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JOB ORDER CONTRACTOR (JOC) CONTRACT MARICOPA COUNTY, ARIZONA HVAC JOB ORDER CONTRACTOR Office of Procurement Services Serial # 14085-JOC C-________________ Facilities Management, Maricopa County Arizona 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 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 c/o Facilities Management Department 401 West Jefferson Street Phoenix, Arizona 85003 C. JOB ORDER CONTRACTOR: Bel-Aire Mechanical 4201 N. 47th Ave Phoenix, AZ 85031 Office: (623) 846-8612; Fax: (623) 846-8712; E-Mail: hclifford@belairemechanical.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 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 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 $250,000.00. Article V. PROGRESS PAYMENTS 5.1 Progress payments will be made in accordance with Article 9 of the General Conditions to the Job Order Contract. Article VI. FINAL PAYMENT 6.1 Final Payment will be made in accordance with Article 9 of the General Conditions to the Job Order Contract. Article VII. CONTRACT DOCUMENTS 7.1 The Contract consists of the following documents incorporated herein by this reference: 7.1.1 The Job Order Contract – Section 00500. 7.1.2 The General Conditions to the Job Order Contract – Section 00700. 7.1.3 Permits, Change Orders, Change Directives, amendments or modifications to the Contract. 7.1.4 Any and all documents issued during the procurement process for this Contract. 7.1.5 Task Order documents including, but not limited to, Task Orders, associated plans and specifications. 7.1.6 Any addenda to any issued Task Orders or other Contract documents. 7.1.7 Exhibits to Section 00700: Exhibit A – Definitions to the General Conditions Exhibit B – Alternate Dispute Resolution Exhibit C – Legal Worker Certification Exhibit D – Request for Proposal for Task Order Exhibit E – Performance Bond and Payment Bond Forms Exhibit F – SBE Reporting Document Exhibit G – Request for Qualifications dated February 13, 2014 Exhibit H – Statement of Qualifications dated March 07, 2014 Exhibit I – Certificate of Insurance for Job Order Contract. Exhibit J – General Requirements for the Job Order Contracts 5 All of the exhibits listed above are incorporated by reference as though fully set forth, whether or not they are physically attached to this Contract. 7.1.8 All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. F. STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): 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. 6 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 Principal (Signature) Date Printed Name Federal Tax Identification Number Title License Number 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: 7 Table of Contents – General Conditions 00700-i OP ID: CA ACC)RE3' DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 02118/2015 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: David A. Delnoce Eaton & Associates Inc. PHONE 4804854380 FAX 480-9464512 P.O. Box 1960 (NC, No, Eat): (NC, No): Scottsdale, AZ 85252-1960 ADDRESS: E-MAIL ddeln0Ce@eatOnaSSOCiateS.COM David A. Delnoce PRODUCER CUSTOMER ID #: u. 1-/-k-I., I INSURER(S) AFFORDING COVERAGE NAIC # INSURED Bel-Aire Mechanical, Inc. iNsuRERA: Zurich American Ins. Company 16535 4201 N. 47th Avenue INSURER B : Travelers Prop.Cas.Co.ofAmeric 25674 Phoenix, AZ 85031 INSURER C : Homeland Insurance Co of 34452 INSURER D : INSURER B: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 INSR SUBR VIND POLICY NUMBER (MMIDDIYYYY) POLICY EFF (MMIDDIVYYY) POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X CP0982952904 11/07/2014 01/01/2016 IP)RENTSEEr(ERaeoNcicEuUrrence) $ 1,000,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) 10,000 X Per Project Agg PERSONAL & ADV INJURY 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY A ,„. PRO- JECT LOC AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO CP0982952904 11/07/2014 01/01/2016 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) $ X NON-OWNED AUTOS $ X HA Phys Dmg UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 x EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 ZUP15R3595013NF 11/07/2014 01/01/2016 DEDUCTIBLE RETENTION -0- $ WORKERS COMPENSATION WC STATU- 0TH - AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANY OFFICER/MEMBER PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? N /A E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE POLICY LIMIT $ C Prof/Poll Combined 7930002880003 09/15/2014 01/01/2016 $2MM/$2MM Occ/Agg B Installation Ffir QT6605826B951 11/07/2014 01/01/2016 750,000 w/$2500 Ded DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Job Order Contract dated January 27, 2015 Contract No.: 14085-JOC See Attached for Additional Wording: CERTIFICATE HOLDER CANCELLATION MARI 013 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Maricopa County ACCORDANCE WITH THE POLICY PROVISIONS. c/o Facilities Management Department AUTHORIZED REPRESENTATIVE 401 W. Jefferson Phoenix, AZ 85003-2278 i @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD OP ID: CA AMME' DATE (MMIDDIWYY) 4......„-- CERTIFICATE OF LIABILITY INSURANCE 02/18/2015 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: David Delnoce Eaton & Associates Inc. PHONE 480 941. 4895 FAX 480-946-3512 P.O. Box 1960 (NC, No, Eat): - (NC, No): Scottsdale, AZ 85252-1960 ADDRESS: E-MAIL ddenolce(eatonassociates.coM David A. Delnoce PRODUCER ,r,,, A " A CUSTOMER ID #: u• 1--/A-‘... I INSURER(S) AFFORDING COVERAGE NAIC * INSURED Bel-Aire Mechanical, Inc. INSURERA : Copperpoint American Ins. Co. 4201 N. 47th Avenue INSURER B: Phoenix, AZ 85031 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 INSR SUB WVD - POLICY NUMBER (MMIDDANYY) POLICY EFF (MM/DDIYYYY) POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE -10 RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 7 POLICY JECT LOC $ AUTOMOBILE LIABILITY LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (PER ACCIDENT) $ NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION OTH- AND EMPLOYERS' LIABILITY Y I N X T/?)F$(SLI.V1Y-S ER A ANY PROPRIETOR/PARTNER/EXECUTIVE s, 1012000 01101 12015 01/01 12016 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? Y N / A (Mandatory in NH) EL DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Regarding Job Order Contract dated January 27, 2015. Contract No. 14085-JOC. CERTIFICATE HOLDER CANCELLATION MARI 013 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Maricopa County ACCORDANCE WITH THE POLICY PROVISIONS. do Facilities Management Development AUTHORIZED REPRESENTATIVE 401 W. Jefferson Phoenix, AZ 85003-2278 1 @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD HOLDER CODE MARI 013 BELA-C1 PAGE 2 NOTEPAD: INSUREDS NAME Bel-Aire Mechanical, Inc. OP ID: CA Date 0211812015 County, Maricopa County, City, its agents, representatives, officers, directors, and employees are listed as Additional Insureds on a Primary/NonContributory basis as required by contract per UGL1175FCW 04/13 with respects General Liability and CA2048 10/13 with respects Automobile Liability regarding Job Order Contract dated January 27, 2015. Contract No.: 14085-JOC. Waiver of Subrogation applies in favor of the Additional Insureds per G2404 05/09 with respects General Liability and CA0444 10/13 with respects Automobile Liability. Excess Policy is excess over Employer Liability Limits of 500/500/500. Additional Insured —Automatic — Owners, Lessees Or ZURICH' Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. CP0982952904 11 -07-2014 01-01-2016 11-07-2014 47607 Included N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Bel-Aire Mechanical, Inc. Address (including ZIP Code): 4201 N. 47th Avenue, Phoenix, AZ 85031 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: cp0982952904 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Bel -Aire Mechanical, Inc. Endorsement Effective Date: 11-07-2014 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization with whom you have agreed though written contract, agreement or permit, executed prior to the loss, to provide additional insured coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM POLICY NUMBER: CP0982952904 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any Person or Organization that requires You to waive your Rights of Recovery, in a written contract or agree- ment with the Named Insured that is executed prior to the accident or loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your wore done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM POLICY NUMBER: CP0982952904 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Bel -Aire Mechanical, Inc. Endorsement Effective Date: 11 -07-2014 SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND / OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. Information required to complete this Schedule if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM