Extracted text (via pymupdf_layout)
72295 characters
JOB ORDER CONTRACTOR (JOC) CONTRACT MARICOPA COUNTY, ARIZONA HVAC JOB ORDER CONTRACTOR Office of Procurement Services Serial # 14085J0C C- Facilities Management, Maricopa County Arizona 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. HVAC JOB ORDER CONTRACTOR 14085-JOC 2/6/15 Principal (Signature) Date Steve Barry 86-1027390 Printed Name Federal Tax Identification Number Vice-President / General Manager CR-39 #176640 / CR-74 #260462 / B-01 #173953 Title License Number Net 30 914-84 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: Attorney for the Board of Supervisors Date: General Conditions for JOC 7 Division 0- Bidding & Contract Requirements Section Description Number of Pages 00005 Table of Contents 1 00500 Construction Contract 4 00610 Payment Bond and Performance Bond 3 00700 General Conditions Table of Contents 6 00700 General Conditions to the Construction Contract 43 Exhibit A — Definitions to the General Conditions ....... ........ ..... 3 Exhibit B — Alternate Dispute Resolution 5 Exhibit C — Legal Worker Certification 1 Exhibit D — Request for Proposal for Task Order 1 Exhibit E — Performance Bond and Payment Bond Forms 2 Exhibit F — SBE Reporting Document 1 Exhibit G — Request for Qualifications dated February 13, 2014 102 Exhibit H — Statement of Qualifications dated March 7, 2014 _.„ ...... 36 Exhibit I — Certificate of Insurance for Job Order Contract 2 Exhibit J — General Requirements for the Job Order Contracts 109 All of the exhibits above are incorporated by reference as though fully set forth herein whether or not physically attached to this contract. NOTE: ALL REFERENCES TO "JOC" IN THIS DOCUMENT ARE UNDERSTOOD TO MEAN THE "HVAC JOC" END OF SECTION General Conditions for JOC 2 SECTION 00500 JOB ORDER CONTRACT A. EFFECTIVE DATE: This CONTRACT is entered into by and between the Owner and the Job Order Contractor as Contract No. 14085-JOC, and shall be effective as of March 25, 2015. B. OWNER: MARICOPA COUNTY do Facilities Management Department 401 West Jefferson Street Phoenix, Arizona 85003 C. JOB ORDER CONTRACTOR: Pueblo Mechanical & Controls, Inc. 6771 E. Outlook Dr. Tucson, AZ 85756 Office: (800) 840-9170; Fax: (800) 473-4374; E-Mail: john@pueblo-mechanical.com D. RECITALS: The scope of work and specifications for a broad range of services will be identified in individual Task Orders which will be issued by the Owner from time to time. See EXHIBIT D hereto. NOW THEREFORE, intending to be legally bound and for valuable consideration, the receipt and sufficiency of which are acknowledged, the Owner and Job Order Contractor agree as follows: E. AGREEMENT: Article I. THE CONTRACT 1.1 The Task Order and other Contract Documents explained in Section 7.1 below and the definitions which are contained Section 00700, Exhibit A, govern this Job Order Contract. Article II. THE WORK 2.1 The Job Order Contractor shall execute the entire Work described by each Task Order, including work which is reasonably inferable and necessary to produce the results intended by the Contract and the Task Order. Article III. CONTRACT TIME 3.1 The Job Order Contractor shall have access to the area of the Work effective from the date of the Notice to Proceed for the assigned Task and shall achieve Substantial Completion and Final Completion of the Work no later than the performance period specified in each Task Order issued. The length of this Contract for services will be for a period of three (3) years with two one-year options to extend the contract, but in no event will this Contract's Term General Conditions for JOC 3 continue longer than five (5) years from the date of the Contract. The term of this Contract shall not be extended. All Work issued hereunder must be completed in full by the final expiration date of this Contract. Extensions to this Contract for years 4 and 5 may only be made by an amendment signed by both parties. A permission to complete a Task Order that extends into Year 4 or Year 5 does not extend the Contract in its entirety for the additional year. 3.2 The Job Order Contractor shall achieve Substantial Completion of the Work (as defined in Section 00700, Article 9.8 herein, and evidenced by a Certificate of Substantial Completion) not later than as specified in each Task Order. 3.3 The Job Order Contractor shall achieve (as defined in Section 00700, Article 9.9 herein, and evidenced by a Certificate of Final Completion) no later than as specified in each Task Order. Article IV. CONTRACT SUM 4.1 The Owner shall pay the Job Order Contractor in current funds for the Job Order Contractor's performance of individual Task Orders in an aggregate amount not to exceed Fifteen Million Dollars ($15,000,000.00) in total, and not to exceed Five Million Dollars ($5,000,000.00) per Fiscal Year, which Fiscal Year shall be designated by the Owner as beginning on July 1st and ending on June 30th of the next calendar year. The single maximum value of a task issued shall not exceed $1,000,000.00. The Owner does not guarantee a minimum Contract Sum under this Contract, and Job Order Contractor, in accepting this Contract, does not expect a minimum Contract Sum. Payments will be made in accordance with the sum negotiated for each specific Task Order. Maricopa County, at its sole discretion, may require the Job Order Contractor to purchase from a specified or designated County supplier (i.e. Home Depot) any and/or all available materials applied or installed by the Job Order Contractor or its subcontractors for a Task Order. The materials purchased by the Job Order Contractor(s), or its subcontractor(s), shall be purchased by the Job Order Contractor(s), or its subcontractor's, using their own funds and/or credit. Any discounts offered to the JOC by the County's material supplier shall be passed through to the County without markup. The County is not a party to these transactions and any issue/disputes shall be resolved without the involvement of the County. 4.2 LABOR PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract renewal. Requests for adjustment in cost of labor must be supported by appropriate documentation. If County agrees to the adjusted price terms, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey. This section covers the positions of Project Manager, Superintendent and Engineer/Coordinator. 4.3 FEE AND OVERHEAD CALCULATIONS FOR CONSTRUCTION COSTS UP TO $250,000.00 Overhead must be all inclusive and include all "costs of doing business". The County will not pay separately for items such as, but not limited to warranty, project closeout, home office expense, personal safety equipment, safety personnel, unless safety personnel is specifically required for the Work being performed and approved by the Owner. The Job General Conditions for JOC 4 Order Contractor agrees the overhead shall be no more than 8% and the fee shall be capped at 5%. 4.4 FEE AND OVERHEAD CALCULATIONS FOR CONSTRUCTION OVER $250,000.00 Overhead must be all inclusive and include all "costs of doing business". The County will not pay separately for items such as, but not limited to warranty, project closeout, home office expense, personal safety equipment, safety personnel, unless safety personnel is specifically required for the Work being performed and approved by the Owner. Overhead cost and percentages in addition to Job Order Contractor fee(s) shall be negotiated between the Job Order Contractor and the County for any projects exceeding $250,000.00. Article V. PROGRESS PAYMENTS 5.1 Progress payments will be made in accordance with Article 9 of the General Conditions to the Job Order Contract. Article VI. FINAL PAYMENT 6.1 Final Payment will be made in accordance with Article 9 of the General Conditions to the Job Order Contract. Article VII. CONTRACT DOCUMENTS 7.1 The Contract consists of the following documents incorporated herein by this reference: 7.1.1 The Job Order Contract — Section 00500. 7.1.2 The General Conditions to the Job Order Contract — Section 00700. 7.1.3 Permits, Change Orders, Change Directives, amendments or modifications to the Contract. 7.1.4 Any and all documents issued during the procurement process for this Contract. 7.1.5 Task Order documents including, but not limited to, Task Orders, associated plans and specifications. 7.1.6 Any addenda to any issued Task Orders or other Contract documents. 7.1.7 Exhibits to Section 00700: Exhibit A — Definitions to the General Conditions Exhibit B — Alternate Dispute Resolution Exhibit C — Legal Worker Certification Exhibit D — Request for Proposal for Task Order Exhibit E — Performance Bond and Payment Bond Forms Exhibit F — SBE Reporting Document Exhibit G — Request for Qualifications dated February 13, 2014 Exhibit H — Statement of Qualifications dated March 07, 2014 Exhibit I — Certificate of Insurance for Job Order Contract. Exhibit1 — General Requirements for the Job Order Contracts General Conditions for JOC 5 All of the exhibits listed above are incorporated by reference as though fully set forth, whether or not they are physically attached to this Contract. 7.1.8 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. F. STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. General Conditions for JOC 6 Pueblo & #0)1irols, Inc. 800) 840-9110 PROPOSAL - Proposed Labor Rates Maricopa County HVAC .10C #14085 From: Pueblo Mechanical and Controls, Inc. Date; 1128/15 Attn: Paul Shamrock Maricopa County Procurement Senhces 320 W. Lincoln Street Phoenix, AZ 85003 Dear Paul, Thank you for the opportunity to present our proposed labor rates [straight/overtime] in support of your pending HVAC JOG RFQ #14085. The rates below are all inclusive and include all overhead, profit, and miscellaneous labor expenses; no additional mark-up will be applied to these labor rates. Standard Overtime Profetslimal/Mainb3nance/Tiades Labor Rates Rate Rate HR. Project Manager/Administrator : $90.00 $126.00 HR. HVAC Superintendent /Field Supervisor 1 $72.00 $101.00 HR. Project Coordinator ; $55.00 $77.00 HR_ Engineering — Services . : $125.043 175.00 HR. HVAC Sheet Metal installation $67.00 i94.66 - — HR, Pipefitter / Steamfitter ' $80.00 $112.00 HR, Mechanical Technician IENIS/ChilleriThq 1 $80.00 $112.00 HR Electrical (By Pueblo Mech.) i $70.00 $98.00 HR General / Driver Labor 1 -S3-8.-013— $49788- - ' Exclusions: Wages above not applicable to Davis-Bacon Projects or holiday hour projects. We look forward to providing this important service please call if you have any questions. Sincerely, John Neuser Contracts Manager JohnOpoeblo-rnectianicat oom 6771 E. Outlook Drive, Tucson, AZ 86756 • 11062 N. 24 th Avenue, Phoenix, AZ 86029 Office - (800) 840.9170 • Fax -(888) 473-4374 www.pueblo-rnechanicalcom AZ LIG: CR-39 a ROC176840 • AZ UC: B-01 I R0C173953 • AZ LIC: CR-74 # R0C260462 Table of Contents-General Conditions 00700-i --- 7 0 DATE (MMIDD/YYYY) ACCPRE, CERTIFICATE OF LIABILITY INSURANCE 44.------- 2/6/2015 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: Jynessa Shaffer Crest Insurance Group, LLC PHONE 520-881- 5760 FAX 520-618-3948 5285 East Williams Circle Suite 4500 (A/C, N, o_ Ext). (A/C. No Tucson AZ 85711 ADDRE E-MAIL SS: ishaffer@crestcom INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Cincinnati Insurance Company 10677 INSURED 70PUEBMEC1 INSURER e :American Safety Indemnity 25433 Pueblo Mechanical & Controls, Inc. INSURER C: 6771 E. Outlook Drive Tucson AZ 85756 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 581184384 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 VVVD POLICY NUMBER (MM/DDNYYY) POLICY EFF (MM/DD/YYYY) POLICY EXP LIMITS A x COMMERCIAL GENERAL LIABILITY Y Y EPP0081147 6/2/2014 6/2/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $500,000 X Ded: $1,000 PD MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GE 'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X E F, LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y EPP0081147 6/2/2014 6/2/2015 COMBINED (Ea accident) SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ATOS ALL U OVVNED AUTOS SCHEDULED BODILY INJURY (Per accident) $ X HIRED AUTOS AUTOS NON-OWNED PROPERTY (Per accident) DAMAGE $ $ A X UMBRELLA LIAB X OCCUR Y Y EPP0081147 6/2/2014 6/2/2015 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N /A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ A, Installation Floater EPP0081147 6/2/2014 6/2/2015 $500,000 Limit $1,000 Ded DI,, Pollution Liability CPL101246 4/1/2014 4/1/2015 $2,000,000 Limit $5,000 Ded ''' Professional Liability EPP0081147 6/2/2014 6/2/2015 $1,000,000 Limit $5,000 Ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder, its agents, representatives, officers, directors, officials, and and and others when required in a written contract or agreement are Additional Insured (General Liability, Automobile Liability & Umbrella Liability). Coverage is Primary & Non-Contributory (General Liability). Waiver of Subrogation (General Liability, Automobile Liability & Umbrella Liability) applies. This form is subject to all policy forms, terms, endorsements, conditions definitions & exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Maricopa County Office of Procurement Services ACCORDANCE WITH THE POLICY PROVISIONS. 320 W. Lincoln Street Phoenix AZ 85003 AUTHORIZED REPRESENTATIVE Co4 Ito-cola 1 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD --- .1 0 DATE (NIM/DDIYYYY) ACC)RE) CERTIFICATE OF LIABILITY INSURANCE 2/8/2015 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 Minard-Ames Insurance Services PHONE (A/C No FrO : 602- 2731625 - (A/C. FAX No): 602-273-0212 4646 E. Van Buren St., #200 E-MAIL Phoenix AZ 85008 ADDRESS: certs@INSURICA.com INSURER(S) AFFORDING COVERAGE NA1C # INSURER A:Acuity A Mutual Insurance Company INSURED PUEBMECO1C INSURER B : Pueblo Mechanical & Controls, Inc. INSURER C: 6771 E. Outlook Dr. INSURER D: Tucson AZ 85756 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 749436160 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. NOTVVITHSTANDING 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 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT PRO- LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED (Ea accident) SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ATOOSVVNED ALL U AUTOS SCHULED ED BODILY INJURY (Per accident) $ HIRED AUTOS AUTOS NON-OWNED (Per PROPERTY accident) DAMAGE $ $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION y X46855 7/9/2014 7/9/2015 ^ , STATUTE PER OTH- ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE N / A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver of subrogation applies in favor of the certificate holder on the employers liability/workers compensation if required in a written contract and/or agreement. Per attached form: WC000313 4/84. RE: Serial #14085-JOC, HVAC Job Order Contractor. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Maricopa County Office of Procurement Services ACCORDANCE WITH THE POLICY PROVISIONS. 320 W. Lincoln Street Phoenix AZ 85003 AUTHORIZED REPRESENTATIVE Ar © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy No: X46855 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13(4 -84) We have the right to recover our payments from under a written contract that requires you to obtain anyone liable for an injury covered by this policy. We this agreement from us. will not enforce our right against the person or or- This agreement shall not operate directly or indirectly ganization named in the Schedule. This agreement to benefit any one not named in the Schedule. applies only to the extent that you perform work SCHEDULE ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE A WRITTEN CONTRACT OR AGREEMENT IN WHICH YOU ARE REQUIRED TO WAIVE RIGHTS OF RECOVERY UNDER THIS POLICY. SUCH CONTRACT OR AGREEMENTMUST HAVE BEEN EXECUTED PRIOR TO THE OCCURRENCE CAUSING INJURY OR DAMAGE. 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 UABILITY 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. AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION II - WHO IS AN INSURED, 2. is 2. Conformance to Specific Written Con- amended to include: tract or Agreement e. Any person or organization, hereinafter If a written contract or agreement be- referred to as ADDITIONAL INSURED: tween you and the additional insured specifies that coverage for the additional (1 Who or which is not specifically insured: named as an additional insured un- der any other provision of, or en- a. Be provided by the Insurance Ser- dorsement added to, this Coverage vices Office additional insured form Part; and number CG 20 10 or CG 20 37 (where edition specified); or (2) For whom you are required to add as an additional insured on this Cover- b. Include coverage for completed op- age Part erations; or under: c. Include coverage for "your work"; (1) A written contract or agreement; or and where the limits or coverage provided to the additional insured is more restric- (2) An oral agreement or contract where tive than was specifically required in that a certificate of insurance showing written contract or agreement, the terms that person or organization as an ad- of Paragraphs 3., 4.a.(2) and / or 4.13., or ditional insured has been issued; any combination thereof, of this endorse- but only with respect to liability arising out ment shall be interpreted as providing the of "your work" performed for that addi- limits or coverage required by the terms tional insured by you or on your behalf. A of the written contract or agreement, but person or organization's status as an in- only to the extent that such limits or cov- sured under this endorsement continues erage is included within the terms of the for only the period of time required by the Coverage Part to which this endorsement written contract or agreement, but in no is attached. If, however, the written con- event beyond the expiration date of this tract or agreement specifies the Insur- Coverage Part. If there is no written con- ance Services Office additional insured tract or agreement, or if no period of time form number CG 20 10 but does not is required by the written contract or specify which edition, or specifies an edi- agreement, a person or organization's tion that does not exist, Paragraphs 3. status as an insured under this endorse- and 4.a.(2) of this endorsement shall not ment ends when your operations for that apply and Paragraph 4.b. of this en- insured are completed. dorsement shall apply. 2. SECTION IV - COMMERCIAL GENERAL 3. SECTION III - LIMITS OF INSURANCE is LIABILITY CONDITIONS is amended to in- amended to include: clude: The limits applicable to the additional insured 1. Automatic Additional Insured Provi- are those specified in the written contract or sion agreement or in the Dedarations of this Cov- erage Part, whichever are less. If no limits are The written or oral contract or agreement specified in the written contract or agreement, must be currently in effect or become ef- or if there is no written contract or agreement, fective during the term of this Coverage the limits applicable to the additional insured Part. The contract or agreement also are those specified in the Declarations of this must be executed prior to the "bodily in- Coverage Part. The limits of insurance are in- jury", "property damage" or "personal and clusive of and not in addition to the limits of in- advertising injury" to which this endorse- surance shown in the Declarations. ment pertains. Includes copyrighted material of Insurance GA 472 10 01 Services Office, Inc., with its permission. Page 1 of 2 4. The following are added to SECTION I - C. "Bodily injury" or "property damage" aris- COVERAGES, COVERAGE A. BODILY ing out of "your work" for which a consoli- INJURY AND PROPERTY DAMAGE dated (wrap-up) insurance program has LIABILITY, 2. Exclusions and SECTION I - been provided by the prime contractor / COVERAGES, COVERAGE B. PERSONAL project manager or owner of the construc- AND ADVERTISING INJURY LIABILITY, 2. tion project in which you are involved. Exclusions: 5. SECTION IV - COMMERCIAL GENERAL The insurance provided to the additional in- LIABILITY CONDITIONS, 5. Other Insur- sured does not apply to: ance is amended to include: a. "Bodily injury", "property damage" or "per- a. Where required by a written contract or sonal and advertising injury" arising out of agreement, this insurance is primary and / the: or noncontributory as respects any other insurance policy issued to the additional (1) Rendering of, or failure to render, any insured, and such other insurance policy professional architectural, engineer- shall be excess and / or noncontributing, ing or surveying services, including: whichever applies, with this insurance. (a) The preparing, approving or fail- b. Any insurance provided by this endorse- ing to prepare or approve maps, ment shall be primary to other insurance shop drawings, opinions, re- available to the additional insured except: ports, surveys, field orders, change orders or drawings and As otherwise provided in SECTION specifications; and IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other (b) Supervisory, inspection, archi- Insurance, b. Excess Insurance; or tectural or engineering activities; (2) For any other valid and collectible in- (2) Sole negligence or willful misconduct surance available to the additional of, or for defects in design furnished insured as an additional insured by by, the additional insured or its "em- attachment of an endorsement to an- ployees". other insurance policy that is written b. "Bodily injury" or "property damage" aris- on an excess basis. In such case, ing out of "your work" included in the the coverage provided under this en- "products-completed operations hazard". dorsement shall also be excess. Includes copyrighted material of Insurance GA 472 10 01 Services Office, Inc., with its permission. Page 2 of 2 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 5. Medical Payments Medical Expense Limit: $ 10,000 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 2) Our right and duty to defend ends when we 1. Employee Benefit Liability Coverage have used up the ap- a. The following is added to SECTION I plicable limit of insur- - COVERAGES: Employee Benefit ance in the payment of Liability Coverage. judgments or settle- ments. (1) Insuring Agreement No other obligation or liabil- (a) We will pay those sums that ity to pay sums or perform the insured becomes legally acts or services is covered obligated to pay as dam- unless explicitly provided for ages caused by any act, er- under Supplementary Pay- ror or omission of the in- ments. sured, or of any other per- (b) This insurance applies to son for whose acts the in- damages only if the act, er- sured is legally liable, to ror or omission, is negli- which this insurance ap- gently committed in the plies. We will have the right "administration" of your and duty to defend the in- "employee benefit pro- sured against any "suit" gram"; and seeking those damages. However, we will have no 1) Occurs during the pol- duty to defend against any icy period; or "suit" seeking damages to which this insurance does 2) Occurred prior to the not apply. We may, at our effective date of this discretion, investigate any endorsement provided: report of an act, error or omission and settle any a) You did not have claim or "suit" that may re- knowledge of a sult. But: claim or "suit" on or before the ef- 1) The amount we will pay fective date of this for damages is limited endorsement. as described in SEC- TION III - LIMITS OF You will be INSURANCE; and deemed to have Includes copyrighted material of Insurance GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 2 of 14 knowledge of a 1) Failure of any invest- claim or "suit" ment to perform; when any "authorized repre- 2) Errors in providing in- sentative"; formation on past per- formance of investment i) Reports all, or vehicles; or any part, of the act, error or 3) Advice given to any omission to us person with respect to or any other that person's decision insurer; to participate or not to participate in any plan ii) Receives a included in the "em- written or ver- ployee benefit pro- bal demand or gram". claim for dam- ages because (f) Workers' Compensation of the act, er- and Similar Laws ror or omis- Any claim arising out of sion; and your failure to comply with b) There is no other the mandatory provisions of applicable insur- any workers' compensation, ance. unemployment compensa- tion insurance, social secu- (2) Exclusions rity or disability benefits law or any similar law. This insurance does not apply to: (g) ERISA (a) Bodily Injury, Property Damages for which any in- Damage or Personal and sured is liable because of Advertising Injury liability imposed on a fiduci- ary by the Employee Re- "Bodily injury", "property tirement Income Security damage" or "personal and Act of 1974, as now or advertising injury". hereafter amended, or by (b) Dishonest, Fraudulent, any similar federal, state or Criminal or Malicious Act local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, Any claim for benefits to the fraudulent, criminal or mali- extent that such benefits cious act, error or omission, are available, with reason- committed by any insured, able effort and cooperation including the willful or reck- of the insured, from the ap- less violation of any statute. plicable funds accrued or (c) Failure to Perform a Con- other collectible insurance. tract (i) Taxes, Fines or Penalties Damages arising out of fail- Taxes, fines or penalties, ure of performance of con- including those imposed tract by any insurer. under the Internal Revenue (d) Insufficiency of Funds Code or any similar state or local law. Damages arising out of an insufficiency of funds to (j) Employment-Related meet any obligations under Practices any plan included in the Any liability arising out of "employee benefit pro- any: gram". (1) Refusal to employ; (e) Inadequacy of Perform- ance of Investment / Ad- (2) Termination of em- vice Given With Respect ployment; to Participation (3) Coercion, demotion, Any claim based upon: evaluation, reassign- Includes copyrighted material of Insurance GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 3 of 14 ment, discipline, defa- rectors. Your stockholders mation, harassment, are also insureds, but only humiliation, discrimina- with respect to their liability tion or other employ- as stockholders. ment-related practices, acts or omissions; or (e) A trust, you are an insured. Your trustees are also in- (4) Consequential liability sureds, but only with re- as a result of (1), (2) or spect to their duties as (3) above. trustees. This exclusion applies (2) Each of the following is also an whether the insured may be insured: held liable as an employer or in any other capacity and (a) Each of your "employees" to any obligation to share who is or was authorized to damages with or repay administer your "employee someone else who must benefit program". pay damages because of (b) Any persons, organizations the injury. or "employees" having (3) Supplementary Payments proper temporary authori- zation to administer your SECTION I - COVERAGES, "employee benefit program" SUPPLEMENTARY PAY- if you die, but only until your MENTS - COVERAGES A AND legal representative is ap- B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage (1) If you are designated in the Part. Declarations as: (3 ) Any organization you newly ac- (a) An individual, you and your quire or form, other than a part- spouse are insureds, but nership, joint venture or limited only with respect to the liability company, and over conduct of a business of which you maintain ownership which you are the sole or majority interest, will qualify owner. as a Named Insured if no other similar insurance applies to that (b) A partnership or joint ven- organization. However, cover- ture, you are an insured. age under this provision: Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier; and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- sureds, but only with re- c. Limits of Insurance spect to their duties as your managers. As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, you are an insured. Your (1) The Limits of Insurance shown "executive officers" and di- in Section B. Limits of Insur- rectors are insureds, but ance, 1. Employee Benefit Li- only with respect to their ability Coverage and the rules duties as your officers or di- Includes copyrighted material of Insurance GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 4 of 14 below fix the most we will pay reduced by the amount of regardless of the number of: this deductible. (a) Insureds; (b) The deductible amount stated in the Declarations (b) Claims made or "suits" applies to all damages brought; sustained by any one "em- (c) Persons or organizations ployee", including such making claims or bringing "employee's" dependents "suits"; and beneficiaries, because of all acts, errors or omis- (d) Acts, errors or omissions; or sions to which this insur- ance applies. (e) Benefits included in your "employee benefit pro- (c) The terms of this insurance, gram". including those with respect to: (2) The Aggregate Limit shown in Section B. Limits of Insurance, 1) Our right and duty to 1. Employee Benefit Liability defend the insured Coverage of this endorsement against any "suits" is the most we will pay for all seeking those dam- damages because of acts, er- ages; and rors or omissions negligently committed in the "administra- 2) Your duties, and the tion" of your "employee benefit duties of any other in- program". volved insured, in the event of an act, error or (3) Subject to the limit described in omission, or claim, (2) above, the Each Employee apply irrespective of the Limit shown in Section B. Limits of Insurance, 1. Employee application of the deductible Benefit Liability Coverage of amount. this endorsement is the most we (d) We may pay any part or all will pay for all damages sus- of the deductible amount to tained by any one "employee", effect settlement of any including damages sustained by claim or "suit" and, upon such "employee's" dependents notification of the action and beneficiaries, as a result of: taken, you shall promptly (a) An act, error or omission; or reimburse us for such part of the deductible amount as (b) A series of related acts, er- we have paid. rors or omissions, regard- less of the amount of time d. Additional Conditions that lapses between such As respects Employee Benefit Li- acts, errors or omissions, ability Coverage, SECTION IV - negligently committed in the COMMERCIAL GENERAL LIABIL- "administration" of your "em- ITY CONDITIONS is amended as ployee benefit program". follows: However, the amount paid un- (1) Item 2. Duties in the Event of der this endorsement shall not Occurrence, Offense, Claim or exceed, and will be subject to Suit is deleted in its entirety and the limits and restrictions that replaced by the following: apply to the payment of benefits 2. Duties in the Event of an Act, Error or in any plan included in the "em- Omission, or Claim or Suit ployee benefit program". a. You must see to it that we are noti- (4) Deductible Amount fied as soon as practicable of an act, (a) Our obligation to pay dam- error or omission which may result in ages on behalf of the in- a claim. To the extent possible, no- sured applies only to the tice should include: amount of damages in ex- (1) What the act, error or omission cess of the deductible was and when it occurred; and amount stated in the Decla- rations as applicable to (2) The names and addresses of Each Employee. The limits anyone who may suffer dam- of insurance shall not be Includes copyrighted material of Insurance GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 5 of 14 ages as a result of the act, error method described in b. or omission. below. b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this method also. Under (2) Notify us as soon as practicable. this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or "suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or "suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: ( 1 ) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this in- ployee benefit pro- surance is primary, our grams"; obligations are not af- fected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams"; or other insurance by the Includes copyrighted material of Insurance GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 6 of 14 d. Effecting, continuing or c. Unemployment insur- terminating any "em- ance, social security ployee's" participation benefits, workers' com- in any benefit included pensation and disability in the "employee bene- benefits; and fit program". d. Vacation plans, includ- However, "administration" ing buy and sell pro- does not include: grams; leave of ab- sence programs, in- a. Handling payroll de- cluding military, mater- ductions; or nity, family, and civil b. The failure to effect or leave; tuition assis- maintain any insurance tance plans; transpor- or adequate limits of tation and health club coverage of insurance, subsidies. including but not limited (2) The following definitions are to unemployment in- deleted in their entirety and re- surance, social security placed by the following: benefits, workers' com- pensation and disability 21. "Suit" means a civil pro- benefits. ceeding in which money damages because of an 2. "Cafeteria plans" means act, error or omission to plan authorized by applica- which this insurance applies ble law to allow "employ- are alleged. "Suit" includes: ees" to elect to pay for cer- tain benefits with pre-tax a. An arbitration pro- dollars. ceeding in which such damages are claimed 3. "Employee benefit pro- and to which the in- grams" means a program sured must submit or providing some or all of the does submit with our following benefits to "em- consent; ployees", whether provided through a "cafeteria plan" or b. Any other alternative otherwise: dispute resolution pro- ceeding in which such a. Group life insurance; damages are claimed group accident or and to which the in- health insurance; den- sured submits with our tal, vision and hearing consent; or plans; and flexible spending accounts; c. An appeal of a civil provided that no one proceeding. other than an "em- ployee" may subscribe 8. "Employee" means a per- to such benefits and son actively employed, for- such benefits are made merly employed, on leave generally available to of absence or disabled, or those "employees" who retired. "Employee" includes satisfy the plan's eligi- a "leased worker". "Em- bility requirements; ployee" does not include a "temporary worker". b. Profit sharing plans, employee savings 2. Unintentional Failure to Disclose Haz- plans, employee stock ards ownership plans, pen- SECTION IV - COMMERCIAL GENERAL sion plans and stock LIABILITY CONDITIONS, 7. Represen- subscription plans, tations is hereby amended by the addi- provided that no one tion of the following: other than an "em- ployee" may subscribe Based on our dependence upon your to such benefits and representations as to existing hazards, if such benefits are made unintentionally you should fail to disclose generally available to all such hazards at the inception date of all "employees" who your policy, we will not reject coverage are eligible under the under this Coverage Part based solely on plan for such benefits; such failure. Includes copyrighted material of Insurance GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 7 of 14 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex- a. The last Subparagraph of Paragraph pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or secretions, by in- Exclusions c. through q. do not apply sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- ing: b. The insurance provided under SEC- TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1 ) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 8 of 14 caused by or resulting 5. Medical Payments from rain, snow, sleet or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- ments of this endorsement. The Damage to Premises Rented to You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lim- Exclusions, j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B. Limits of lowing: Insurance, 6. Voluntary Property Damage and Care, Custody or Up to the limit shown in Section B. Control Liability Coverage of this Limits of Insurance, 4.a. Bail endorsement with respect to cover- Bonds of this endorsement for cost age provided by this endorsement. of bail bonds required because of These limits are inclusive of and not accidents or traffic law violations in addition to the limits being re- arising out of the use of any vehicle placed. The Limits of Insurance to which the Bodily Injury Liability shown in Section B. Limits of Insur- Coverage applies. We do not have to ance, 6. Voluntary Property Dam- furnish these bonds. age and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing "suits". off from work. Includes copyrighted material of Insurance GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 9 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 II - 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 a. Insurance under this provision is af- named as an additional in- forded only until the 180th day after sured under any other pro- 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 issued a permit. services to others; 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 Subject to the final as follows: 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- tion project in which sion do not apply to tools or equip- you are involved. ment loaned to you, provided they 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 "s u its", 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 (b) Condition 2. Duties in the "occurrence" or an offense which Event of Occurrence, Of- may result in a claim. To the extent fense, Claim or Suit, ap- possible, notice should include: 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 has been paid by us. This requirement applies only when 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 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: Policy Number: 05-01-2012 EBA 008 11 47 Named Insured: PUEBLO MECHANICAL & CONTROLS, 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 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: Policy Number: 05-01-2012 EBA 008 11 47 Named Insured: PUEBLO MECHANICAL & CONTROLS, 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