allowing the following-named local governmental or school districts to make purchases through the County bidding procedures. Under the following conditions, the Director of Purchase may make purchasing services available to the following 88 participants: 1. When in the opinion of the Director of Purchase it will not create any burden or hardship upon the County and the anticipated prices will not be adversely affected thereby, the Director is authorized when he deems appropriate and as may be requested by the participants to provide in any particular County bid specification that the participants in Erie County shall have the right to make purchases based upon the bids received by the County. 2. The County Purchase Director, within the limits of his time and manpower, shall disseminate relevant contract information to the participants. 3. The participants in County contracts will issue purchase orders directly to vendors within the specified contract period referencing the County contract involved and be liable for any payments due on such purchase orders. Bidders shall take notice that as a condition of the award of a County contract pursuant to these specifications, the successful bidder agrees to accept the award of a similar contract with any of the participants in Erie County if called upon to do so. The County, however, will not be responsible for any debts incurred by participants pursuant to this or any other agreement. Necessary deviations from the County's specifications in the award of a participant's contract, particularly as such deviations may relate to quantities or delivery point, shall be a matter to be resolved between the successful bidder and participants. All inquiries regarding prospective contracts shall be directed to the attention of: AKRON CENTRAL SCHOOL DISTRICT, District Clerk, 47 Bloomingdale Ave., Akron, NY 14001 AKRON VILLAGE OF, Clerk-Treasurer, 21 Main St., Akron, NY 14001 ALDEN CENTRAL SCHOOL DISTRICT, District Clerk, 13190 Park St., Alden, NY 14004 ALDEN TOWN OF, Town Clerk, Town Hall, 11901 Broadway, Alden, NY 14004 ALDEN VILLAGE OF, Village Clerk, 13336 Broadway, Alden, NY 14004 AMHERST CENTRAL SCHOOL DISTRICT, Business Manager, 4301 Main St., Amherst, NY 14226 AMHERST TOWN OF, Highway Superintendent, Town Hall, 5583 Main St., Williamsville, NY 14221 AMHERST TOWN OF, Town Supervisor, Town Hall, 5583 Main St., Williamsville, NY 14221 ANGOLA VILLAGE OF, Clerk-Treasurer, 41 Commercial St., Angola, NY 14006 AURORA TOWN OF, Town Clerk, Town Hall, 5 S. Grove St., E. Aurora, NY 14052 BLASDELL VILLAGE OF, Clerk-Treasurer, 121 Miriam St., Blasdell, NY 14219 BOCES, ERIE #1, Clifford N Crooks Svc. Ctr., 355 Harlem Rd. West Seneca NY 14224-1892 BOCES, ERIE CATTARAUGUS #2, Assistant Superintendent, 3340 Baker Rd., Orchard Park, NY 14127 BOSTON TOWN OF, Town Clerk, Town Hall, 8500 Boston State Rd., Boston, NY 14025 BRANT TOWN OF, Town Clerk, Town Hall, Brant North Collins Rd., Brant, NY 14027 BUFFALO BOARD OF EDUCATION, Purchasing Agent, 408 City Hall, Buffalo, NY 14202 BUFFALO CITY OF, Division of Purchasing, 1901 City Hall, Buffalo, NY 14202 BUFFALO MUNICIPAL HOUSING AUTHORITY, 300 Perry St., Buffalo, NY 14204-2299 BUFFALO SEWER AUTHORITY, General Manager, 1038 City Hall, Buffalo, NY 14202-3378 CHEEKTOWAGA CENTRAL SCHOOL DISTRICT, 3600 Union Rd., Cheektowaga, NY 14225 CHEEKTOWAGA-MARYVALE UNION FREE SCHOOL DISTRICT, District Clerk, 1050 Maryvale Dr., Cheektowaga, NY 14225-2386 CHEEKTOWAGA-SLOAN UNION FREE SCHOOL DISTRICT, District Clerk, 166 Halstead Ave., Sloan, NY 14212-2295 CHEEKTOWAGA TOWN OF, Town Hall, Broadway & Union Rds., Cheektowaga, NY 14227 CLARENCE CENTRAL SCHOOL DISTRICT, Business Administrator, 9625 Main St., Clarence, NY 14031-2083 CLARENCE TOWN OF, Town Clerk, 1 Town Place, Clarence, NY 14031 CLEVELAND HILL FIRE DISTRICT NO. 6, Secretary, 440 Cleveland Dr., Cheektowaga, NY 14225 CLEVELAND HILL U.F.S.D.@ CHEEKTOWAGA, Business Manager,105 Mapleview Dr., Cheektowaga, NY 14225 EXHIBIT "B" PAGE 2 COLDEN TOWN OF, Deputy Town Clerk, Town Hall, S-8812 State Rd., Colden, NY 14033 COLLINS TOWN OF, Supervisor, Town Hall, P.O. Box 420, Collins, NY 14035 CONCORD TOWN OF, Town Clerk, Town Hall, Springville, NY 14141-0187 DEPEW UNION FREE SCHOOL DISTRICT, District Clerk, 591 Terrace Blvd., Depew, NY 14043 DEPEW VILLAGE OF, Village Clerk, Municipal Building, 85 Manitou St., Depew, NY 14043 EAST AURORA VILLAGE OF, Village Clerk, Village Hall, 571 Main St., East Aurora, NY 14052 EDEN TOWN OF, Town Clerk, 2795 East Church St., Eden, NY 14057 EGGERTSVILLE FIRE DISTRICT, Secretary/Treasurer, 1880 Eggert Rd., Eggertsville, NY 14226-2233 ELLWOOD FIRE DISTRICT #1, Secretary, Town of Tonawanda, 1000 Englewood Ave., Kenmore, NY 14223 ELMA TOWN OF, Town Clerk, Town Hall, 1600 Bowen Rd., Elma, NY 14059 ERIE COMMUNITY COLLEGE, South Campus Business Office, 4041 Southwestern Blvd., Orchard Park, NY 14127-2199 ERIE COUNTY WATER AUTHORITY, Central Processing, 3030 Union Rd., Buffalo, NY 14227 EVANS TOWN OF, Town Clerk, 42 N. Main St., Angola, NY 14006 FARNHAM VILLAGE OF, Village Clerk-Treasurer, 526 Commercial St., Farnham, NY 14061 FORKS FIRE DISTRICT #3, Commissioner, Town Cheektowaga, 3330 Broadway, Cheektowaga, NY 14227 GOWANDA VILLAGE OF, Clerk/Treasurer, 27 East Main St., Gowanda, NY 14070 GRAND ISLAND CENTRAL SCHOOL DISTRICT, District Clerk, 1100 Ransom Rd., Grand Island, NY 14072 GRAND ISLAND TOWN OF, Town Clerk, 2255 Baseline Rd., Grand Island, NY 14072 HAMBURG TOWN OF, Town Clerk, S-6100 S. Park Ave., Hamburg, NY 14075 HAMBURG VILLAGE OF, Village Clerk/Treasurer, 100 Main St., Hamburg, NY 14075 HOLLAND FIRE DISTRICT#1, Town of Holland, Holland, NY 14080 HOLLAND TOWN OF, Town Clerk, 47 Pearl St., Holland, NY 14080 HOl?EVALE UNION FREE SCHOOL DISTRICT, District Clerk, 3780 Howard Rd., Hamburg, NY 14075 IROQUOIS CENTRAL SCHOOL DISTRICT, Girdle Rd., Elma, NY 14059 KENILWORTH FIRE DISTRICT #2, Commissioner, Tn. Tonawanda, 84 Hawthorne Ave., Buffalo, NY 14223 KENMORE-TN OF TONAWANDA UNION FREE SCHOOL DISTRICT, District Clerk, 1500 Colvin Blvd., Buffalo NY 14223 KENMORE VILLAGE OF, Village Clerk-Treasurer, Municipal Building, Kenmore, NY 14217 LACKAWANNA CITY OF, City Clerk, Lackawanna City Hall, 714 Ridge Rd., Lackawanna, NY 14218 LAKE VIEW FIRE DISTRICT, Fire Commissioner, Lakeview & Burke Roads, Lake View, NY 14085 LANCASTER TOWN OF, Town Clerk, 21 Central Avenue, Lancaster, NY 14086 LANCASTER VILLAGE OF, Clerk-Treasurer, Municipal Building, 5423 Broadway, Lancaster, NY 14086 MARILLA TOWN OF, Marilla Town Hall, 1740 Two Rod Rd., Marilla, NY 14102 MONROE ONE BOCES, Educational Services, 41 O'Connor Rd., Fairport, NY 14450 NEWSTEAD TOWN OF, Town Clerk, Town Hall, P.O. Box 227, Akron, NY 14001 NIAGARA FRONTIER TRANSPORTATION AUTHORITY, 181 Ellicott St., Buffalo, NY 14205 NORTH COLLINS TOWN OF, Town Clerk 2015 Spruce St., North Collins, NY 14111 NORTH COLLINS VILLAGE OF, Village Clerk, 10543 Main St., North Collins, NY 14111 ORCHARD PARK CENTRAL SCHOOL DISTRICT, Asst. Supt. Bus. & Support Svcs. 3330 Baker Rd., Orchard Park, NY 14127 ORCHARD PARK TOWN OF, Town Clerk, Municipal Bldg., 4295 S. Buffalo St., Orchard Park, NY 14127 ORCHARD PARK VILLAGE OF, Clerk, Municipal Bldg., 4295 S. Buffalo St., Orchard Park, NY 14127 SARDINIA TOWN OF, Town Clerk, Town Hall, Savage Rd., Sardinia, NY 14134 SHERIDAN PARK FIRE DISTRICT NO. 4, Secretary, 738 Sheridan Dr., Tonawanda, NY 14150 SLOAN VILLAGE OF, Clerk Treasurer, 425 Reiman St., Sloan, NY 14212 SNYDER VOL. FIRE DEPT., Fire Commissioner, 4531 Main Street, Snyder, NY 14226 SOUTH LINE FIRE DISTRICT #10, Fire Commissioner, 1049 S. French Rd., S. Cheektowaga, NY 14227 SOUTH WALES FIRE DISTRICT #1, Secretary/Treasurer, P.O.Box 94, South Wales, NY 14139 SPRING BROOK FIRE DISTRICT #1, Secretary, P.O. Box 97, Spring Brook, NY 14140 SPRINGVILLE VILLAGE OF, Clerk Treasurer, Village Office, 5 W. Main St., Springville, NY 14141 SUNY ERIE COMMUNITY COLLEGE, 6205 Main St., Williamsville, NY 14221 SWEET HOME CENTRAL SCHOOL DISTRICT, Director Finance & Plant Svcs., 1901 Sweet Home Rd., Amherst, NY 14228 TONAWANDA CITY OF, Mayor, 200 Niagara St., Tonawanda, NY 14150 TONAWANDA CITY OF, Superintendent, 150 Fillmore Avenue,Tonawanda, NY 14150 TONAWANDA CITY SCHOOL DISTRICT, District Clerk, 100 Hinds St., Tonawanda, NY 14150-1815 TONAWANDA TOWN OF, Town Clerk, Municipal Building, Kenmore, NY 14217 Li-CREST FIRE DISTRICT #4, Fire Commissioner, 255 Clover Place, Cheektowaga, NY 14225 UNION FREE SCHOOL DISTRICT, Dist. Clerk, Tn. Tonawanda, 1500 Colvin Blvd., Kenmore, NY 14223 WALDEN FIRE DISTRICT #2, Fire Commissioner, 20 Pine Ridge Road, Cheektowaga, NY 14211 WALES TOWN OF, Town Clerk, Big Tree Rd., Wales Center, NY 14169 WEST SENECA CENTRAL SCHOOL DISTRICT, District Treasurer, 1397 Orchard Park Rd., West Seneca, NY 14224-4098 WEST SENECA FIRE DISTRICT #4, Fire Commissioner, 100 Lein Rd., West Seneca, NY 14224 WEST SENECA FIRE DISTRICT#5, Fire Commissioner, 2801 Seneca St., West Seneca, NY 14224 WEST SENECA TOWN OF, Town Clerk, 1250 Union Road, West Seneca, NY 14224 WILLIAMSVILLE CENTRAL SCHOOL DISTRICT, District Clerk, 105 Casey Rd, PO Box 5000, East Amherst NY 14051 WILLIAMSVILLE VILLAGE OF, 5565 Main St., Williamsville, NY 14231-1557 WYOMING, COUNTY OF, Office of the Board of Supervisors, 143 N Main St., Warsaw, NY 14569 REV. 2/19 EXHIBIT EP Erie County Equal Pay Certification In order to comply with Executive Order 13 dated November 6, 2014, we hereby certify that we are in compliance with federal law, including the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, Federal Executive Order 11246 of September 24, 1965 and New York State Labor Law Section 194 (together" Equal Pay Law"). The average compensation for female employees is not consistently below the average compensation for male employees, taking into account mitigating factors. We understand that this certification is a material component of this contract. Violation of the provisions of Executive Order 13, which is attached hereto and made a part hereof, can constitute grounds for the immediate termination of. this contract and may constitute grounds for determining that a bidder is not qualified to participate in future county contracts. ted wages and benefits to ensure compliance with the Federal Equal Pay Law. Signature Verification STATE OF New York ) COUNTY OF _E_rie ) SS: A) ____________________ , being duly sworn, states he or she is the owner of ( or a partner in) , and is making the foregoing Certification and that the statements and representations made in the Certification are true to his or her own knowledge. B) John Stuber _,being duly sworn, states that he or she is the Name of Corporate Officer Vice President, Sales ,of U&S Services, Inc. , Title of Corporate Officer Name of Corporation the enterprise making the foregoing Certification, that he or she has read the Certification and knows its contents, that the statements and representations made in the Certification are true to his or her own knowledge, and that the Certification is made at the direction of the Board of Directors of the Corporation. Sworn to before me this 19th Day of November , 20 1 \ \ Division of Purchase EEO Compliance Place Card le r le le r le le le le re le le le le le le le le l le lr le le le l lr lr lr lr l le le le lr lr le l le N i lei le le Date Sent 2,s )75 7 C Buyer// sa» 2/92%(-00 Comments: COMPANY: U&S Services, Inc. WAIVER RECOMMENDATION ADDRESS: 95 Stark Street, Tonawanda, NY 14150 TELEPHONE NUMBER: (71@ ) 6931490 BID NO.: 219261-002 1. Vendor has made a good faith effort to subcontract on this bid for which minority/women's business enterprises bids could be solicited; and 2. The total percentage of the bid which could be subcontracted for which minority business enterprises bids could be solicited is less than 10% for MB Es and/or 2% WBEs. A waiver as provided for by Erie County Local Law, is hereby requested on the grounds that there are @@/insufficient (circle the appropriate term) minority/women's business enterprises in the market area of this bid. 1. --~~------------ 2. ---------------- 3. ---------------- 4. ---------------- 6. ----------- 7. ----------- 8. ----------- 9. ----------- 5. 10. ---------- (Use additional sheets if necessary.) If a partial waiver is granted, the Vendor ill make a good faith effort to meet the reduced goal. November 19, 2019 DATE IGNATURE OF A HORIZED OMPANY REPRESENTATIVE Granted in Whole: -------- Granted in Part: K r Comments: DI OFE.E.O. DATE (01/09) U&SSERV-O1 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. SSTEPHAN OATE (MM/DOD/YYYY ) 12/9/2019 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). I PRO0ucER License # BR-632443 CONTACT .NAME: Lawley Construction Solutions 1#%, ea (716) &49.-as18 .{d. ss (716) 849-8291 361 Delaware Avenue Buffalo, NY 14202 G#%ss, As INSURER{S) AFFORDING COVERAGE NAIC # ONA»Ao - - ego INsuRER A :Atlantic Specialty Ins. Co 27154 » INSURED iusuRER B :Ace American Insurance Co 22667 U&S Services Inc INSURER c :OBI National Insurance Co 14190 95 Stark Street INSURER : Merchants National Insurance 12775 I Tonawanda, NY 14150 IN SURER E : , AA»JJJ INSURER F : COVERAGES CERTIFICATE NUMBER: IN SR A X COMMERCIAL GENERAL LIABILITY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 tGucyerr sgcyor ,,,, EACH OCCURRENCE s 1,000,000 253&. rooo,ooo REVISION NUMBER: TYPE OF INSURANCE POLICY NUMBER cuuws-A y" occuR be x Contractual Included ®wee 10,000 ED EXP {Any one person] S eo - -, I I PERSONAL 8 ADV INJURY s 1,000,000 le , I 2,000,000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE .5 [loo»[X]ie x c I I PRODUCTS • COMPO? AGG s 2,000,000 OTHER I s A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea 252c9} s . ANY AUTO X 7110163140002 7/24/2019 7124/2020 BO±LY INJURY _(Per pers s I AJA OWNED y scggusD I AUTOS CNLY .AUTOS I BODILY INJURY (Per acadent) S .x #cs X 138tP I 'PRCPERTY DAN>GE I I (Per accadent) s I s B X UMBRELLA LIAB X CCCuR EACH OCCURRENCE s 5,000,000 EXCESS LIAB CLAIMS·MADE X N10841872006 7/24/20 19 7/24/20 20 AGGREGATE s 5,000,000 I I 10,000 Jee ED. X. RETENTIONS I s I C WORKERS COMPENSATION X PE R OTH AND EMPLOYERS' LIABILITY STATUTE I ER YIN 4060453510002 7/24/2019 7124/2020 1,000,000 I ANY PROPRIETOR/PARTNER£EXECUTIVE w w EL EACH ACCIDENT 3 . 6.55,3 ¥ } ·Builder l 7110163140002 7/24/2019 7/24/2020 Ded S500 2,000,000 D Excess Liability EXL0001357 7/24/2019 7/24/2020 500,000 5,000,000 I I ' I I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1Ot, Additional Remarks Schedule, ray be attached if more space is required) X 7110163140002 7/24/2019 7/2412020 Terms set forth as evidenced by the attached endorsement(s) ORIGINAL DOCUMENT ON FILE CERTIFICATE HOLDER CANCELLATION County of Erie 95 Franklin Street Buffalo, NY 14202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) AU THORZED0 REPRESENTATIVE ) s€ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD !Project: Bid No. 219261-002 integrated Security '& Access System Maintenance Additional Insured and Waiver of Subrogation coverage shown above and marked with an X, identified on the ACORD 101. -._. AGENCY CUSTOMER ID: U&SSERV-01 LOC #: 0 ADDITIONAL REMARKS SCHEDULE SSTEPHAN Page 1 of AGENCY awley Construction Solutions POLICY NUMBER EE PAGE 1 License # BR-632443 NAMED INSURED U&S Services Inc 95 Stark Street Tonawanda, NY 14150 EE PAGE 1 NAIC COOE SEEP 1 EFFECTIVE 0ATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD25 FORM TITLE: Certificate of Liability Insura nce When required by executed written contract the following: endorsements apply: General Liability: CG2503 05/09 - Designated Construction Project(s) General Aggregate VCG761NY 02/05 -@Vantage For General Liability- New York CG2001 04/13- Primary and Non-Contributory - Other Insurance Condition CG2037 04/13 - Additional Insured - Owners, Lesses or Contractors - Completed Operations Automobile: VCA201 06/18 - Broad Form Automobile Endorsement Umbrella: XS-41864 (01/14) - Waiver of Our Right to Recover Payment XS-41866 (01/14) - Aggregate Limits of Insurance (Per Project) XS-41887A (02/18) - Other Valid and Collectible Insurance (Additional Insured) Excess Liability: MU7928 07 03- Follow Form Endorsement - Per Project Aggregate CX0001 04 13 - Commercial Excess Liability Coverage Form EX8714 09 10- Primary and Non-Contributory Insurance Workers Compensation: WC00313 (04/84) - Waiver of Our Right to Recover From Others Endorsement ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. CG 20 01 0413 © Insurance Services Office, Inc., 2012 E-INSURED Page 1 of 1 POLICY NUMBER: 711-01-63-14-0002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s): BLANKET PER SCHEDULE ON FILE WITH COMPANY Location And Description of Completed Operations Location Building 1 1 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "prop- erty damage" caused, in whole or in part, by "your work" at the location designated and de- scribed in the Schedule of this endorsement per- formed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 E-INSURED Page 1 of 2 8. With respect to the insurance afforded to these additional insureds, the following is added to Section 111- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of In- surance shown in the Declarations; whichever is less. This endorsement shall not increase the applica- ble Limits of Insurance shown in the Declara- tions. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 37 04 13 POLICY NUMBER: 711-01-63-14-0002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): PER SCHEDULE ON FILE WITH COMPANY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 E-INSURED Page 1 of 2 A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I- Coverage A, and for all medical expenses caused by acci- dents under Section I-- Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project Gen- eral Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "prod- ucts-completed operations hazard", and for medical expenses under Coverage C re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You and Medical Expense contin- ue to apply. However, instead of being sub- ject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I-- Coverage A, and for all medical expenses caused by accidents un- der Section I-- Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section Ill - Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 Aggregate Limits of Insurance (Per Project) Named Insured Endorsement Number Stark Holdings America Inc Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement xoo Nl0841872 006 7/24/2019 TO 7/24/2020 Issued By (Name of Insurance Company) Ace American Insurance Co . . Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS POLICY IS SUBJECT TO THE FOLLOWING With respect to: [X] COVERAGE A [] COVERAGE B 0 COVERAGE A and COVERAGE B Coverage A is amended to include the following: The General Aggregate under Item 4. Limits of Insurance of the Declarations, applies separately to each of your projects away from premises owned by or rented to you. Authorized Representative XS-41866 (01/14) Page 1 of 1 CIHLUB=B OTHER VALID AND COLLECTIBLE INSURANCE (ADDITIONAL INSURED) Named Insured Endorsement Number Stark Holdings America Inc Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement xoo Nl0841872 006 7/24/2019 TO 7/24/2020 Issued By (Name of Insurance Company) Ace American Insurance Co Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA POLICY THIS POLICY IS SUBJECT TO THE FOLLOWING With respect to: X COVERAGE A COVERAGE B COVERAGE A and COVERAGE B As respects Coverage A, it is agreed that: With respect to any person or organization qualifying as an Additional Insured under the terms and conditions below, other insurance, as used in Section V. Conditions, Item J., Other Insurance, and defined in Section VI. Definitions, Item 10, Other Insurance, shall mean only such insurance as is provided by a Scheduled Underlying Policy. No other insurance available to the Additional Insured shall be primary to or contributory with this insurance. Rather, any such other insurance shall be considered excess of the insurance provided by this policy. Additional Insured: Any person or organization that you are required under a written contract to include as an additional insured on a Scheduled Underlying Policy and this policy, but only if: 1. that contract requires that the Scheduled Underlying Policy and this policy be primary to and non- contributory with any other insurance available to the Additional Insured; and 2. the Scheduled Underlying Policy provides coverage to such person or organization and specifies that such coverage is primary to an non-contributory with any other insurance available to the Additional Insured where required by written contract. The most we will pay for loss covered under this endorsement will be: 1. the limits of insurance required under the contract to be provided under this policy; or 2. the Limits of Insurance stated in Item 4 of the Declarations; whichever is less. Authorized Representative XS-41887a (02/18) Page 1 of 1 Waiver of Our Right to Recover Payment Named Insured Endorsement Number Stark Holdings America Inc Policy Symbol I Policy Number I Palley Period Effective Date of Endorsement xoo N10841872 006 7/24/2019 TO 7/24/2020 Issued By (Name of Insurance Company) Ace American Insurance Co Insert the policy number. T he remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS POLICY IS SUBJECT TO THE FOLLOWING With respect to: [] COVERAGE A [] COVERAGE B 0 COVERAGE A and COVERAGE B SCHEDULE Name of Person or Organization: As required by written contract and provided by the Underlying Insurance Section V. CONDITION K., Our Right To Recover Payment, is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of any payment under this policy, but only at the specific written request of the named insured either before or after loss, wherein such waiver has been included before loss as part of a contractual undertaking by the named insured. This waiver applies only to the person or organization shown in the Schedule above. This waiver shall apply only with respect to injury or damage arising out of your ongoing operations or your work done under a specific contract with the person or organization shown above. Authorized Representative XS -41864 (01/14) Page 1 of1 Policy Number: 711-01-63-14-0002 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM AUTOMOBILE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy carefully to determine rights, duties and what is and is not covered. A. Drive Other Car Coverage - Executive Officers and Certain Individuals B. Section II - Covered Autos Liability Coverage 1. Additional Insured - Written Contract, Agreement, Permit or Authorization 2. Broadened Named Insured 3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) 4. Newly Acquired or Formed Organizations 5. Supplementary Payments - Bail Bonds and Loss of Earnings C. Section Ill - Physical Damage Coverage 1. Hired Auto Physical Damage Coverage 2. Towing - Any Covered Autos 3. Transportation Expenses Increased 4. Loss of Use Expenses Increased 5. Other Coverage Extensions a. Airbag Discharge b. Auto Theft Reward c. Loan/Lease Gap Coverage d. Rental Reimbursement 6. Diminution in Value 7. Communications Equipment 8. Deductible Waived For Glass Repair D. Section IV- Business Auto Conditions 1. Duties in Event of Accident, Claim, Suit or Loss 2. Waiver of Subrogation When Required by Written Contract or Agreement E. Section V - Definitions 1. Bodily Injury- Includes Mental Anguish 2. Executive Officer A. Drive Other Car Coverage - Executive Officers and Certain Individuals 1. The following is added to Section I- Covered Autos: Drive Other Car Coverage a. For Covered Autos Liability Coverage and Physical Damage Coverage, "autos" in the care, custody or control of an "insured" described in Paragraph 2. below, which you do not own, hire, lease or borrow, are covered "autos". But this does not include any "auto": (1) Owned by any "insured" described in Paragraph 2. below, or any member of their household, including any "auto" that is owned but not insured; (2) Used by an "insured" described in Paragraph 2. below while working in the business of selling, servicing, repairing or parking autos; or (3) Insured or covered under another policy. b. If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are provided by this policy, then an "insured" described in Paragraph 2. below, and their family members residing in the same household, are "insureds" while: (1) Occupying as a passenger; or (2) A pedestrian when struck by; any "auto" you do not own, hire, lease or borrow, except an "auto" owned by an "insured" described in Paragraph 2. below or members of their household, or an "auto" insured or covered under any other policy. VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2018, OneBeacon Insurance Group LLC E-INSURED Page 1 of 5 2. With respect to Drive Other Car Coverage only, Paragraph A.1. Who is an Insured of Section II - Liability Coverage is amended to include as an "insured" the following: If you are designated in the Declarations as: a. An individual, you and your spouse. b. A partnership, your partners and their spouses. c. An organization other than an individual or a partnership, your "executive officers" and their spouses. 3. Limit of Insurance and Deductible The most we will pay for Drive Other Car Coverage is the single highest Limit of Insurance for the applicable coverage for an "auto" you own. The Deductible for Drive Other Car Coverage is the largest Deductible for the applicable coverage for an "auto" you own. 4. Other Insurance Regardless of the existence of other insurance or Paragraph 8.5. Other Insurance of Section IV-- Business Auto Conditions, Drive Other Car Coverage is primary. 8. Section II - Covered Autos Liability Coverage 1. Additional Insured = Written Contract, Agreement, Permit or Authorization Paragraph A.1. Who is an Insured of Section II - Covered Autos Liability Coverage is amended to include as an additional "insured" any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance such as is afforded under this Coverage Form but only with respect to liability for "bodily injury" or "property damage" caused in whole or in part by your maintenance, operation or use of a covered "auto". But this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit or authorization has been issued prior to the "accident" that caused the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" under any other provisions of this policy, including this or any other endorsement; c. To the independent acts or omissions of such person or organization; or d. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends or the lessor or its agent takes possession of the "auto". 2. Broadened Named Insured Paragraph A.1. Who is an Insured of Section Il -= Covered Autos Liability Coverage is amended to include as a Named Insured any legally incorporated entity in which you maintain ownership of more than 50 percent of the voting stock on or after the effective date of this endorsement, but only if there is no other similar insurance available to that organization. This insurance does not apply to any organization that is an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) a. Paragraph A.1. Who is an Insured of Section II - Covered Autos Liability Coverage is amended to include as an "insured" your "employee" while: (1) Using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. (2) 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. b. Exclusion B.5. Fellow Employee of Section II - Covered Autos Liability is deleted. c. The following is added to B.5.b of Section IV- Business Auto Conditions: Any covered "auto" hired or rented without a driver by your "employee" under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business is also deemed to be a covered "auto" you own. VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2018, OneBeacon Insurance Group LLC Page 2 of 5 4. Newly Acquired or Formed Organizations Paragraph A.1. Who is an Insured of Section II - Covered Autos Liability Coverage is amended to include as an "insured" any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, if there is no other similar insurance available to that organization. But: (1) Coverage under this provision is afforded only until the end of the policy period; and (2) Coverage does not apply to "bodily injury" or "property damage" caused by an "accident'' that occurred before you acquired or formed the organization. 5. Supplementary Payments - Bail Bonds and Loss of Earnings In Paragraph A.2.a. Supplementary Payments of Section II - Covered Autos Liability, the following replaces Paragraphs (2) and (4) (2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Section 111- Physical Damage Coverage 1. Hired Auto Physical Damage Coverage a. If hired "autos" are covered "autos" under Section II - Covered Autos Liability Coverage and this policy provides Comprehensive, Specified Causes of Loss Coverage or Collison Coverage for any "auto" you own, a hired "auto" will be deemed a covered "auto" for Physical Damage Coverage subject to the provisions in Paragraph b. below. b. For Hired Physical Damage Coverage provided by paragraph a. above: (1) The most we will pay for "loss" to any hired "auto" is the lesser of: (a) $75,000 for "autos" of the private passenger type and $50,000 for all other "autos"; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) The Deductible is the largest Deductible for the applicable coverage for an "auto" you own. (3) This insurance is excess over any other valid and collectible insurance, whether such insurance is primary, excess, contingent or on any other basis. 2. Towing-Any Covered Autos The following replaces Paragraph A.2. Towing of Section 111- Physical Damage Coverage: We will pay up to $100 for towing and, if labor is performed at the place of disablement, labor costs incurred each time a covered "auto" is disabled if a premium charge for towing and labor is shown in the Schedule or the Declarations. 3. Transportation Expenses Increased In Paragraph A.4.a. Transportation Expenses of Section Ill - Physical Damage Coverage, the amounts we will pay amounts we will pay for temporary transportation expenses incurred by you because of the total theft of a covered "auto" of the private passenger type are increased to $75 per day, to a maximum of $2,250. 4. Loss of Use Expenses Increased The following replaces the last paragraph in Paragraph A.4.b. Loss Of Use Expenses of Section Ill - Physical Damage Coverage: However, the most we will pay for any expenses for loss of use is $1,000. 5. Other Coverage Extensions If you have Physical Damage Coverage, the following are added to Paragraph A.4. Coverage Extensions of Section Ill - Physical Damage Coverage: VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2018, OneBeacon Insurance Group LLC Page 3 of 5 a. Airbag Discharge We will pay to reset or replace a covered "auto's" airbag that accidentally discharges without the "auto" being involved in an "accident" if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the discharge. No Deductible applies to this Coverage Extension. b. Auto Theft Reward If you have Comprehensive or Specified Cause of Loss Coverage, we will pay a reward up to $2,000 for information leading to the arrest and conviction of anyone stealing a covered "auto". But we will not pay a reward to you, any family members or "employees" or any public officials while performing their duties. c. Loan/Lease Gap Coverage If a covered "auto" is subject to a long-term loan or lease that requires, in writing, that the lender or lessor be an additional "insured", and you are legally obligated for the remaining balance on the loan or lease, we will pay the difference between the actual cash value of the "auto" at the time of "loss" and the remaining balance on your loan or lease. But we will not pay for: (1) Any amount paid under the policy's Physical Damage Coverage; or (2) Any amounts for abnormal or excess wear and tear, additional or high mileage charges, carry-over balances from previous loans or leases, extended warranties or insurance purchased with the loan or lease, lease termination fees, taxes, overdue payments, unreturned security deposits or any penalties, interest or charges resulting from overdue payments. d. Rental Reimbursement We will pay for expenses to rent an "auto" of the private passenger type because of "loss" to a covered "auto" of the private passenger type. But: (1) We will only pay expenses incurred during the policy period at the time of the "loss" and ending, regardless of the policy period, six days after the "loss". (2) The most we will pay is the lesser of: (a) Reasonable and necessary expenses actually incurred; or (b) $50 per day. (3) This coverage does not apply if a spare or reserve "auto" is available to you. (4) If "loss" is because of the total theft of a covered "auto", we will pay only those amounts that are not already covered under Transportation Expenses. No Deductible applies to this Coverage Extension. 6. Diminution in Value The following is added to Exclusion B.6. of Section Ill - Physical Damage Coverage: This exclusion does not apply to "diminution in value" of a covered "auto" of the private passenger type used in the conduct of the "insured's" business that is leased, rented, hired or borrowed without a driver for a period of 30 days or less. But the most we will pay for such "diminution in value" is the lesser of: a. 20 percent of the actual cash value of the "auto" as of the time of the "loss"; or b. $7,500. 7. Communications Equipment The following is added to Paragraph B. Exclusions of Section Ill - Physical Damage Coverage: Exclusions 4.c. and 4.d. do not apply to communications equipment, including its antenna and other accessories, that is permanently installed in, and not removable from, a covered "auto" and designed for use as a: a. Citizen's band radio; b. Two-way mobile radio or telephone; VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2018, OneBeacon Insurance Group LLC Page4of5 c. Scanning monitor receiver; or d. GPS navigation system. No Deductible applies to "loss" to such communications equipment. But the most we will pay for all such communications equipment is $5,000 for any one "loss". 8. Deductible Waived For Glass Repair The following is added to Paragraph D. Deductible of Section Ill - Physical Damage Coverage: No Deductible applies if glass that is damaged is repaired rather than replaced. D. Section IV- Business Auto Conditions 1. Duties in the Event of Accident, Claim, Suit or Loss The following is added to Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV- Business Auto Conditions: The requirements that you must notify us of an "accident", claim, "suit" or "loss", or send us documents concerning a claim or "suit", apply only if the "accident", claim, "suit" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or insurance or risk manager, if you are a corporation; or (4) A manager, if you are a limited liability company. The requirement that you must notify us as soon as practicable of an "accident", claim, "suit" or "loss" does not apply if you report the "accident", claim, "suit" or "loss" to your workers' compensation insurer and the "accident", claim, "suit" or "loss" later develops into a liability claim for which coverage is provided by this policy. But as soon as you become aware that an "accident", claim, "suit" or "loss" is a liability claim rather than a workers' compensation claim, you must comply with all parts of Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV - Business Auto Conditions. 2. Waiver of Subrogation When Required by Written Contract or Agreement The following is added to Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of Section IV- Business Auto Conditions: We will waive any right of recovery against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", but only if the "insured contract'' is executed before the "accident" or "loss" occurs. E. Section V - Definitions 1. Bodily Injury - Includes Mental Anguish The following is added to Paragraph C. of Section V - Definitions: "Bodily injury" includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time. 2. Executive Officer The following is added to Section V - Definitions: "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. VCA 201 0618 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Copyright 2018, One Beacon Insurance Group LLC Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY - NEW YORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured - Broad Form Vendors 8. Broadened Property Damage Rented Premises 2. Additional Insured - by Contract, Agreement or 9. Coverage Territory-Worldwide Permit relating to: 10. Duties in Event of Occurrence, Claim or Suit o Work performed by you 11. Expected or Intended Injury (PD) 0 Premises you own, rent, lease or occupy 12. Incidental Medical Malpractice 0 Equipment you lease 13. Medical Payments 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non-Owned Aircraft 5. Bodily Injury Redefined- Mental Anguish 16. Non-Owned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall Expense 0 Borrowed Equipment 19. Supplementary Payments Increased Limits 0 Customers' Goods 0 Use of Elevators 1. ADDITIONAL INSURED- BROAD FORM VENDORS Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, 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: a. This provision 1. does not apply to: (1) "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; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, 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 distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "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: (a) The exceptions contained in Subparagraphs 4. or 6.; or (b) Such inspections, 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 distribution or sale of the products. VCG 761 NY 02 05 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, OneBeacon Insurance Group LLC E-INSURED Page 1 of 7 (9) Any person or organization if the "products-completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. 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. ADDITIONAL INSURED - CONTRACT, AGREEMENT OR PERMIT a. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organi- zation(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of "your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property damage", or "personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying 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. 5. To any: (a) Lessor of equipment after the equipment lease expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises if: (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. 6. To "bodily injury, or "property damage" occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, OneBeacon Insurance Group LLC VCG 761 NY 02 05 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section Ill - Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V - Definitions, the following definition is added: "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. 4. BLANKET WAIVER OF SUBROGATION Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED - MENTAL ANGUISH Under Section V the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 6. BROADENED NAMED INSURED Section II - Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE - BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage" liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the insured; and (c) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" is $25,000 per "occurrence". b . Under Section V - Definitions, the following definition is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. VCG 761 NY 02 05 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, OneBeacon Insurance Group LLC Page 3 of7 c. The insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. BROADENED PROPERTY DAMAGE - RENTED PREMISES a. In the Damage To Property exclusion under Section I Coverage A, the exclusion for "property damage" to: Property you own, rent or occupy; does not apply to real property you rent or temporarily occupy with permission of the owner. b. In Section 111- Limits Of Insurance, the Damage To Premises Rented To You Limit is amended as follows: Subject to the Each Occurrence Limit, $500,000 is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or occupied by you with permission of the owner. If any amount other than $500,000 is shown in the Declarations as the Damage To Premises Rented To You Limit, the amount shown in the Declarations will replace $500,000 as the Limit of Insurance provided for this coverage. c. The insurance afforded by this Provision 8. is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 9. COVERAGE TERRITORY - WORLDWIDE The definition of "coverage territory" is replaced by the following: "Coverage territory'' means anywhere. However, the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. 10. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV - Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or "suit" and 2. send us documents concerning a claim or "suit" apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer of the corporation or insurance manager, if you are a corporation; or 4. A manager, if you are a limited liability company. b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence" is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 11. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 12. INCIDENTAL MEDICAL MALPRACTICE- EMPLOYED PHYSICIANS, NURSES, EMT'S AND PARAMEDICS a. Under Section II - Who Is An Insured the paragraph that excludes an employee or volunteer worker as insured for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. Page4 of 7 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, OneBeacon Insurance Group LLC VCG 761 NY 02 05 b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 13. MEDICAL PAYMENTS-INCREASED LIMITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are incurred and reported to us within one year of the date of the accident is changed to three years. b. The Medical Expense Limit is $10,000 per person or the amount shown in the Declarations as the Medical Expense Limit, whichever is greater. c. This provision 13. does not apply if Coverage C Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II - Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 15. NON-OWNED AIRCRAFT a. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired, chartered or loaned with a paid crew; and 2. Not owned by any insured. b. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 16. NON-OWNED WATERCRAFT a. Section II - Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 2. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability, the limitation on the length of a watercraft is increased to 51 feet. c. The insurance afforded by this provision 17. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. PERSONAL AND ADVERTISING INJURY The following is added to the definition of "personal and advertising injury": Discrimination because of race, color, creed, national origin, age, sex or physical disability, where insurance therefore is not prohibited by law, but only if such discrimination is: a.