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JOB ORDER CONTRACTOR (JOC) CONTRACT MARICOPA COUNTY, ARIZONA ELECTRICAL JOB ORDER CONTRACTOR Office of Procurement Services Serial # 14084-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 "ELECTRICAL 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. 14084-JOC, and shall be effective as of January 27, 2015. B. OWNER: MAR1COPA COUNTY cio Facilities Management Department 401 West Jefferson Street Phoenix, Arizona 85003 C. JOB ORDER CONTRACTOR: KSK Electric 6125 S. Ash Ave Suite B-1 Tempe, AZ 85283 Office: (480) 831-1454; Fax: (480) 831-8636; E-Mail: tvogt@kskelectric.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 3 with two one-year options to extend the contract, but in no event will this Contract's Term 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 perfoiming 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 $250,000.00. Article V. PROGRESS PAYMENTS 5.1 Progress payments will be made in accordance with Article 9 of the General Conditions to the Job Order Contract. Article VI. FINAL PAYMENT 6.1 Final Payment will be made in accordance with Article 9 of the General Conditions to the Job Order Contract. Article VII. CONTRACT DOCUMENTS 7.1 The Contract consists of the following documents incorporated herein by this reference: 7.1.1 The Job Order Contract — Section 00500. 7.1.2 The General Conditions to the Job Order Contract — Section 00700. 7.1.3 Penijits , Change Orders, Change Directives, amendments or modifications to the Contract. 7.1.4 Any and all documents issued during the procurement process for this Contract. 7.1.5 Task Order documents including, but not limited to, Task Orders, associated plans and specifications. 7.1.6 Any addenda to any issued Task Orders or other Contract documents. 7.1.7 Exhibits to Section 00700: Exhibit A — Definitions to the General Conditions Exhibit B — Alternate Dispute Resolution Exhibit C — Legal Worker Certification Exhibit D — Request for Proposal for Task Order Exhibit E — Performance Bond and Payment Bond Forms Exhibit F — SBE Reporting Document Exhibit G — Request for Qualifications dated February 13, 2014 Exhibit H — Statement of Qualifications dated March 07, 2014 Exhibit I — Certificate of Insurance for Job Order Contract. 5 Exhibit J — General Requirements for the Job Order Contracts All of the exhibits listed above are incorporated by reference as though fully set forth, whether or not they are physically attached to this Contract. 7.1.8 All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. F. STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($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 varruss 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. ELECTRICAL JOB ORDER CONTRACTOR 14084-JOC February 11,2015 Principal (Signa.ture) Date KENNETH R. FARMER 86-0683866 Federal Tax Identification Number PRESIDENT C-11 #093326; A-17#107145 Title License Number Net 30, 1% Net 10 914-84 Vendor Terms NIGP Commodity Code (Advantage) COUNTY OF MARICOPA, AR/ZONA 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 7 MARICOPA COUNTY JOC revision 441 1/26/2 LABOR RATES AT NORMAL WORKING HOURS MONDAY THROUGH FRIDAY Category Base cost OH and Profit Total price Foreman (Projects) $52.17 15% $60.00 Journeyman (Projects) $34.78 15% $40.00 Apprentice (Projects) $26.09 15% $30.00 Service Technician (Service Calls) $60.87 15% $70.00 Journeyman (Service Calls) $43.48 15% $50.00 Apprentice (Service Calls) $34.78 15% $40.00 Project Manager $77,39 15% $89.00 Project Superintendent $69.57 15% $80.00 Project Coordinator $43.48 15% $50.00 Project Engineer $47.83 15% $55.00 (Service calls are projects (1) week and under continuous duration Overtime, muliply Total Price by 1.4 Double Time, multiply Total Price by 1.8 Holiday schedule, multiply Total Price by 2.6 Sincerely, Tom Vogt Regional Service Manager 6125 S. Ash Ave., Suite #81- Tempe, Arizona 85283 -office (480) 831-1454 fax 1-8636 License No. :093326-L11, 107145-A17 CONFIDENTIAL 8 ,---- 7 0 Actswc, DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE ‘...------ 2/11/2015 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 602-273-1625 FAX 602-273-0212 4646 E. Van Buren St, #200 (AIC, No, Frf). (A/C. No): Phoenix AZ 85008 ADDRESS: E-MAIL certs@INSURICA.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :AMCO Insurance Company 19100 INSURED KSKELECO3C INSURER B :SCF Western Insurance Company KSK Electric, Inc. INSURER C: 6125 S. Ash, #B-1 Tempe AZ 85283 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 883092736 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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER (MM/DDIYYYY) POLICY EFF (MMIDD/YYYY) POLICY EXP LIMITS A x COMMERCIAL GENERAL LIABILITY Y Y AC P7244432018 10/1/2014 10/1/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $100,000 X $1,000 PD Ded MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT PRO- LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AU °MOBILE LIABILITY Y Y ACP7244432018 10/1/2014 10/1/2015 COMBINED (Ea accident) SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL AUTOS OWNED AUTOS SCHEDULED BODILY INJURY (Per accident) $ X HIRED AUTOS X AUTOS NON-OWNED (Per PROPERTY accident) DAMAGE $ $ A _ X UMBRELLA LIAB X OCCUR Y Y ACP7244432018 10/1/2014 10/1/2015 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION $ B WORKERS COMPENSATION y 1006967 10/1/2014 10/1/2015 " , STATUTE PER "s , OTH- ER Arizona AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A EL. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL. 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 requi ed) Certificate Holder is defined as additional insured with respects to the general, auto and excess/umbrella liability if required or agreed to in a written contract subject to all provisions and limitations of the policy. General Liability coverage is primary and non-contributory. A Waiver of subrogation in favor of Certificate Holder applies to the general, auto and umbrella/excess liability and employers liability/workers compensation if required or agreed to in a written contract subject to all provisions and limitation of the policy. Per attached forms: CG7157 09/10; CG7246 02/12; AC0102 03/10; CG7158 08/04; AC0101A 03/10; WC000313 4/84 - in State of Arizona; CG2503 05/09. See Attached... 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 AF I @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: KSKELECO3C LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Minard-Ames Insurance Services KSK Electric, Inc. POLICY NUMBER 6125 S. Ash, #B-1 Tempe AZ 85283 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Additional Insured: Maricopa County, its agents, representatives, officers, directors, officials and employees. Waiver of Subrogation applies in favor of the additional insured. ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy No: ACP7244432018 COMMERCIAL GENERAL LIABILITY CG 71 57 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to a. The preparing, approving, or failing to pre- include as an additional insured any person or or- pare or approve, maps, shop drawings, opi- ganization for whom you are performing operations nions, reports, surveys, field orders, change when you and such person or organization have orders or drawings and specifications; or agreed in a written contract that such person or b. Supervisory, inspection, architectural or organization be added as an additional insured on engineering activities. your policy. Such person or organization is an ad- 2. "Bodily injury" or "property damage" occurring ditional insured only with respect to liability for "bo- after: dily injury", "property damage" or "personal and advertising injury" arising out of, in whole or in part, a. All work, including materials, parts or by: equipment furnished in connection with 1. Your acts or omissions; or such work, on the project (other than ser- vice, maintenance or repairs) to be per- 2. The acts or omissions of those acting on your formed by or on behalf of the additional in- behalf; sured(s) at the location of the covered in the performance of your ongoing operations operations has been completed; or for the additional insured. b. That portion of "your work" out of which the A person's or organization's status as an addi- injury or damage arises has been put to its tional insured under this endorsement ends intended use by any person or organization when your operations for that additional in- other than another contractor or subcontrac- sured are completed. tor engaged in performing operations for a No such person or organization is an additional principal as a part of the same project. insured for liability arising out of the "products- D. With respect to the insurance afforded to these completed operations hazard". additional insureds, Condition 4. Other Insurance B. The following is added to SECTION III — LIMITS of Section IV — Commercial General Liability OF INSURANCE: Conditions is replaced by the following: The limits of insurance applicable to the additional 4. Other Insurance insured are those specified in the written contract a. Primary Insurance between you and the additional insured, or the lim- This insurance is primary if you have agreed its available under this policy, whichever are less. in a written contract or written agreement: These limits are part of and not in addition to the (1) That this insurance be primary. If other limits of insurance under this policy. insurance is also primary, we will share C. With respect to the insurance afforded to these with all that other insurance as de- additional insureds, the following additional exclu- scribed in C. below; or sions apply: (2) The coverage afforded by this insur- This insurance does not apply to: ance is primary and non-contributory 1. "Bodily injury", "property damage" or "personal with the additional insured's own insur- and advertising injury" arising out of the ren ance. dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: CG 71 57 09 10 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 with its permission. CG 71 57 09 10 Paragraphs (1) and (2) do not apply to (2) When this insurance is excess, we will other insurance to which the additional have no duty under Coverages A or B insured has been added as an addi- to defend the additional insured against tional insured or to other insurance de- any "suit" if any other insurer has a duty scribed in paragraph b. below. to defend the additional insured against b. Excess Insurance that "suit". If no other insurer defends, we will undertake to do so, but we will This insurance is excess over: be entitled to the additional insured's (1) Any of the other insurance, whether rights against all those other insurers. primary, excess, contingent or on any (3) When this insurance is excess over other basis: other insurance, we will pay only our (a) That is Fire, Extended Coverage, share of the amount of the loss, if any, Builder's Risk, Installation Risk or that exceeds the sum of: similar coverage for "your work"; (a)The total amount that all such other (b) That is fire, lightning, or explosion insurance would pay for the loss in insurance for premises rented to the absence of this insurance; and you or temporarily occupied by you (b) The total of all deductible and self- with permission of the owner; insured amounts under all that other (c) That is insurance purchased by you insurance. to cover your liability as a tenant for (4) We will share the remaining loss, if any, "property damage" to premises with any other insurance that is not de- rented to you or temporarily occu- scribed in this Excess Insurance provi- pied by you with permission of the sion and was not bought specifically to owner; or apply in excess of the Limits of Insur- (d) If the loss arises out of the mainten- ance shown in the Declarations of this ance or use of aircraft, "autos" or Coverage Part. watercraft to the extent not subject c. Method Of Sharing to Exclusion g. of Section I — Cov- erage A — Bodily Injury And Property If all of the other insurance available to Damage Liability the additional insured permits contribu- tion by equal shares, we will follow this (e) That is any other insurance availa- method also. Under this approach each ble to an additional insured under insurer contributes equal amounts until it this endorsement covering liability has paid its applicable limit of insurance arising out of the premises or opera- or none of the loss remains, whichever tions, or products completed opera- comes first. tions, for which the additional in- sured has been added as an If any of the other insurance available to additional insured by that other in- the additional insured does not permit surance. contribution by equal shares, we will con- tribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. CG 71 57 09 10 with its permission. Policy No: ACP7244432018 COMMERCIAL GENERAL LIABILITY CG 72 46 02 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL CONTRACTORS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended 3. The coverage provided to the additional to include as an insured any person or insured by this endorsement and paragraph organization whom you are required to add as an f. of the definition of "insured contract" under additional insured on this policy under a written DEFINITIONS (SECTION V) does not apply contract or written agreement. The written to "bodily injury" or "property damage" contract or written agreement must be: caused in whole or in part by the "products- 1. Valid and legally enforceable; completed operations hazard" unless required by the written contract or written 2. Currently in effect or becoming effective agreement. When coverage does apply to during the term of this policy; and "bodily injury" or "property damage" caused 3. Executed prior to an "occurrence" resulting in whole or in part by the "products- in "bodily injury", "property damage," or completed operations hazard" such "personal and advertising injury." coverage will not apply beyond the period of B. The insurance provided to the additional insured time required by the written contract or is further limited as follows: written agreement. 1. That person or organization is an additional 4. The insurance provided to the additional insured, but only with respect to liability for insured does not apply to: "bodily injury" or "property damage" caused, "Bodily injury", "property damage", or in whole or in part, by "your work" for the "personal and advertising injury" arising out additional insured which is the subject of the of the rendering of, or failure to render, any written contract or written agreement. professional architectural, engineering or 2. If we insured the Named Insured for more surveying services, including: than one annual policy period: a. The preparing, approving, or failure to a. Only the policy in effect at the time the prepare or approve maps, shop "bodily injury"," property damage", or drawings, opinions, reports, surveys, "personal and advertising injury" first field orders, change orders or drawings occurs will apply; and specifications; and b. "Bodily injury", "property damage", or b. Supervisory, inspection, architectural or "personal and advertising injury", first engineering activities. occurs when it is initially discovered by c. Defects in design or specifications any person; furnished by the additional insured or its' c. Any continuation, progression, change "employees". or resumption of "bodily injury", "property 5. We have no duty to defend or indemnify an damage", or "personal and advertising additional insured under this endorsement: injury" will be deemed to be one a. For any loss which occurs prior to our occurrence; Named Insured commencing operations d. Our limit of liability will not exceed the at the location of the loss. Limits of Insurance for one annual policy period. CG 72 46 02 12 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3 with its permission. CG 72 46 02 12 b. Until we receive written notice of a claim b. Excess Insurance or "suit" from the additional insured as This insurance is excess over: required in the Duties In The Event of (1) Any of the other insurance, whether Occurrence, Offense, Claim or Suit primary, excess, contingent or on Condition. any other basis: C. With respect to the coverage provided under this (a) That is Fire, Extended endorsement, the COMMERCIAL GENERAL Coverage, Builder's Risk, LIABILITY CONDITIONS (SECTION IV) are Installation Risk or similar amended as follows: coverage for "your work"; 1. The following is added to the Duties In The (b) That is fire, lightning, or Event of Occurrence, Offense, Claim or Suit explosion insurance for Condition: premises rented to you or An additional insured under this temporarily occupied by you endorsement will as soon as practicable: with permission of the owner; (1) Give written notice of an occurrence (c) That is insurance purchased by you to cover your liability as a or an offense to us which may result tenant for "property damage" to in a claim or "suit" under this premises rented to you or insurance; temporarily occupied by you with (2) Agree to trigger or activate any other permission of the owner; or insurance which the additional (d) If the loss arises out of the insured has for a loss we cover maintenance or use of aircraft, under this Coverage Part by "autos" or watercraft to the tendering the defense to the extent not subject to Exclusion insurers of all such other insurance; g. of Section I — Coverage A — 2. With respect to the coverage provided under Bodily Injury And Property this endorsement, Condition 4. Other Damage Liability Insurance is replaced by the following: (e) That is any other insurance a. Primary Insurance available to an additional insured under this endorsement This insurance is primary if you have covering liability for damages agreed in a written contract or written arising out of the premises or agreement: operations, or products and (1) That this insurance be primary. If completed operations, for which other insurance is also primary, we the additional insured has been will share with all that other added as an additional insured insurance as described in c. below; by that other insurance. or (2) When this insurance is excess, we (2) The coverage afforded by this will have no duty under Coverages A insurance is primary and non- or B to defend the additional insured contributory with the additional against any "suit" if any other insurer insured's own insurance. has a duty to defend the additional insured against that "suit". If no Paragraphs (1) and (2) do not apply other insurer defends, we will to other insurance to which the undertake to do so, but we will be additional insured has been added entitled to the additional insured's as an additional insured or to other rights against all those other insurance described in paragraph b. insurers. below. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., CG 72 46 02 12 with its permission. CG 72 46 02 12 (a) The total amount that all such c. Method of Sharing other insurance would pay for If all of the other insurance available to the loss in the absence of this the additional insured permits insurance; and contribution by equal shares, we will (b) The total of all deductible and follow this method also. Under this self insured amounts under all approach each insurer contributes equal that other insurance. amounts until it has paid its applicable (4) We will share the remaining loss, if limit of insurance or none of the loss any, with any other insurance that is remains, whichever comes first. not described in this Excess If any of the other insurance available to Insurance provision and was not the additional insured does not permit bought specifically to apply in contribution by equal shares, we will excess of the Limits of Insurance contribute by limits. Under this method, shown in the Declarations of this each insurer's share is based on the Coverage Part. ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 46 02 12 Includes copyrighted material of Insurance Services Office Inc., Page 3 of 3 with its permission. Policy No: ACP7244432018 COMMERCIAL AUTO AC 01 02 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM rental of a vehicle is an "insured" for Liability EQUIPMENT Coverage, but only to the extent that person or organization qualifies as an "insured" un- 1. Under the COVERED AUTOS SECTION, der the Who Is An Insured Provision con- the following are added to Paragraph C. tained in the LIABILITY COVERAGE Certain Trailers, Mobile Equipment and SECTION of the Coverage Form Temporary Substitute Autos: D. REPLACED EXCLUSIONS 4. 'Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, The Expected or Intended Injury Exclusion panel truck or van if not used for busi- in the LIABILITY COVERAGE SECTION is ness purposes, other than farming or replaced by the following: ranching. Expected or Intended Injury 5. Farm wagons or farm implements while "Bodily injury" or "property damage" which is being towed by a covered "auto". expected or intended by the "insured". This B. CHANGES FOR ADDITIONAL NEWLY exclusion applies even if the resulting "bodi- ACQUIRED VEHICLES ly injury" or "property damage": 2. Paragraph B.2 of the COVERED AUTOS a. is of a different kind, quality or degree SECTION is replaced by the following: than initially expected or intended; or 2. If Symbol(s) 7 or 67 is entered next to b. is sustained by a different person, entity, coverage in Item Two of the Declara- real property, or personal property than tions, an "auto" you acquire will be a that initially expected or intended. covered "auto" for that coverage only if: E. ADDITIONAL EXCLUSIONS a. We already cover at least one "auto" The following exclusions are added to the you own for that coverage or it rep- LIABILITY COVERAGE SECTION: laces an "auto" you previously Damage to Named Insured's Property owned that had that coverage; and Any claim or "suit" for "property damage" by b. You tell us within 30 days after you you or on your behalf against any other per- acquire it that you want us to cover son or entity that is also a Named Insured it for that coverage. under this policy. The most we will pay for Physical Damage Abuse or Molestation Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to "Bodily injury" or "property damage" arising the largest deductible applicable to any "au- out of: to" for that Coverage. a. The actual or threatened abuse or C. BLANKET ADDITIONAL INSURED molestation by anyone or any person Any person or organization which you have while in the care, custody or control of agreed to name as an additional insured in a any "insured", or written contract, executed prior to an acci- b. The negligent: dent, other than a contract for the lease or 1) Employment; AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. AC 01 02 03 10 2) Investigation; This insurance does not apply to: 3) Supervision; a. "Loss" to the covered "auto's" contents, 4) Reporting to the proper authorities, except equipment usual to trucks or pri- or failure to so report; or vate passenger "autos". 5) Retention; b. "Loss" to TV antennas, awnings or ca- banas. of a person for whom any "insured" is or ever was legally responsible and whose c. "Loss" to equipment designed to create conduct would be excluded by Para- added living facilities. graph a. above. However, these exclusions do not apply if Abuse means an act which is committed Miscellaneous Personal Property Coverage with the intent to cause harm. is provided by endorsement to this policy. Explosives G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE "Bodily injury" or "property damage" caused by the explosion of explosives you make, Under Paragraph B.3.a. of the PHYSICAL sell or transport. DAMAGE SECTION, the following is added: Rolling Stores Mechanical breakdown does not include the ac- cidental discharge of an airbag. If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from H. PHYSICAL DAMAGE LIMIT OF INSURANCE the handling, use or condition of any item Under PHYSICAL DAMAGE COVERAGE the "insured" makes, sells or distributes if SECTION, Paragraph C., Limit of Insurance is the injury or damage occurs after the "in- replaced by the following: sured" has given up possession of the item. C. Limit Of Insurance Wrong Delivery of Liquid Products 1. The most we will pay for "loss" in any "Bodily injury" or "property damage" result- one "accident" is the lesser of: ing from the delivery of any liquid into the a. The actual cash value of the damaged wrong receptacle or to the wrong address, or stolen property as of the time of the or from the delivery of one liquid for another, "loss", or if the "bodily injury" or "property damage" occurs after the delivery has been com- b. The cost of repairing or replacing the pleted. damaged or stolen property. Delivery is considered completed even if fur- 2. $1,000 is the most we will pay for "loss" in ther service or maintenance work, or correc- any one "accident' to all electronic equip- tion, repair or replacement is required be- ment that reproduces, receives or transmits cause of wrong delivery. audio, visual or data signals which, at the time of "loss", is: Professional Services a. Permanently installed in or upon the "Bodily injury": covered "auto" in a housing, opening or a. Resulting from the providing or the fail- other location that is not normally used ure to provide any medical or other pro- by the "auto" manufacturer for the instal- fessional services. lation of such equipment. b. Resulting from food or drink furnished b. Removable from a permanently installed with these services. housing unit as described in Paragraph "Bodily injury" or "property damage" result- 2.a. above or is an integral part of that ing from the handling of corpses. equipment; or F. MOTOR HOME CONTENTS COVERAGE c. An integral part of such equipment. 1. For a covered "auto" that is a motor home 3. An adjustment for depreciation and physical the following exclusions are added to the condition will be made in determining actual PHYSICAL DAMAGE COVERAGE cash value in the event of a total "loss". SECTION: Motor Home Contents Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. AC 01 02 03 10 4. The cost of repairing or replacing may: 4. A member, if you are a limited liability com- pany. a. Be based on an estimate which includes parts furnished by the original equip- K. UNINTENTIONAL FAILURE TO DISCLOSE ment manufacturer or other sources in- HAZARDS cluding non-original equipment manu- The BUSINESS AUTO CONDITIONS SECTION facturers and and MOTOR CARRIER CONDITIONS b. Include a deduction for betterment for a SECTION— B.2. are amended by the addition of part or parts that are normally subject to the following: repair or replacement during the useful If you unintentionally fail to disclose any hazards life of the "auto", such as, but not limited existing at the inception date of your policy, we to tires and batteries. will not deny coverage under this Coverage Betterment means the difference be- Form because of such failure. However, this tween the actual cash value of a part provision does not affect our right to collect addi- immediately before the "loss" and the tional premium or exercise our right of cancella- cost to replace that part with a new part. tion or nonrenewal. 5. If we offer to pay the actual cash value of L. AUTOS HIRED OR RENTED BY the damaged or stolen property, we will val- EMPLOYEES ue auto advertising wraps, paint customiza- If hired or rented "autos" are covered "autos' on tion, and similar business related advertising this policy, the following provisions apply: modifications, in addition to the actual cash A. Changes In Liability Coverage value of the property. Auto advertising The following is added to the Who Is An In- wraps, paint customization, and similar sured Provision in the LIABILITY business related advertising modifications COVERAGE SECTION: will be valued at the cost to replace them with an adjustment made for depreciation An "employee" of yours is an "insured" while and physical condition. operating an "auto" hired or rented under a I. GLASS REPAIR —WAIVER OF DEDUCTIBLE contract or agreement in that "employee's" name, with your permission, while performing Under Paragraph D. Deductible of the duties related to the conduct of your busi- PHYSICAL DAMAGE COVERAGE SECTION, ness. the following is added: B. Changes In General Conditions No deductible applies to glass damage if the glass is repaired rather than replaced. Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage J. AMENDED DUTIES IN EVENT OF ACCIDENT, Form and Paragraph 5.f.of the Other Insur- CLAIM, SUIT, OR LOSS ance Condition in the Motor Carrier Cover- The requirement in Loss Condition 2.a. Duties In age Form are replaced by the following: the Event Of Accident, Claim, Suit Or Loss — of For Hired Auto Physical Damage Coverage, the BUSINESS AUTO CONDITIONS SECTION the following are deemed to be covered "au- and the MOTOR CARRIER CONDITIONS tos" you own: SECTION that you must notify us of an "acci- dent", "claim", "suit", or "loss" applies only when 1. Any covered "auto" you lease, hire, rent the "accident", "claim", "suit", or "loss" is known or borrow; and to 2. Any covered "auto" hired or rented by 1. You, if you are an individual your "employee" under a contract in that individual "employee's" name, with your 2. A partner, if you are a partnership; permission, while performing duties re- 3. An executive officer or the employee desig- lated to the conduct of your business. nated by you to give such notice if you are a However, any "auto" that is leased, hired, corporation; or rented or borrowed with a driver is not a covered "auto". AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. AC 01 02 03 10 M. EMERGENCY LOCKOUT — PRIVATE 3. Original copies of receipts for services of a PASSENGER VEHICLES locksmith must be provided before reim- We will reimburse you up to $50 for reasonable burse ment is payable. expense incurred for the services of a locksmith N. LIBERALIZATION to gain entry into your covered "auto" of the pri- Paragraph 3, of the General Conditions is re- vate passenger type subject to these provisions: placed by the following: 1. Your door key or key entry pad has been If we adopt any revision that would broaden the lost, stolen or locked in your covered "auto" coverage under this policy without additional and you are unable to enter such "auto", or premium within 60 days prior to or during the 2. Your key or key entry pad has been lost or policy period, the broadened coverage will im- stolen and you have changed the lock to mediately apply to this policy. prevent an unauthorized entry; and All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. POLICY NUMBER: AC P7244432018 COMMERCIAL GENERAL LIABILITY CG 71 58 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION AS REQUIRED BY WRITTEN CONTRACT This endorsement modffiesinsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Item 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US OR WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". All terms and conditions of this policy apply unless modified by this endorsement. CG 71 58 08 04 Includes copyrighted material of Insurance Services Office, Inc. with permission. Page 1 of 1 © ISO Properties, Inc., 2004 ACP GLA07214432018 LIVITX R 11263 INSURED COPY 72 0006092 Policy No: ACP7244432018 COMMERCIAL AUTO AC 01 01A 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. NEWLY ACQUIRED OR FORMED ENTITIES d. Any "employee" of yours is an "insured" The Named Insured shown in the Declarations while using a covered "auto" you don't is amended to include any organization you own, hire or borrow in your business or newly acquire or form, other than a partnership, your personal affairs. joint venture, or limited liability company, and D. SUPPLEMENTARY PAYMENTS — BAIL over which you maintain ownership or majority BONDS (more than 50%) interest; if there is no other Paragraph A.2.a. (2) of the LIABILITY similar insurance available to that organization. COVERAGE SECTION is revised as follows: Coverage under this provision is afforded until (2) Up to $2,500 for cost of bail bonds (in- the 180th day after you acquire or form the or- cluding bonds for related traffic law vi- ganization or the end of the policy period, whi- olations) required because of an "acci- chever is later. dent" we cover. We do not have to B. TEMPORARY SUBSTITUTE AUTOS — furnish these bonds. PHYSICAL DAMAGE COVERAGE E. SUPPLEMENTARY PAYMENTS — LOSS OF The following is added to paragraph C. Certain EARNINGS Trailers, Mobile Equipment And Temporary Paragraph A.2.a.(4) of the LIABILITY Substitute Autos of the — COVERED AUTOS COVERAGE SECTION is revised as follows: SECTION: If Physical Damage Coverage is provided by (4) All reasonable expenses incurred by the "in- this Coverage Form, the following types of sured" at our request, including actual loss vehicles are also covered "autos" for Physi- of earnings up to $500 a day because of cal Damage Coverage: time off from work. Any "auto" you do not own while used with F. FELLOW EMPLOYEE — OFFICERS, the permission of its owner as a temporary MANAGERS, AND SUPERVISORS substitute for a covered "auto" you own that Paragraph B.5.A Fellow Employee in the is out of service because of its: LIABILITY COVERAGE SECTION is replaced a. Breakdown; as follows; b. Repair; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course c. Servicing; of the fellow "employee's" employment or d. "Loss"; or while performing duties related to the con- e. Destruction duct of your business. This exclusion does The coverage that applies is the same as not apply to an "insured" who occupies a the coverage provided for the vehicle being position as an officer, manager, or supervi- replaced. sor. C. EMPLOYEES AS INSUREDS — NONOWNED G. PERSONAL EFFECTS AND PROPERTY OF AUTOS OTHERS EXTENSION The following is added to paragraph Al. Who Is 1 Paragraph B.6. Care, Custody or Control of An Insured of the LIABILITY COVERAGE the LIABILITY COVERAGE SECTION, does SECTION: not apply to "property damage" to property, other than your property, up to an amount AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 with its permission AC 01 01A 03 10 not exceeding $250 in any one "accident". 2) Financial penalties imposed under a Coverage is excess over any other valid and lease for excessive use, abnormal collectible insurance. wear and tear or high mileage; 2. The following paragraph is added to A.4. 3) Security deposits not refunded by a Coverage Extensions of the — PHYSICAL lessor; DAMAGE COVERAGE SECTION: 4) Costs of extended warranties, Cre- c. We will pay up to $500 for your property dit Life insurance, Health, Accident, that is lost or damaged as a result of a or Disability insurance purchased covered "loss", without applying a de- with the lease; and ductible. Coverage is excess over any 5) Carry-over balances from previous other valid and collectible insurance. leases. H. HIRED AUTO PHYSICAL DAMAGE 2. This coverage only applies to a "loss" which If covered "auto" designation symbols 1,8,61 or is also covered under this policy for Com- 68 apply to Liability Coverage and if at least one prehensive, Specified Causes of Loss, or "auto" you own is covered by this policy for Collision coverage. Comprehensive, Specified Causes of Loss, or 3. Coverage does not apply to any unpaid Collision coverages, then the Physical Damage amount due on a loan for which the covered coverages provided are extended to "autos" you "auto" is not the sole collateral. lease, hire, rent or borrow without a driver; and K. RENTAL REIMBURSEMENT COVERAGE provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage ap- 1. This coverage applies only to a covered "au- ply. The deductible will be equal to the largest to" for which Physical Damage Coverage is deductible applicable to any owned "auto" for provided on this policy. that coverage. Any Comprehensive deductible 2. We will pay for rental reimbursement ex- does not apply to fire or lightning. penses incurred by you for the rental of an I. EXPANDED TOWING COVERAGE "auto" because of "loss" to a covered "auto". We will pay up to: Payment applies in addition to the otherwise applicable amount of each coverage you 1. $100 for a covered "auto" you own of the have on a covered "auto." No deductibles private passenger type, or apply to this coverage. 2. $250 for a covered "auto" you own that is 3. We will pay only for those expenses in- not of the private passenger type, curred during the policy period beginning 24 for towing and labor costs incurred each time hours after the "loss" and ending, regardless the covered "auto" is disabled. However, the la- of the policy's expiration, with the lesser of bor must be performed at the place of disable- the following number of days: ment. a. The number of days reasonably re- This coverage applies only for an "auto" covered quired to repair or replace the covered on this policy for Comprehensive or Specified "auto". If "loss" is caused by theft, this Causes of Loss Coverage and Collision Cove- number of days is added to the number rages. of days it takes to locate the covered J. AUTO LOAN OR LEASE COVERAGE "auto" and return it to you. 1. In the event of a total "loss" to a covered b. The number of days shown in the Sche- "auto", we will pay any unpaid amount due dule. on the loan or lease, including up to a max- 4. Our payment is limited to the lesser of the imum of $500 for early termination fees or following amounts: penalties, for your covered "auto" less: 1. Necessary and actual expenses in- a. The amount paid under the - PHYSICAL curred. DAMAGE COVERAGE SECTION of this 2. $75 for any one day or for a maximum policy; and of 30 days. b. Any: 5. This coverage does not apply while there 1) Overdue lease/loan payments at the are spare or reserve "autos" available to you time of the "loss"; for your operations. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc AC 01 01A 03 10 with its permission. AC 01 01A 03 10 6. If "loss" results from the total theft of a cov- 5. The provisions of paragraphs land 3. do ered ''auto' of the private passenger type, not apply to a covered "auto" of the private we will pay under this coverage only that passenger type or a vehicle with a gross ve- amount of your rental reimbursement ex- hicle weight of 20,000 pounds or less which penses which is not already provided for is a new vehicle. under the PHYSICAL DAMAGE In the event of a total "loss" to your new ve- COVERAGE Coverage Extension. hicle to which this coverage applies, we will 7, Coverage does not apply to any covered pay at your option: "auto" for which coverage is provided by en- a. The verifiable new vehicle purchase dorsement form CA9923 on this policy. price you paid for your damaged ve- hicle, not including any insurance or L. EXPANDED TRANSPORTATION EXPENSE warranties purchased; Paragraph A.4.a. of the PHYSICAL DAMAGE b. If it is available, the purchase price, as COVERAGE SECTION is replaced by the fol- negotiated by us, of a new vehicle of the lowing: same make, model, and equipment or the most similar model available, not in- We will pay up to $50 per day to a maximum of cluding any furnishings, parts, or equip- $1000 for temporary transportation expense in- ment not installed by the manufacturer curred by you because of the total theft of a or manufacturers' dealership; or. covered "auto" of the private passenger type. We will only pay for those covered "autos" for c. The market value of your damaged ve- which you carry Comprehensive or Specified hicle, not including any furnishings, Causes of Loss Coverage. We will pay for tem- parts, or equipment not installed by the porary transportation expenses incurred during manufacturer or manufacturer's dealer- the period beginning 48 hours after the theft and ship. ending, regardless of the policy's expiration, We will not pay for initiation or set up costs when the covered "auto" is returned to us or we associated with loans or leases pay for its "loss", In this endorsement, a new vehicle means M. EXTRA EXPENSE — STOLEN AUTOS an "auto" of which you are the original owner The following paragraph is added to Section that has not been previously titled and which A.4. of the — PHYSICAL DAMAGE COVERAGE you purchased less than 365 days before SECTION: the date of the "loss". c. We will pay for up to $5,000 for the expense 0. BLANKET WAIVER OF SUBROGATION of returning a stolen covered "auto" to you. The following is added to paragraph 5. Transfer We will pay only for those covered "autos" Of Rights Of Recovery Against Others To Us of for which you carry Comprehensive or Spe- — BUSINESS AUTO and MOTOR CARRIER cified Causes of Loss Coverage CONDITIONS SECTIONS: N. NEW VEHICLE REPLACEMENT COST We waive any right of recovery we may have The following is added to paragraph C.Limit of against any person or organization to the extent Insurance of the PHYSICAL DAMAGE required of you by a written contract executed COVERAGE SECTION: prior to any "accident" because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver: Anyone for whom you have agreed to provide this Waiver subject to the terms of this endorsement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2014 Policy No. 1006967 Endorsement No. Insured KSK Electric Inc Premium $ 28,107 Insurance Company CopperPoint Western Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. POLICY NUMBER: ACP7244432018 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ALL PROJECTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section — Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 Insurance Services Office, Inc., 2008 Page 1 of 2 ACP GLA07214432018 LNITX R 11263 INSURED COPY 72 0606082 CG 25 03 05 09 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I — Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical 1). If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section Ill — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 O Insurance Services Office, Inc., 2008 CG 25 03 05 09 ACP GLA07214432018 LNITX R 11263 INSURED COPY 72 0006083