180022-CONTRACT.PDF

CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)
Black Canyon Adult Probation Renovation and Addition
Office of Procurement Services
Serial # 180022-DBB
Contract # 180022-DBB
C-
Project # 4166-17-0006
Facilities Management
MARICOPA COUNTY, ARIZONA

CONTRACT AGREEMENT
THIS AGREEMENT, is made and entered into this 17th day of January, 2017, by and between
MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
DNG Construction, LLC hereinafter referred to as CONTRACTOR.
The CONTRACTOR, for and in the consideration of the sum of
One million seven hundred sixty five thousand thirty six dollars and 00/100 ($1,765,036.00)
Unit prices, if any, are as follows:
N/A
to be paid to him by the COUNTY, in the manner and at the times hereinafter provided, and in consideration
of the other covenants and agreements herein contained, hereby agrees for itself, its heirs, executors,
administrators, successors, and assigns as follows:
ARTICLE I - SCOPE OF WORK: CONTRACTOR shall construct, and complete in a workmanlike
manner and to the satisfaction of the Facilities Management Department Director, a project for the
Maricopa County Facilities Management Department, designated as Serial # 180022-DBB, Black
Canyon Adult Probation Renovation and Addition, and furnish at its own cost and expense all necessary
machinery, equipment, tools, apparatus, materials, and labor to complete the work in the most workmanlike
manner according to the Plans and Specifications on file with the Maricopa County Facilities Management
Department, and listed herein, together with modifications of the same and other directions that may be
made by the Maricopa County Facilities Management Department as provided herein.
ARTICLE II - CONTRACT DOCUMENTS: The Contract Documents (Invitation to Bid, Plans,
Construction Special Provisions , Addenda issued prior to the execution of this Agreement, if any, General
Conditions, General Requirements, Specifications, Maricopa Association of Governments (MAG) Standard
Specifications and Uniform Standard Details, and the latest revisions thereto, Maricopa County Supplement
to M.A.G. Uniform Standard Specifications for Public Works Construction, Bid, Affidavits, Performance
Bond, Payment Bond, Certificates of Insurance, and Change Orders, if any,) are by this reference made a
part of this Contract and shall have the same effect as though all of the same were fully inserted herein.
This Contract, including the Contract Documents, represents the entire and integrated agreement between
the parties and supersedes any prior negotiations, representations, or agreements, either written or oral.
All amendments to this Contract shall be in writing and approved/signed by both parties.
ARTICLE III- TIME FOR COMPLETION: CONTRACTOR further covenants and agrees at its own
cost and expense, to do all work as aforesaid for the construction of said improvements and to completely
construct the same and install the material therein, as called for by this agreement free and clear of all
claims, liens, and charges whatsoever, in the manner and under the conditions specified and within the time,
or times, stated in the Bid pamphlet and this Contract. The date for the commencement of the work will be
set by a Notice to Proceed issued by the Owner. The time for completion will be measured from the date
of commencement.
ARTICLE IV - SUBSTANTIAL COMPLETION: The CONTRACTOR shall achieve Substantial
Completion of the work not later than 360 days from the date of commencement subject to adjustments to
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the Contract Time as provided for herein. Final Completion shall be achieved in 30 days after Substantial
Completion, subject to adjustments to the Contract Time as provided for herein.
ARTICLE V - PAYMENTS: For and in consideration of the satisfactory performance of the work as set
forth in the Contract Documents, which are a part hereof, and in accordance with the directions of the
COUNTY, through its Design Professional, the COUNTY agrees to pay the said CONTRACTOR the
amount earned, (and, if unit prices are applicable the sum due as computed from actual quantities of work
performed and accepted, or materials furnished at the unit bid price on the Bid made a part hereof) and to
make such payment in accordance with the requirements of A.R.S. § 34-221, as amended.
CONTRACTOR agrees to discharge its obligations and to make payments to its subcontractors and
suppliers in accordance with A.R.S. § 32-1129, the Prompt Pay Act.
ARTICLE VI- LIQUIDATED DAMAGES: Liquidated damages are provided for in this Contract, as
explained in the General Conditions to this Contract.
Upon failure of Contractor to substantially complete the Project within the specified period of time, plus
approved time extensions, Contractor shall pay to OWNER the maximum sum of One thousand six
hundred thirty two Dollars ($1,632.00) for each calendar day after the time specified in Article IV above.
The actual liquidated damages cost, including back-up will be forwarded to the Contractor. In any case the
actual liquidated damages amount shall not exceed the maximum sum indicated above. After Substantial
Completion, should Contractor fail to complete the remaining work within the time specified in Article IV
above, plus approved time extensions thereof, for completion and readiness for Final Completion,
Contractor shall pay to OWNER the maximum sum of One thousand six hundred thirty two Dollars
($1,632.00) for each calendar day after the time specified in Article IV above. The actual liquidated
damages cost, including back-up will be forwarded to the Contractor. In any case the actual liquidated
damages amount shall not exceed the maximum sum indicated above. These amounts are not penalties but
are liquidated damages to OWNER for its inability to obtain full beneficial occupancy of the Project.
ARTICLE VII- TERMINATION: The COUNTY hereby gives notice that pursuant to A.R.S. § 38-511
A, this contract may be canceled without penalty or further obligation within three years after execution if
any person significantly involved in initiation, negotiation, securing, drafting or creating the contract on
behalf of the COUNTY is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party to the contract in any capacity or a Contractor to any other party of
the contract with respect to the subject matter of the contract. Cancellation under this section shall be
effective when written notice from the COUNTY is received by all of the parties to the contract. In
addition, the COUNTY may recoup any fee or commission paid or due to any person significantly involved
in initiation, negotiation, securing, drafting or creating the contract on behalf of the COUNTY from any
other party to the contract arising as a result of the contract.
ARTICLE VIII- TERMINATION FOR DEFAULT: if the CONTRACTOR should be adjudged
bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be
appointed on account of its insolvency, the COUNTY may terminate the Contract. If the CONTRACTOR
should repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide
enough properly skilled workers or proper materials, or repeatedly disregard laws and ordinances, or fail to
meet deadlines or not proceed with work, or otherwise be guilty of a material breach of any provision of
this Contract, then the COUNTY may terminate the Contract. Prior to termination of the Contract, the
COUNTY shall give the Contractor fourteen (14) calendar day's written notice. Upon receipt of such
termination notice, the Contractor shall be allowed fourteen (14) calendar days to cure such deficiencies.
In the event of termination under this paragraph, all documents, data, and reports prepared by the
CONTRACTOR under this Contract shall become the property of and be delivered to the COUNTY upon
demand. Sums claimed due by the CONTRACTOR shall not be paid until the Work has been completed
and such payment shall only be made after deduction damages caused by the default. In the event a
termination for default is determined to be without cause, it shall be deemed to be a termination for
convenience.
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ARTICLE IX - TERMINATION FOR CONVENIENCE: The COUNTY reserves the right to terminate
the Contract, in whole or in part at any time, when in the best interests of the COUNTY without penalty or
recourse. Upon receipt of the written notice, the CONTRACTOR shall immediately stop all work, as
directed in the notice, notify all subcontractors of the effective date of the termination and minimize all
further costs to the COUNTY. In the event of termination under this paragraph, all documents, data and
reports prepared by the CONTRACTOR under the Contract shall become the property of and be delivered
to the COUNTY upon demand. The CONTRACTOR shall be entitled to receive just and equitable
compensation for work in progress, work completed and materials accepted before the effective date of the
termination. No lost "future profits" will be paid to the CONTRACTOR.
ARTICLE X - SUSPENSION OF WORK: The Owner may order the CONTRACTOR, in writing, to
suspend, delay, or interrupt all or any part of the work of this Contract for the period of time that the Owner
determines appropriate for the convenience of the COUNTY.
If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed,
or interrupted (1) by an act of the Owner in the administration of this Contract, or (2) by the Owner's failure
to act within the time specified in this Contract (or within a reasonable time if not specified), an adjustment
shall be made for any increase in the cost of performance of the Contract (excluding profit) caused by the
unreasonable suspension, delay, or interruption, and the contract will be modified in writing accordingly.
However, no adjustment shall be made under this provision for any suspension, delay, or interruption to the
extent that performance would have been so suspended, delayed, or interrupted by any other cause,
including the fault of negligence of the Contractor, or for which an equitable adjustment is provided (or
excluded) under any other term or condition of this Contract.
A claim under this provision shall not be allowed:
For any costs incurred more than 14 days before the CONTRACTOR has notified the Owner in writing of
the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a
suspension order); and unless the claim, in an amount stated, is made in writing as soon as practicable after
the termination of the suspension, delay, or interruption, but not later than the date of final payment under
the Contract.
ARTICLE XI - NEGOTIATION CLAUSE: Recovery of damages related to expenses incurred by
CONTRACTOR for a delay for which the COUNTY is responsible, which is unreasonable under the
circumstances and which was not within the contemplation of the parties to the contract, shall be negotiated
between CONTRACTOR and the COUNTY. This provision shall be construed so as to give full effect
to any provision in the contract which requires notice of delays, provides for neutral evaluation and
arbitration or other procedure for settlement, or provides for liquidated damages.
ARTICLE XII - COMPLIANCE WITH LAWS: CONTRACTOR is required to comply with all
Federal, State and local ordinances and regulations. CONTRACTOR'S signature on this contract certifies
compliance with the provisions of the 1-9 requirements of the Immigration Reform Control Act of 1986 for
all personnel that CONTRACTOR and any subcontractors employ to complete this project. The
COUNTY will perform in accordance with the provisions of the Maricopa County Procurement Code.
The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 (regarding immigration) and
further acknowledges:
(1) The CONTRACTOR and its sub-contractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. §23-214, subsection A; (on e-verification, etc.). After December
31,2007, every employer, after hiring an employee, shall verify the employment eligibility
of the employee through the e-verify program and shall keep a record of the verification
for the duration of the employee's employment or at least three years, whichever is longer.
(2) A breach of a warranty under subsection 1 above, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the Contract;
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(3) The COUNTY retains the legal right to inspect the papers of any CON TRACTOR or sub-
contractor employee who works on the contract to ensure that the CONTRACTOR or sub-
contractor is complying with the warranty provided under subsection 1 above and that the
CONTRACTOR agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection.
(4) Nothing herein shall make any CONTRACTOR or sub-contractor an agent or employee
of the COUNTY.
ARTICLE XIII - SBE PROGRAM: It is Maricopa County's policy to endeavor to ensure in every way
possible that small business participation firms shall have the opportunity to provide professional services,
materials, and contractual services to the County in a nondiscriminatory manner.
ARTICLE XIV — SBE PARTICIPATION PAY FORM: This form (copy attached) is to be submitted
with each pay application or invoice. Any pay application or invoice without this form attached is subject
to rejection as not being a completed pay application or invoice pursuant to the terms of the contract.
ARTICLE XV - ANTI-DISCRIMINATION PROVISION: CON1RACTOR agrees not to
discriminate against any employee or applicant for employment because of race, age, color, religion, sex,
disability, or national origin, and further agrees not to engage in any unlawful employment practices.
CONTRACTOR further agrees to insert the foregoing provision in all subcontracts hereunder.
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-
09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded
at the Governor of the State of Arizona's website
http://www.azgovemor.gov/drns/upload/E0 2009 09.pdf which is hereby incorporated into this contract
as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate
against any employee, client or any or any other individual in any way because of that person's age, race,
creed, color, religion, sex, disability or national origin.
ARTICLE XVI— INFLUENCE: As prescribed in MC1-1202 of the Maricopa County Procurement Code,
any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct, or
any unethical conduct, may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
(1) A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment
or educational passes or tickets, or any type valuable contribution or subsidy;
(2) That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement
Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County
Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
ARTICLE XVII — AMENDMENTS: All amendments to this Contract shall be in writing and
approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for
approving all amendments for Maricopa County.
ARTICLE XVIII — ISRAEL BOYCOTT: By submitting this proposal the Contractor certifies that they
are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq.
ARTICLE XIX — ALTERNATIVE DISPUTE RESOLUTION
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Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative dispute
resolution ("ADR") process provided herein shall be the exclusive means for resolution of claims or
disputes arising under or related to the Contract, the interpretation thereof or the performance or breach by
any party thereto, including but not limited to original claims or disputes asserted as cross claims,
counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or ongoing
litigation or arbitration with third parties, if such disputes involve parties to contracts containing this ADR
provision. No changes can be made to this process without the mutual assent of the County and the
claimant. The parties have structured this procedure with the goal of providing for the prompt, efficient
and final resolution of all disputes falling within the purview of this ADR process.
Meeting of Principals. When a claim is made or a dispute (hereafter "dispute") as described in Paragraph
1.1 arises, senior representatives of the County and the claimant will meet personally within ten (10)
business days to discuss the dispute and attempt to resolve it. If, after good faith efforts, resolution is not
achieved, the dispute will proceed to mediation.
Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either as single
arbitrator as a member or Chair of the arbitration panel, shall be a member of the State Bar of Arizona and
have experience in construction law.
Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the parties
may enter into mediation. The parties shall jointly select a mediator. The parties may mutually agree to
waive mediation and proceed directly to arbitration. If the mediation process is requested by either party,
the mediation period shall be informal and shall not exceed sixty (60) calendar days from the selection of
the mediator. During the mediation process either party may terminate mediation on written notice to the
other party and the mediator.
Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the exclusive
method to resolve a dispute if mediation is unsuccessful, if mediation has been waived by the parties, or if
a party requests arbitration during the mediation process. Except as provided in Section 1.7.5 and 1.7.9,
the decision of the arbitrator or arbitrator panel is final and binding on the parties and not subject to further
judicial review.
A party requesting binding arbitration shall notify the other party of their demand for arbitration in writing
within seven (7) calendar days of (1) the failure of mediation; (2) waiver of mediation; or (3) of the party's
demand to terminate mediation.
If the Contractor requests arbitration it shall post a cash bond with the arbitrator in an amount agreed upon
by the parties or, in the event of no agreement, the arbitrator shall establish the amount of the cash bond to
defray the cost of the arbitration and the proceeds from the bond shall be allocated in accordance with
paragraph 1.7.7. The bond must be in the full amount agreed upon or as established by the Arbitrator to
pay the potential cost of the full arbitration proceeding. The bond must be posted with and received by the
arbitrator within five (5) calendar days after the demand for arbitration.
Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by agreement of the
parties. If the parties cannot agree on the single arbitrator, then the parties shall each submit two names to
a Judge designated by Maricopa County who shall select the single arbitrator.
For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators: the County's
appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator who shall be selected by the
parties' arbitrators and serve as the Chair of the arbitration panel.
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The arbitration is to be convened and administered under the Revised Uniform Arbitration Act ("RUAA")
(A.R.S. § 12-3001 et seq.) and the American Arbitration Association Construction Rules shall serve as a
guideline for proceedings, thus as a supplement to the RUAA.
Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration panel to set
an expedited hearing. If the single arbitrator or the Chair of the arbitration panel determines that the
circumstances justify it, the single arbitrator or the Chair of the arbitration panel will arrange for scheduling
of the arbitration at the earliest possible date. In any event, the hearing of any dispute not expedited will
commence as soon as practical but in no event later than thirty (30) calendar days after notification of
request for arbitration having been received. This deadline can be extended only with the consent of all the
parties to the dispute, or by decision of the single arbitrator or the Chair of the arbitration panel upon a
showing of good cause.
Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner that will
resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each party
shall supply to the single arbitrator or arbitration panel a written pre-hearing statement which shall contain
a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief description
of the subject matter of the testimony of each witness who will be called to testify, and an estimate as to the
length of time that will be required for the arbitration hearing. The single arbitrator or the Chair of the
arbitration panel shall determine the nature and scope of discovery, if any, and the manner of presentation
of relevant evidence consistent with deadlines provided herein, and the parties' objective that disputes be
resolved in a prompt and efficient manner. No discovery may be had of any materials or information for
which a privilege is recognized by Arizona law. The single arbitrator or the Chair upon proper application
shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary
or sensitive materials or information from public disclosure or other misuse. Any party may make
application to the Maricopa County Superior Court to have a protective order entered as may be appropriate
to confirm or enforce such orders of the Chair.
Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed from
working day to working day until concluded, absent a showing of good cause.
Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a hearing issue an
award. The arbitration panel shall, within ten (10) calendar days from the conclusion of any hearing, by
majority vote, issue its award. The award shall include an allocation of fees and costs pursuant to 1.7.7
herein. The award is to be in accordance with the Contract and the law of the State of Arizona.
Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be without authority
to award punitive damages, and any such punitive damage award shall be void. If an award is made against
any party in excess of one hundred thousand dollars ($100,000), exclusive of interest, arbitration fees, costs
and attorneys' fees, it shall be supported by written findings of fact, conclusions of law and a statement as
to how damages were calculated.
Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the amount asserted in
any party's claim, but shall conduct a preliminary hearing into the question of jurisdiction over the claim
as regards its amount upon application of any party at the earliest convenient time, but not later than the
commencement of the arbitration hearing. If the dispute is determined to involve less than $200,000, the
arbitration shall continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
Entry of Judgment. As provided in the RUAA, any party can make application to the Maricopa County
Superior Court for confirmation of an award, and for entry of judgment on it.
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Severance and Joinder. To reduce the possibility of inconsistent adjudications, the Mediator or the single
arbitrator or arbitration panel, may: (i) at the request of any party, join and/or sever parties, and/or claims
arising under other contracts containing this ADR provision, and (ii) the Mediator, on his own authority, or
the single arbitrator or arbitration panel may, on its own authority, join or sever parties and/or claims subject
to this ADR process as deemed necessary for a just resolution of the dispute, consistent with the parties'
goal of the prompt and efficient resolution of disputes, provided; however, that the A/E, OWNER and
Project Professionals shall not be joined as a party to any claim made by a Contractor. Nothing herein shall
create the right by any party to assert claims against another party not arising under or related to the Contract
or not recognized under the substantive law as applicable to the dispute. Neither the Mediator nor the single
arbitrator or arbitration panel is authorized to join to the proceeding parties not in privity with the County.
The Contractor cannot be joined to any pending arbitration proceeding, without Contractor's express
written consent and unless Contractor is given the opportunity to participate in the selection of the single
arbitrator or non-County appointed arbitrator.
Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before
the mediation. All fees and costs associated with any arbitration before the single panel or arbitration panel,
including without limitation the arbitrator fees, and the prevailing party's reasonable attorneys' fees, expert
witness fees and costs, will be paid by the non-prevailing party, except as provided for herein. In the event
that Contractor is the non-prevailing party, all fees and costs as noted above shall first be paid out of the
bond posted with the arbitrator. In no event shall the Contractor's obligation to pay fees and costs be limited
to the amount of the bond posted herein. In no event shall any arbitrator's hourly fees be awarded in an
amount in excess of $250 per hour and (i) costs shall not include any travel expenses in excess of mileage
at the rate paid by Maricopa County, not to exceed a one way trip of 150 miles, and (ii) all travel expenses,
including meals, shall be reimbursed pursuant to the travel policy of Maricopa County in effect at the time
of the hearing. The determination of prevailing and non-prevailing parties, and the appropriate allocation
of fees and costs, will be included in the award by the single arbitrator or arbitration panel.
Confidentiality. Any proceeding initiated under this ADR provision shall be deemed confidential to the
maximum extent allowed by Arizona law and, except for disclosures to a party's attorneys or accountants,
no party shall make any disclosure related to the disputed matter or to the outcome of any proceeding except
to the extent required by law, or to seek interim equitable relief, or to enforce an agreement reached by the
parties or an award made hereunder. This provision does not affect the County's right to inform the County
Supervisors of the dispute.
Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party can petition
the Maricopa County Superior Court for interim equitable relief as may become necessary to preserve the
status quo and prevent immediate and irreparable harm to a party or to the Project pending resolution of a
dispute pursuant to ADR provided herein. No court may order any permanent injunctive relief except as
may be necessary to enforce an order entered by the arbitration panel. The fees and costs incurred in
connection with any such equitable proceeding shall be determined and assessed in ADR.
Change Order. Any award in favor of the Contractor against the County or in favor of the County against
the Contractor shall be reduced to a Change Order and executed by the parties in accordance with the award
and the provisions of the Contract or a settlement agreement as appropriate.
Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include all claims,
demands, and requests for compensation for costs and losses or other relief, including the extension of the
Contract performance period which reasonably should or could have been brought against any party that
was or could have been brought into this ADR process, with respect to the subject claim. The arbitration
panel shall apply legal principles commonly known as merger and bar to deny any claim or claims against
any party regarding which claim or claims recovery has been sought or should have been sought in a
previously adjudicated claim for an alleged cost, loss, breach, error, or omission.
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Inclusion in Other Contracts. The Contractor shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
XX. UNIFORM ADMINIS I RATIVE REQUIREMENTS:
When applicable and by entering into this Contract the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
contained in Title 2 C.F.R. § 200 et seq.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first
above written, in counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
Canyon-A-41th Probation Renovation and Addition
180022-DBB
Date
Dominic DeMark 46-0732805
Printed Name Federal Tax Identification Number
Vice President, Chief Financial Officer 288968
Title Arizona Contractor's License Number
909-24
Vendor Terms NIGP Commodity Code (Advantage)
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Chairman, Board of Supervisors Date
ATTEST:
Clerk of the Board Date
LEGAL REVIEW
Approved as to form and within the powers and
authority granted under the laws of the State of
Arizona to Maricopa County.
By:
Deputy County Attorney
Date:
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Attachment J - STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34 CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty
of this bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, DNG Construction, LLC (hereinafter called the Principal), as Principal, and Travelers
Casualty and Surety Company of America a corporation organized and existing under the laws of the State of
Connecticut , with its principal office in the City of Hartford (hereinafter
called the Surety) One as Surety, are held and firmly bound unto Maricopa County, (hereinafter called the Obligee)
in the amount of five thousand million seven thirty hundred six & 00/100 sixty DOLLARS ($ 1.765,036.00 ), for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with Obligee, dated the 17th day of
January ,20 18 , for Black Canyon Adult Probation Renovation and Addition, 180022-DBB,
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract
during the original term of said contract and any extension thereof, with or without notice to the Surety, and
during the life of any guaranty required under the contract, and shall also perform and fulfill all the
undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of
said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived;
then the above obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article
2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the
_provisions of said Title, Chapter, and Article, to the extent as if it was copied at length herein. The prevailing
party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a judge of
the court. I
Witness our hands this 17th day of January , 2018 .
DNG Construction, LLC
Crest Insurance Group
AGENT OF RECORD, STATE OF AZ
7272 E. Indian School Road, Ste 375
Scottsdale, AZ 85251 Travelers Casualty and Surety Company of America
AGENT ADDRESS SURETY SEAL
BOND NUMBER: 106818873 BY:
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Attachment I - STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34 CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, DNG Construction, LLC (hereinafter called the Principal), as Principal, and Travelers
Casualty and Surety Company of America a corporation organized and existing under the laws of the State of
Connecticut , with its principal office in the City of Hartford
(hereinafter called the Surety), 6:iesgfigx'sg\r/LhheulgiPeiddslirmlY bound unto Maricopa County (hereinafter called
the Obligee), in the amount of five thousand thirty six & 00/1g DOLLARS ($ 1,765,036.00 ), for
the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors.
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee. dated the 17th day of
January, 2018 for Black Canyon Adult Probation Renovation and Addition, 180022-DBB, which
contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
promptly pays all monies due to all persons supplying labor or materials to the Principal or the Principal's
subcontractors in the prosecution of the work provided for in the contract, this obligation is void. Otherwise
it remains in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34. Chapter 2, Article
2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the
provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same
extent as if it was copied at length in this Agreement.
The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney's fees
that may be fixed by the court or a judge thereof.
Witness our hands this 17th day of January 201$
Crest Insurance Group
AGENT OF RECORD, STATE OF AZ
7272 E. Indian School Road, Ste 375
Scottsdale, AZ 85251 Travelers Casualty and Surety Company of America
AGENT ADDRESS SURETY SEAL
BOND NUMBER: 106818873 BY:k_
Man Lucero, • -in-Fact
Black Canyon Adult Probation Renovation and Addition Serial 1;i 180022-D8B
Request for Bids - Design Bid Build Pg. 422

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTO NEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney-In Fact No. Certificate No. 0 072 67 271
231715
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Michael J. Mesenbrink, Jeri Lynn Thompson, Maria R. Lucero, and Margie Wager
of the City of Scottsdale , State of Arizona , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th
day of June 2017
Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
(L:3>itO%;3\
saitt
* ' i:;I*4."'"
State of Connecticut By:
City of Hartford ss. Robert L. Raney, Senior Vice President
On this the 14th day of June 2017, before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. \.6tiAlt C dAkAAVAII+
My Commission expires the 30th day of June, 2021. Marie C. Tetreault, Notary Public
58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes , the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17th day of January ,2018 .
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com . Please refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER

,-- 1 0
AccoRt, DATE (MMIDDNYYY)
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.
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).
PRODUCER CONTACT NAME: Micnelle ,_ Reif
Crest Insurance Group, LLC PHONE FAX
5285 E Williams Cir. Ste 4500 (A/C No Ext): 480-391-7349 (A/C, No):
Tucson AZ 85711 ADDRESS: E-MAIL mreif@CreStirlS.COM
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Allied Insurance Co of America 10127
INSURED 700NGCON INSURERS: Columbia Casualty Company 31127
DNG Construction, LLC
1140 S. Priest Drive, #104 INSURER C: Atlantic Specialty Lines, Inc. 27154
Tempe AZ 85281 INSURER 0:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1509475599 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER (MM/DDNYYY) POLICY EFF (MM/DDNYYY) POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY Y Y ACP3016967242 12/3112016 12/31/2017 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 300,000
2,000 MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY x Tar- x L. PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY Y Y ACP3016967242 12/31/2016 12/31/2017 COMBINED (Ea accident) SINGLE LIMIT t ' 1 000 000
X ANY AUTO BODILY INJURY (Per person) $
AUTOS OWNED ONLY iii AUTOS SCHEDULED BODILY INJURY (Per accident) $
X HIRED y NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY — AUTOS ONLY (Per accident)
$
X UMBRELLA LIAB X OCCUR ACP3016967242 12/31/2016 12/31/2017 EACH OCCURRENCE $ 2,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000
DED RETENTION $
A WORKERS COMPENSATION Y ACP3016967242 12/31/2016 12/31/2017 X PER STATUTE ER ER
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXEOUTIVE OFFICER/MEMBER EXCLUDED? ,,, ', N/A E.L. EACH ACCIDENT $ 1,000,000
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
B Professional Liab ($5,000 Dad) PEC0050302 8/1/2017 8/1/2018 Each Claim/Aggregate 2,000,000/2000000
C Builders Risk 7900196540001 9/1/2017 9/1/2018 Each Occurrence 30,000,000
Builders Risk Temp Loc/Transit Limt 250,000
DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Certificate holder and others when required in a written contract or agreement are Additional Insured (General Liability & Automobile Liability) including
Products Completed. Coverage is Primary & Non-Contributory (General Liability). Waiver of Subrogation (General Liability, Automobile Liability & Workers
Compensation) applies. This form is subject to all policy forms, terms, endorsements, conditions definitions & exclusions.
Forms attached: CG72461115, CG73231214, AC01020310, AC0101A0310, WC000313.
Re: Serial 180022-DBB, Black Canyon Adult Probation Renovation and Addition, Project No. 4166-17-0006
Maricopa County Office of Procurement Services, its agents, representatives, officers, directors, officials and employees are Additional Insured and coverage
applies per above info and attached forms.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Maricopa County Office f Procurement AUTHORIZED REPRESENTATIVE
Services
320 West Lincoln Street CO4
' Phoenix AZ 85003 R 14° C4/412
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

COMMERCIAL GENERAL LIABILITY
CG 72 46 11 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS FOR OTHER
PARTIES WHEN REQUIRED IN WRITTEN
CONSTRUCTION AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to a. All work, including material, parts or
include as an additional insured: equipment furnished in connection with
Ongoing Operations such work, on the project (other than
1. Any person or organization for whom you are service, maintenance or repairs) to be
performing operations when you and such performed by or on behalf of the
person or organization have agreed in writing additional insured(s) at the location of the
in a contract or agreement that such person covered operations has been completed:
or organization be added as an additional or
insured on your policy; and b. that operation of "your work" out of which
2. Any other person or organization you are the injury or damage arises has been put
required to add as an additional insured to its intended use by any person or
under the contract or agreement described in organization other than another
Paragraph 1. above. contractor or subcontractor engaged in
performing operations for a principal as a
Such person(s) or organization(s) is an additional part of the same project.
insured only with respect to liability for "bodily B. Section II — Who Is An Insured is amended to
injury", "property damage" or "personal and include as an additional insured:
advertising injury" caused, in whole or in part, by:
a. Your acts or omissions; or Products—Completed Operations
b. The acts or omissions of those acting on Any person or organization with whom you have
your behalf; agreed in writing in a contract or agreement that
such person or organization be added as an
in the performance of your ongoing operations lor additional insured on your policy with respect to
the additional insured. liability for "bodily injury" or "property damage"
However, the insurance afforded to such caused, in whole or in part, by "your work"
additional insured described above: performed for such person or organization and
a. Only applies to the extent permitted by included in the "products-completed operations
law; and hazard".
b. Will not be broader than that which you However, the insurance afforded to such
are required by the contract or agreement additional insured described above:
to provide for such additional insured. a. Only applies to the extent permitted by
A person's or organization's status as an law; and
additional insured for ongoing operations ends b. Will not be broader than that which you
when your operations for the person or are required by the contract or agreement
organization described in Paragraph 1. above are to provide for such additional insured.
completed. C. With respect to the insurance afforded to these
With respect to insurance afforded to these additional insureds, this insurance does not apply
additional insureds for ongoing operations, this to "bodily injury", "property damage" or "personal
insurance does not apply to "bodily injury" or and advertising injury" arising out of the rendering
"property damage" occurring after:
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with its permission.
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CG 72 46 11 15
of, or the failure to render, any professional 2. Available under the applicable Limits of
architectural, engineering or surveying services, Insurance shown in the Declarations;
including: whichever is less.
1. The preparing, approving, or !ailing to prepare This endorsement shall not increase the
or approve, maps, shop drawings. opinions, applicable Limits of Insurance shown in the
reports, surveys, field orders, change orders Declarations.
or drawings and specifications; or
E. With respect to the insurance afforded to these
2. Supervisory, inspection. architectural or additional insureds. the following is added to
engineering activities. Section IV - Commercial General Liability
This exclusion applies even if the claims against Conditions, Condition 4, Other Insurance and
any insured allege negligence or other supersedes any provision to the contrary:
wrongdoing in the supervision, hiring. Primary And Noncontributory Insurance
employment, training or monitoring of others by
that insured, if the "occurrence" which caused the This insurance is primary to and will not seek
"bodily injury" or "property damage", or the contribution from any other insurance
offense which caused the "personal and available to an additional insured under your
advertising injury", involved the rendering of, or policy provided that:
the failure to render, any professional (1) The additional insured is a Named
architectural, engineering or surveying services. Insured under such other insurance; and
(2) You have agreed in writing in a contract
O. With respect to the insurance afforded to these or agreement that this insurance would
additional insureds, the following is added to be primary and would not seek
Section III - Limits Of Insurance: contribution from any other insurance
The most we will pay on behalf of the additional available to the additional insured.
insured is the amount of insurance:
1. Required by the contract or agreement
described in Paragraph A.1. or Paragraph B.;
or
All terms and conditions of this policy apply unless modified by this endorsement.
Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. CO 72 46 11 15
with its permission.
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COMMERCIAL GENERAL LIABILITY
CG 73 23 12 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT
INCLUDING MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. Lost Key Coverage "Loss" means unintentional damage or
1. Under Section I - Coverages, Coverage A destruction but does not include
Bodily Injury And Property Damage disappearance. theft, or loss of use.
Liability, coverage is extended to include C. Non-Owned Watercraft
the lollowing: Under Section 1 - Coverages, Coverage A
If a customers master or grand key, Bodily Injury And Property Damage Liability.
excluding electronic key card, is lost while in 2. Exclusions, exclusion g. Aircraft, Auto Or
your care, custody or control we will pay the Watercraft Paragraph (2) (a) is replaced with:
cost of replacing the keys, including the (a) Less than 51 feet long; and
master lock and all keys used in the same D. Expanded Property Damage Coverage
lock, the cost of adjusting locks to accept the
new keys, or the cost to replace the locks. 1. For the purposes of this endorsement only:
whichever is less. Section I - Coverages, Coverage A
2. Limit of insurance - The most we will pay Bodily Injury And Property Damage
for "loss" arising out of any one "occurrence' Liability, 2. Exclusions, exclusion j.
is $ 10,000. Damage to Property is amended as follows:
3. Section V Definitions the following is a. Paragraphs .(3), (5), and (6) are deleted
added: in their entirety.
"Loss" means unintentional physical damage b. Paragraph (4) is deleted in its
or destruction to tangible properly, including entirely and replaced with:
theft or disappearance. Tangible properly (4) Personal properly in the care
does not include money or securities custody or control of the insured:
B. Voluntary Property Damage (a) for storage or sale at premises
1. Section I - Coverages, Coverage A Bodily you own, rent or occupy; or
Injury And Property Damage Liability, (b) while being transported by any
coverage is extended to include the following: aircraft, "auto" or watercraft
Al your request, we will pay for "property owned or operated by or rented
damage" to property of others caused by you to or loaned to any insured.
and while in your possession, arising out of your c. The coverage provided by this
business operations and occurring during the endorsement does not apply to
policy period. "property damage":
2. Limit of Insurance - The most we will pay (1) Arising out of the disappearance or
for 'loss" arising out of any one "occurrence" loss of use of personal property; or
is $1500. (2) Included in the "products-completed
3. For the purpose of this extended coverage operations hazard".
the following definition is added to Section
V - Definitions:
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CG 73 23 12 14
2. Limit of Insurance - The most we will pay F. Supplementary Payments
for "property damage" provided by this Under Section I — Coverages, Supplementary
coverage in any one "occurrence" is $5.000. Payments — Coverages A and B paragraphs
3. Deductible - Our obligation to pay for a 1.b and 1.d. are replaced with:
covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required
loss in excess of $250. because of accidents or traffic law violations
We will pay the deductible amount to effect arising out of the use of any vehicle to which
settlement of any claim or 'suit" and, upon the Bodily Injury Liability Coverage applies.
notification of this action having been taken, We do not have to furnish these bonds.
you shall promptly reimburse us for the d. All reasonable expenses incurred by the
deductible as has been paid by us. insured at our request to assist us in the
This insurance is primary to any expanded investigation or defense of the claim or
property damage coverage provided by a -suit", including actual loss of earnings up to
separate endorsement attached to this $500 a day because of time off from work.
policy, and it will supplant any deductible in G. Newly Formed And Acquired Organizations
said endorsement Under SECTION II — WHO IS AN INSURED
E. Damage To Premises Rented To You paragraph 3.a. is replaced with:
1. Under Section 1— Coverages, Coverage A a. Coverage under this provision is afforded
Bodily Injury And Property Damage only until the 18011 day after you acquire or
Liability, the last paragraph of 2. form the organization or the end of the policy
Exclusions is replaced with: period, whichever is earlier;
It Damage to Premises Rented to You is H. Additional Insured — Automatic Status When
not otherwise excluded, exclusions c. Required In An Agreement Or Contract With
through n. do not apply to damage by fire, You
lightning, explosion, smoke or sprinkler Section II — Who Is An Insured is amended to:
leakage to premises while rented to you or 1. Any person(s) or organization(s) described
temporarily occupied by you with permission in Paragraph 2. below with whom you have
of the owner. agreed in writing in a contract or written
2. Under Section III — Limits Of Insurance, agreement that such person or organization
paragraph 6 is replaced with: be added as an additional insured on your
6. Subject to 5. above, the Damage To policy during the policy period shown in the
Premises Rented To You Limit is the Declarations.
most we will pay under Coverage A for 2. Any other person or organization you are
damages because of "properly damage" required to add as an additional insured
to any one premises, while rented to under the contract or agreement described
you, or in the case of damage by fire, in Paragraph 1. above.
lightning, explosion, smoke or sprinkler The person or organization added as an
leakage, while rented to you or insured by this endorsement is an insured
temporarily occupied by you with only to the extent you are held liable due to:
permission of the owner. The limit is
increased to $300,000. a. Lessors of Leased Equipment — with
3. Under Section IV — Commercial General respect to their liability for "bodily injury",
Liability Conditions, 4. Other Insurance, b. "property damage", or "personal and
Excess Insurance (1) (a) (II) is replaced advertising injury", caused in whole or in
with: part by your maintenance, operation or
use ol equipment leased to you by such
(ii) That is Fire, Lightning, Explosion, Smoke person(s) or organization(s). This
or Sprinkler leakage insurance for insurance does not apply to any
premises rented to you or temporarily -occurrence" which takes place after the
occupied by you with permission of the equipment lease expires.
owner.
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CG 73 23 12 14
However. their status as additional However, such state or political
insured under this policy ends when subdivision's status as additional
their lease. contract or agreement with insured under this policy ends when the
you for such leased equipment expires. permit ends.
b. Managers or Lessors of Premises — d. Owners, Lessees, or Contractors —
with respect to liability arising out of the with respect to liability for"bodily injury',
ownership, maintenance or use of that "property damage" or "personal
part of the premises you own, rent, and advertising injury'' caused. in whole
lease or occupy. or in part, by:
This insurance does not apply to: (1) Your acts or omissions; or
(1) Any "occurrence" which lakes place (2) The acts or omissions of those
after you cease to be a tenant in acting on your behalf:
that premises. in the performance of your ongoing
(2) Structural alterations, new con- operations performed for that additional
struction or demolition operations insured, whether the work is performed
performed by or on behalf of the by you or on your behalf.
person or organization. The insurance does not apply to:
However, their status as additional (1) "Bodily injury*, "property damage",
insured under this policy ends when you or "personal and advertising injury"
cease to be a tenant of such premises. arising out of the rendering of or the
C. State or Political Subdivision — failure to render any professional
Permits Relating to Premises — with architectural, engineering or survey
respect to the following hazards for services, including:
which the stale or political subdivision (a) The preparing, approving, or
has issued a permit or authorization in failing to prepare or approve
connection with premises you own, rent maps, shop drawings, opinions,
or control and to which this insurance reports, survey, field orders,
applies. change orders or drawings and
(1) The existence, maintenance, repair, specifications: or
construction, erection, or removal of (b) Supervisory, inspection, archi-
advertising signs, awnings, tectural or engineering activities.
canopies, cellar entrances, coal This exclusion applies even if
holes, driveways, manholes, the claims against any insured
marquees, hoist away openings, allege negligence or other
sidewalk vaults, street banners, or wrongdoing in the supervision,
decorations and similar exposures; hiring, employment, training or
or monitoring of others by that
(2) The construction, erection, or insured, if the "occurrence"
removal of elevators; or which caused the "bodily injury"
(3) The ownership maintenance or use or "property damage", or the
of any elevators covered by this offense which caused the
insurance. "personal and advertising
This insurance does not apply to: injury", involved the rendering
of, or failure to render, any
(1) "Bodily injury" or "property damage" professional, architectural,
or "personal or advertising injury" engineering or surveying
arising out of operations performed services.
for the state or municipality; or
(2) "Bodily injury" or "property damage"
(2) "Bodily injury" or "property damage" occurring after
included within the "products-
completed operations hazard".
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CG 73 23 12 14
(a) All work, including materials, L. Employee Bodily Injury To Another Employee
parts or equipment furnished in Under Section II — Who Is An Insured The
connection with such work, on following is added to paragraph 2.a.(1):
the project (other than service,
maintenance or repairs) to be Paragraphs 2.a.(1) (a), (b) and (c) do not apply
performed by or on behalf of the to 'bodily injury" to a co-''employee" in the
additional insured(s) at the course of the co-"employee's" employment by
location of the covered you, or to "bodily injury" to a co-"volunteer
operations has been completed; worker" while performing duties related to the
or conduct of your business.
(b) That portion of "your work" out J. Broad Form Named Insured
of which the injury or damage Under Section II — Who Is An Insured The
arises has been put to its following is added to paragraph 2.:
intended use by any person or
organization other than another e. Any business entity incorporated or
contractor or subcontractor organized under the laws of the United State
engaged in performing of America (including any Stale thereof), its
operations for a principal as a territories or possessions or Canada
part of the same project. (including any Province thereof) in which the
However, a person or organization's status Named Insured shown in the Declarations
as additional insured under this policy ends owns, during the policy period, an interest of
when your operations for that additional more than filly percent. If other valid
insured are completed. collectible insurance is available to any
However, the insurance afforded to such business entity covered by this solely by
additional insureds a. — d. described above: reason of ownership by the Named Insured
shown in the Declarations in excess of fifty
(a) Only applies to the extent permitted by percent. this insurance is excess over the
law; and other insurance, whether primary, excess,
(b) Will not be broader than that which you contingent, or on any other basis.
are required by the contract or K. Aggregate Limit Per Location
agreement to provide for such additional
insured. Under Section III — Limits Of Insurance the
3. Primary and Noncontributory — Other following is added to paragraph 27
Insurance Conditions The General Aggregate limit under Section III
The following is added to the Other Limits of Insurance applies separately to each
Insurance Condition and supersedes any of your locations owned by or rented to you or
provisions to the contrary: temporarily occupied by you with the permission
Primary and Noncontributory Insurance of the owner. For the purposes of this provision,
location means premises involving the same or
This insurance is primary to and will not connecting lots, or premises whose connection
seek contribution from any other insurance is interrupted only by a public street, roadway,
available to an additional insured under your waterway or railroad right-of-way.
policy provided that:
(a) The additional insured is a Named L. Aggregate Limit Per Project
Insured under such other insurance; and Under Section III - Limits Of Insurance The
(b) You have agreed in writing in a contract following paragraph is added to paragraph 2:
or agreement that this insurance would The General Aggregate Limit under Section III
be primary and would not seek Limits of Insurance applies separately to each
contribution from any other insurance of your construction projects away from
available to the additional insured. premises owned by or rented to you.
Page 4 of 5 Includes copyrighted malefial of Insurance Services Office, Inc., CG 73 23 12 14
with its permission.
ACP 0I-003016967242 LTGR 15341 INSURED COPY 72 0003952

CO 7323 12 14
M. Medical Payments hazards or prior "occurrences" or offenses is
Under Section III — Limits 01 Insurance, not intentional. This provision does not
paragraph 7. is replaced with: affect our right to collect additional premium
or exercise our right of cancellation or non-
7. Subject to 5. above, the higher of: renewal.
a. $10.000; or P. Waiver Of Subrogation
b. The amount shown in the Declarations Under Section IV — Commercial General
for Medical Expense Limit is the most Liability Conditions, 8. Transfer of Rights of
we will pay under Coverage C for all Recovery Against Others to Us the following
medical expenses because of "bodily paragraph is added:
injury" sustained by one person.
If required by a written contract executed prior to
This coverage does not apply if Coverage C loss, we waive any right of subrogation we may
— Medical Payments is excluded either by have against the contracting person or
the provisions of any coverage forms organization because of payments we make for
attached to the policy or by endorsement. injury or damage arising out of your ongoing
N. Knowledge Of An Occurrence operations or 'your work" done under a contract
Under Section IV — Commercial General with that person or organization and included in
Liability Conditions. The following is added to the "products-completed operations hazards".
2. Duties In The Event Of Occurrence, Q. Liberalization
Offense, Claim Or Suit condition: Under Section IV — Commercial General
e. Knowledge of an occurrence, offense, claim Liability Conditions, 10. Liberalization the
or suit by an agent or employee of any following paragraph is added:
insured shall not in itself constitute If we revise this coverage form to provide more
knowledge of the insured unless you, a coverage without additional premium charge,
partner, if you are a partnership; or an your policy will automatically provide the
executive officer or insurance manager. if additional coverage as of the day the revision is
you are a corporation receives such notice effective in your state.
of an occurrence, offense, claim or suit from
the agent or employee. R. Broadened Bodily Injury Definition (Mental
I. The requirements in paragraph b. will not Anguish)
be considered breached unless there is Under Section V — Definitions definition 3. Is
knowledge of occurrence as outlined in replaced with:
paragraph e. above. 3. "Bodily injury" means physical injury,
0. Unintentional Failure To Disclose Hazard sickness or disease to a person and, if
Under Section IV — Commercial General arising out al the foregoing, mental anguish,
Liability Conditions, 6. Representations the menial injury, shock or humiliation, including
following paragraph is added: death at any time resulting therefrom.
d. Your failure to disclose all hazards or prior
"occurrences" or offenses existing as of the
inception date of the policy shall not
prejudice the coverage afforded by this
policy provided such failure to disclose all
All terms and conditions of this policy apply unless modified by this endorsement.
CG 73 23 12 14 Page 5 of 5
ACP OLD03016907242 LTOR 15341 INSURED COPY 72 0003053

COMMERCIAL AUTO
AC 01 02 03 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
A. CHANGES FOR TRAILERS AND FARM rental of a vehicle is an "insured" for Liability
EQUIPMENT Coverage, but only to the extent that person
or organization qualifies as an "insured" un-
1. Under the COVERED AUTOS SECTION, der the Who Is An Insured Provision con-
the following are added to Paragraph C. tained in the LIABILITY COVERAGE
Certain Trailers, Mobile Equipment and SECTION of the Coverage Form
Temporary Substitute Autos:
4. "Trailers" designed to be towed by a pri- D. REPLACED EXCLUSIONS
vate passenger type "auto" or a pickup, The Expected or Intended Injury Exclusion
panel truck or van if not used for busi- in the LIABILITY COVERAGE SECTION is
ness purposes, other than farming or replaced by the following:
ranching. Expected or Intended Injury
5. Farm wagons or farm implements while "Bodily injury" or "property damage" which is
being towed by a covered "auto". expected or intended by the "insured". This
B. CHANGES FOR ADDITIONAL NEWLY exclusion applies even if the resulting "bodi-
ACQUIRED VEHICLES ly injury" or "property damage":
2. Paragraph B.2 of the COVERED AUTOS a. is of a different kind, quality or degree
SECTION is replaced by the following: than initially expected or intended; or
2. If Symbol(s) 7 or 67 is entered next to b. is sustained by a different person, entity,
coverage in Item Two of the Declara- real property, or personal property than
tions, an "auto" you acquire will be a that initially expected or intended.
covered "auto" for that coverage only if: E. ADDITIONAL EXCLUSIONS
a. We already cover at least one "auto" The following exclusions are added to the
you own for that coverage or it rep- LIABILITY COVERAGE SECTION:
laces an "auto" you previously Damage to Named Insured's Property
owned that had that coverage; and
b. You tell us within 30 days after you Any claim or "suit" for "property damage" by
acquire it that you want us to cover you or on your behalf against any other per-
it for that coverage. son or entity that is also a Named Insured
under this policy.
The most we will pay for Physical Damage Abuse or Molestation
Coverage for "loss" under this Coverage Ex-
tension is $100,000 per "auto", subject to "Bodily injury" or "property damage" arising
the largest deductible applicable to any "au- out of:
to" for that Coverage. a. The actual or threatened abuse or
C. BLANKET ADDITIONAL INSURED molestation by anyone or any person
Any person or organization which you have while in the care, custody or control of
agreed to name as an additional insured in a any "insured", or
written contract, executed prior to an acci- b. The negligent:
dent, other than a contract for the lease or 1) Employment;
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with its permission.

AC 01 02 03 10
2) Investigation; This insurance does not apply to:
3) Supervision; a. "Loss" to the covered "auto's" contents,
4) Reporting to the proper authorities, except equipment usual to trucks or pri-
or failure to so report; or vate passenger "autos".
5) Retention; b. "Loss" to TV antennas, awnings or ca-
of a person for whom any "insured" is or banas.
ever was legally responsible and whose c. "Loss" to equipment designed to create
conduct would be excluded by Para- added living facilities.
graph a. above. However, these exclusions do not apply if
Abuse means an act which is committed Miscellaneous Personal Property Coverage
with the intent to cause harm. is provided by endorsement to this policy.
Explosives G. ACCIDENTAL AIRBAG DISCHARGE
"Bodily injury" or "property damage" caused COVERAGE
by the explosion of explosives you make, Under Paragraph B.3.a. of the PHYSICAL
sell or transport. DAMAGE SECTION, the following is added:
Rolling Stores Mechanical breakdown does not include the ac-
If a covered "auto" is a rolling store, "bodily cidental discharge of an airbag.
injury" or "property damage" resulting from H. PHYSICAL DAMAGE LIMIT OF INSURANCE
the handling, use or condition of any item Under PHYSICAL DAMAGE COVERAGE
the "insured" makes, sells or distributes if SECTION, Paragraph C., Limit of Insurance is
the injury or damage occurs after the "in- replaced by the following:
sured" has given up possession of the item. C. Limit Of Insurance
Wrong Delivery of Liquid Products 1. The most we will pay for "loss" in any
"Bodily injury" or "property damage" result- one "accident" is the lesser of:
ing from the delivery of any liquid into the a. The actual cash value of the damaged
wrong receptacle or to the wrong address, or stolen property as of the time of the
or from the delivery of one liquid for another, "loss", or
if the "bodily injury" or "property damage" b. The cost of repairing or replacing the
occurs after the delivery has been com- damaged or stolen property.
pleted.
Delivery is considered completed even if fur- 2. $1,000 is the most we will pay for "loss" in
ther service or maintenance work, or correc- any one "accident" to all electronic equip-
tion, repair or replacement is required be- ment that reproduces, receives or transmits
cause of wrong delivery. audio, visual or data signals which, at the
time of 'loss", is:
Professional Services a. Permanently installed in or upon the
"Bodily injury": covered "auto" in a housing, opening or
a. Resulting from the providing or the fail- other location that is not normally used
ure to provide any medical or other pro- by the "auto" manufacturer for the instal-
fessional services. lation of such equipment.
b. Resulting from food or drink furnished b. Removable from a permanently installed
with these services. housing unit as described in Paragraph
"Bodily injury" or "property damage" result- 2.a. above or is an integral part of that
ing from the handling of corpses. equipment; or
F. MOTOR HOME CONTENTS COVERAGE c. An integral part of such equipment.
1. For a covered "auto" that is a motor home 3. An adjustment for depreciation and physical
the following exclusions are added to the condition will be made in determining actual
PHYSICAL DAMAGE COVERAGE cash value in the event of a total "loss".
SECTION:
Motor Home Contents
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with its permission.

AC 01 02 03 10
4. The cost of repairing or replacing may: 4. A member, if you are a limited liability corn-
a. Be based on an estimate which includes pany.
parts furnished by the original equip- K. UNINTENTIONAL FAILURE TO DISCLOSE
ment manufacturer or other sources in- HAZARDS
cluding non-original equipment manu- The BUSINESS AUTO CONDITIONS SECTION
facturers and and MOTOR CARRIER CONDITIONS
b. Include a deduction for betterment for a SECTION— B.2. are amended by the addition of
part or parts that are normally subject to the following:
repair or replacement during the useful If you unintentionally fail to disclose any hazards
life of the "auto", such as, but not limited existing at the inception date of your policy, we
to tires and batteries. will not deny coverage under this Coverage
Betterment means the difference be- Form because of such failure. However, this
tween the actual cash value of a part provision does not affect our right to collect addi-
immediately before the "loss" and the tional premium or exercise our right of cancella-
cost to replace that part with a new part. tion or nonrenewal.
5. If we offer to pay the actual cash value of L. AUTOS HIRED OR RENTED BY
the damaged or stolen property, we will val- EMPLOYEES
ue auto advertising wraps, paint customiza- If hired or rented "autos" are covered "autos" on
tion, and similar business related advertising this policy, the following provisions apply:
modifications, in addition to the actual cash A. Changes In Liability Coverage
value of the property. Auto advertising The following is added to the Who Is An In-
wraps, paint customization, and similar sured Provision in the LIABILITY
business related advertising modifications COVERAGE SECTION:
will be valued at the cost to replace them
with an adjustment made for depreciation An "employee" of yours is an "insured" while
and physical condition. operating an "auto" hired or rented under a
I. GLASS REPAIR —WAIVER OF DEDUCTIBLE contract or agreement in that "employee's"
Under Paragraph D. Deductible of the name, with your permission, while performing
PHYSICAL DAMAGE COVERAGE SECTION, duties related to the conduct of your busi-
ness.
the following is added:
No deductible applies to glass damage if the B. Changes In General Conditions
glass is repaired rather than replaced. Paragraph 5k of the Other Insurance
J. AMENDED DUTIES IN EVENT OF ACCIDENT, Condition in the Business Auto Coverage
CLAIM, SUIT, OR LOSS Form and Paragraph 5.f.of the Other Insur-
ance Condition in the Motor Carrier Cover-
The requirement in Loss Condition 2.a. Duties In age Form are replaced by the following:
the Event Of Accident, Claim, Suit Or Loss — of
the BUSINESS AUTO CONDITIONS SECTION For Hired Auto Physical Damage Coverage,
and the MOTOR CARRIER CONDITIONS the following are deemed to be covered "au-
SECTION that you must notify us of an "acci- tos" you own:
dent', "claim", "suit", or "loss" applies only when 1. Any covered "auto" you lease, hire, rent
the "accident", "claim', "suit', or "loss" is known or borrow; and
to 2. Any covered "auto" hired or rented by
1. You, if you are an individual your "employee" under a contract in that
2. A partner, if you are a partnership; individual "employee's" name, with your
permission, while performing duties re-
3. An executive officer or the employee desig- lated to the conduct of your business.
nated by you to give such notice if you are a However, any "auto" that is leased, hired,
corporation; or
rented or borrowed with a driver is not a
covered "auto".
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with its permission.

AC 01 02 03 10
M. EMERGENCY LOCKOUT — PRIVATE 3. Original copies of receipts for services of a
PASSENGER VEHICLES locksmith must be provided before reim-
We will reimburse you up to $50 for reasonable burse merit is payable.
expense incurred for the services of a locksmith N. LIBERALIZATION
to gain entry into your covered "auto" of the pri- Paragraph 3, of the General Conditions is re-
vate passenger type subject to these provisions: placed by the following:
1. Your door key or key entry pad has been If we adopt any revision that would broaden the
lost, stolen or locked in your covered "auto" coverage under this policy without additional
and you are unable to enter such "auto", or premium within 60 days prior to or during the
2. Your key or key entry pad has been lost or policy period, the broadened coverage will im-
stolen and you have changed the lock to mediately apply to this policy.
prevent an unauthorized entry; and
All terms and conditions of this policy apply unless modified by this endorsement.
Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10
with its permission.

COMMERCIAL AUTO
AC 01 01A 03 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO ADVANTAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
A. NEWLY ACQUIRED OR FORMED ENTITIES d, Any "employee" of yours is an "insured"
The Named Insured shown in the Declarations while using a covered "auto" you don't
is amended to include any organization you own, hire or borrow in your business or
newly acquire or form, other than a partnership, your personal affairs.
joint venture, or limited liability company, and D. SUPPLEMENTARY PAYMENTS — BAIL
over which you maintain ownership or majority BONDS
(more than 50%) interest; if there is no other Paragraph A.2.a. (2) of the LIABILITY
similar insurance available to that organization. COVERAGE SECTION is revised as follows:
Coverage under this provision is afforded until (2) Up to $2,500 for cost of bail bonds (in-
the 180m day after you acquire or form the or-
ganization or the end of the policy period, whi- cluding bonds for related traffic law vi-
chever is later. olations) required because of an "acci-
dent" we cover. We do not have to
B. TEMPORARY SUBSTITUTE AUTOS — furnish these bonds.
PHYSICAL DAMAGE COVERAGE E. SUPPLEMENTARY PAYMENTS — LOSS OF
The following is added to paragraph C. Certain EARNINGS
Trailers, Mobile Equipment And Temporary Paragraph A.2.a.(4) of the LIABILITY
Substitute Autos of the — COVERED AUTOS COVERAGE SECTION is revised as follows:
SECTION:
If Physical Damage Coverage is provided by (4) All reasonable expenses incurred by the "in-
this Coverage Form, the following types of sured" at our request, including actual loss
vehicles are also covered "autos" for Physi- of earnings up to $500 a day because of
cal Damage Coverage: time off from work.
Any "auto" you do not own while used with F. FELLOW EMPLOYEE — OFFICERS,
the permission of its owner as a temporary MANAGERS, AND SUPERVISORS
substitute for a covered "auto" you own that Paragraph B.5.A. Fellow Employee in the
is out of service because of its: LIABILITY COVERAGE SECTION is replaced
a. Breakdown; as follows;
b. Repair, A. "Bodily injury" to any fellow "employee" of
the "insured" arising out of and in the course
c. Servicing; of the fellow "employee's" employment or
d. "Loss"; or while performing duties related to the con-
e. Destruction duct of your business. This exclusion does
The coverage that applies is the same as not apply to an "insured" who occupies a
the coverage provided for the vehicle being position as an officer, manager, or supervi-
replaced. sor.
C. EMPLOYEES AS INSUREDS — NONOWNED G. PERSONAL EFFECTS AND PROPERTY OF
AUTOS OTHERS EXTENSION
The following is added to paragraph A.1. Who Is 1. Paragraph B.6. Care, Custody or Control of
An Insured of the LIABILITY COVERAGE the LIABILITY COVERAGE SECTION, does
SECTION: not apply to "property damage" to property,
other than your property, up to an amount
AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3
with its permission

AC 01 01A 03 10
not exceeding $250 in any one "accident". 2) Financial penalties imposed under a
Coverage is excess over any other valid and lease for excessive use, abnormal
collectible insurance. wear and tear or high mileage;
2. The following paragraph is added to A.4. 3) Security deposits not refunded by a
Coverage Extensions of the — PHYSICAL lessor;
DAMAGE COVERAGE SECTION: 4) Costs of extended warranties, Cre-
c. We will pay up to $500 for your property dit Life insurance, Health, Accident,
that is lost or damaged as a result of a or Disability insurance purchased
covered "loss", without applying a de- with the lease; and
ductible. Coverage is excess over any 5) Carry-over balances from previous
other valid and collectible insurance. leases.
H. HIRED AUTO PHYSICAL DAMAGE 2. This coverage only applies to a "loss" which
If covered "auto" designation symbols 1,8,61 or is also covered under this policy for Com-
68 apply to Liability Coverage and if at least one prehensive, Specified Causes of Loss, or
"auto" you own is covered by this policy for Collision coverage.
Comprehensive, Specified Causes of Loss, or 3. Coverage does not apply to any unpaid
Collision coverages, then the Physical Damage amount due on a loan for which the covered
coverages provided are extended to "autos" you "auto" is not the sole collateral.
lease, hire, rent or borrow without a driver; and K. RENTAL REIMBURSEMENT COVERAGE
provisions in the Business Auto Coverage Form
applicable to Hired Auto Physical Damage ap- 1. This coverage applies only to a covered "au-
ply. The deductible will be equal to the largest to" for which Physical Damage Coverage is
deductible applicable to any owned "auto" for provided on this policy.
that coverage. Any Comprehensive deductible 2. We will pay for rental reimbursement ex-
does not apply to fire or lightning. penses incurred by you for the rental of an
I. EXPANDED TOWING COVERAGE "auto" because of "loss" to a covered "auto".
We will pay up to: Payment applies in addition to the otherwise
applicable amount of each coverage you
1. $100 for a covered "auto" you own of the have on a covered "auto." No deductibles
private passenger type, or apply to this coverage.
2. $250 for a covered "auto" you own that is 3. We will pay only for those expenses in-
not of the private passenger type, curred during the policy period beginning 24
for towing and labor costs incurred each time hours after the "loss" and ending, regardless
the covered "auto" is disabled. However, the la- of the policy's expiration, with the lesser of
bor must be performed at the place of disable- the following number of days:
ment a. The number of days reasonably re-
This coverage applies only for an "auto" covered quired to repair or replace the covered
on this policy for Comprehensive or Specified "auto". If "loss" is caused by theft, this
Causes of Loss Coverage and Collision Cove- number of days is added to the number
rages. of days it takes to locate the covered
J. AUTO LOAN OR LEASE COVERAGE "auto" and return it to you.
1. In the event of a total "loss" to a covered b. The number of days shown in the Sche-
"auto", we will pay any unpaid amount due dule.
on the loan or lease, including up to a max- 4. Our payment is limited to the lesser of the
imum of $500 for early termination fees or following amounts:
penalties, for your covered "auto" less: 1. Necessary and actual expenses in-
a. The amount paid under the - PHYSICAL curred.
DAMAGE COVERAGE SECTION of this 2. $75 for any one day or for a maximum
policy; and of 30 days.
b. Any: 5. This coverage does not apply while there
1) Overdue lease/loan payments at the are spare or reserve "autos" available to you
time of the "loss"; for your operations.
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with its permission.

AC 01 01A 03 10
6. If "loss" results from the total theft of a cov- 5. The provisions of paragraphs tend 3. do
ered "auto" of the private passenger type, not apply to a covered 'auto" of the private
we will pay under this coverage only that passenger type or a vehicle with a gross ve-
amount of your rental reimbursement ex- hicle weight of 20,000 pounds or less which
penses which is not already provided for is a new vehicle.
under the PHYSICAL DAMAGE In the event of a total "loss" to your new ve-
COVERAGE Coverage Extension. hicle to which this coverage applies, we will
7. Coverage does not apply to any covered pay at your option:
"auto" for which coverage is provided by en- a. The verifiable new vehicle purchase
dorsement form CA9923 on this policy. price you paid for your damaged ve-
hicle, not including any insurance or
L. EXPANDED TRANSPORTATION EXPENSE warranties purchased;
Paragraph A.4.a. of the PHYSICAL DAMAGE b. if it is available, the purchase price, as
COVERAGE SECTION is replaced by the fol- negotiated by us, of a new vehicle of the
lowing: same make, model, and equipment or
We will pay up to $50 per day to a maximum of the most similar model available, not in-
$1000 for temporary transportation expense in- cluding any furnishings, parts, or equip-
curred by you because of the total theft of a ment not installed by the manufacturer
covered "auto" of the private passenger type. or manufacturers' dealership; or.
We will only pay for those covered "autos" for c. The market value of your damaged ve-
which you carry Comprehensive or Specified hicle, not including any furnishings,
Causes of Loss Coverage. We will pay for tem- parts, or equipment not installed by the
porary transportation expenses incurred during manufacturer or manufacturer's dealer-
the period beginning 48 hours after the theft and ship.
ending, regardless of the policy's expiration, We will not pay for initiation or set up costs
when the covered "auto" is returned to us or we associated with loans or leases
pay for its "loss". In this endorsement, a new vehicle means
M. EXTRA EXPENSE — STOLEN AUTOS an "auto" of which you are the original owner
The following paragraph is added to Section that has not been previously titled and which
A.4. of the — PHYSICAL DAMAGE COVERAGE you purchased less than 365 days before
SECTION: the date of the "loss".
c. We will pay for up to $5,000 for the expense 0. BLANKET WAIVER OF SUBROGATION
of returning a stolen covered "auto" to you. The following is added to paragraph 5. Transfer
We will pay only for those covered "autos" Of Rights Of Recovery Against Others To Us of
for which you carry Comprehensive or Spe- — BUSINESS AUTO and MOTOR CARRIER
cified Causes of Loss Coverage CONDITIONS SECTIONS:
N. NEW VEHICLE REPLACEMENT COST We waive any right of recovery we may have
The following is added to paragraph C.Limit of against any person or organization to the extent
Insurance of the PHYSICAL DAMAGE required of you by a written contract executed
COVERAGE SECTION: prior to any "accident" because of payments we
make for damages under this coverage form.
All terms and conditions of this policy apply unless modified by this endorsement.
AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3
with its permission

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A
WRITTEN CONTRACT WHERE A CONDITION OF THIS CONTRACT REQUIRES
YOU TO OBTAIN THIS AGREEMENT.
THIS ENDORSEMENT IS EFFECTIVE ONLY WHERE PERMITTED BY
STATUTE OR REGULATION.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No.
Insured Premium
Insurance Company Countersigned by
WC 00 03 13
iEd. 04-84)
18 1983 Notional Council on Compensation Insurance.
ACP WCA 3016907242 L7DC INSUREDS COPY 72 0004055