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HomeMy WebLinkAboutC2019-006U2 Contract No. 2019-006U2 JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RED HAWK SOLUTIONS,LLC THIS JOB ORDER MASTER AGREEMENT (this "Contract") is entered into as of March 19, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Red Hawk Solutions, LLC, a(n) Arizona limited liability company (the "Contractor"). RECITALS A. The Town issued a Request for Qualifications, CS2019-006,Construction Services (the "RFQ"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking statements of qualifications from vendors for construction and related services. B. The Contractor submitted a Statement of Qualifications(the"SOQ")in response to the RFQ, attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Contractor for Construction Services (the "Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Contract. This Contract shall be effective as of the date first set forth above and shall remain in full force and effect for one year with up to four(one)year renewable options. 2. Job Order Master Contract Process. 2.1 Indefinite Delivery and Quantity. This Contract establishes an indefinite delivery, indefinite quantity, Job Order Contract for such Construction Services within the scope of this Contract as Town may request from time to time by issuance of an individual Job Order for each Project. Unless otherwise specified in a specific Job Order,Job Orders will generally include Design Services and where Design Services are necessary, Town will contract for those services separately. A separate Job Order will be issued for each Project describing the specific Work to be performed by the Contractor for that Project. There may be multiple Projects, and, therefore, multiple Job Orders, under this Contract. 2.2 Non-Exclusive Contract. Town shall have the right to perform work of the types included in this Contract itself or to have other Contractors perform such work. In addition, as to any Job Order, Town may elect to have Design Services provided by Town's internal 1 consultants or by independent Design Professionals. Such action by Town shall not constitute a breach or otherwise violate this Contract. 2.3 No Obligation for Town. This Contract does not obligate or require Town to offer any Job Order to Contractor and no Contract will exist for any specific Work until a Job Order for such Work has been fully executed by Town and Contractor. 2.4 Scope of Work Under This Contract. This Contract is for a broad range of maintenance,repair and minor construction work on real property. The scope of this Contract will be to provide construction services, including minor associated incidental design services, for a broad range of Town renovation and construction projects and will include a variety of trades as set forth on Exhibit B. 2.5 Contract Price for Each Job Order. The amount to be paid by Town for the Project under each Job Order is the Contract Price for the Job Order. The Contract Price includes the Contract Price for the Work. The Contract Price for any Job Order may be a Fixed Price or a Guaranteed Maximum Price (GMP), subject to the following: A. The cumulative sum of the Job Orders performed by Contractor during any twelve (12) month period shall not exceed $125,000.00. B. There is no limit on the number of Job Orders that Town may issue to Contractor during any twelve (12) month period of this Contract or during the entire period this Contract is in effect. C. Contractor may not refuse any Job Order under this Contract properly issued by Town,unless Contractor explains,in writing and to Town's satisfaction, that the scope of work under a specific Job Order is poorly defined or hazardous to health or safety. 2.6 Job Order Format. Each Job Order shall be in the form attached as Exhibit C hereto and shall not be effective or binding until fully executed by all parties. 2.7 Job Order Development. The general steps for development of a Job Order are: A. When Town identifies a need for performance of a Project under a Job Order,Town will issue a request to Contractor and also advise Contractor of the nature of the Work to be done. At the same time, Town will advise the Contractor if Design Services are required and how those services will be provided. Within two (2) working days of receipt of this notification, or such other time as set by Town, Contractor will: (i) Visit the proposed site of the Project with Town designated representatives; and (ii) Arrange with Town to further define the scope of the needed Project. 2 B. Contractor will thoroughly acquaint itself with all available information concerning the conditions of the Work under each Job Order and is responsible for correctly and fully estimating the difficulty of performing the Work, the actions required to perform the Work and the cost of successfully performing the Work under each Job Order. C. Town will arrange for any needed Design Services to produce the Drawings and Specifications, with a copy to Town and a copy to Contractor. Design Services will not begin until the scope of Design Services is approved by Town. The Drawings and Specifications developed as part of the Design Services are subject to approval by Town. If there are no Design Services required for a specific Job Order,Town will develop Drawings and Specifications consisting of a line drawing and a written description of the contemplated Work. D. Upon establishment of the scope of Work needed for a Project, Contractor will prepare its proposal for accomplishment of the Project under either a Fixed Price or a Guaranteed Maximum Price (GMP), as in a form and substance determined by Town. GMP (Open Book) pricing shall consist of direct job cost, project-specific general conditions, general and administrative cost, profit, Bond cost and sales tax will be added to Open Book pricing for total Job Order Cost. 2.8 Issuance of Job Orders. The Town Representative will compare the Contractor's Job Order Proposal with Town's estimate, schedules and other requirements, and then, if the Town Representative determines it is in the best interest of Town, arrange a meeting with Contractor, at which time the Contractor's Job Order Proposal will be discussed and negotiated. If the Town Representative determines that it is in the best interest of Town, Town shall then issue a completed Job Order, in the form attached as Exhibit C, to Contractor for execution. 3. Performance of the Work. 3.1 Specifications. The Maricopa Association of Governments, Uniform Standard Specifications for Public Works Construction, current edition ("MAG Specifications"), Maricopa Association of Governments, Standard Details for Public Works Construction, current edition ("MAG Details"), have been adopted by Town and shall apply to the Work, to the extent applicable. In addition, to the extent Town has adopted its own Town Specifications, and/or Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the "Town Specifications"), those Town Specifications shall apply to the Work when and where appropriate and the Contractor shall fully comply therewith. Any questions or concerns about the applicability of any specific MAG or Town Specifications to the Work shall be directed in writing to the Project Engineer. The MAG Specifications, MAG Details and Town Specifications are incorporated into the Contract. 3.2 Coordination. Contractor shall be responsible for coordinating the performance of the Work with the Project Engineer, Project Manager, Engineering Department and other departments or agencies within Town, the design professionals and other contractors involved in the Project. Contractor shall also cooperate with Town in communicating with, 3 obtaining necessary approvals or permits from, and responding to, any applicable government entity or regulatory agency, including participation in any hearings or meetings. 3.3. Inspection/Reporting. Before starting the Work, the Contractor shall carefully study and compare the various plans, drawings, other Contract Documents, and Specifications relative to that portion of the Work, as well as the information furnished by Town, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to Town in such form as Town may require. The Contractor shall be liable to Town for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions in the Contract Documents if the Contractor, with the exercise of reasonable care should have recognized such error, inconsistency,omission or difference and fails to report it to Town. The exactness of grades, elevations, dimensions, or locations given on any Drawings, or the work installed by other contractors, is not guaranteed by Town. The Contractor shall,therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. In all cases of interconnection of its work with existing or other work, Contractor shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor's failure to so verify all such grades, elevations, locations or dimensions shall be promptly rectified by the Contractor without any increase in the Contract Price.Any design errors or omissions noted by the Contractor during this review shall be reported promptly to Town, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. 3.4. Extra Work/Changes in the Work/Approvals. Town reserves the right to make such changes in the plans and specifications for the Work, within the general scope thereof, as it may deem appropriate and any such change as set forth in a written Change Order or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein. A. Contractor shall not be entitled to payment for additional work unless a written Change Order or Extra Work Order, in form and content prescribed by Town,has been executed by Town prior to starting the additional work;on all such Change Orders and Extra Work Orders, Contractor shall specify the increased and/or decreased costs and whether it believes any extensions of time will be necessary to complete its Work as modified by the Change Order or Extra Work Order. In no event, however, will the Contractor be entitled to collect for overhead and profit for such changes more than the percentages of Contractor's actual and direct cost incurred in such change as set forth in the corresponding Change Order. If additional work is performed on the basis of an Extra Work Order, a corresponding Change Order shall be prepared, approved and processed by Town before payment can be made to Contractor. B. Upon request by Town, Contractor shall submit for Town's prior approval all samples,product data, shop drawings on all materials, systems and equipment to be incorporated into the Work. 4 C. The Project Manager shall be designated by the Town. All communications concerning performance of the Work or the Project shall be provided to the designated Project Manager, who has the authority to act on behalf of Town, as delineated and limited by the Contract Documents and applicable law. The Project Manager has no authority to bind Town or Town Council in contravention of any Town Code, State or Federal statute or regulation,or this Contract. Project communications may be exchanged by e-mail upon the written agreement of the Project Manager and Contractor, but e-mail communications are not binding upon Town and cannot change the terms of the Contract or the scope of Work or effectuate any change that requires a written change order. The use of e-mails is for information only, and e-mails will have no legal or binding effect. 3.5. Time/Float. Contractor shall strictly comply with the Project schedule approved in writing by Town(the"Contract Time"). The Contract Time shall start with the Notice to Proceed and end with final acceptance of the Work. Contractor shall commence performance of the Work and complete the Project through both substantial completion and final acceptance within the Contract Time, and failure to do so shall be a material breach of the Contract. A. Time is of the essence of the Contract,for the Project, for the Work, and for each phase and/or designated milestone thereof. B. No modification to the Contract Documents or the Contract Time shall be effective unless approved in writing, in advance, by Town. C. The total float time within the overall schedule is for the exclusive use of Town, but Town may approve Contractor's use of float as needed to meet contract milestones and the Project completion date. 4. Payments. Payments shall be made as follows: 4.1 Progress Payments. A. Progress billings will be processed monthly starting upon Project commencement. B. Contractor billings shall be submitted on Contractor's typical invoice form. C. A list of all suppliers (including name, contact information and phone numbers) to be used by Contractor must be received and approved by Town, prior to release of Contractor's monthly progress payment. Town's approval of Contractor's suppliers shall not release Contractor from any of its obligations under this Contract, including without limitation, Contractor's indemnification, and insurance obligations. D. If required by Town, Contractor will be required to execute an Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and Release on final payment contemporaneously with the receipt of partial or final payments, or other form of acknowledgment of payment and/or release of claims as required by Town, 5 as well as unconditional lien waivers executed by subcontractors and/or suppliers who have provided labor, materials, or rental equipment to Contractor. Payments of any amounts covered by any conditional lien waivers may, at Town's sole discretion, be made by joint check issued to the Contractor and the subcontractor or supplier. E. Contractor shall submit all other supporting documentation substantiating its Invoice as may be reasonably required by the Engineer,Project Manager, Town, and applicable laws. 4.2 Final Payment. Final payment including retainage shall be paid only after: (i) the Work has been fully completed (including completion of all incorrect or incomplete work items)and accepted by Town and Engineer; (ii)necessary operating manuals,any excess materials and supplies necessary for matching materials and supplies incorporated into the Work, and complete "as-built" drawings, plans and specifications have been delivered to Town; (iii) if required by Town, full and unconditional lien waivers and releases by Contractor and any person performing labor or supplying material, machinery, fixtures, or tools for the Work have been delivered to Town; (iv) all conditions and requirements imposed by Town or any financing entity for the corresponding disbursement have been met;and(v)Contractor delivers to Town an Invoice requesting payment. The Contract number must be referenced on all invoices. 4.3 Town's Right to Withhold Payment. Town may withhold payment to such extent as may be necessary in Town's opinion to protect Town from loss for which the Contractor is responsible, including, without limitation: A. defective Work not remedied; B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Town is provided by the Contractor; C. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; D. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; E. damage to Town or another contractor; F. reasonable evidence that the Work will not be completed within the Contract Time set forth in Exhibit B (or otherwise by Town), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or G. persistent failure to carry out the Work in accordance with the Contract Documents. 4.4 Joint/Direct Checks. Payments to Contractor may be made by checks payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of Town it is advisable, payments may be made directly to 6 Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract. 4.5 Payment Not A Waiver. No payment (nor use or occupancy of the Project by Town)shall be deemed acceptance or approval of the Work or as a waiver of any claims,rights, or remedies of Town. 4.6. Liens and Bond Claims. Contractor shall make all payments, in the time required, of all labor and materials furnished to Contractor in the course of the Work and shall promptly furnish evidence of such payments as Town may require. Contractor shall pay when due all claims arising out of performance of the Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of Town, or against payments due from Town to Contractor, or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, Contractor agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of Town, against payment due from Town to Contractor, or against any payment or performance bond, shall be filed or made in connection with the Work by any party who has supplied professional services, labor,materials, machinery, fixtures, tools, or equipment used in or in connection with the performance of this Contract, and Contractor agrees to remove or to cause to be removed any such liens or claims in the nature of a lien or bond claim within ten (10) days upon receiving notice or obtaining actual knowledge of the existence of such liens or claims. In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and against any and all such liens and claims. This paragraph does not apply to claims and liens of Contractor due to non-payment for Work performed. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor's applicable licenses issued by the Arizona Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set 7 forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Contractor. 9. Work Standards,Warranties and Correction of Work. All materials and other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract. 9.1 Express Warranties. Within fourteen (14) days of the completion of the Work(or at such earlier time as requested by Town),Contractor shall execute and deliver to Town all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to Town, and any other person reasonably requested by Town, or Town's lender(s). 9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by Town. 9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, Town may correct it and the Contractor shall reimburse Town for the cost of correction. 10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof(the Town and any such person being herein called an"Indemnified Party"),for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims")to the extent that such Claims(or actions in respect thereof)are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do 8 business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended,with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name,to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a"claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with 9 respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A$25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. 10 (2) Contractor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a$2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO,Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be"follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 11 C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Contractor engages in any professional services or work in any way related to performing the work under this Agreement,the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor,or anyone employed by the Contractor,or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire,be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage,payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIz. REV.STAT. §38-511. The Town may cancel this Agreement without penalty or further obligations 12 by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision,the Town shall be entitled,in addition to any other rights and remedies,to recover and withhold from the Contractor an amount equal to 150%of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town,payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 12.7. Upon any termination of the Contract, no further payments shall be due from Town to Contractor unless and until Contractor has delivered to Town any and all documentation required to be maintained by Contractor or provided by Contractor to Town. 12.8. Under no circumstances shall Town have any liability for any costs, expenses, overhead, or profits in relation to any work not actually performed, or for any future or anticipated profits, recovery, damages, expenses, or loses. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner,joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors. The Contractor,and not the Town, shall determine the time of its performance of the Services provided under this Agreement so long as Contractor meets the requirements of its agreed Scope of Work 13 as set forth in Section 2 above and in Exhibit B. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Contractor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Contractor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Agreement by Contractor. 14 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Contractor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses,determined by the court sitting without a jury,which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity,the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees,transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail,registered or certified,return receipt requested,to the address set forth below or(C)given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager 15 With copy to: Town of Fountain Hills 4711 East Falcon Drive, Suite 111 Mesa,Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Red Hawk Solutions, LLC P.O. Box 87689 Phoenix,Arizona 85080 Attn: Michael Wendtland or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Agreement. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under subsection 13.17 below, Contractor's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations)incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended,the Town shall have access to said Records, even if located at its subcontractors' facilities,from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant 16 to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ.REV. STAT. § 41-4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ.REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, the Fee Proposal, the RFQ and the Contractor's SOQ,the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. 13.22 Special Provisions. The Contract created by this request and the resulting request for qualifications will automatically renew for up to four successive one-year terms,unless the Vendor notifies the Town in writing of its desire to terminate the Contract. If extended, the then-current prices shall be applicable during the subsequent renewal year unless the Vendor notifies the Town in writing of any rate increase and the Town approves the increase with an authorized signature,prior to the end of the then-current term. 17 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Mil r, To Manager ATTEST: E zabeth . rke, Town C rk APPR D AS TO FORM: Aaron D. Arnson. Town ttorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On LMO,Jt-C k\ l , 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be,and acknowledged that he signed the above document,on behalf of the Town of Fountain Hills. OFFICIAL SEAL - n PATRICIffAJoTL C,l �( 91) -TCO C�� Commission#521340 Notary Public-Slate of Arizona Notary Public MARICOPA COUNTY 61y Comm.expires Dec.8,2020 ) (Af y sea ere [SIGNATURES CONTINUE ON FOLLOWING PAGES] 18 "Contractor" RED HAWK SOLUTIONS, LLC, a(n)Arizona limite liability company By: /l Name: tAI (- (f\6, �UJ' T e .L 0 p NI\ ``,.o ',-)*) /Iv 'e At\ f_3 - Title: 3 (ACKNOWLEDGMENT) STATE OF I9rI ) Mai' ss. COUNTY OF /�`ai' CO/26 ) " I Wed On Ih/UGe i, �8+c� ,2019,before me personally appeared//thae/ u�ld the 0 f/? /Qjhhe,- of RED HAWK SOLUTIONS, LLC, a(n) Arizona limited liability compan whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. VEDRANA PROHASK (6A-. A t Notary Public-State of Arizona MARicoPACOUNTY ary Public • ' My Commission Expires April 19,2021 (Affix notary seal here) j 19 "Contractor" RED HAWK SOLUTIONS, LLC, a(n) Arizona limite liability company By: Name: C, ( �'�—_' j6 U ) T c, U / 06, • 2/2_6/ "L 0 IV\ 1\NI\ iv‘e Ak 56 Title: 3 (ACKNOWLEDGMENT) STATE OF bun c1 ) ss. COUNTY OF //�Cri r yy� On rua r 02� ' , 2019,before me personally appeared. ith e cL//(,/� the a jr7G//+ i, ,-, of RED HAWK SOLUTIONS, LLC, a(n) Arizona limited liability compan', wfiose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be. and acknowledged that he/she signed the above document on behalf of the limited liability company. VEDRANA PROHASKA OM- "VAPR`dc•Stiae o(M zo,IcOPM1COUNTY ary Public • •.•, • My Commission Expires April 10,2021 (Affix notary seal here) 19 EXHIBIT A TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RED HAWK SOLUTIONS, LLC [SOQ] See following pages. .,,w;--tro Aga '.'vm,n ir 1s, ..o.... s . , , .y,:^ ".,'r .M:«.4:cF,zsxr.*.> + 4rr.al0-4 ,401R0 s. tW W.: r J' ` • .'fir y_ 're.-,' • n T lr'_ ' y'Aiir''YI•.�•, ..r,P#x _..,•_' _ - .anra� _-• -arL;+a,,, .. �... ,'"•`�---. [[++. 4 /w." Ih, _ ..71 411tP"„ ;.,sMgr' '.." .� _ .. , a ..gip,-.. 'x...... �: ".. ,.,w. Y/ .•r �_, .�„gib ♦_ + S a- y-�= ti----,�� ���H�"r. 7srrw�,�..— ,+*car• .,. ^�• .., a-.1.--.Y., 1.---z.... „yTt -:-.-ic-. .s.- -.z sa.. .-; '" +'�""` '--i- - 1 V'R _. .,.--,.. --7-- '.-•�' ui. A---- ��. "./S .J_r.. nil -.'-'^"�w � 1A-. ..,.�i W- t. •.'�-- ,r TA.ar Yam' _,. ''� `. -.�". 7e^. ,�.a,.,..;... ._ 4. � „y, r � 1 p ., ti. "K ... .r ij Fri i fi, CAI Town of Fountain Hills 3 f+�> :. . Aori I ii\,, ,° �� Job Order Contract for '. }•F�r h PO R r � General Construction ., .. Otto .,,� ik 1 Services (CS201 9-006) , that is A��ti Due January 7, 2019 @10:00 AM For More Information: (602) 980-2992 michael@redhawksolutionsaz.com '.i4 • e?`. RED!IAWK - 5 O L U T I O N 5 i • ,, P DHAWK January b, 2019 SOLUTIONS Town Clerk Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 SUBJECT: Job Order Contract for General Construction Services(CS2019-006) Dear Members of the Selection Panel, Redhawk Solutions appreciates the opportunity to submit our qualifications to the Town of Fountain Hills for General Construction Services. Our firm has worked hard to earn a reputation of providing top quality construction and professional services. Some highlights of our proposal include: I. A 10 year history of performing safe, successful on-time JOC projects for the City of Peoria 2. More than 150 successfully completed job orders valued in excess of$5 Million in the last 10 Years 3. Experience serving Fountain Hills, Peoria, El Mirage, Surprise, ADOT, Chandler, Maricopa County and other public agencies,as well as general contractors 4. Ability to perform Job Orders ranging from a few hundred dollars to more than one-million 5. In-house Professional Engineering services Redhawk is licensed in Arizona to offer the following services: Engineering Contractor Commercial Electrical Plumbing Contractor Michael Wendtland,P.E. Class A Contractor Contractor Class K37 Civil Engineer 295206 Class B Class CR 1 I 292140 33806 293109 297977 Mr. Michael Wendtland, P.E. will be Fountain Hills' main point of contact for this contract. Please contact Michael, at (480) 235-6800 if you have any questions regarding this proposal, or alternatively you can e-mail him at michael@redhawksolutionsazz.com or our call our office at(602)980-2992. Sincerely, Redhawk Soluti s LLC Michael Wendtland, P.E. Managing Member RELO/UT.awfA' 'F "There Are No Problems- Only Solutions—Redhawk Solutions" so 1 . General Information (10 Points) 1.1 Vendor Identification Provide Vendor identification information. Explain the Vendor's legal organization including the legal name, address, identification number and legal form of the Vendor(e.g., partnership, corporation,joint venture, limited liability company,sole proprietorship).If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company,provide the name of the member or members authorized to act on the company's behalf.If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation,provide nonprofit documentation.Provide the name,address and telephone number of the person to contact concerning the SOQ. Organization: Redhawk Solutions LLC Mailing Address: PO Box 87689,Phoenix,AZ 85080 Yard Address: 22750 N 2I st Ave,Phoenix,AZ 85027 Entity Type: Arizona Limited Liability Company Managing Members: Donald Kiley,Jr.,Michael Wendtland Federal ID: 46-5403401 Contact Person: Michael Wendtland, P.E. Office(602)980-2992 Cell(480)235-6800 MichaelC redbawksolutionsaz.com 1.2 Description of the Vendor Provide a general description of the Vendor that is proposing to provide the Services,including years in business. Redhawk Solutions is a multi-trade municipal,commercial and industrial contractor. Redhawk was established in 2014 through purchase of the operating assets of ITS Engineers and Constructors. Redhawk and its predecessor firm have been operating continuously for nineteen years, since 2000. Redhawk currently employs more than thirty individuals with annual sales just under five-million dollars. The firm places a strong emphasis on safety and customer satisfaction. 1.3 Service Areas Redhawk's service areas include: • Site Improvements • Commercial&Industrial Tenant Improvements • Outside Electrical • Wet Utilities • Parks&Recreation RED!//1Iti//K SOLUTIONS "There Are No Problems- Only Solutions—Redhawk Solutions" 2 Site Improvements: • Selective Demolition • Debris Removal • Concrete Saw Cutting/Core Drilling • Utility Locating • Vacuum Excavating • Slab and Caisson Footings • Waterlines,Sewer Lines,Firelines • Site Lighting, Electrical Conduits,Communication Lines and Fiber Optics • ADA Upgrades: Ramps/Walkways/Steps • Fencing&Gates Commercial&Industrial Tenant Improvements • Buildings&Improvements • Minor Repairs • Drywall&Painting • ADA Bathroom Upgrades • Buildout Services and HIPPA Improvements for Medical,Dental and Pharmacy Facilities Outside Electrical • Traffic Signals • LED Street Lighting Upgrades • HAWKs and Pedestrian Safety Improvements • Intelligent Transportation Systems and Fiber Optics • 24/7 Traffic Signal&Street Light Outage Response Wet Utilities • Water Service Installation • Sewer Taps • Firelines • Commercial and Industrial Plumbing Parks&Recreation • Spring Training Facility Improvements • Park Restrooms • Bus Stops • Trailhead Improvements • Installation of Manufactured Structures(e.g. Ramadas,Shade Structures,Play Structures) L; SIFpuife,F "There Are No Problems- Only Solutions—Redhawk Solutions" 3 1.4 Redhawk Advantages The JOC Quality Advantage: JOC selection is qualifications based. We strive to learn what the City wants and execute accordingly. We develop in-house punch lists prior to City inspection. We have a strong incentive to provide a quality product and responsive service, or the City will choose a competing JOC contractor or different delivery method. The Redhawk JOC Schedule Advantage: The JOC process allows schedules to be compressed by reducing the amount of time spent on developing detailed designs and pre-ordering long lead materials. The JOC process also provides the City flexibility to prioritize work based on current needs or to accommodate civic events such as Spring Training. Involving the JOC contractor in the design process allows early identification and ordering of critical parts. Establishing a JOC task order can often be completed in a month,while developing a plan set to be bid often takes six months or more. The JOC can also be useful for emergency work. The Redhawk JOC Price Advantage: The JOC process eliminates the need to provide an unrealistically low price to get a job and then find reasons for changes to increase the price. With JOC pricing, realistic final pricing for the job is known at the outset rather than determined at the end after the last change order is processed in a low bid contract. The JOC process can incorporate contingencies to protect both the owner and the contractor in the event of unforeseen changes. The Redhawk JOC Teamwork Advantage: Through collaboration the City can get the exact materials that it wants and virtually eliminate the potential for claims and contract disputes. For the contractor, the JOC is about the long term relationship and not success on a single project.Small jobs are not a problem. The Contractor gets to know City facilities like the fiber optic cable plant and preferences for details. 1.5 Equipment Fleet Redhawk's construction fleet includes nearly fifty pieces of well-maintained machinery. Redhawk Solutions Equipment Schedule Work Trucks Excavating 2016 Ford 3/4 Ton 2018 Cat 416F Backhoe 2016 Ford 1/2 Ton 2018 Cat E 305 Track Hoe 2015 Ford'A Ton 2008 Bobcat 331Mini Excavator 2015 Chevy 1/2 Ton(2 Each) 2004 Bobcat Skid Steer Loader 2011 Chevy 3/4 Ton 2018 Cat 416 F Backhoe 2007 Ford F550 Bucket Truck 1993 Kubota Subcompact Excavator 2006 Chevy One Ton(3 Each) 1998Kubota B21 Tractor 2006 Dodge Sprinter 1996 Case Skip Loader 2004 Ford F550 Bucket Truck 1994 Case 3 Yard Loader Heavy Trucks Vacuum Excavating/Potholing 2010 Ford F450 Dump Truck Ditch Witch FX 30 Vacuum Excavator 2006 Ford LCV Welder/Mechanic Truck Ditch Witch FX 60 Vacuum Excavator 1999 Freightliner FL70 Boom Truck Arrow Board (2 Each) 1996 Ford Digger Derick 90 CFM Air Compressor(2 Each) 1994 International Dump Truck AEDIIAIVK "There Are No Problems- Only Solutions—Redhawk Solutions" 4 •O1.0710NO Redhawk Solutions Equipment Schedule Trailers Specialized Equipment Equipment Transport(3 Each) Yale 6000 Lb.Fork Lift(I Each) 40'Cargo Container(5 Each) Scissor Lift(3 Each) Cable Reel Trailer(1 Each) Condux Fiber Optic Puller(1 Each) Pole Transport Trailer (1 Each) AFL OTDR(2 Each) Water Trailer(1 Each) Fiber Optic Fusion Splicer(2 Each) Dump Trailer(1 Each) Sewer Camera System(1 Each) Light Plant(1 Each) 30"Concrete Saw(1 Diesel, I Electric) 150 KW Cat Diesel 480Volt Generator(1 Each) Ditch Witch Trencher (1 Each) 2 Ton Asphalt Roller(I Each) 1.6 Vendor Statements Identify any contract or subcontract held by the Vendor or officers of the Vendor that has been terminated within the last five years.Briefly describe the circumstances and the outcome. NONE Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome. Redhawk has not been involved in any litigation or arbitration involving a public agency. As a commercial 0 contractor, Redhawk uses the civil justice system to enforce its rights under the Arizona's Mechanics Lien Laws and Prompt Payment Act. Identify whether Vendor has been debarred by any federal, state or Iocal government entity within the last five years,including the government entity,the circumstances of the debarment determination,whether the debarment is still in effect,and contact information for the debarring office and officer. Redhawk Solutions has never been debarred by any federal,state or local government entity. !� i ci i r , c (1; , 1." 1 ' RfOf1AwK "There Are No Problems- Only Solutions—Redhawk Solutions" 5 •n..ur.oww 2. Experience and Qualifications of the Vendor - 30 pts. Provide a detailed description of the Vendor's experience in providing similar services to municipalities or other entities of a similar size and in a similar climate to the Town within the past five (5) years, specifically relating experience with respect to Services. Outdoor Electrical Peoria Phase IV Neighborhood LED Street Light Upgrades Peoria Traffic&Lighting JOC Mr.Donnie Gauthier City of Peoria On-Going $511,000 Public Works Supervisor 8401 West Monroe Street, November 2018-June 2019 Direct:(623)773-7477 Peoria,Arizona,85345 Donn ie.gauthier(aipeoriaaz.gov • Redhawk is replacing 249 direct buried street light poles installed in the 1970s and earlyriar t* 1980s with new poles and energy efficient LED ' 30 fixtures. `: :.„ 111. P • The work includes installing a junction box to ,'y r ono, provide a demarcation between APS facilities and City Owned facilities. . >ti 4 • New photo electric controls and overcurrent f= 'l$`, fr �t protection are also installed. Additional Street Lighting Experience OWNER PROJECT DESCRIPTION VALUE Peoria Neighborhood Street Light Pole Replacements, LED Fixture Installation S1,441,593 $155,625 Country Meadows $197,535 Parkview West& Westfield Gardens $108,831 Sun Town Estates $31,793 Northern Avenue Solar Lighting $32,673 Grand Avenue Vandal Repair $39,136 Ill'''Avenue Quick Response Street Lighting $365,000 Phase 2 and Phase 3 Neighborhood Lights Olive to Peoria $511,000 Phase 4 Neighborhood Street Lights Peoria to Cactus Peoria Street Light Emergency Repair: $350,000 Remove damaged street light poles and replace with new poles. Retrofit older street light installations with in-ground j-boxes. 97 Emergency Repair Tasks performed to Date Chandler Streetscape Lighting: S1,275,381 52 Decorative Roadway& Pedestrian Light 34 Tree Lights and 100 Holiday Light Outlets Two 42 circuit service pedestals. REDHAWK "There Arc No Problems- Only Solutions—Redhawk, Solutions" 6 City of El Mirage Traffic Signal Maintenance El Mirage,Arizona Mr.Wayne Smith City of El Mirage On-Going $6,000/month Operations Superintendent 10355 N 121st Ave, July 2016-July 2021 (623)876-4237 El Mirage,AZ 85335 wsmithaelmirageaz.eov • Provide monthly preventative maintenance for 19 traffic signals. • Provide regular preventative maintenance for six school zone and fire station flashers. t - { r U . - u '.`mil • Provide 24/7 response to traffic signal emergencies. �, � .r � , FA �r �l • Repair damaged traffic signal equipment due to motor vehicle —- collisions. ' I Gilbert Road& Powell Place Traffic Signal Chandler,Arizona C) Hector Peralta City of Chandler September 2017 to January 201 a $279,000 Traffic Signals/Streetlight P.O.Box 4008 Supervisor Chandler,AZ 85244-4008 Office:(480)782-3456 Cell:(602)639-1486 hector.peralta@chandleraz.gov • Redhawk installed a new traffic signal at this _ commercial shopping center driveway entry. !, • The intersection included video detection emergency ri vehicle preempt and a battery backup system. _` • Internally illuminated street name signs and ADA \\1441111k..• compliant pedestrian pushbuttons were provided. • SRP conduits were extended to the intersection and a new metered service pedestal was installed. Powell Place @ Gilbert Road REDf/Aror.aWK "There Are No Problems- Only Solutions—Redhawk Solutions" 7 •c�ur ( Peoria Happy Valley Road and Vistancia Blvd.Intersection Improvements Peoria,Arizona Mr.Geoff Zinnecker,P.E. City of Peoria On-Going 8347,000 Civil Engineer 8401 West Monroe Street, June 2018-February 2019 (623)773-7293 Peoria,Arizona,85345 geoffrey.zinnecker@peoriaaz.gov • Remove 1300 LF Curb&Gutter �.,. • Reconstruct Medians 'Y • Construct ADA Ramps 4 • • Curb&Gutter • • i a tl • Install '/.Mile APS Conduit • Utility Potholing ,�, . _ • Directional Drilling _ `'`� °1 • Regrade drainage swale • Signing&Striping ' ` • Traffic Signal • Fiber Optic Communications w �'� i r 44 a t r w p • c, r I, r- • ice r� j 0 Town of Quartzsite HAWK Pedestrian Safety Beacons Ms.Mindy Hunt Town of Quartzsite February 2017 September 2017 S99,000 Finance Director 465 North Plymouth Avenue (928)927-4333 Ext.303 P.O.Box 2812 mhunt@aua tzsiteAZ.otr, Quartzsite,Arizona 85346 HAWK Pedestrian Safety Beacons W. ....ill.* "'— -� �" r�.�vY,- � G'�;;;�,aYn+... 9 :. 1. •4 • Redhawk installed a two HAWK pedestrian safety beacons on miw l' Main Street in this Western Arizona Community. M • The project used Town Furnished Traffic Signal Poles and -' Control Cabinets to keep capital costs low. r`: ,� . as • The work included construction of ADA Ramps. r MI • Coordination with APS and the Engineer was required to resolve / an overhead utility conflict at one of the traffic signal pole k;,�.._.�,, , ,,' locations. iit . . _ , • The work included striping and removal of conflicting roadway signage. ( REDllAWK "There Are No Problems- Only Solutions—Redhawk Solutions" 8 ••\YTION• kMr Excavating & Site Utilities Glenn Arbor Apartments Glendale,Arizona .Mr.Ed Williams Glen Arbor Apartments May 2018- November 2018 S114,763 CAVS Construction LLC 2250 W.Glendale Avenue 10117 SE Sunnyside Rd#F545 Phoenix,AZ 85021 Clackamas,OR 97015-7708 Phone:(702)234-9961 CAVSConstruction@gmail.com Addition of 16 units to Existing Apartment Complex • Site Utilities -,. :• Install 8"Fire line �4. W • Install Fire Hydrant A 4' .r ---1 • Install Sewer Tap =�.` • Asphalt Repair . Yam.�..:A • Reconstruct Driveways for ADA Access —�— .0., . • Construct Curb,Gutter and Sidewalk • Provide Traffic Control and Off-Duty Officers 4 i C Phoenix International(ISM)Raceway Avondale,Arizona Mr.Tony Cecchin Phoenix International April 2018—December 2018 $67,174 Project Manager Raceway Harris Mechanical LLC 7602 S Avondale Blvd. 2225 W Parkside Ln Avondale,AZ 85323 Phoenix,AZ 85027-1243 Tcecchin1 harriscom®anv,com (480)828-9652 . *0' Rt:r.A.f "There Are No Problems- Only Solutions—Redhawk Solutions" 9 so� I 11 Phoenix International(ISM)Raceway Avondale,Arizona Mr.Tony Cecchin Phoenix International April 2018—December 2018 S67,174 Project Manager Raceway Harris Mechanical LLC 7602 S Avondale Blvd. 2225 W Parkside Ln Avondale,AZ 85323 Phoenix,AZ 85027-1243 Tcecch inaharri scomnanv.com (480)828-9652 Grandstand and Midway Building F :4,e ,1 Improvements ,`' • Core Drilling r !IL• Saw Cutting ,t- .,.,;,, .. . 4 . .!% . ; 4 ot� ti �, I-'�',.:a,s • Utility Trenching s • Plumbing Trenches • Backfill /4/1 • Compaction Testing .;, c Luke Air Force Base Mr.David Williams Luke Air Force Base October 2018-November 2018 S26,727 Project Manager 7071 N. 138th Avenue Harris Mechanical LLC Luke Air Force Base,AZ, 2225 W Parkside Ln United States 85309 Phoenix,AZ 85027-1243 DSWilliams@harriscomnanv.com (480)250-8896 Luke Air Force Building AMU 5 Building • Concrete Saw Cutting L , .4.`, 4y t ya - ! _ . • Core Drilling ..;:. . I-- .,,. _.. a •'w.. • Plumbing Trenching • Backfill • Compaction . ., • ... 41$. RED:Mif "There Are No Problems- Only Solutions—Redhawk Solutions" 10 so�uteor+s Safety & ADA Improvements City of El Mirage HAWK Crosswalk In-Pavement LED Warning Lights El Mirage,Arizona Mr.Bryce Christo,P.E. City of El Mirage November 2018 to S38,000 Assistant City Engineer 10000 N El Mirage Road December 2018 bchristo(gelmirageaz.eov El Mirage,AZ 85335 (623)876-2974 • Furnish& Install In-Pavement LED Pedestrian Warning Lights +r5 4 • Improve School Crossing Safety , o El Mirage Road.&Soledad Road o 1271"Ave&Cactus Road • Asphalt Saw Cutting ;r- • Control Circuits City of Surprise Fire Station #301 Remodel Jeff Martin City of Surprise May 2015 to June 2015 $19,180 Project Manager Public Works City of Surprise 16000 N.Civic Center Plaza (623)222-6026 Surprise,AZ 85374 ,lef erv.Martint suroriseaz.gov • Remodel Men's and Women's Restrooms • Provide ADA Accessible Shower Facilities • Install Floor Drains a ��Atr4, is .x� a • Ceramic Tile Shower Surrounds ��- i' • Repaint Restroom Areas . =7 $j," RED T i o.• "There Are No Problems- Only Solutions—Redhawk Solutions" 1 I (M ) Commercial & Industrial Plumbing Canyon State Academy Queen Creek,Arizona Mr.Brad Williams Canyon State Academy March 2017 April $379,299 Colarelli Construction Inc 20061 E.Rittenhouse Road 2018 111 S Tejon St Ste 112 Queen Creek,AZ 85142 Colorado Springs,CO 80903-2247 Phone:(719)475-7997 Brad.wi I l i ams(iricolarel l i co nstru ct ion.com • Ground Up School Facilities • Site Utilities , ` o Water/Sewer - 1. t. , o Electric/Fiber Optic - f° . f • Commercial Plumbing 4.1 i%' 4 • Rough-In Plumbing • Roof Drains • Install Plumbing Fixtures, Urinal, Water Heater and lavatory sinks. Pilot Truck Stops —_ ____ ----__--_.--_____-_-, Avondale,Arizona m. Quartzsite,Arizona ' *�t x Kingman,Arizona Queen Creek,Arizona Mr.John Sappington Pilot Flying J Travel Centers Quartzsite:3/18-6/18 $124,500 AnCor Inc.Of New York(FN) LLC Avondale: 12/18—3/19 $15,000 831 James St Fl 2 5508 Lomas Drive Kingman: 1 2J18—6/19 $30,000 Syracuse,NY 13203-2512 Knoxville,Tennessee 37909 Phone:(315)233-1300 jsaooineton@ancorinc.com • Provide Site Utility and Commercial Plumbing Services at Multiple Truck Stop Locations in Arizona l '-- - .27 I: • Install Septic Systems 4k , .� � 1l 7. • Install Grease Interceptors r ° f ",: . 1ti'1 • Construct Plumbing and Site Utility Improvements for Oil Change Facilities • Remodel Restroom&Shower Rooms ': • Install Compressed Air Lines for Tire Inflation Y' ..�' .. EOS Fitness SRED/lAawsWK "There Are No Problems- Only Solutions—Redhawk Solutions" 12 ■atur� Ms.Jennifer D'Alessio EOS Fitness October 2018 to March $164,475 DC Building Group 1728 S.Greenfield Road 2019 101 E Warm Springs Rd Mesa,AZ 85206 Las Vegas,NV 89119 (702)434-9991 JenniferD@BuildWithDCBG.com Health Club Tenant Improvements • Tenant Improvement Plumbing ,. COS i41,44.1.4,i J Services for a New Gym in Existing ...Otte.*f Y t.. CCM I.t LX MCA"Pl Wtgl Commercial Spaces ."""' " _- wunra:oxr '41 me4" • Concrete Cutting a .. Er .., _._._... r ,i ., • Plumbing Rough In "" __ - • Restrooms, Showers, Drinking =; c -.. - .. �_ ,_ ivy- i Fountains :,i qy,.--cr - • HVAC Condensate Lines ».. , Walmart Mr.David Heinze Glendale:Walmart#3465 May--November 2017 $72,236 Walkcon Inc. Avondale: Walmart 02554 Sept.-October 2017 $53,123 C' 6091 White Settlement Rd Chandler: Walmart#3360 April-September 2018 $105,726 Weatherford,TX 76087-6837 Mesa:Walmart#2482 May-December 2018 $88,823 Phone:(817)560-6800 Chandler:Walmart#2671 June-September 2018 $99,726 Cell(817)905-2074 dheinze@walkcon.com , • Provide Commercial Tenant Improvement W Services at Multiple Walmart Locations 3- 1-.4+;' ��, r�. `912 • Pharmacy Remodels ' G • Restroom Remodels - }•- ?';, f r • Concrete Cutting - .or • Drain,Waste Vent and Water Supply H ` Rough in • Condensate Lines for HVAC,Freezer Cases,and Walk-in Coolers k Sp ifELKI. "There Are No Problems- Only Solutions—Redhawk Solutions" 13 r O Parks & Recreation Pima Canyon Trailhead South Mountain Preserve Phoenix,AZ Ms.Patrice Minetta Pima Canyon Trailhead June 2017 to February 2018 $39,803 Controller 4500 E Pima Canyon DNG Construction LIC Phoenix,AZ 85044 3933E La Salle St Phoenix,AZ 85040-3943 Phone:(480)361-9137 Dminetta('idnellc.corf • Restroom Remodels • Concrete Cutting • Drain, Waste Vent and Water Supply Rough in • Cast Iron Piping • Copper Piping • Stainless Steel Fixtures • Restroom Fixtures& Plumbing Trim 1i C Peoria Sports Complex Peoria,AZ Mr.Jim Hartley Peoria Sports Complex December 2017 S19,729 Seattle Mariners 16101 N.83rd Avenue (918)244-8006 Peoria,AZ 85382 ihartlevA mariners.com • Install underground communications& ' '� electrical conduits and boxes • Install video coaching system - -,�. - • install fiber optic cabling - _ • Install Ethernet backbone and Wifi routers - . . • Install CCTV Technology ,. t ittp.xtEDl�u e�o/AwK N■ "There Are No Problems- Only Solutions—Redhawk Solutions" 14 ao Skyline Park Buckeye,Arizona Mr.KaHn Adams Skyline Regional Park August 2015 — November $75,950 Skanska U S A Civil West 2600 N.Watson Rd. 2015 California District Inc. Buckeye,AZ 85396 1995 Agua Mansa Rd Riverside,CA 92509-2405 Phone:(951)684-5360 ka_dams@skanska.com • Install Septic System ,, -« --.:.w.t--4-,- r., ---1 .4,--':4.-.- -,-.,•. .-- • Install Potable Water Storage . ' ,„ : � . ? s- , Tank . �., ti r . • Install Pressure Tanks&Pumps el • Construct ADA Restroom a.10,17 ��. e . .v s � ,o- �, Facilities --r -1.:' PARK iri'" ^.rlllO r�+atfdi ItuO ... • Toilets, Urinals, Lavatory, Mop a Y �= -....,,, � - Sinks • Solar Powered HVAC Cr 3. Contractor License Information Provide license number, classification, and issuance date all licenses issued by the Arizona Registrar of Contractors applicable to any of the Services for which the Vendor is submitting an SOQ. Inability of the Town to verify proper licensing may result in the SOQ being considered non-responsive. Engineering Contractor Commercial Electrical Plumbing Contractor Michael Wendtland,P.E. Class A Contractor Contractor Class K37 Civil Engineer 295206 Class B Class CR II 292140 33806 Issued 2014 293109 297977 Issued 2014 Issued 1996 Issued 2014 Issued 2015 it ! ! Oft `[ -c` r r 1'"" ,r: Cc. ' - i i .f,ii et i ; Ithr r_ • j( - ,,:- , REDHAWK "There Are No Problems- Only Solutions-Redhawk Solutions" 15 SOLUTto N• 4. Key Positions 10 pts (1) Identify each key personnel member that will render services to the Town including title and relevant experience required,including the proposed Project Manager and Project Engineer. (2)Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. Name Years in Certifications Experience Industry Senior Management Michael Wendtlanrl,P.E 35 Professional Engineer • Peoria JOC Traffic Signals Project Manager Licensed Contractor • LED Street Lighting IMSA Traffic Signals I&II • Fiber Optics IMSA Street Lighting i&lI • Ground Up Residential Development Don Kiley, 32 Licensed Contractor • Peoria JOC General Superintendent IMSA Traffic Signals I&Ii • Arizona Avenue Strcetscape Lighting Darin Doty, 28 28 Years in Plumbing and • Commercial Plumbing Safety Program Manager Wet Utilities • Walmart Remodels Wet Utility do Plumbing • EOS Fitness Superintendent • Pilot Truck Stops Bob Baker, 31 AZ Blue Stake E-Stake • Peoria JOC .IOC Coordinator OSHA 10 Hour • Utility Coordination Purchasing • Gilbert&Powell Traffic Signal Andrea Bela, 18 18 years of Accounting and • General Ledger Accounting C Accounting Manager Financial Management • Payroll Experience for Mechanical, • Accounts Receivable HVAC and Electrical • Accounts Payable Contractors Charles Brodie, 42 Hands-on Welding and • Metal Fabrication Fleet Maintenance Mechanical Experience • Diesel Mechanic Manager • Small Equipment Mechanic Ruth Morris, 26 Bachelor of Arts, University • Web Design Marketing Coordinator of Wisconsin • Search Engine Optimization • Social Media Dry Utility/Electrical Team Cliff Buckets, 35 IMSA Traffic Signals i&iI • Peoria JOC Electrical Foreman OSHA 10 Hour • El Mirage Traffic Signal Maintenance Curt Schuetler, 16 Sixteen years of experience in • Arizona Avenue Traffic Signals Electrician the commercial electrical • LED lighting upgrades trade • Chipotle Restaurant Tenant Improvements Rick Parker, IS IMSA Traffic Signals 1&Il • Peoria JOC Fiber Optic Foreman ETi Fiber Certification o Fiber Inventory o Fire Station#193 Fiber o Ventana Well Fiber j o 89/Union Hills Fiber Talisha Tom, S FNT Fiber Optic Training • Submittal,As-Built&Project Closeout Support Fiber Optic Technician OSHA 10 Hour • Intel,Chandler Arizona • Utility Installation Xavier Perzutto, 41 CDL • Peoria JOC Street Lighting Lead Lighting Installer OSHA 10 Hour • Glendale 51"Avenue Lighting "1,000+Poles Installed" • Rusty Pole Replacement REDffAWK "There Are No Problems- Only Solutions—Redhawk Solutions" 16 Excavating Team Roger Navarro, 21 CDL • Peoria.10C—Neighborhood Street Lighting Excavating Foreman OSHA 10 Hour • Curb,Gutter,Sidewalk • Site Prep Mike Hackett, 4 CDL Driver • Quartzite Main Street,HAWKs Utility Foreman Equipment Operator • Luke Air Force Base Vacuum Excavating • SRP Tempe Wet Utilities Lucas Allee, 14 Fiat Sawing • EOS Fitness Utility Trenches Saw-Cueing Foreman Core Drilling • Luke Airforce Base Wall Sawing • Phoenix International Raceway Christian Martinez 19 Backhoe • Marriott Desert Ridge Equipment Operator Track Hoc • EOS Fitness Mesa Skip Loader • Hams Mechanical Marana Medical Center Jamie Whedbee, 18 Dump Truck • Arizona Avenue Electrical Trenching Equipment Operator Backhoe • Intersection Improvements:Happy Valley&Vistancia CDL Driver Track Hoe Jacob Raet, 14 CDL Driver • Materials Transport CDL Driver Vacuum Excavating • Equipment Transport Equipment Operator Utility Locating Armando Gonzales, 9 Vacuum Excavator • Utility Locating Vacuum Excavator Potholing • LED Street Light Pole Replacements Wet Utility&Plumbing Team William Pena 30 Commercial Plumbing • Pilot Truck Stop Kingman Foreman Wet Utilities • EOS Fitness Juan Isqueda 28 Gas Lines • Hilton Pointe Tapatio Cliffs Journeyman Drain,Waste Vent Systems • World of Life Church Water Supply ) Ricardo Ramirez, 25 Commercial Improvements Restrooms • Deer Valley Airport Hanger#8 JourneymanADA • • Carrington College Roof Drains • Chapman Chevrolet Site Utility Site Utilities James Reddacks, 23 Commercial Tenant • Luke Air Force Base Journeyman Improvement Plumbing • North Valley Dermatology Commercial Ground Up • Phoenician Hotel Commercial Kitchen Plumbing Victor Hernandez, 14 Drain,Waste Vent Systems • Glenn Arbor Apartments Fire Line Plumber Water Supply • APS Casa Grande Service Center Fire Supply Lines • Phoenix International Raceway General Construction Team Duane Humphries 30 30 Years of Masonry and • Block Walls Construction Experience • Concrete Foundations Kwasi Paku 12 Twelve Years of General • Demolition Construction Experience • Drywall Assembly • Painting Anthony Martinez, 3 Clean-Up,Demolition and • Selective Demolition Laborer Detailing Experience • Clean-Up Anthony Hoff, 2 Selective Demolition • Materials Handling Laborer Materials Handling • Assembly ti REDHAWK "There Are No Problems- Only Solutions—Redhawk Solutions" 17 •OLUTIONS Snh-('oilinctor Selection Criteria 5. Safety Record • The firm has a written safety program. • The firm provides adequate personal protective equipment. • The firm's NCCI workers compensation experience modification factor meets our risk manager's safety requirements. 6. Insurance • The firm maintains insurance with limits that meet or exceed the City's requirements. • The firm is willing and able to name Redhawk and the City as additional named insured. • The firm is willing to provide a waiver of subrogation. • The firm provides adequate personal protective equipment. • 7. Financial Strength&Bondability • The firm has financial statements that have been compiled, reviewed or audited by a CPA. • The firm has been in business for two or more years. • The firm's shareholder equity is positive. • The firm's quick ratio exceeds unity. • The firm can provide performance and payment bonds for larger projects. • The firm is not subject to bankruptcy proceedings. 8. SBE/DBE Certification • The firm maintains the appropriate certification status in the AZUTRACS system when a funding source that requires a SBE/DBE set aside goal is utilized. p' lt '' M ' ' r r r' \ ;'''' I - - '•' .,�, , R A broad range of in-house capabilities reduces the need to far sub-contracted services. R£LIHAWK "There Are No Problems- Only Solutions—Redhawk Solutions" 19 SOLUTIONS 5. Subcontractor Selection If a subcontractor will be used for all work of a certain type,include information on this subcontractor.A detailed plan for selecting subcontractors and providing supervision must be included. 5.1 Sub-Contracted Services During the last calendar year,Redhawk self-performed 93%of all project work in-house using the company's full time staff. Redhawk selects sub-contractors based on job order specific needs. Work that is commonly sub- contracted would include: Sub-Contracted Trades:General Engineering • Traffic Control, Barricades,&Off-Duty Law Enforcement Services • Directional Drilling • Pavement Marking • Milling&Large Scale Paving/Surfacing Sub-Contracted Trades:Commercial Construction • HVAC • Fire Sprinklers • Major Drywall • Flooring • Doors/Windows/Glazing • Roofing • Cabinets/Millwork/Countertops 5.2 Sub-Contractor Selection Plan Redhawk understands the value of partnering with sub-contractors to deliver a complete project.Once a scope of work is identified,tasks that are to be sub-contracted are listed and outreach to potential sub-contractors begins. We use a prequalification system that is fully compliant with Arizona Title 34-603. Still-Contractor Selection Criteria 1. Quality of Work • Firm must possess proper license for the work being performed. • Firm must provide favorable references. • History of claim and litigation free performance. 2. Ability to Meet Schedule • Firm has history of on-time project completion • Firm has sufficient staff to complete the task • Firm has the right equipment available to complete the task. 3. Past Performance(Redhawk&Peoria) • Redhawk has had favorable experience with the firm in the past. • Our client has had a favorable experience with the firm in the past. • Other clients with similar project needs have had favorable experiences with the firm. 4. Value • Pricing is consistent with budgetary expectations. • Pricing is reasonable and fair. rREWlA�ar+W( "There Are No Problems- Only Solutions—Redhawk Solutions" 18 •o�u • C Appendix A • • C Vendor I t • Form IFLOurio WwrK "There Are No Problems- Only Solutions—Redhawk Solutions" 20 ro TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2019-006 IV.Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed the entire RFQ, including Appendix 1 and Appendix 2, if awarded the Agreement, agrees to be bound by all terms and conditions contained therein. Redhawk Solutions LLC 46-5403401 VENDOR SUBMITTING SOQ FEDERAL TAX ID NU BER Michael Wendtland, Managing Member PRINTED NAME AND TITLE AUTHORIZED SIGNATURE (602) 980-2992 PO Box 87689 ADDRESS TELEPHONE FAX# Phoenix, AZ 85080 January 7, 2019 CITY STATE ZIP DATE accounting@redhawksolutionsaz.com WEB SITE: Redhawksolutionsaz.com E-MAIL ADDRESS: ROC License Numbers and Classifications: Class A: 295206: Class B2: 293109 Electrical Class CR11: 297977, Plumbing Class K37:292140 SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES(check appropriate item(s): Small Business Enterprise(SBE) Minority Business Enterprise(MBE) Disadvantaged Business Enterprise(DBE) Women-Owned Business Enterprise(WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? if yes,please provide details and documentation of the certification. No • 945164.3 iv EXHIBIT B TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RED HAWK SOLUTIONS, LLC [Scope of Work] See following page(s). Vendor may be asked to provide some or all of services of installation, demolition,removal and disposal of the following: a. Buildings & improvements b. Slabs/foundations c. Walls/flooring/roofing d. Debris e. Doors/windows f. Canopies/shades g. Ramps h. Steps i. Fences/gates j. Playground equipment and surfaces k. Sport fields,turf, bleachers and structures 1. Plumbing/sprinklers m. Lighting n. All wiring,plumbing, conduit o. Fixtures and equipment p. Park benches,ramadas and picnic tables q. Other construction-related projects and materials as needed EXHIBIT C TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RED HAWK SOLUTIONS, LLC [Sample Job Order] a pm fi• , r • _• TOWN OF FOUNTAIN HILLS, ARIZONA Community Services Department JOB ORDER Job Order No. Contract No. Project No. THIS JOB ORDER is made and entered into on the day of , 20 , by and between Town of Fountain Hills,an Arizona municipal corporation("Town")and the"Contractor"designated below. This Job Order is entered in to pursuant to and incorporates herein the terms and provisions of the Job Order Master Contract No. , dated , 20_, between Town and Contractor ("Master Contract"). Upon full execution of this Job Order,the Job Order,together with the Master Contract(including all of the Contract Documents as defined therein), shall be the Contract between the Parties for the construction work specified herein ("Work"). Town and Contractor agree as follows: TOWN: Town Project Manager: Telephone: Fax: E-mail: CONTRACTOR: (Name) (Address) Arizona ROC No.: Federal Tax ID No.: Contractor Representative: Telephone: Fax: E-mail: DESIGN PROFESSIONAL: (Name) (Address) Design Professional Representative: Telephone: Fax: E-mail: PROJECT DESCRIPTION: PROJECT SITE ADDRESS/LOCATION: SCOPE OF WORK AND PROJECT SCHEDULE/DURATION: Attached Exhibit A (Including any Preconstruction and/or Design Services under Article 17) CONTRACT PRICE FOR WORK: The Fixed Price of$ ; or Guaranteed Maximum Price/GMP(Open Book)of$ LIQUIDATED DAMAGES(IF ANY): [PM to Check any that apply] Substantial Completion Amount$ /day Final Completion Amount$ /day Pursuant to MAG§ 108.9 CONTRACTOR'S MARK-UP AND PROJECT SCHEDULE OF VALUES Attached Exhibit B UNIQUE INSURANCE AND/OR BOND REQUIREMENTS(IF ANY): Attached Exhibit C UNIQUE PROJECT SPECIFIC CONDITIONS(IF ANY): Attached Exhibit D LIST OF PROJECT PLANS AND SPECIFICATIONS(IF ANY): Attached Exhibit E the parties hereto have ex ecuted this Job Order through their dulyauthorized IN WITNESS WHEREOF, g representatives and bind their respective entities as of the effective date. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Signature Name Title ATTEST: Signature Name Title "CONTRACTOR" 'Name] Signature Name Title EXHIBIT A—SCOPE OF WORK AND PROJECT SCHEDULE/DURATION 1. Scope of Work: 2. Schedule: EXHIBIT B—CONTRACTOR'S MARK-UP COEFFICIENTS AND PROJECT SCHEDULE OF VALUES {To be provided by Contractor for each Job Order in the following form) Self-Performed work(including any direct purchases or other miscellaneous costs to the JOC)— Mark-up Direct Cost of the Individual Project(Delivery Order)Value $0-$49,999 $50,000- $100,000- $200,000- $500,000- $1,000,000+ $99,999 $199,999 $499,999 $999,999 Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> Subcontracted Work—Mark-up Direct Cost of the Individual Project(Delivery Order)Value $0-$49,999 $50,000- $100,000- $200,000- $500,000- $1,000,000+ $99,999 $199,999 $499,999 $999,999 Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> [continued on next page] Project Schedule of Values (Sample) SUB-CONTRACTOR 1 GENERAL CONDITIONS OR SUPPLIER PROJECT MANAGER hours per week $0.00 FIELD SUPERVISION hours per week $0.00 TEMPORARY FACILITIES(attach a list of specific cost $0.00 breakdown) SITE SAFETY $0.00 EQUIPMENT RENTAL(attach a list of specific cost $0.00 breakdown) PERMITS $0.00 Sub Total-GENERAL CONDITIONS $0.00 SUB CONTRACTOR COSTS 2 SITE WORK $0.00 3 CONCRETE $0.00 4 MASONRY $0.00 5 METALS $0.00 6 WOOD&PLASTICS $0.00 7 THERMAL&MOISTURE PROT. $0.00 8 DOORS&WINDOWS $0.00 9 FINISHES $0.00 10 SPECIALTIES $0.00 11 EQUIPMENT $0.00 12 FURNISHINGS $0.00 13 SPECIAL CONSTRUCTION $0.00 14 CONVEYING SYSTEMS $0.00 15 MECHANICAL $0.00 16 ELECTRICAL $0.00 Sub Total-SUB CONTRACTOR COSTS $0.00 SCOPE OF SELF PERFORMED WORK:(describe) LABOR COST for SELF-PERFORMED WORK: $0.00 MATERIALS COST for SELF-PERFORMED WORK: $0.00 OTHER MISC COSTS (describe) $0.00 $0.00 Sub Total-SELF-PERFORMED WORK AND $0.00 OTHER MISC COSTS ALLOWANCES OR CONTINGENCY AMOUNTS $0.00 (PROVIDE LIST) GRAND TOTAL $0.00 EXHIBIT C—UNIQUE INSURANCE AND/OR BOND REQUIREMENTS(IF ANY) (Provide any additional insurance requirements beyond the Standard Insurance Requirements, and/or bond requirements for the Project once approved by to confirm adequate insurance and bond coverages for this Project] EXHIBIT D—PROJECT SPECIFIC CONDITIONS (To be completed by PM from the specific Project requirements and specifications) EXHIBIT E—LIST OF PROJECT PLANS AND SPECIFICATIONS(IF ANY): {To be completed by PM if applicable) ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/18/2019 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 have ADDITIONAL INSURED provisions or 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: Michelle Reif Crest Insurance Group, LLC PHONE FAX - 5285 E Williams Cir. Ste 4500 (A/C.No.Ext):480-391-7349 (A/c,No): Tucson AZ 85711 ADDRESS: mreifc@crestins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Columbia Casualty Company 31127 INSURED REDHSOL-01 INSURER B:Selective Insurance Co of America 12572 Red o 8768 689 Solutions LLC B PO BoxxINSURERC:CopperPoint National Insurance Company 13929 Phoenix AZ 85080 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:26828130 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DDIYYYY) B X COMMERCIALGENERALUABIUTY Y Y S 2304461-00 2/20/2019 2/20/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X 12-. LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y S 2304461-00 2/20/2019 2/20/2020 COMB aacciINdent)ED SINGLE LIMIT $1,000,000 (E X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR S 2304461-00 2/20/2019 2/20/2020 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$$n no $ C WORKERS COMPENSATION Y 1020391 2/20/2019 2/20/2020 X AND EMPLOYERS'LIABILITY STATUTE OTH- ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liab 6023655096 12/1/2018 12/1/2019 PROF PER OCCURRENCE 1,000,000 B E&Ow/Pollution S 2304461-00 2/20/2019 2/20/2020 Aggregate 2,000,000 Rented/Leased Equipment R/L Deduct$1,000 R/L Limit$100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder and others when required in a written contract or agreement are additional Insured,ongoing and completed operations(General Liability& Automobile).Coverage is Primary&Non-Contributory when required in a written contract or agreement(General Liability&Automobile).Waiver of Subrogation applies when required in a written contract or agreement(General Liability,Automobile&Workers Compensation).Forms: CG7300 01/16,CG7988 01/16, CA7809 11/17&WC000313 04/84.Package Policy No.6016980255 effective 02/20/2018 to 02/20/2019 includes Installation Floater:$300,000 Limit,$1,000 Deductible.Umbrella Policy follows form of General Liability,Automobile Liability and Employer's Liability.Donald Kiley is excluded from Workers Compensation coverage.This form is subject to all policy forms,terms,endorsements,conditions definitions&exclusions. REFERENCE:Job Order Master Agreement Red Hawk Solutions LLC 2019-006U2 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Fountain Hills 16705 E.Avenue of the Fountains AUTHORIZED REPRESENTATIVE Fountain Hills AZ 85268 Co4 R:Fc.L ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ElitePact General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 16 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-8) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds - Primary and Non-Contributory Provision Page 7 Blanket Additional Insureds -As Required By Contract Page 6 Broad Form Vendors Coverage Page 6 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability ($100,000) Page 4 Employee Definition Amended Page 8 Employees As Insureds Modified Pdge 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page 7 Mental Anguish Amendment(Not applicable to New York) Page 8 Newly Formed or Acquired Organizations Page 5 Non-Accumulation Of Limits (Not applicable in New York or Wisconsin) Page 7 Non-Owned Aircraft Page 3 Non-Owned Watercraft (under 60 feet) Page 3 Not-for-profit Members-as additional insureds Page 5 Personal And Advertising Injury- Discrimination Amendment(Not applicable in New York) Page 8 Products Amendment(Medical Payments) Page 4 Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 Unintentional Failure to Disclose Hazards Page 7 Waiver of Transfer of Rights of Recovery (subrogation) Page 7 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 Blanket Additional Insureds - As Required By The provisions of this coverage extension do not Contract apply unless the written contract or written A. Subject to the Primary and Non-Contributory agreement has been executed (executed means provision set forth in this endorsement, SECTION II - signed by the named insured) or written permit WHO IS AN INSURED is amended to include as an issued prior to the "bodily injury" or "property additional insured any person or organization whom damage" or"personal and advertising injury' you have agreed in a written contract, written Broad Form Vendors Coverage agreement or written permit that such person or Subject to the Primary and Non-Contributory provision organization be added as an additional insured on set forth in this endorsement, SECTION II -WHO IS AN your policy. Such person or organization is an INSURED is amended to include as an additional additional insured only with respect to liability for insured any person or organization (referred to below as "bodily injury" or "property damage" or"personal and vendor) whom you have agreed in a written contract or advertising injury"caused, in whole or in part, by: written agreement to add as an additional insured on 1. Your ongoing operations, "your product", or your policy. Such person or organization is an additional premises owned or used by you; insured only with respect to "bodily injury" or "property With respect to the insurance afforded to these damage" arising out of "your products" which are additional insureds, the following additional distributed or sold in the regular course of the vendor's exclusion applies: business, however the insurance afforded the vendor does not apply to: This insurance does not apply to: a. "Bodily injury" or"property damage" for which the "Bodily injury", "property damage" or "personal vendor is obligated to pay damages by reason of and advertising injury" arising out of the the assumption of liability in a contract or rendering of, or the failure to render, any profes- agreement; however this exclusion does not sional architectural, engineering or surveying apply to liability for damages that the vendor services by or for you, including: would have in the absence of the contract or a. The preparing, approving, or failing to agreement; prepare or approve, maps, shop drawings, b. Any express warranty unauthorized by you; opinions, reports, surveys, field orders, change orders or drawings and specifi c. Any physical or chemical change in the product cations; and made intentionally by the vendor; b. Supervisory, inspection, architectural or d. Repackaging. unless unpacked solely for the engineering activities. purpose of inspection, demonstration, testing, or the substitution of parts under instructions from This exclusion applies even if the claims against the manufacturer, and then repackaged in the any insured allege negligence or other wrong- original container; doing in the supervision, hiring, employment, training or monitoring of others by that insured, if e. Any failure to make such inspections, adjust the "occurrence" which caused the "bodily injury" ments, tests or servicing as the vendor has or "property damage", or the offense which agreed to make or normally undertakes to make caused the "personal and advertising injury", in the usual course of business in connection involved the rendering of, or failure to render, with the sale of the product; or any professional architectural, engineering or f. Products which, after distribution or sale by you, surveying services. have been labeled or re-labeled or used as a 2. Your maintenance, operation or use of equip- container, part of ingredient of any other thing or ment, other than aircraft, "auto" or watercraft, substance by or for the vendor; however this rented or leased t0 you by such person or insurance does not apply to any insured person organization. A person or organization's status or organization, from who you have acquired as an additional insured under this endorsement such products, or any ingredient, part or con ends when their contract, or agreement with you tainer, entering into, accompanying or containing for such rented or leased equipment ends. With such products. respect to the insurance afforded to these The provisions of this coverage extension do not apply additional insureds, this insurance does not unless the written contract or written agreement has apply to any "occurrence" which takes place been executed (executed means signed by the named after the rental agreement or equipment lease insured) prior to the"bodily injury" or"property damage". expires. Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Incidental Malpractice Unintentional Failure To Disclose Hazards Subparagraph 2.a.(1)(d) under SECTION II - WHO IS The following is added to Paragraph 6. Representations AN INSURED is deleted in its entirety and replaced with under SECTION IV - COMMERCIAL GENERAL the following: LIABILITY CONDITIONS: (d) Arising out of his or her providing or failing to provide However, if you should unintentionally fail to disclose any professional health care services. This does not existing hazards in your representations to us at the apply to nurses. emergency medical technicians or inception date of the policy, or during the policy period in paramedics if you are not in the business or connection with any additional hazards, we shall not occupation of providing any such professional deny coverage under this Coverage Part based upon services. such failure to disclose hazards This provision does not apply if you are a Social Service Waiver Of Transfer Of Rights Of Recovery or Senior Living risk. The following is added to Paragraph 8. Transfer of SECTION IV - COMMERCIAL GENERAL LIABILITY Rights Of Recovery Against Others To Us under CONDITIONS -Amendments SECTION IV - COMMERCIAL GENERAL LIABILITY Knowledge Of Occurrence, Claim, Suit Or Loss CONDITIONS: The following is added to Paragraph 2. Duties in the We will waive any right of recovery we may have against Event of Occurrence, Offense, Claim or Suit under a person or organization because of payments we make SECTION IV - COMMERCIAL GENERAL LIABILITY for"bodily injury" or"property damage" arising out of your CONDITIONS: ongoing operations or "your work" done under a written contract or written agreement and included in the The requirements under this paragraph do not apply until "products-completed operations hazard", if: after the"occurrence" or offense is known to: 1. You have agreed to waive any right of recovery 1. You, if you are an individual; against that person or organization in a written con- 2. A partner, if you are a partnership; tract or written agreement; 3. An "executive officer" or insurance manager, if you 2. Such person or organization is an additional insured are a corporation; on your policy; or 4. Your members, managers or insurance manager, if 3. You have assumed the liability of that person or you are a limited liability company; or organization in that same contract, and it is an 5. Your elected or appointed officials, officers, mem- "insured Contract bers, trustees, board members, commission mem- The section above only applies to that person or bers, agency members, or your administrator or your organization identified above, and only if the "bodily insurance manager if you are an organization other injury" or "property damage" occurs subsequent to the than a partnership, joint venture, or limited liability execution of the written contract or written agreement. company. Liberalization Primary and Non-Contributory Provision The following condition is added to SECTION IV- I he following is added to Paragraph 4. Other Insur- COMMERCIAL GENERAL LIABILITY CONDITIONS: ance, b. Excess Insurance under SECTION IV- If we revise this Coverage Part to provide more coverage COMMERCIAL GENERAL LIABILITY CONDITIONS: without additional premium charge, subject to our filed This insurance shall be excess with respect to any company rules, your policy will automatically provide the person or organization included as an additional insured additional coverage as of the day the revision is effective under this policy, any other insurance that person or in your state. organization has shall be primary with respect to this Non-Accumulation Of Limits insurance, unless: (This provision is not Applicable in the state of New York (1) The additional insured is a Named Insured under or Wisconsin). such other insurance; The following condition is added to SECTION IV - (2) You have agreed in a written contract, written COMMERCIAL GENERAL LIABILITY CONDITIONS: agreement or written permit to include that additional insured on your General Liability policy on a primary If you have other insurance provided by us or one of our and/or non-contributory basis; and affiliates that will respond to a claim or "suit" also covered under this coverage, the maximum limit of (3) The written contract or written agreement has been insurance under all collectible insurance shall not executed (executed means signed by the named exceed the highest applicable limit under any one of the insured) or written permit issued prior to the "bodily other coverage part(s), form(s) or policy(ies). injury" or"property damage" or "personal and adver- tising injury". Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 Contracting, Installation, Service and Repair General Liability Extended ElitePac® Endorsement COMMERCIAL GENERAL LIABILITY CG79880116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET ADDITIONAL INSUREDS operations hazard". If the written contract, written agreement, or written permit does not require a. Ongoing Operations that the additional insured be added with respect to liability arising out of "your work" performed SECTION II—WHO IS AN INSURED is amend- under that contract, agreement, or permit and ed to include as an additional insured any person included in the "products-completed operations or organization you have agreed in a written hazard", then SECTION ll — WHO IS AN contract, written agreement, or written permit to INSURED is amended to include as an addi- add as an additional insured on your policy, but tional insured any person or organization you only with respect to liability arising out of your have agreed in a written contract, written agree- ongoing operations performed under that con- ment, or written permit to add as an additional tract, agreement, or permit when that contract, insured on your policy, but only with respect to agreement, or permit requires the additional liability for "bodily injury", "property damage" or insured be added with respect to liability arising "personal and advertising injury" caused, in out of your ongoing operations. If the written whole or in part, by"your work" performed under contract, written agreement, or written permit that contract, agreement, or permit and included does not require that the additional insured be in the"products-completed operations hazard". added with respect to liability arising out of your ongoing operations, then SECTION II — WHO c. The coverages provided in Paragraphs a. and b. IS AN INSURED is amended to include as an do not apply unless the written contract or written additional insured any person or organization agreement has been executed (executed means you have agreed in a written contract, written signed by the named insured) or written permit agreement, or written permit to add as an addi- issued prior to the "bodily injury", "property tional insured on your policy, but only with re- damage"or"personal and advertising injury". spect to "bodily injury", "property damage" or "personal and advertising injury" caused in whole d. Exclusions or in part by your ongoing operations performed (1) With respect to the insurance afforded to under that contract, agreement, or permit. additional insureds under a. Ongoing Oper- b. Completed Operations ations the following is added to 2. Exclu- sions under SECTION I — COVERAGE SECTION II — WHO IS AN INSURED is A— BODILY INJURY AND PROPERTY amended to include as an additional insured any DAMAGE LIABILITY: person or organization you have agreed in a written contract, written agreement, or written This insurance does not apply to "bodily permit to add as an additional insured on your injury", "property damage", or "personal and policy, but only with respect to their liability advertising injury"occurring after: arising out of "your work" performed under that (a) All work, including materials, parts or contract, agreement, or permit and included in equipment furnished in connection with the "products-completed operations hazard" such work, on the project (other than when that contract, agreement, or permit service, maintenance or repairs) to be requires the additional insured be added with performed by or on behalf of the addi- respect to liability arising out of "your work" tional insured(s) at the site of the cov- performed under that contract, agreement, or ered operations has been completed; or permit and included in the "products-completed Copyright, 2015 Selective Insurance Company of America.All rights reserved. CG 79 88 01 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 3 (b) That portion of "your work" out of which 2. PROPERTY DAMAGE CARE, CUSTODY OR the injury or damage arises has been CONTROL put to its intended use by any person or organization other than another contrac- The following is added to Exclusion j. under tor or subcontractor engaged in perform- SECTION I - COVERAGE A BODILY INJURY AND ing operations for a principal as a part of PROPERTY DAMAGE LIABILITY: the same project. Paragraphs (4) and (5) do not apply for the limited (2) With respect to the insurance afforded to purpose of providing the coverage and sub-limits of these additional insureds under a. Ongoing liability as set forth below. Operations and b. Completed Operations, We will pay those sums that the insured becomes the following is added to 2. Exclusions legally obligated to pay as damages arising out of under SECTION I — COVERAGE A— "property damage"to: BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: (1) Personal property in the care, custody or control This insurance does not apply to: of the insured; and "Bodilyinjury", "property damage", or "per- (2) That particular part of real property on which you 1 a p p y g p or any contractors or subcontractors working sonal and advertising injury" arising out of directly or indirectly on your behalf are perform- the rendering of, or the failure to render, any ing operations, if the "property damage" arises professional architectural, engineering or out of those operations. surveying services, including: approving, or fili to The most we will pay under (1) and (2) above in any (a) The preparing, ang one "occurrence" or for all damages during any one prepare or approve, maps, shop draw- policy period is a sub-limit of$100,000. ings, opinions, reports, surveys, field orders, change orders or drawings and These limits are included in and not in addition to the specifications; or Limits of Insurance shown in the Declarations of the (b) Supervisory, inspection, architectural or Commercial General Liability Policy. engineering activities. Our right and duty to defend the insured against any e. Conditions "suit" for damages under (1) and (2) above ends when we have used up the applicable sub-limit of With respect to the insurance afforded to these liability in the payment of judgments or settlements additional insureds under a. Ongoing Opera- under it. tions and b. Completed Operations the follow- 3. OTHER INSURANCE AMENDMENT — SUPPLE- ing is added to Paragraph 4. Other Insurance, MENTAL COVERAGE FOR INSURED'S INVOLVE- a. Primary Insurance under SECTION IV— MENT IN A CONSOLIDATED (WRAP-UP) INSUR- COMMERCIAL GENERAL LIABILITY CONDI- ANCE PROGRAM OR SIMILAR PROJECT TIONS: This insurance is primary and will not contribute The following is added to SECTION IV—COMMER- with any other insurance available to an addi- CIAL GENERAL LIABILITY CONDITIONS, Para- tional insured under this coverage part provided graph 4. Other Insurance b. Excess Insurance (1)(a): that: (1) The additional insured is a Named Insured (v) That is covered by a consolidated (wrap-up) or under such other insurance. similar insurance program provided by the prime contractor/project manager or owner of the (2) You have agreed in a written contract, construction project in which you are involved for written agreement or written permit to in- your ongoing operations or operations included clude that additional insured on your General within the "products-completed operations haz- Liability policy on a primary and/or non- ard", unless such consolidated (wrap-up)or simi- contributory basis. lar program is specifically excluded from cover- age on this policy. Copyright, 2015 Selective Insurance Company of America.All rights reserved. CG 79 88 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 4. FELLOW EMPLOYEE EXTENSION 6. CONTRACTUAL LIABILITY AMENDMENT — (PERSONAL AND ADVERTISING INJURY) Under SECTION II — WHO IS AN INSURED Para- graphs 2.a. and 2.a. (1) are replaced by the follow- If it is required in a written contract, written agree- ing: ment or written permit with the insured that any contractual liability exclusion for Personal Injury be a. Your "volunteer workers" only while performing removed from the policy, then Exclusion e. Contrac- duties related to the conduct of your business, or tual Liability under COVERAGE B PERSONAL your"employees", other than either your "execu- AND ADVERTISING INJURY, 2. Exclusions is de- tive officers" (if you are an organization other leted in its entirety and replaced with the following: than a partnership, joint venture, or limited liabil- ity company) or your managers (if you are a e. Contractual Liability limited liability company), but only for acts within the scope of their employment by you or while "Personal and advertising Injury" for which the performing duties related to the conduct of your insured has assumed liability in a contract or business. The Employers Liability exclusion agreement arising out of an "advertisement". (SECTION I — COVERAGES; COVERAGE A, This exclusion does not apply to liability for dam- exclusion e.) does not apply to this provision. ages that the insured would have in the absence However, none of these "employees" or "volun- of the contract or agreement. teer workers"are insureds for: 7. WAIVER OF GOVERNMENTAL IMMUNITY (1) "Bodily injury" or "personal and advertising We will waive, both in the adjustment of claims and injury": in the defense of "suits" against the insured, any (a) Arising out of his or her providing or fail- governmental immunity of the insured, unless the ing to provide professional health care insured requests in writing that we not do so. services. Waiver of immunity as a defense will not subject us 5. CONTRACTUAL LIABILITY(RAILROADS) to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. Definition 9. Insured Contract is amended as fol- lows: 8. DAMAGE TO PREMISES RENTED TO YOU Paragraph c. is deleted in its entirety and replaced The Limit of Insurance for Damage To Premises with the following: Rented To You is increased to$1,000,000. Any easement or license agreement; Paragraph f.(1) is deleted in its entirety. Copyright, 2015 Selective Insurance Company of America.All rights reserved. CG 79 88 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 II ElitePacR Commercial Automobile Extension COMMERCIAL AUTO CA78091117 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement, AMENDMENIS TO SECTION 11 - LIABILITY COVER- EMPLOYEE INDEMNIFICATION AND EMPLOY- AGE ER'S LIABILITY AMENDMENT A. If this policy provides Auto Liability coverage for The following is added to SECTION II, B.4. - Owned Autos, the following extensions are Exclusions: applicable accordingly: This exclusion does not apply to a "volunteer NEWLY ACQUIRED OR FORMED ORGANIZA- worker" who is not entitled to workers compen- TIONS cation, disability or unemployment compensa- The following is added to SECTION II,A.1. - Who tion benefits. Is An Insured: FELLOW EMPLOYEE COVERAGE Any organization you newly acquire or form, The Fellow Employee Exclusion, SECTION II, other than a partnership, joint venture or limited B.5.- is deleted in its entirety. liability company over which you maintain own ership or majority interest, will qualify as a CARE, CUSTODY OR CONTROL AMENDMENT Named Insured if there is no similar insurance The following Is added to SECTION II, B.5. - available to that organization. However: Exclusions: 1. Coverage under this provision is afforded This exclusion does not apply to property owned only until the 180th day after you acquire or by anyone other than an "insured", subject to form the organization or the end of the poi- the following: icy period, whichever is earlier; 1. The most we will pay under this exception 2. Coverage does not apply to "bodily injury" for any one "accident" is the I imit of Incur- or "property damage" resulting from an "ac- ance stated in the ElitePac Schedule; and cident"that occurred before you acquired or 2. A per "accident" deductible as stated In the formed the organization. ElitePac Schedule applies to this exception. No person or organization is an "insured" with B. If this policy provides Auto Liability coverage for respect to the conduct of any current or past Owned Autos or Non-Owned Autos, the follow- partnership, joint venture or limited liability ing extension is applicable accordingly: company that is not shown as a Named Insured LIMffED LIABILITY COMPANIES in the Declarations. The following is added to SECTION II,A.1, - Who EXPENSES FOR BAIL BONDS AND LOSS OF Is An Insured: EARNINGS (2) and (4) of SECTION II, A.2.a. - If you are a limited liability company, your mem- Paragraphs Supplementary Payments are deleted in their bers and managers are "insureds" while using a entirety and replaced with the following: covered "auto" you don't own, hire or borrow during the course of their duties for you. (2) Up to the Limit of Insurance shown on the BLANKET ADDITIONAL INSUREDS - As ElitePac Schedule for the cost of bail bonds Required By Contract (including bonds for related traffic law viola- tions) required because of an "accident" The following is added to SECTION II, A.1. - Who covered under this policy. We do not have to Is An Insured: furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request. This includes ac- tual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 INSURED'S COPY Any person or organization whom you have For labor charges to be eligible for reimbursement agreed in a written contract, written agreement the labor must be performed at the place of disable- or written permit that such person or organize- ment. tion be added as an additional "insured" on your This coverage extension does not apply to Emer- policy. Such person or organization is an addi- gency Services Organizations and Governmental tional "insured" only with respect to liability for Entities. "bodily injury" or "property damage" caused, in whole or in part, by your ownership, mainte- GLASS BREAKAGE DEDUCTIBLE nance or use of a covered "auto". This coverage The following is added to SECTION III, A.3. - Glass shall be primary and non-contributory with re- Breakage - Hitting A Bird Or Animal - Falling spect to the additional "insured". This provision Objects or Missiles: only applies if: If damaged glass is repaired rather than replaced, 1. It Is required in the written contract, written no deductible will apply for such repair. This exten- agreement or written permit identified in slon does not apply to Emergency Services Organl- this section; zations and Governmental Entities. 2. It is permitted by law; and ADDITIONAL TRANSPORTATION EXPENSES SEC- 3. The written contract or written agreement TION III, A.4.a. - Transportation Expenses is deleted has been executed (executed means signed in its entirety and replaced with the following: by a named insured) or written permit is- We will pay up to the maximum Limit of Insurance sued prior to the "bodily injury" or "property shown on the ElitePar_ Schedule for temporary damage". transportation expenses that you incur because of C. If this policy provides Auto Liability coverage for any "loss" to a covered "auto", but only if the cov- Non-Owned Autos, the following extension is ered "auto" carries the coverages and meets the applicable accordingly: requirements described in 1. or 2. below: EMPLOYEES AS INSUREDS 1. We will pay temporary transportation expenses for total theft of a covered "auto". We will only If this policy provides Auto Liability coverage for pay for such expenses incurred during the Non-Owned Autos, the following is added to period beginning 24 hours after the theft and SECTION II,A.1. - Who Is An Insured: ending, regardless of the policy's expiration, Any "employee" of yours is an "insured" while when the covered "auto" is returned to use or using a covered "auto" you don't own, hire or we pay for its "loss". borrow in your business or your personal 2. For "loss" other than total theft of a covered affairs. "auto" under Comprehensive or Specified Caus- An "employee" of yours is an "insured" while es of Loss Coverage, or for any "loss" under operating an "auto" hired or rented under a Collision Coverage to a covered "auto", we will contract or agreement in that "employee's" only pay for those temporary transportation ex- name with your permission, while performing penses incurred during the policy period begin- duties related to the conduct of your business. ping 24 hours alter the "loss" and ending, re- AMENDMENTS TO SECTION III - PHYSICAL gardless of the policy's expiration, with the less- DAMAGE COVERAGE er of the number of days reasonably required to repair or replace the covered "auto"or 30 days. If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following Paragraph 2. of this extension does not apply extensions are applicable for those "autos" for while there are spare or reserve "autos" availa which Comprehensive, Specified Causes of Loss or ble to you for your operations. Collision coverage is purchased: This coverage extension does not apply to Emer- TOWING AND LABOR gency Services Organizations and Governmental Entities, SECTION III, A.2. - Towing Is deleted In Its entirety HIRED AUTO PHYSICAL DAMAGE COVERAGE and replaced with the following: We will pay all reasonable towing and labor costs The following is added to SECTION III, A.4. - up to the maximum Limit of Insurance shown on the Coverage Extensions: ElitePac Schedule per tow each time a covered Physical Damage coverage is hereby extended to "Private Passenger Auto", "Social Service Van or apply to Physical Damage "loss" to "autos" leased, Bus"or "Light Truck"is disabled and up to the max- hired, rented or borrowed without a driver. We will imum Limit of Insurance per tow each lime a provide coverage equal to the broadest coverage covered "Medium Truck", "Heavy Truck" or "Extra available to any covered "auto" shown in the Decla- Heavy Truck" is disabled. rations. But, the most we will pay for "loss"to each "auto" under this coverage extension is the lesser of: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 INSURED'S COPY 1. The Limit of Insurance stated in the ElitePac AUTO LOAN/LEASE GAP COVERAGE (Not Applica- Schedule; or ble In New York) 2. The actual cash value of the damaged or stolen The following is added to SECTION III, A.4. - property as of the time of the "loss"; or Coverage Extensions: 3. The actual cost of repairing or replacing the In the event of a total "loss" to a covered "auto" we damaged or stolen property with other property will pay any unpaid amount due on the lease or loan of like kind and quality. A part is of like kind and for a covered "auto", less: quality when it is of equal or better condition 1, The amount paid under the Physical Damage than the pre-accident part. We will use the origi- Coverage Section of the policy; and nal equipment from the manufacturer when: (a) The operational safety of the vehicle 2. Any: might otherwise be impaired; a. Overdue lease/loan payments at the time of (b) Reasonable and diligent efforts to locate "loss"; the appropriate rebuilt, aftermarket or b. Financial penalties imposed under a lease used part have been unsuccessful; or for excessive use, abnormal wear and tear, high mileage or similar charges; (c) A new original equipment part of like kind and quality is available and will c. Security deposits not refunded by the lessor result in the lowest overall repair cost. or financial institution; For each leased, hired, rented or borrowed "auto" d. Costs fur extended warranties, credit Ilfe, our obligation to pay "losses" will be reduced by a health, accident, or disability insurance pur- deductible equal to the highest deductible applica- chased with the loan or lease; and ble to any owned "auto" for that coverage No o. Carry-over balances from previous leases deductible will be applied to "losses" caused by fire or loans. or lightning. You are responsible for the deductible applicable to SECTION IV, B.5. Other Insurance Condition, Para- the "loss" for the covered "auto". graph 5.b, is deleted in its entirety and replaced by PERSONAL EFFECTS the following: For Hired Auto Physical Damage Coverage, the fol The following is added to SECTION III, A.4. - lowing are deemed to be covered "autos— you own: Coverage Extensions: If this policy provides Comprehensive Coverage for 1. Any covered "auto" you lease, hire, rent, or a covered "auto" you own and that covered "auto" borrow; and is stolen, we will pay up to the Limit of Insurance 2. Any covered "auto" hired or rented by your shown on the ElitePac Schedule, without application "employee" under a contract or agreement in of a deductible, for lost personal effects that were in that "employee's" name, with your permission, the covered "auto" at the time of theft. Personal while performing duties related to the conduct of effects do not include jewelry, tools, money, or your business. securities. This coverage is excess over any other However, any "auto" that is leased, hired, rented or collectible insurance. borrowed with a driver is not a covered "auto". AIRBAG COVERAGE This coverage extension does not apply to Emer- The following is added to SECTION III, B.3.a. - gency Services Organizations and Governmental Exclusions: Entities. Mechanical breakdown does not include the acci- HIRED AUTO LOSS OF USE COVERAGE dental discharge of an airbag. The following is added to SECTION III, A.4. - Cover- This coverage extension does not apply to Emer- age Extensions: gency Services Organizations and Governmental We will pay expenses for which you are legally Entities. responsible to pay up to the Limit of Insurance EXPANDED AUDIO, VISUAL, AND DATA ELECTRON- shown on the ElitePac Schedule per "accident" for IC EQUIPMENT COVERAGE loss of use of a leased, hired, rented or borrowed SECTION III, B.4. - Exclusions "auto" if it results from an "accident". This coverage extension does not apply to Emer This exclusion does not apply to the following: gency Services Organizations, Governmental Enti- 1. Global positioning systems: ties, and Schools. 2. "Telematic devices";or 3. Electronic equipment that reproduces, receives or transmits visual or data signals and accesso- ries used with such equipment, provided such equipment is: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 INSURED'S COPY a. Permanently installed in or upon the cov- ered "auto" at the time of the "loss'; 3. An executive officer or insurance manager, if b. Removable from a housing unit that is per- you are a corporation, manently installed in the covered "auto" al 4. Your members, managers or insurance man- the time of the "loss"; ager, if you are a limited liability company; c. Designed to be solely operated by use of y. Your elected or appointed officials, trustees, power from the "auto's" electrical system; board members or your insurance manager, if or you are an organization other than a partner- d. Designed to be used solely in or upon the ship. joint venture or limited liability company. covered "auto". But, this section does not amend the provisions For each covered "loss" to such equipment, a relating to notification of police or protection or deductible of$50 shall apply, unless the deductible examination of the property that was subject to the otherwise applicable to such equipment is less than "loss". $50, at which point the lower deductible, if any, will WAIVER OF SUBROGATION apply. SECTION IV, A.5. - Transfer Of Rights Of Recovery COMPREHENSIVE DEDUCTIBLE - LOCATION Against Others To Us is deleted in its entirety and TRACKING DEVICE replaced with the following: The following is added to SECTION III, D. - We waive any right of recovery we may have Deductible: against any person or organization because of Any Comprehensive Coverage Deductible shown in payments we make for "bodily injury" or "properly the Declarations will be reduced by 50% for any damage" resulting from the ownership, mainte- "loss" caused by theft if the covered "auto" is nance or use of a covered "auto" but only when you equipped with a location tracking device and that have assumed liability for such "bodily injury" or device was the sole method used to recover the "property damage" in an "insured contract". In all "auto". other circumstances, if a person or organization to PHYSICAL DAMAGE LIM1 OF INSURANCE or for whom we make payment under this Coverage Form has rights to recover damages from another, SECTION III, C. - Limit Of Insurance is deleted in its those rights are transferred to us. entirety and replaced with the following: MULTIPLE DEDUCTIBLES The most we will pay for a "loss" in any one "accident" is the lesser of: The following is added to SECTION IV, A. - Loss Conditions: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or If a "loss" from one event involves two or more covered "autos" and coverage under Comprehen- 2, The cost of repairing or replacing the damaged sive or Specified Causes of Loss applies, only the or stolen properly with other property of like highest applicable deductible will be applied. kind and quality. CONCEALMENT, MISREPRESENTATION OR FRAUD This coverage extension does not apply to Emer- gency Services Organizations and Governmental The following is added to SECTION IV, B.2. - Con- Entities. cealment, Misrepresentation Or Fraud: AMENDMENTS TO SECTION IV - BUSINESS AUTO If you should unintentionally fail to disclose any CONDITIONS existing hazards in your representations to us prior to the inception date of the policy or during the pol- DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT Icy period In connection with any newly discovered OR LOSS hazards, we will not deny coverage under this Coy- The following is added to SECTION IV, A.2.a. - erage Form based upon such failure. Duties In The Event Of Accident, Claim, Suit Or POLICY PERIOD,COVERAGE TERRITORY Loss: SECTION IV, B.T.- Policy Period, Coverage Territory The notice requirements for reporting "accident" is deleted in its entirety and replaced with the fol- claim, "suit" or "loss" information to us, including lowing- provisions related to the subsequent investigation of such "accident", claim, 'suit" or "loss" do not apply Under this Coverage Form, we cover "accidents" until the "accident", claim, "suit" or "loss" Is known and "losses" occurring: to: a. During the policy period shown in the Declara- 1. You, if you are an individual; lions; and 2. A partner, if you are a partnership; b. Within the "Coverage Territory". Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 4 of 5 INSURED'S COPY We also cover "loss" to or "accidents" involving a EXTRA HEAVY TRUCK covered "auto" while being transported between "Extra Heavy Truck" means a truck with a gross any of these places. vehicle weight rating of 45,001 pounds or more. TWO OR MORE COVERAGE FORMS OR POLICIES HEAVY TRUCK ISSUED BY US- DEDUCTIBLES "Heavy Truck" means a truck with a gross vehicle The following is added to SECTION IV, B.8. - Two Or weight rating of 20,001 pounds to 45,000 pounds. More Coverage Forms Or Policies Issued By Us: LIGHT TRUCK If a "loss" covered under this Coverage Form also involves a "loss" to other property resulting from 'Light Trunk" means a truck with a gross vehicle the same "accident" that is covered under this poi- weight rating of 10,000 pounds or less. icy or another policy issued by us or any member MEDIUM TRUCK • company of ours, only the highest applicable "Medium Truck" means a truck with a gross vehicle deductible will be applied. weight rating of 10,001 pounds to 20,000 pounds. AMENDMENTS TO SECTION V - DEFINITIONS PRIVATE PASSENGER AUTO BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable In New York) "Private Passenger Auto" means a four-wheel "auto" of the private passenger or station wagon The definition of bodily injury is deleted in its type. A pickup, panel truck or van not used for entirety and replaced by the following: business is included within the definition of a "pri- "Bodily injury" means bodily injury, sickness, or dis- vete passenger auto". ease sustained by a person, including death result- SOCIAL SERVICE VAN OR BUS ing from any of these. "Bodily injury" includes men- "Social Service Van or Bus" means a van or bus tal anguish resulting from bodily injury, sickness or used by a government entity, civic, charitable or disease sustained by a person. social service organization to provide transportation ADDITIONS TO SECTION V- DEFINITIONS to clients incidental to the social services sponsored COVERAGE TERRITORY by the organization, Including special trips and out- "Coverage Territory" means: ings. 1. The United States of America (including its TELEMATIC DEVICE territories and possessions), Canada and Puerto "Telematic Device" includes devices designed for Rico; and the collection and dissemination of data for the pur- pose of monitoring vehicle and/or driver perfor- 2. Anywhere in the world, except for any country mance. This includes Global Positioning System or jurisdiction that is subject to trade or other technology, wireless safety communications and economic sanction or embargo by the United automatic driving assistance systems, all integrated States of America, if a covered "auto" is leased, with computers and mobile communications tech- hired, rented, or borrowed without a driver for a nology in automotive navigation systems. period of 30 days or less, and the insured's responsibility to pay "damages" is determined VOLUNTEER WORKER in a "suit" on the merits in and under the sub- "Volunteer worker" means a person who performs stantive law of the United States of America (in- business duties for you, for no financial or other eluding its territories and possessions), Puerto compensation. Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the "insured" in a "suit" brought in a location described in Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "insured" for the reasonable and necessary expenses incurred for the defense of any such "suit" seeking damages to which this insur- ance applies, and that we would have paid had we been able to exercise our right and duty to defend. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 INSURED'S COPY 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 State Blanket/Schedule/State AZ BLANKET 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 02/20/2019 Policy No. 1020391 Endorsement No. 3 Insured Redhawk Solutions LLC Premium$ 626 Insurance Company CopperPoint National Insurance Company Countersigned by )76(zG.--' WC 00 03 13 (Ed. 4-84) c 1983 National Council on Compensation Insurance.