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JOB ORDER CONTRACTOR (JOC) CONTRACT 1VIARICOPA 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 Table of Contents — General Conditions 00700-i 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: MARICOPA COUNTY c/o Facilities Management Department 401 West Jefferson Street Phoenix, Arizona 85003 C. JOB ORDER CONTRACTOR: Rosendin Electric 1375 W. Drivers Way Tempe, AZ 85284 Office: (480) 921-4022; Fax: (480) 921-4144; E-Mail: bcrosbie@rosendin.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 Table of Contents — General Conditions 00700-ii continue longer than five (5) years from the date of the Contract. The -Willi 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 -leans, County shall issue written approval of the change. The reasonableness of the request will be deteimined 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 Table of Contents — General Conditions 00700-iii 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 Pennits, 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 Table of Contents — General Conditions 00700-iv 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. SAVE 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. Table of Contents — General Conditions 00700-v 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. ELECTRICAL JOB ORDER CONTRACTOR 14084-JOC Principal - (Signatures Michael A. Greenawalt 94-1242813 Printed Name Federal Tax Identification Number Regional Vice President ROC # 10 5 2 41 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: Table of Contents — General Conditions 00700-vi i Paul Shamrock I Article V Procurement Officer I Office of Procurement Services Moricopa County 320 W, Lincoln Street I Phoenix, AZ 85003 Desk: 602_506_6476 I Fax: 602.258.1573 I sharnrockpg'mail_maricoboaov Subject in accordance with Bid Serial 14084-JOC Paul Shamrock Our current labor agreement with Lei.E.W Local Union 640 'beginning June 21, 2014, The 'mites are effective from June 21, 2014 through June 21, 2016 ore as follows: StraightTime&V.7 Genera/ Foreman 48.95 67.74 86.54 Foreman 45.44 62.82 80.19 Journeyman 40.53 55.5.8 7a67 Apprentice 1 22.83 3E10 39.37 Apprentice 4 29.98 40.56 51,14 TypicaI Composite Rate 39.46 54.15 68.84 Project Management 86.50 N/A N/A Superintendent 76.32 NIA N/A Project Coordinator 5100 N/A N/A Project Engineering 143.00 N/A N/A Please Note; AR rates listed above ore actual "Bill Rotes," An overhead and profit percentages remain unchanged and have been r:corporotecl into figures above. There will be no additional markups on labor. Material wilI be mark-up al 12%. This sheet excludes the new AZ State Sales Tax requirements for 2015 but can be provided per project location as or if required *Typical Composite Rate includes General Furernan rate and 4""' year apprentice for SERVICE WORK, For Larger scale work the Labor Rote will be provided and agreed upon prior to Table of Contents - General Conditions 00700-i Rosencfn Bed ric page 2 of 2 We welcome any feedback you can provide us to help us improve in the future, and of course, when approptiole. It you have any questions or concerns, please don't hesitate to call or email me. Thank you for the opportunity, RespeciVly B7ent Crosbie 8•RENT CROSBIE PROJECT MANA ER. SpEcid ProJcc Group 1375 W DRivERs WAY TELfmr,F AZ 85284 BcRc:sai E@RCSENTAN.001,1 DIRECT 480-921.4022 CE;-L. : 1602722-442E 1.71,4rPG14ey : 480-22.1-402,2 AR ST :2013 CONSTRUCTION SAFETY LACEIAND EXCELLENCE AWARDS Table of Contents — General Conditions 00700-ii ----- 7 0 ACCORD DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/10/2015 kl.......---- 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 LIC #0829370 1-925-244-7700 CONTACT NAME: Edgewood Partners Insurance Center Edgewood Partners Insurance Centers (EPIC) PHONE FAX [San Ramon Branch] (A/CAINLo.Ext): E (925 ) 244-7700 (A/C, No): (925) 901-0671 P. 0. Box 5003 ADDRESS: EPICcerts@edgewoodins.com San Ramon, CA 94583 INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: TRAVELERS PROPERTY CAS CO OF AMER 25674 INSURED INSURER B: NATIONAL UNION FIRE INS CO OF PITTS 19445 Rosendin Electric, Inc. INSURER C: CATLIN SPECIALTY INS CO 15989 880 Mabury Road INSURER 0: AGCS MARINE INS CO 22837 INSURER E: San Jose, CA 95133 INSURER F: COVERAGES CERTIFICATE NUMBER: 43005935 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 SUBR WVD POLICY NUMBER (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) POLICY EXP LIMITS A GENERAL LIABILITY X X VTC2JC01A064455 04/01/14 04/01/15 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES TO (Ea RENTED occurrence) $50,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 4,000,000 POLICY v " JECT PRO- LOC $ A AUTOMOBILE LIABILITY X X VTC2JCAP9495A655 04/01/14 04/01/15 COMBINED (Ea accident) SINGLE LIMIT $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUTOS NON-OWNED PROPERTY (Per accident) DAMAGE $ X HAP]) $1X D d $ B UMBRELLA LIAB X OCCUR X X BE11665567 04/01/14 04/01/15 EACH OCCURRENCE $25,000,000 - X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 DED RETENTION $ $ A WORKERS COMPENSATION X VTC2JUB9495A62A14 04/01/14 04/01/15 X AWIlas 0TH- AND EMPLO L IABILITY Y / N ANY ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N IA (Mandatory in NH) EL. DISEASE - EA EMPLOYEE $ 1,000,000 E yes, describe under $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT C Pollution (w/mold) CPL2075560415 04/01/14 04/01/15 $50K SIR 10Mil/Limit C Professional Liability CPL2075560415 04/01/14 04/01/15 $50K SIR 10Mil/Limit D Rented / Leased Equip. MXI93048720 04/01/14 04/01/15 DED: $10,000 325KLimit DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ADDITIONAL INSURED: Maricopa County Office of Procurement Services, its agents, representatives, officers, directors, officials,and employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Maricopa County Office of Procurement Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 320 West Lincoln St. AUTHORIZED REPRESENTATIVE Phoenix, AZ 85003 II USA @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD cward 43005935 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 02/10/2015 NAME OF INSURED: Rosendin Electric, Inc. Additional Description of Operations/Remarks from Page 1: Additional Information: SUPP (05/04) MEMO To: Whom it may concern From: Edgewood Partners Insurance Center Named Insured: Rosendin Electric, Inc. Policy Number(s): VTC2JC01A064455, VTC2JCAP9495A655, BE11665567, VTC2JUB9495A62A14 Policy Term: 04/01/14 - 04/01/15 RE: Notice of Cancellation Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the Certificate Holder named above; except, 10 days notice for non-payment of premium. Sincerely, Carol Cohn Account Manager (925) 244-7700 Page 1 of 2 POLICY NUMBER: VTCITC01A 0 6 4 4 55 CG D2 46 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but a) Only with respect to liability for "bodily injury", "property damage" or 'personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your wore to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that 'written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: I. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Page 2 of 2 iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit and the date received; and if. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. S. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period, CG D2 46 08 05 Page 1 of 6 POLICY NUMBER: VTC2JC01A064455 CG D3 16 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A.-H. and J.-N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. Contractual Liability — Railroads H. Additional Insured — State or Political Subdivisions Other Insurance Condition J. increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured —Lessor of Leased Equipment PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or limited liability company, of which you maintain ownership or in which you maintain the majority interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 3. This Provision A. does not apply to any person or organization for which coverage is excluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU CG D3 16 07 04 Page 2 of 6 1. The last paragraph of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d, Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section UI Limits Of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit, 4. Paragraph a. of the definition of "insured contract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products", We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, D. BLANKET ADDITIONAL INSURED — MANAGERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, executed before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: POLICY NUMBER: VTC2JCAP9495A655 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS 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" under the Who Is An Insured Provi- sion 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 indi- cated below. Endorsement Effective: 04 /01 /2014 SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: VTC2JCAP9495A655 COMMERCIAL AUTO charge, your policy will automatically provide for the balance, if any. The due date for the additional coverage as of the day the re- the final premium or retrospective pre- vision is effective in your state. mium is the date shown as the due date 4. No Benefit To Bailee — Physical Damage on the bill. If the estimated total premium Coverages exceeds the final premium due, the first Named Insured will get a refund. We will not recognize any assignment or grant any coverage for the benefit of any per- b. If this policy is issued for more than one son or organization holding, storing or trans- year, the premium for this Coverage Form porting property for a fee regardless of any will be computed annually based on our other provision of this Coverage Form. rates or premiums in effect at the begin- ning of each year of the policy. 5. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Coverage Form provides primary insur- Under this Coverage Form, we cover "acci- ance. For any covered "auto" you don't dents" and "losses" occurring: own, the insurance provided by this Cov- a. During the policy period shown in the erage Form is excess over any other col- Declarations; and lectible insurance. However, while a cov- b. Within the coverage territory. ered "auto" which is a "trailer" is con- nected to another vehicle, the Liability The coverage territory is: Coverage this Coverage Form provides a. The United States of America; for the "trailer" is: b. The territories and possessions of the (1) Excess while it is connected to a mo- United States of America; tor vehicle you do not own. c. Puerto Rico; (2) Primary while it is connected to a d. Canada; and covered "auto" you own. e. Anywhere in the world if: b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire, (1) A covered "auto" of the private pas- rent or borrow is deemed to be a covered senger type is leased, hired, rented "auto" you own. However, any "auto" that or borrowed without a driver for a pe- is leased, hired, rented or borrowed with riod of 30 days or less; and a driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Para- damages is determined in a "suit" on graph a. above, this Coverage Form's Li- the merits, in the United States of ability Coverage is primary for any liability America, the territories and posses- assumed under an "insured contract". sions of the United States of America, Puerto Rico, or Canada or in a set- d. When this Coverage FOIM and any other tlement we agree to. Coverage Form or policy covers on the same basis, either excess or primary, we We also cover "loss" to, or "accidents" involv- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of between any of these places. our Coverage Form bears to the total of 8. Two Or More Coverage Forms Or Policies the limits of all the Coverage Forms and Issued By Us policies covering on the same basis. If this Coverage Form and any other Cover- 6. Premium Audit age Form or policy issued to you by us or any a. The estimated premium for this Coverage company affiliated with us apply to the same Form is based on the exposures you told "accident", the aggregate maximum Limit of us you would have when this policy be- Insurance under all the Coverage Forms or gan. We will compute the final premium policies shall not exceed the highest applica- due when we determine your actual ex- ble Limit of Insurance under any one Cover- posures. The estimated total premium will age Form or policy. This condition does not be credited against the final premium due apply to any Coverage Form or policy issued and the first Named Insured will be billed by us or an affiliated company specifically to CA 00 01 03 06 0 ISO Properties, inc., 2005 Page 9 of 12 POLICY NUMBER: VTC2JCAP9495A655 COMMERCIAL AUTO This coverage applies only in the event of 5. Transfer Of Rights Of Recovery Against a total theft of your covered "auto". Others To Us No deductibles apply to Personal Effects Cov- We waive any right of recovery we may have erage. against any person or organization to the ex- H. NOTICE OF AND KNOWLEDGE OF tent required of you by a written contract exe- OCCURRENCE cuted prior to any "accident" or "loss", SECTION IV — BUSINESS AUTO CONDITIONS, provided that the "accident" or "loss" arises A. 2. Duties In The Event Of Accident, Claim, out of operations contemplated by such con- Suit Or Loss, subparagraph a. is deleted and re- tract. The waiver applies only to the person or placed by the following: organization designated in such contract. a. In the event of "accident", claim, "suit" or J. UNINTENTIONAL ERRORS OR OMISSIONS "loss", you must give us or our authorized SECTION IV — BUSINESS AUTO CONDITIONS, representative prompt notice of the "accident" B. General Conditions; 2. Concealment, Mis- or "loss" including: representation, Or Fraud is amended by adding (1) How, when and where the "accident" or the following: "loss" occurred; The unintentional omission of, or unintentional (2) the "insured's" name and address; and error in, any information given by you shall not prejudice your rights under this insurance. How- (3) to the extent possible, the names and ad- ever this provision does not affect our right to col- dresses of any injured persons and wit- lect additional premium or exercise our right of nesses. cancellation or non-renewal. Your duty to give us or our authorized repre- K. MENTAL ANGUISH sentative prompt notice of the "accident" or "loss" applies only when the "accident" or SECTION V — DEFINITIONS, Definition C. is "loss" is known to: amended by adding the following: 1. You, if you are an individual; "Bodily injury" also includes mental anguish but only when the mental anguish arises from other 2. A partner, if you are a partnership; or bodily injury, sickness, or disease. 3. An executive officer or insurance man- ager, if you are a corporation. I. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: CA T3 53 01 04 Copyright, The Travelers Indemnity Company Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 002104 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0113 (00)-01 POLICY NUMBER: VTC2JUB9495A62A14 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 any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO DOSS TO EURNISE THIS WAIVER