171012-SIGNED CONTRACT.PDF

CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)
East Court Building 9th Floor Improvements
Office of Procurement Services
Serial # 171012-DBB
Contract # 171012-DBB
C-
Project # 171012-DBB
Facilities Management Department
MARICOPA COUNTY, ARIZONA

CONTRACT AGREEMENT
THIS AGREEMENT, is made and entered into this day of , 2016, by and
between MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
Caliente Construction. Inc. hereinafter referred to as CONTRACTOR.
The CONTRACTOR, for and in the consideration of the sum of:
Two Million. Seven Hundred Ninety-Eight Thousand Dollars and No Cents ($2.798.000.00)
Unit prices, are as follows:
Bid Amount: $2,690,000.00
Alternate No I: $85,000.00
Alternate No2: $23,000.00
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 # I71012-DBB, East Court
Building 9th Floor Improvements, 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 195 days from the date of commencement subject to adjustments to the
Contract Time as provided for herein. Final Completion shall be achieved in 90 days after Substantial
Completion, subject to adjustments to the Contract Time as provided for herein.
East Court Building 9th Floor Improvements Serial # I71012-DBB
Request for Bids - Design Bid Build Pg. # 2

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:
X are o are not
provided for in this Contract, as explained in the General Conditions to this Contract. Liquidated
damages have been agreed as being appropriate as follows:
$750.00 per day for a tardy Substantial Completion, and
$750.00 per day for a tardy Final Completion.
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.
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 Construction Project Manager may order the
CONTRACTOR, in writing, to suspend, delay, or interrupt all or any part of the work of this Contract
-
East Court Building 9th Floor Improvements Serial # 17 1012-DBB
Request for Bids - Design Bid Build Pg. # 3

for the period of time that the Construction Project Manager 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 Construction Project Manager in the administration of this
Contract, or (2) by the Construction Project Manager'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 Construction
Project Manager 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;
(3) The COUNTY retains the legal right to inspect the papers of any CONTRACTOR 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.
East Court Building 9th Floor Improvements Serial # 171012-DBB
Request for Bids - Design Bid Build Pg. # 4

ARTICLE XIII - SBE PROGRAM: It is Maricopa County's policy to endeavor to ensure in every way
possible that small business participation finns 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 KV - ANTI-DISCRIMINATION PROVISION: CONTRACTOR 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.govklms/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 MCI -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, gamer
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 XVH — 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 bid the Contractor certifies that they are in
compliance with Article 9, Arizona Revised Statutes Section 35-393 et. seq..
East Court Building 9th Floor Improvements Serial # I71012-DBB
Request for Bids - Design Bid Build Pg. # 5

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.
East Court Building 9th Floor Improvements
171012-DBB
09/21/16
Date
86-0697201
Federal Tax Identification Number
President/CEO ROC 091625
Title Arizona CMR's License Number
Net 21 90924
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:
East Court Building 9th Floor Improvements Serial # 171012-DBB
Request for Bids - Design Bid Build Pg. # 6

DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
9/20/2016
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 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: Certificates
INSURICA / Minard-Ames Insurance Services LLC PHONE 602-273-1625 FAX 602-273-0212
4646 E. Van Buren St., #200 (A/C, No, Ext): (A/C, No):
Phoenix AZ 85008 E-MAIL ADDRESS: certs@INSURICA.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : The Cincinnati Insurance Company 10677
INSURED CALICON02C INSURER B : Westchester Fire Insurance Co. 10030
Caliente Construction, Inc. INSURER C : The Cincinnati Casualty Company 28665
485 W. Vaughn Street INSURER D : Hanover Insurance Company 22292
Tempe AZ 85283
INSURER E : Indian Harbor Insurance Co. 36940
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1891351423 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/DD/YYYY) POLICY EFF (MM/DD/YYYY) POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY Y Y CPP1093935 10/1/2015 10/1/2016 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 500,000
X $5,000 PD Ded MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY Y Y CPA1093935 10/1/2015 10/1/2016 COMBINED (Ea accident) SINGLE LIMIT $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
ALL AUTOS OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $
X HIRED AUTOS X NON-OWNED AUTOS PROPERTY (Per accident) DAMAGE $
$
B UMBRELLA LIAB X OCCUR Y Y G27905365001 10/1/2015 10/1/2016 EACH OCCURRENCE $ 10,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000
DED RETENTION $ $
C WORKERS COMPENSATION Y WC212800900 10/1/2015 10/1/2016 X PER STATUTE OTH- ER
AND EMPLOYERS' LIABILITY Y / N
ANY OFFICER/MEMBER PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? N 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
D ***Builders Risk - see below IH4A10982801 10/1/2015 10/1/2016 Builders Risk Limit **$15,000,000
E Professional/*Pollution Liab Y Y CEO7446033 6/12/2016 6/12/2017 Prof-Claims Made/Agg $1M / $2M
Self Insd Retention: $25,000 Pollution SEE BELOW
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
**Builders Risk: Temporary Loc/Transit - Limit: $250,000 / Includes Quake/Flood - Limit: $5,000,000 ~
Ded: $25,000. **Builders Risk Sublimits ~ Frame Construction: $5,000,000; Joisted Masonry Construction:
$7,500,000; Noncombustible Construction: $15,000,000; All Other Types of Construction: $15,000,000.
***Failure by the insured to report builders risk on a monthly basis may Void coverage. *POLLUTION
LIABILITY LIMITS - Includes Mold Coverage: Each Pollution Condition: $5,000,000; Coverage Aggregate
Limit: $10,000,000 ~ Self-Insured Retention: $10,000. Certificate Holder is defined as additional
See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Maricopa County Facilities Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
401 W. Jefferson ACCORDANCE WITH THE POLICY PROVISIONS.
Phoenix AZ 85003
AUTHORIZED REPRESENTATIVE
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD

AGENCY CUSTOMER ID: CALICON02C
LOC #:
ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY NAMED INSURED
INSURICA / Minard-Ames Insurance Services LLC Caliente Construction, Inc.
485 W. Vaughn Street
POLICY NUMBER Tempe AZ 85283
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
insured with respects to the general, auto and excess liability if required or agreed to in a written
contract subject to all provisions and limitations of the policy. General Liability coverage is primary
and non-contributory. A Waiver of subrogation in favor of Certificate Holder applies to the general,
auto and excess liability and employers liability/workers compensation if required or agreed to in a
written contract subject to all provisions and limitation of the policy. Per attached forms: GA233AZ
09/09; GA4316AZ 09/09; AA4171 11/05; GA4094 10/01; AA4172 09/09; WC000313; KLD051 01/13.
Maricopa County East Court 9th Floor Improvements Contract#171012-DBB
Additional Insured- Maricopa County
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD

Policy No: CPP1093935
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement - Table of Contents:
Coverage: Begins on Page:
1. Employee Benefit Liability Coverage 2
2. Unintentional Failure to Disclose Hazards 7
3. Damage to Premises Rented to You 8
4. Supplementary Payments 9
5. Medical Payments 9
6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control
Liability Coverage (Coverage b.) 9
7. 180 Day Coverage for Newly Formed or Acquired Organizations 10
8. Waiver of Subrogation 10
9. Automatic Additional Insured - Specified Relationships: 10
• Managers or Lessors of Premises;
• Lessor of Leased Equipment;
• Vendors;
• State or Political Subdivisions - Permits Relating to Premises;
• State or Political Subdivisions - Permits; and
• Contractors' Operations
10. Broadened Contractual Liability - Work Within 50' of Railroad Property 13
11. Property Damage to Borrowed Equipment 13
12. Employees as Insureds - Specified Health Care Services: 14
• Nurses;
• Emergency Medical Technicians; and
• Paramedics
13. Broadened Notice of Occurrence 14
B. Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000
Aggregate Limit: $ 3,000,000
Deductible: 1,000
3. Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Limit shown in the Declarations; or
b. $500,000 unless otherwise stated $
4. Supplementary Payments
a. Bail bonds: $ 1,000
b. Loss of earnings: $ 350
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 1 of 14

b. Deductible Clause 9. Automatic Additional Insured - Speci-
fied Relationships
(1) Our obligation to pay damages
on your behalf applies only to a. The following is hereby added to
the amount of damages for each SECTION II - WHO IS AN INSURED:
"occurrence" which are in ex-
cess of the deductible amount (1) Any person or organization de-
stated in Section B. Limits of scribed in Paragraph 9.a.(2)
Insurance, 6. Voluntary Prop- below (hereinafter referred to as
erty Damage and Care, Cus- additional insured) whom you
tody or Control Liability Cov- are required to add as an addi-
erage of this endorsement. The tional insured under this Cover-
limits of insurance will not be re- age Part by reason of:
duced by the application of such (a) A written contract or
deductible amount. agreement; or
(2) Condition 2. Duties in the Event (b) An oral agreement or con-
of Occurrence, Offense, Claim tract where a certificate of
or Suit, applies to each claim or insurance showing that per-
"suit" irrespective of the amount. son or organization as an
(3) We may pay any part or all of additional insured has been
the deductible amount to effect issued,
settlement of any claim or "suit" is an insured, provided:
and, upon notification of the ac-
tion taken, you shall promptly (a) The written or oral contract
reimburse us for such part of the or agreement is:
deductible amount as has been
paid by us. 1) Currently in effect or
becomes effective
7. 180 Day Coverage for Newly Formed or during the policy pe-
Acquired Organizations riod; and
SECTION ll - WHO IS AN INSURED is 2) Executed prior to an
amended as follows: "occurrence" or offense
to which this insurance
Subparagraph a. of Paragraph 4. is would apply; and
hereby deleted and replaced by the fol-
lowing: (b) They are not specifically
named as an additional in-
a. Insurance under this provision is af- sured under any other pro-
forded only until the 180th day after vision of, or endorsement
you acquire or form the organization added to, this Coverage
or the end of the policy period, Part.
whichever is earlier;
(2) Only the following persons or
8. Waiver of Subrogation organizations are additional in-
SECTION IV - COMMERCIAL GENERAL sureds under this endorsement,
LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro-
Rights of Recovery Against Others to vided to such additional in-
Us is hereby amended by the addition of sureds is limited as provided
the following: herein:
We waive any right of recovery we may (a) The manager or lessor of a
have because of payments we make for premises leased to you with
injury or damage arising out of your on- whom you have agreed per
going operations or "your work" done un- Paragraph 9.a.(1) above to
der a written contract requiring such provide insurance, but only
waiver with that person or organization with respect to liability aris-
and included in the "products-completed ing out of the ownership,
operations hazard". However, our rights maintenance or use of that
may only be waived prior to the "occur- part of a premises leased to
rence" giving rise to the injury or damage you, subject to the following
for which we make payment under this additional exclusions:
Coverage Part. The insured must do This insurance does not
nothing after a loss to impair our rights. At apply to:
our request, the insured will bring "suit" or
transfer those rights to us and help us 1) Any "occurrence"
enforce those rights. which takes place after
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 10 of 14

you cease to be a ten- c) Any physical or
ant in that premises. chemical change
in the product
2) Structural alterations, made intentionally
new construction or by the vendor;
demolition operations
performed by or on be- d) Repackaging, un-
half of such additional less unpacked
insured. solely for the pur-
pose of inspection,
(b) Any person or organization demonstration,
from which you lease testing, or the
equipment with whom you substitution of
have agreed per Paragraph parts under in-
9.a.(1) above to provide in- structions from the
surance. Such person(s) or manufacturer, and
organization(s) are insureds then repackaged
solely with respect to their in the original
liability arising out of the container;
maintenance, operation or
use by you of equipment e) Any failure to
leased to you by such per- make such in-
son(s) or organization(s). spections, adjust-
However, this insurance ments, tests or
does not apply to any "oc- servicing as the
currence" which takes place vendor has
after the equipment lease agreed to make or
expires. normally under-
takes to make in
(c) Any person or organization the usual course
(referred to below as ven- of business, in
dor) with whom you have connection with
agreed per Paragraph the distribution or
9.a.(1) above to provide in- sale of the prod-
surance, but only with re- ucts;
spect to "bodily injury" or
"property damage" arising f) Demonstration, in-
out of "your products" which stallation, servic-
are distributed or sold in the ing or repair op-
regular course of the ven- erations, except
dor's business, subject to such operations
the following additional ex- performed at the
clusions: vendor's premises
in connection with
1) The insurance afforded the sale of the
the vendor does not product;
apply to:
g) Products which,
a) "Bodily injury" or after distribution or
"property damage" sale by you, have
for which the ven- been labeled or
dor is obligated to relabeled or used
pay damages by as a container,
reason of the as- part or ingredient
sumption of liabil- of any other thing
ity in a contract or or substance by or
agreement. This for the vendor.
exclusion does not
apply to liability for 2) This insurance does
damages that the not apply to any in-
vendor would sured person or or-
have in the ab- ganization:
sence of the con-
tract or agree- a) From whom you
ment; have acquired
such products, or
b) Any express war- any ingredient,
ranty unauthorized part or container,
by you; entering into, ac-
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 11 of 14

companying or 2) This insurance does
containing such not apply to "bodily in-
products; or jury', "property dam-
age" or "personal and
b) When liability in- advertising injury" aris-
cluded within the ing out of operations
"products- performed for the state
completed opera- or political subdivision.
tions hazard" has
been excluded (f) Any person or organization
under this Cover- with which you have agreed
age Part with re- per Paragraph 9.a.(1)
spect to such above to provide insurance,
products. but only with respect to li-
ability caused, in whole or in
(d) Any state or political subdi- part, by your ongoing op-
vision with which you have erations performed for that
agreed per Paragraph additional insured by you or
9.a.(1) above to provide in- on your behalf. A person or
surance, subject to the fol- organization's status as an
lowing additional provision: insured under this provision
This insurance applies only of this endorsement ends
with respect to the following when your operations for
hazards for which the state that insured are completed.
or political subdivision has (3) Any insurance provided to an
issued a permit in connec- additional insured designated
tion with premises you own, under Paragraph 9.a.(2):
rent or control and to which
this insurance applies: (a) Subparagraphs (e) and (f)
does not apply to "bodily
1) The existence, mainte- injury" or "property damage"
nance, repair, con- included within the "prod-
struction, erection, or ucts-completed operations
removal of advertising hazard";
signs, awnings, cano-
pies, cellar entrances, (b) Subparagraphs (a), (b), (d)
coal holes, driveways, and (e) does not apply to
manholes, marquees, "bodily injury', "property
hoist away openings, damage" or "personal and
sidewalk vaults, street advertising injury" arising
banners, or decora- out of the sole negligence
tions and similar expo- or willful misconduct of the
sures; or additional insured or their
agents, "employees" or any
2) The construction, erec- other representative of the
tion, or removal of ele- additional insured; or
vators; or
(c) Subparagraph (f) does not
3) The ownership, main- apply to "bodily injury',
tenance, or use of any "property damage" or "per-
elevators covered by sonal and advertising injury"
this insurance. arising out of:
(e) Any state or political subdi- 1) The rendering of or
vision with which you have failure to render any
agreed per Paragraph professional services
9.a.(1) above to provide in- by you or on your be-
surance, subject to the fol- half, but only with re-
lowing provisions: spect to either or both
1) This insurance applies of the following opera-
only with respect to op- tions:
erations performed by a) Providing engi-
you or on your behalf neering, architec-
for which the state or tural or surveying
political subdivision has services to others;
issued a permit.
and
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 12 of 14

b) Providing or hiring plicable to the additional insured are
independent pro- those specified in the Declarations of
fessionals to pro- this Coverage Part. The limits of in-
vide engineering, surance are inclusive of and not in
architectural or addition to the limits of insurance
surveying services shown in the Declarations.
in connection with c. SECTION IV - COMMERCIAL GEN-
the construction ERAL LIABILITY CONDITIONS, 5.
work you perform. Other Insurance is hereby amended
as follows:
Subject to the final
paragraph of this ex- Any insurance provided by this en-
clusion below, profes- dorsement shall be primary to other
sional services include: insurance available to the additional
insured except:
a) Preparing, ap-
proving or failing (1) As otherwise provided in SEC-
to prepare or ap- TION IV - COMMERCIAL GEN-
prove, maps, shop ERAL LIABILITY CONDITIONS,
drawings, opin- 5. Other Insurance, b. Excess
ions, reports, sur- Insurance; or
veys, field orders,
change orders or (2) For any other valid and collecti-
drawings and ble insurance available to the
specifications; and additional insured as an addi-
tional insured by attachment of
b) Supervisory or in- an endorsement to another in-
spection activities surance policy that is written on
performed as a an excess basis. In such case,
part of any archi- the coverage provided under
tectural or engi- this endorsement shall also be
neering activities. excess.
Professional services 10. Broadened Contractual Liability - Work
do not include services Within 50' of Railroad Property
within construction It is hereby agreed that Paragraph f.(1) of
means, methods, tech- Definition 12. "Insured contract" (SEC-
niques, sequences and TION V - DEFINITIONS) is deleted.
procedures employed
by you in connection 11. Property Damage to Borrowed Equip-
with construction work ment
you perform. a. The following is hereby added to Ex-
2) "Your work" for which a clusion j. Damage to Property of
consolidated (wrap-up) Paragraph 2., Exclusions of SEC-
insurance program has TION I - COVERAGES, COVERAGE
been provided by the A. BODILY INJURY AND PROP-
prime contractor- ERTY DAMAGE LIABILITY:
project manager or Paragraphs (3) and (4) of this exclu-
owner of the construc- sion do not apply to tools or equip-
tion project in which ment loaned to you, provided they
you are involved. are not being used to perform opera-
b. Only with regard to insurance pro- tions at the time of loss.
vided to an additional insured desig- b. With respect to the insurance pro-
nated under Paragraph 9.a.(2) Sub- vided by this section of the en-
paragraph (f) above, SECTION III - dorsement, the following additional
LIMITS OF INSURANCE is amended provisions apply:
to include:
The limits applicable to the additional (1) The Limits of insurance shown
insured are those specified in the in the Declarations are replaced
written contract or agreement or in by the limits designated in Sec-
the Declarations of this Coverage tion B. Limits of Insurance, 11.
Part, whichever are less. If no limits of this endorsement with respect
are specified in the written contract to coverage provided by this
or agreement, or if there is no written endorsement. These limits are
contract or agreement, the limits ap- inclusive of and not in addition to
the limits being replaced. The
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 13 of 14

Limits of Insurance shown in 12. Employees as Insureds - Specified
Section B. Limits of Insurance, Health Care Services
11. of this endorsement fix the
most we will pay in any one "oc- It is hereby agreed that Paragraph
currence" regardless of the 2.a.(1)(d) of SECTION ll - WHO IS AN
number of: INSURED, does not apply to your "em-
ployees" who provide professional health
(a) Insureds; care services on your behalf as duly li-
censed:
(b) Claims made or "suits"
brought; or a. Nurses;
(c) Persons or organizations b. Emergency Medical Technicians; or
making claims or bring
"suits". c. Paramedics,
(2) Deductible Clause in the jurisdiction where an "occurrence"
or offense to which this insurance applies
(a) Our obligation to pay dam- takes place.
ages on your behalf applies
only to the amount of dam- 13. Broadened Notice of Occurrence
ages for each "occurrence" Paragraph a. of Condition 2. Duties in
which are in excess of the the Event of Occurrence, Offense,
Deductible amount stated in Claim or Suit (SECTION IV - COMMER-
Section B. Limits of Insur- CIAL GENERAL LIABILITY CONDI-
ance, 11. of this endorse- TIONS) is hereby deleted and replaced
ment. The limits of insur- by the following:
ance will not be reduced by
the application of such De- a. You must see to it that we are noti-
ductible amount. fied as soon as practicable of an
"occurrence" or an offense which
(b) Condition 2. Duties in the may result in a claim. To the extent
Event of Occurrence, Of- possible, notice should include:
fense, Claim or Suit, ap-
plies to each claim or "suit" (1) How, when and where the "oc-
irrespective of the amount. currence" or offense took place;
(c) We may pay any part or all (2) The names and addresses of
of the deductible amount to any injured persons and wit-
effect settlement of any nesses; and
claim or "suit" and, upon
notification of the action (3) The nature and location of any
taken, you shall promptly injury or damage arising out of
reimburse us for such part the "occurrence" or offense.
of the deductible amount as This requirement applies only when
has been paid by us. the "occurrence" or offense is known
to an "authorized representative".
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 14 of 14

Policy No: CPP1093935
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARIZONA AUTOMATIC ADDITIONAL INSURED - WHEN
REQUIRED IN CONTRACT OR AGREEMENT WITH YOU -
COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION ll - WHO IS AN INSURED, 2. is clusions of SECTION I - COVERAGES,
amended to include: COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, this insur-
e. Any person or organization, hereinafter ance does not apply to "bodily injury" or
referred to as Additional Insured: "property damage" arising out of:
(1) Who or which is not specifically 1. The rendering of or failure to render any
named as an additional insured un- professional services by you or on your
der any other provision of, or en- behalf, but only with respect to either or
dorsement added to, this Coverage both of the following operations:
Part; and
a. Providing engineering, architectural
(2) For whom you are required to add as or surveying services to others; and
an additional insured, except any ar-
chitect, engineer or surveyor, on a b. Providing or hiring independent pro-
completed operations basis on this fessionals to provide engineering,
Coverage Part architectural or surveying services in
connection with the construction
under a written contract or written agree- work you perform.
ment:
Subject to the final paragraph of this ex-
(1) But only with respect to liability clusion below, professional services in-
caused, in whole or in part, by your clude:
work" performed for that additional
insured by you or on your behalf; a. Preparing, approving or failing to
and prepare or approve, maps, shop
drawings, opinions, reports, surveys,
(2) If the written contract or written field orders, change orders, or
agreement specifies coverage for drawings and specifications; and
the additional insured in the "prod-
ucts-completed operation hazard". b. Supervisory or inspection activities
performed as a part of any architec-
With respect to the person(s) or organiza- tural or engineering activities.
tion(s) referenced in Paragraph A.2.e. above,
their status as an additional insured under this Professional services do not include
endorsement will not apply beyond the period services within construction means,
of time required in that written construction methods, techniques, sequences and
contract or agreement referred to in Para- procedures employed by you in connec-
graph A.2.e. above. If that written construction tion with construction work you perform.
contract or agreement does not specify a pe-
riod of time, this coverage will not apply be- 2. "Your work" for which a consolidated
yond 1 year from the completion of your (wrap-up) insurance program has been
work" where the work that caused the "bodily provided by the prime contractor / project
injury" or "property damage" occurred. "Your manager or owner of the construction
work" will be deemed completed as specified project in which you are involved.
in Paragraph a.(2) of SECTION V - DEFINI- 3. "Bodily injury" or "property damage" aris-
TIONS, 19. "Products-completed operations ing out of "residential construction".
hazard".
B. With respect to the additional insureds refer-
enced in Paragraph A.2.e. above, the follow-
ing exclusion is added to Paragraph 2. Ex-
Includes copyrighted material of ISO
GA 4316 AZ 09 09 Properties, Inc., with its permission. Page 1 of 2

C. SECTION III - LIMITS OF INSURANCE is noncontributing, whichever applies, with
amended to include: this insurance.
The limits of insurance available to the addi- 2. Any insurance provided by this endorse-
tional insured(s) will not exceed: ment shall be primary to other insurance
available to the additional insured except:
1. Those limits specified in the written con-
struction contract or agreement referred a. As otherwise provided in SECTION
to in Paragraph A.2.e. above; or IV - COMMERCIAL GENERAL LI-
ABILITY CONDITIONS, 5. Other In-
2. The Limits of Insurance specified in the surance, b. Excess Insurance; or
Declarations of this Coverage Part;
b. When other valid and collectible in-
whichever are less. If no limits are specified in surance is available to the additional
that written construction contract or agree- insured:
ment, the limits available to the additional in-
sured(s) will not exceed the Limits of Insur- (1) As an additional insured by at-
ance specified in the Declarations of this Cov- tachment of an endorsement to
erage Part. The limits of insurance available to another insurance policy; and
the additional insured(s) are inclusive of and
not in addition to the Limits of Insurance (2) On an excess basis.
shown in the Declarations. In such case the coverage provided
D. SECTION IV - COMMERCIAL GENERAL LI- under this endorsement shall also be
ABILITY CONDITIONS is amended to include excess.
the following: F. SECTION V - DEFINITIONS is amended to
AUTOMATIC ADDITIONAL INSURED PRO- include:
VISION 1. "Residential construction" means:
The written construction contract or agree- a. A structure where any of the struc-
ment referred to in Paragraph A.2.e. above ture's square foot area is used, or is
must: intended, for the purpose of human
1. Be currently in effect or become effective habitation and includes, but is not
during the term of this Coverage Part; limited to, single-family housing,
and multi-family housing, apartments,
condominiums, townhouses, and
2. Have been executed prior to the "bodily similar structures intended for human
injury" or "property damage" to which this habitation; and
endorsement pertains.
b. Common areas and appurtenant
E. SECTION IV - COMMERCIAL GENERAL LI- structures of those structures listed
ABILITY CONDITIONS, 5. Other Insurance, in Paragraph 1.a. above.
b. Excess Insurance is amended to include
the following: "Residential construction" does not in-
clude:
1. Where required by the written construc-
tion contract or agreement referred to in a. Hospitals or prisons; and
Paragraph A.2.e. above, this insurance is b. Military housing, dormitories, long-
primary and / or noncontributory as re- term care facilities, hotels or motels,
spects any other insurance policy issued provided there is no individual own-
to the additional insured, and such other ership of units.
insurance policy shall be excess and / or
Includes copyrighted material of ISO
GA 4316 AZ 09 09 Properties, Inc., with its permission. Page 2 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective: [10/01/2015 Policy Number: CPA1093935
Named Insured:
Caliente Construction, Inc.
Countersigned by:
(Authorized Representative)
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
SECTION II - LIABILITY COVERAGE, A. Cover-
age, I. Who is an Insured is amended to include
as an insured any person or organization with
which you have agreed in a valid written contract
to provide insurance as is afforded by this policy.
This provision is limited to the scope of the valid
written contract.
This provision does not apply unless the valid
written contract has been executed prior to the
"bodily injury" or "property damage".
AA 4171 11 05

Policy No: CPP1093935
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY / NONCONTRIBUTORY AMENDMENT OF
CONDITIONS FOR DESIGNATED ADDITIONAL
INSUREDS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization (Additional Insured):
ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED IN WRITTEN CONTRACT TO ADD AS AN
ADDITIONAL INSURED ON A PRIMARY AND NONCONTRIBUTORY BASIS
With respect to insurance provided the additional When this insurance is excess over any
insured shown in the Schedule, SECTION IV - other insurance, we will pay only our
COMMERCIAL GENERAL LIABILITY CONDI- share of the amount of the loss, if any,
TIONS, 5. Other Insurance is deleted in its en- that exceeds the sum of:
tirety and replaced by the following:
(1) The total amount that all such other
5. Other Insurance insurance would pay for the loss in
the absence of this insurance; and
If other valid and collectible insurance is
available to the additional insured for a loss (2) The total of all deductible and self-
we cover under Coverages A or B of this insured amounts under all that other
Coverage Part, our obligations are limited as insurance.
follows:
We will share the remaining loss, if any,
a. Primary Insurance with any other insurance that was not
bought specifically to apply in excess of
Where required by a written contract, this the Limits of Insurance shown in the
insurance is primary and noncontributory Declarations of this Coverage Part.
as respects any other insurance policy
issued to the additional insured. Other- c. Method of Sharing
wise, b. below applies.
If all of the other insurance permits con-
b. Excess Insurance tribution by equal shares, we will follow
this method also. Under this approach
This insurance is excess over any of the each insurer contributes equal amounts
other insurance available to the additional until it has paid its applicable limit of in-
insured whether primary, excess, contin- surance or none of the loss remains,
gent or on any other basis. whichever comes first.
When this insurance is excess, we will If any of the other insurance does not
have no duty under Coverages A or B to permit contribution by equal shares, we
defend any claim or "suit" that any other will contribute by limits. Under this
insurer has a duty to defend. If no other method, each insurer's share is based on
insurer defends, we will undertake to do the ratio of its applicable limit of insurance
so, but we will be entitled to the insured's to the total applicable limits of insurance
rights against all those other insurers. of all insurers.
GA 4094 10 01

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION - AUTO
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective: 10/01/2015 Policy Number: CPA1093935
Named Insured:
Caliente Construction, Inc.
Countersigned by:
(Authorized Representative)
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or
"property damage" arising out of the operation
SECTION IV - BUSINESS AUTO CONDI- of a covered "auto" when you have assumed
TIONS, A. Loss Conditions, 5. Transfer of liability for such "bodily injury" or "property
Rights of Recovery Against Others to Us is damage" under an "insured contract", pro-
amended by the addition of the following: vided the "bodily injury" or "property damage"
We waive any right of recovery we may have occurs subsequent to the execution of the "in-
against any person or organization because sured contract".
AA 4172 09 09

Policy No: WC212800900
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
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
BLANKET WAIVER OF SUBROGATION
IF YOU ARE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT,
WHICH IS EXECUTED BEFORE A LOSS, TO WAIVE YOUR RIGHTS OF
RECOVERY FROM OTHERS, WE AGREE TO WAIVE OUR RIGHTS OF
RECOVERY.
THIS WAIVER OF RIGHTS APPLIES TO ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO
FURNISH THIS WAIVER, BUT SHALL NOT BE CONSTRUED TO BE A
WAIVER WITH RESPECT TO ANY OTHER OPERATIONS IN WHICH THE
INSURED HAS NO CONTRACTUAL INTEREST.
This endorsement changes the policy to which it is attached and is effective on the date issued unless other-
wise 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 $ Incl .
Insurance Company CINCINNATI INSURANCE COMPANY
Countersigned by
WC 00 03 13
© 1983 National Council on Compensation Insurance.

Contracting Activity(les) E. means any general construction activity performed by or on behalf of
the Named Insured.
Design Professional F. means any person or entity that is legally qualified, certified or
licensed to perform services which are covered by Design
Professional's Insurance, including subcontractors and
subconsultants at any tier.
Design Professional's Insurance G. means all architects and engineers, or contractors professional liability
insurance policies which insure a Design Professional.
Design Professional Services H. means services that any Design Professional:
1. agreed to perform pursuant to a written contract with the insured;
2. which are included within the Professional Activities and Duties
that the insured agreed to perform in a written contract; and
3. which are covered by Design Professional's insurance.
Emergency Remediation L means direct costs and expenses that we deem necessary to mitigate
Expense on an emergency basis the immediate effects of a Pollution
Condition at a Job Site resulting from the rendering or failure to
render Contracting Activities.
Environmental Damage J. means physical damage In or upon land, the atmosphere,
watercourse, body of water or groundwater, caused by a Pollution
Condition and resulting in Remedlation Expense.
Insured K. means each of the following:
1. the Named Insured;
2. your current or former directors, partners, principals, members,
executive officers, stockholders, or trustees, but solely within the
course and scope of their duties as such;
3. your current or former employees including leased personnel
under your supervision, but solely within the course and scope of
their employment or lease agreement;
4. your heirs, executors, administrators, assigns or legal
representatives in the event of death, Incapacity or bankruptcy, but
only with respect to the liability of the Named Insured otherwise
insured herein;
5. any Predecessor in interest;
6. any entity that is newly formed or acquired by you during the
Policy Period where you have greater than fifty percent (50%)
ownership, control, or beneficial interest, provided however that
a. coverage shall be provided only for Professional Loss
arising out of Professional Activities and Duties and/or
Pollution Loss arising from Contracting Activity performed
on or after the date of formation or acquisition, subject to the
Retroactive Date; and
KLD 061 0113 2013 Xt. America, Inc. Page 5 of 25
All Rights Resenred. May not be copied without permission.

b. this coverage shall expire at the end of the Policy Period or
within ninety (90) days of such formation or acquisition of the
entity, whichever is earlier, unless you submit written notice
to us providing detailed information concerning the newly
formed or acquired entity, confirmed by us by endorsement,
and provided that you pay any applicable additional premium
requested by us;
7, Any Insured with regard to its participation in a legal entity
including a limited liability company or joint venture, but only to the
extent of the insured's legal liability for its rendering of
Professional Activities and Duties and/or Contracting
Activities under the respective legal entity or joint venture;
B. With regard to Section 1: What We Cover D.1., the Client, but
only:
Aakoki4ovtbk a. if the you are required to include the Client as an additional
Insured in a written contract in effect during the Policy
tkot.tf-to( Period and signed by the you prior to the first
commencement of the Pollution Condition; and
b. with respect to the Clienrs vicarious liability resulting from
your Contracting Activity.
9. With regard to Section 1: What We Cover D.1., all persons or
organizations, other than a Client, as required by a written
contract executed by the Named Insured, but only for.
a. a Pollution Condition caused by your Contracting Activity;
and
b. the vicarious liability of the person or organization that results
from the performance of your Contracting Activity
provided that such written contract is signed by the Named
Insured prior to the commencement of the Pollution
Condition.
Insured Contract L means that part of any written contract or written agreement under
which you assume the Tort Liability of another party to pay
compensatory damages for Bodily injury or Property Damage, to a
third person or organization, provided that such written contract or
written agreement is signed by you prior to the Bodily injury or
Property Damage. Tort Liability means a liability that would be
imposed by law in the absence of any contract or agreement.
KLD 051 0113 0 2013 X.L. America, Inc. Page 6 of 25
All Rights Reserved. May not be copied without permission,

Declarations and G. By acceptance of this policy, you agree that the statements and
Representations Information contained in the Application and other supplemental
materials submitted to us are: (a) true and correct; (b) such
statements and information are material to our underwriting of this
policy; and (c) that this policy has been issued by us in reliance upon
the truth and correctness of such statements and information.
Design Professional's Insurance H. The Insured shall require that each Design Professional under
written contract to it evidence professional liability insurance.
Headings I. The descriptions in the headings of this policy are solely for
convenience and form no part of the terms and conditions of this
policy.
Inspection and Audit J. We will be permitted, but not obligated, to examine, audit, monitor and
inspect on a continuing basis any of the Insured's books, records,
services, properties and activities at any time, as far as they relate to
the subject matter of this policy.
Neither our right to examine, audit, monitor and make inspections, or
the actual undertaking thereof, or any report thereon, neither
constitutes an undertaking to determine or warrant that property or
operations are safe, healthful or conform to acceptable engineering
practice or are in compliance with any law, rule or regulation. Any
Inspections will be coordinated through your broker or agent.
We may modify, amend or delete any of the terms and conditions of
this policy including the right to charge additional premium and the
right to cancel, rescind or void this policy, if our examination, audit,
monitoring or inspection reveals any material risk, hazard or condition
that was not previously disclosed by any Insured in the Application or
supplemental materials, or which deviates from the information
disclosed In the Application or supplemental materials.
Limitation of Liability K. Under Protective Loss Coverage, the insured shall not accept any
limitation of liability from a Design Professional other than to
insurance proceeds, without our express written consent
Other Insurance L. Where other valid and collectible insurance is available to the
Insured, in addition to Design Professional's Insurance, our
obligations to the Insured are as follows:
1. This insurance is excess over any other valid and collectible
insurance, whether such other Insurance is stated to be primary,
contributory, excess, contingent or otherwise.
2. This Insurance is excess over any other valid and collectible
insurance available to the Insured under a project specific
insurance policy, contractor-controlled insurance program, owner-
controlled insurance program, consolidated (wrap-up) insurance
program or any other similar insurance or program, whether such
other insurance or program is stated to be primary, contributory,
excess, contingent or otherwise.
3. This insurance is excess over any other valid and collectible
Design Professional's Insurance whether such other insurance
is stated to be primary, contributory, excess, contingent or
otherwise.
KID 051 0113 0 2013 XL America, Inc. Page 24 of 25
All Rights Reserved. May not be copied without permission.

--). 4. Under Section 1: What We Cover: D. Pollution Loss Coverage
only, when the Named Insured is required by contract,
agreement, or permit to indude any person or entity as an
additional insured, such coverage shall be provided on a primary
and non-contributory basis.
Severability M. Except with respect to the Limits of Liability and the Self-Insured
Retention Amount, and any rights or duties specifically assigned in
this policy to you, this insurance applies: (a) as if each Named
Insured were the only Named Insured; and (b) separately to each
Insured against or by whom a Claim is made.
Misrepresentation, concealment, breach of condition or violation of
any duty under this poky by one Insured shall not prejudice the
Interest or coverage of another Insured under this policy.
Sole Agent N. You will act on behalf of all Insured(s) for the payment or return of
premium, receipt and acceptance of any endorsement issued to form
a part of this policy, giving and receiving notice of cancellation or non-
renewal and the exercise of the rights provided in Section 6: Extended
Reporting Period, B. Optional Extended Reporting Period.
--------> Subrogation 0. In the event of any payment under this policy, we will be subrogated to
all of the Insured's rights of recovery against any person or
organization and the Insured will execute and deliver instruments and
papers and do whatever else Is necessary to secure such rights. The
Insured will do nothing at any time to prejudice our subrogation rights.
However, we waive our right(s) of recovery against any person or
organization included in the definition of an Insured or against the
Insured's Clients, if prior to a Professional Liability Claim, a waiver
of subrogation was so required and accepted under a specific
contractual undertaking by the Insured.
Under Section 1: What We Cover. D. Pollution Loss Coverage, we
waive our right(s) of recovery against any person or organization
included in the definition of an Insured or against the Insured's
Clients If prior to the Pollution Claim, a waiver of subrogation was
required and accepted under a specific contractual undertaking by the
Insured.
Territory P. Coverage granted under this policy will apply anywhere in the world,
to the extent permitted by law.
KLD 051 0113 0 2013 X.L. America. Inc. Page 25 of 25
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