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HomeMy WebLinkAboutC2019-006U1 Contract No. 201 9-006U 1
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
UTILITY CONSTRUCTION COMPANY,INC.
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 Utility Construction Company, Inc., a(n)Arizona corporation (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
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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.
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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,
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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.
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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,
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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
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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
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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
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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
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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.
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(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.
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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: Utility Construction Company, Inc.
8435 East Baseline Road, Suite 106
Mesa,Arizona 85209
Attn: Bob Martin, Vice President
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. Mille Tow Manager
ATTEST:
c
izabeth . rke, Town CI rk
APPRO ED AS TO FORM:
aron D. Arnson, To n Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On art-C-V1 2 cP , 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 nn
�,`�`1`, PAThiCIA JO TOAL44sCtek_ek.- 2) �O Oil -
�,,"b�" Commission#521340 :
=;_"y: s� Notary public-State of Arizona Notary Public
�t� � MARICOPA COUNTY
— My comm.expires Dec.8,2020 I.
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
18
"Contractor"
UTILITY CONSTRUCTION COMPANY, INC.,
a(n)Arizona corporation
By: /.* .4..... ..:433" 4"')
Name: Bob Martin, CCM
Title: Vice President
(ACKNOWLEDGMENT)
STATE OF Arizona )
) ss.
COUNTY OF Maricopa )
On February 2 8 ,2019,before me personally appeared Bob Mart in,
the Vice President of UTILITY CONSTRUCTION COMPANY, INC., a(n) Arizona
corporation,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 si ed the above ocument on behalf of
*hQ crpnratLn_ _
( ;'`"►0,4. CHRISTOPHER O.HARPER
Notary Public-Arizona
5 �; �' Maricopa County 1
b;,i . My Comm. Expires Sep 8,2019 No ary Public
(Affix notary seal here)
4
19
4
I
EXHIBIT A
TO
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
UTILITY CONSTRUCTION COMPANY, INC.
[SOQ]
See following pages.
Copy#2
STATEMENT OF QUALIFICATIONS
Submitted by: Utility Construction Company, Inc.
CS2019-006
General Construction Services
January 7, 2019
Submitted to:
Town Clerk
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills,Arizona 85268
Submitted by:
Utility Construction Company, Inc.
8435 E. Baseline Rd, Suite#106
Mesa, Arizona 85209 ArtijarilE
Phone: (480) 654-3100 41Dioxiortructicam.
Contact: Bob Martin, Vice President Company,mme.
7oaoltu.tle .
January 7,2019
Town Clerk
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills,Arizona 85268
Re: C52019-006
General Construction Services Job Order Contract
Subject: Submittal of 50Q by Utility Construction Company,Inc.
Ladies and Gentlemen,
Utility Construction Company, Inc. (UCC) is very pleased to present the Town of Fountain Hills with the this
Statement of Qualifications (SOQ) in response to Solicitation No. CS2019-006 for the 'General Construction
Services'Job Order Contract.
UCC is experienced in the management and delivery of work under long-term Job Order Contracts. We are
confident that you will find UCC to be a highly qualified firm of value to the Town of Fountain Hills for the
performance of many services identified in the solicitation.
For your reference, please note:
• UCC has provided one(1)original and three(3)copies of this 50Q.
• UCC hereby acknowledge the following Addenda: Questions and Responses (1 page), "C52019-006 QA
(PDF)"
• UCC's contact person for this opportunity is: Bob Martin,CCM,Vice President,Cell(602)717-7697
• UCC takes no exceptions to the requirements of the Solicitation.
• UCC has been in business for 27 years and is financially stable.
• Bob Martin is authorized to bind UCC under the solicitation and this 50Q.
if you have any questions, or need any other information, please do not hesitate to contact me at (602) 717-
7697. Thank you very much for your consideration.
Sincerely,
Bob Martin,CCM
Vice President
bobJutilitvconstructionco.com
Cell: (602)717-7697
General Construction Services.JOC Statement of Qualifications
Town of Fountain Htils Utility Construction Company,Inc. 1
Solicitation No.CS2019-006 January 7.2019
14E
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TABLE OF CONTENTS
COVER LETTER 1
TABLE OF CONTENTS 2
A. GENERAL INFORMATION: 3
(1) Cover Letter 3
(2) Vendor Identification 3
(3) Office Location 3
(4) General Description of Vendor 4
a. General Information 4
b. Proposed UCC Services(Scope of Work) 4
(5) Terminated Contracts 7
(6) Claims 7
(7) Debarment 7
(8) Vendor Information Form 7
B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR: 8
(1) Vendor's Experience in Similar Services 8
(2) Similar Projects 9
(3) AZ Contractor's Licenses 11
(4) Additional Documentation 11
C. KEY POSITIONS: 12
(1) UCC Key Personnel 12
(2) Roles and Responsibilities 13
(3) Subcontractors 13
CONCLUSION 15
Attachments: UCC'Vendor Information Form'with AZ UTRACS DBE/SBC documentation
General Construction Services-JOC Statement of Qualifications
Town of Fountain Hills Utility Construction Company,Inc. 2
Sol>citatlon No.CS2019 006 January 7.2019
117H
A. GENERAL INFORMATION:
(i) Cover Letter
Utility Construction Company, Inc. (UCC) has provided a cover letter at the forward of this Statement of
Qualifications(SOQ).
(2) Vendor Identification
UCC is a privately-held Arizona corporation founded in 1992. UCC is not a wholly owned subsidiary of
another company. UCC is a for-profit corporation. Following is key information related to the firm:
Legal Name: Utility Construction Company, Inc.
Physical Address: 8435 E. Baseline Rd.Suite#106, Mesa,Arizona 85209
Mailing Address: P.O. Box 1820,Queen Creek.Arizona 85142
Identification No.: 86-0810765(Federal Tax ID Number)
Legal Form: Corporation
The following person is UCC's representative that may be contacted concerning this SOQ:
Name: Bob Martin,CCM
Title: Vice President
E-Mail: bob(cutilitvconstructionco.com
Cell: (602)717-7697
(3) Office Location
UCC principal office is located in the southeast valley at 8435 E. Baseline Road, Suite #106, Mesa, Arizona
85209. This Mesa, AZ office will serve as UCC's 'principal office' and 'local work office' for services under
this Job Order Contract.
UCC may also utilize local UCC branch offices throughout the valley for dispatch of personnel and
equipment for services provided to the Town of Fountain Hills.
General Construction Services.JOC Statement of Qualifications
Town of Fountain Hills UMW Construction Company,Inc. 3
Solicitation No.CS2019-006 January 7.2019
2QH
&16144&11044 Nam.
(4) General Description of Vendor
a. General Information
Utility Construction Company, Inc. (UCC) is licensed general contractor focusing on construction, service,
maintenance and material re-sale contracts in the southwest United States. With our headquarters in
Mesa,Arizona,work in the Phoenix-metro area is our primary target.
UCC is owned by UCC President and CEO Suzette Nickum. UCC is a certified Disadvantaged Business
Enterprise (DBE) with the Arizona Department of Transportation, and a certified Small Business Concern
(SBC)with the City of Phoenix.
UCC has a strong background in electrical infrastructure including Streetlighting, Traffic Signals,
Underground Utilities, Directional Boring and Medium Voltage work. In the last decade, UCC has also
grown to provide services in other fields including grading/earthwork and wet utilities. Service contracts,
O&M contracts,JOC contracts and Alternative Delivery contracts represent a large portion of our work.
UCC has approximately 120 employees,including many long-term key personnel.
UCC has multiple facilities in place in the Phoenix valley for staging of labor and equipment for efficient
dispatching to project sites.
We hold a large fleet of construction equipment to support our self-perform work, including backhoes,
trenchers, excavators, dump trucks, water trucks, aerial lifts, bucket trucks, line trucks, heavy earthmoving
equipment,vertical pressure drills,soft-dig(water,air)vacuum excavation rigs,trucks and trailers.
UCC founded in 1992 and has been in business for twenty-seven(27)years.
UCC is also able to offer the services and products of UCC subsidiary 'PLG, LLC' for custom indoor and
outdoor lighting LED products and solutions (www. plgled.com), including energy and lighting audits,
photometric design, LED retrofits, custom fixtures, energy saving options and LED design. PLG, LLC is UL
certified,IGA dark sky listed and DLC listed.
b. Proposed UCC Services(Scope of Work)
UCC has a strong background in delivering civil, commercial and building projects from $1,000 to $5.OM in
size through self-perform work and subcontractor services.
Table 1. below provides a list of the proposed services of UCC under this JOC. UCC intends to self-perform
the services listed in Table 1. UCC is interested in work under this JOC for any and all of the trades listed in
Table 1.
Table 2. below provides an summary of UCC experience compared to all services listed in Section II. Scope
of Work of the Request for Statement of Qualifications(RFQ).
General Construction Services-JOC Statement of Qualifications
Town of Fountain Hills Utility Consttuctlon Company,Inc. 4
Solicitation No.CS2019.00fi January 7,2019
vpnac ar
Table 1-UCC Proposed Services(Self-Perform Work)
Service: Including:
a) Buildings and Improvements Electrical
Wet/Dry Utilities
Lighting
Communication/Telco
Utility Services
Grading/Earthwork
m)Lighting Indoor
Outdoor
Sports
Park
Common Area
LED
Controls
Energy-Savings Contracts
n) All wiring, plumbing,conduit: 600V and under
Medium Voltage over 600V
Electrical Distribution
SES's/Gear
Controls
Electrical Service
q) Other Construction-related General Contracting
projects and materials as needed: O&M Services
Traffic Signals
Streetlighting
Directional Boring
Excavations
Trenching
Vacuum Pot-Holing
Site Work
Grading
Water Truck services
Dump Truck/Hauling services
Demolition
)
General Construction Services-JOC Statement of qualifications
Town of Fountain Has Utility Construction Company,Inc, 5
Solicitation No.CS2019-006 January 7,2019
isrlEtsArs
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Table 2-UCC Experience Matrix
UCC in role
General
Contractor,
Services Experience in managed No experience
Self-Performing Subcontractors to date
to Perform
Trade
a Buildings&Improvements X X
b Slabs/Foundations X X
c Walls/Flooring/Roofing X
d Debris X X
e Doors/Windows X
f Canopies/Shades X X
g Ramps X
h Steps X
1 Fences/Gates X X
j Playground Equipment and Surfaces X
k Sports fields, turf, bleachers and X
structures
I Plumbing/sprinklers X
m Lighting X X
n All wiring, plumbing,conduit X X
o Fixtures and Equipment X
p Park benches,ramadas and picnic tables X
q Other construction-related projects and X X
materials as needed
As outlined in Table 2.above, UCC has experience with projects collectively encompassing all services listed
in Section ii.Scope of Work of the Request for Statement of Qualifications except the following items:
j) Playground equipment and surfaces
k)Sports fields,turf, bleachers and structures
General Construction Services-JOC Statement of Quallications
Town of Fountain Hills Utility Construction Company,Inc. 6
Solicitation No.C52019.006 January 7,2019
i74'
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(5) Terminated Contracts
UCC and its Officers have never had any contract or subcontract terminated.
(6) Claims
Within the past five years, no claims have been filed against UCC that have resulting in litigation or
arbitration with the following item that may be considered as an exception:
While under a 5-year contract (2014-2018) with the City of Phoenix for city-wide Streetlight
Maintenance services, a vehicle accident with occurred at an ADOT freeway overpass off-ramp.
UCC, the City of Phoenix, Arizona Department of Transportation (ADOT) and multiple other public
agencies and private parties were listed as defendants in a claim. Multiple allegations were made
by the Plaintiff related to deficient design and insufficient maintenance of the roadway, one being
lack of proper streetlighting at the location. UCC worked collaboratively with the City of Phoenix to
demonstrate that the streetlights in question were outside of the requirements of UCC's service
contract, with the streetlights being owned and maintenance by ADOT. UCC's comprehensive
database of service records (over 25,000 work orders under the contract) and comprehensive
record keeping also aided in the clarification. At this time UCC is working to have our firm
dismissed from the claim.
(7) Debarment
UCC has never been debarred by any federal,state or local government agency.
(8) Vendor Information Form
Please see attached'Vendor Information'form,page iv.of the solicitation.
General Construction Services-JOC Statement of Qualifications
Town of Fountain Hills Utility Construction Company,Inc. 7
Solicitation No.CS2019-006 January 7.2019
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B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR:
(1) Vendor's Experience in Similar Services
UCC holds a great amount of experience providing similar services to municipalities (and other public
agencies)within the last five years. In fact,1OC/service contracts comprise more than SO%of UCC's annual
revenue.
UCC experience in providing similar services includes the following recent long-term multi-year service /
JOC contracts:
• U.S. Department of Homeland Security Comprehensive Tactical t 4
Infrastructure Maintenance and Repair(CTIMR)Area 3
• O&M of Industrial Waste Water Pretreatment Plant at Davis- ,ti»W `.
Monthan AFB,Tucson AZ t
• San Carlos Irrigation Project - Electric & Underground Services
Contract .°-
• U.S. Forest Service ID/IQ-Road Maintenance Blading, Black Mesa
& Lakeside districts
I.
• San Carlos Irrigation Project-Generator Maintenance Contract .
• San Carlos Irrigation Project-HVAC Maintenance Contract
• City of Phoenix Streetlight Maintenance JOC
• City of Phoenix Directional Boring JOC
• Cityof Peoria Lighting Maintenance and Inspections (see 2 UCAAreaC Crew �NotegFectiveendng eoffad
below). protection devices.
• City of Phoenix Foundations and Conduit for Traffic Signals 10C
• City of Chandler Streetlight Pole Replacement Contract
• City of Avondale Streetlight Pole Replacement Contract
UCC's long-term multi-year service / JOC contract experience demonstrates UCC ability to be successful
under this JOC for the Town of Fountain Hills across many trades of work.
General Construction Services-JOC Statement of Qualifications
Town of Fountain Hills Utility Construction Company,Inc. 8
Solicitation No.CS2019-006 January 7,2019
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(2) Similar Projects
Following are four (4) project examples of some of UCC's recent relevant work. Each example project
below has been selected to highlight different services / trades of work to illustrate the extent of UCC's
experience and capabilities.
Example Protect#1: Monte Vista RV Resort Expansion Phase 2A
(a) Name of Client: Equity Lifestyle Properties, Inc. . , I;;`
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(b) Contact Name: Mr.Scott Brown -•- -`=
(c) Contact Information: 8700 E. University Drive
Mesa,AZ 85207
(c/o Ms.Cheryl Waggoner)
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Phone: (602)717-4720 ;�
E-Mail:
i 1
scott_brown@equitylifestyle.com ucc Crew Installing new sewer main with
proper trench shoring In place.
(d) Type of Services Provided: Construction of new 115 lot RV
Resort, including site demolition, clear & grub, site earthwork /
grading, water, sewer, storm drain, gas-trench, centurylink / telco,
SRP infrastructure, private electrical, private streetlighting, retention
basins.
(e) Dates of Contract: May 18, 2016-December 31,2016
Example Project#2: Eastmark Community Facilities-Phase VIII Roadway
(a) Name of Client: Brookfield Residential/
DCS Contracting,Inc.
(b) Contact Name: Mr. Dan Haas
(c) Contact Information: 14646 N.Kierland Blvd,Suite 165 it,
Scottsdale,AZ 85254 L"
(c/o Ms.Molly Gromoske) r _
Phone: (602) 292-7011 r
E-Mail: dan@hccminc.com
UCC Crew constructing Traffic Signal Work,
(d) Type of Services Provided: Construction of improvements for Signal Butte Rd&Ray Rd.
new roadway, including streetlighting, traffic signals, landscape
lighting, accent lighting, tunnel lighting, private electrical, SRP
transmission&distribution underground.
(e) Dates of Contract: September 1,2017-August 31, 2018.
General Construction Services-JoC Statement of Qualifications
Town of Fountain Hills Utility Construction Company.Inc, 9
Solicitation No.CS2019-006 January 7,2019
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Q-a-tsu.uon
Example Project#3: Lighting Maintenance and inspection Services.Q16-04
(a) Name of Client: City of Peoria
(b) Contact Name: Mr. David Stanek
(c) Contact Information: 9875 N.85th Ave,2nd Floor
Peoria,AZ 85345(c/o Lisa Houg,Contract Officer)
Phone: (480)201-9315
E-Mail: david.stanek@peoriaaz.gov
(d) Type of Services Provided: Provide lighting maintenance, repair and inspection services for City of
Peoria community parks and schools, including sports lighting, pools, security lights, parking lot lights,
various sports fields and gymnasium lights. Totals approximately 44 different sites/ facilities. Work
has included LED conversions and LED retrofits.
(e) Dates of Contract: Base year+Option Year 1: February 12,2016-February 11, 2018.
Example Project #4: Viewpoint Northpoint Building. Electrical Outage and 500KVA Transformer
Replacement
(a) Name of Client: Flatiron Electric, Inc.
(b) Contact Name: Mr.Steve Ross CI z
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(c) Contact Information: P.O.Box 3819
Apache Junction,AZ 85117 'r ?o
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Phone: (602)989-7899
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E-Mail: steve@flatironelectric.com
(d) Type of Services Provided: Emergency call-out to trouble-shoot
medium voltage outage at Viewpoint RV Resort Northpoint Building. UCCInstallingnewsomaTransformer
Provide and replace faulty 500KNA 12,470-208/120V 30 with Crane.
Transformer.
(e) Dates of Contract: August 10,2018-August 21, 2018.
General Construction Services-JOC Statement of Qualifications
Town of Fountain Hills Utility Construction Company,Inc. 10
Solldtalion No.CS2019-006 January 7,2019
TrrIEboffs
(3) AZ Contractor's Licenses
Following is information for all current UCC licenses issued by the Arizona Registrar of Contractors
applicable to the services proposed by UCC:
Number Classification First Issuance Date
ROC 124023 General Commercial,A General Engineering May 16, 1997
ROC 200356 General Commercial,A-17 Electric and Transmission Lines September 26,2004
ROC 122544 Specialty Commercial, L-11 Electrical May 14, 1997
(4) Additional Documentation
Please let us know if you have any questions or require any additional documentation. UCC will respond to
any requests within 72 hours(or as specified)to assist the Town in its evaluation. Thank you.
General Construction Services-JOC Statement of Qualifications
Town of Fountain Hilts Utility Construction Company.Inc. 11
Solicitation No.CS2019-006 January 7.2019
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C. KEY POSITIONS:
(1) UCC Key Personnel
Table 3 below identifies each of UCC's proposed key personnel to be assigned to the project with
information about each person's employment term,qualifications and experience.
Table 3-UCC Key Personnel
Name Employment
Title/Role with UCC Qualifications and Relevant Experience
Mr.Bob Martin,CCM 20 Years • Holds coveted Certified Construction Manager
Vice President certification (CMAA).
Program Manager • 20 Years Experience in Construction and Service
Contracts.
• Has overseen a majority of UCC work/contracts.
• Served as Program Manager for all JOC/Service
contracts listed in B.(1)above.
• Served as Program Manager for all example projects
listed in section B.(2)above.
• Strong background in multiple trades/services.
Mr. Josh Howland, 3 Years • Certified Associate in Project Management.
CAPM • Manages$3.0-$4.OM in projects annually for UCC.
Project Manager • Served in Project Manager role for many of UCC's
recent JOC contracts.
• Skilled in planning and execution of job orders.
• Strong background in multiple trades/services.
• Proficient in time management and schedule of
resources.
Ms.Natalie Shaffer 5 Years • Served as UCC's Project Engineer for our 5-year City
Project Engineer of Phoenix Streetlight Maintenance Contract, 2014-
2018 (25,000 work orders) -one of UCC's largest and
most high-profile contracts.
• Skilled in organization and administration of project
files.
• Excellent customer service and professional writing
skills.
General Construction Services-JOC Statement of Qualifications
Town of Fountain Has Utility Construction Company.Inc, 12
Solicitation No.C$2019.006 January 7,2019
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(2) Roles and Responsibilities
Based on the organizational structure of UCC, following are the primary roles and responsibilities of UCC's
Key Positions under this JOC:
Program Manager: Monitors UCC's efforts to ensure work is performed properly. Aids in the
implementation of standard procedures for the 10C. Has limited role in day-to-day activities, serving in a
senior management role available to the Town of Fountain Hills if/as needed. Leads UCC's efforts for
preparation and submittal of proposals for task orders under the JOC. Will participate in preparation of 10C
proposals including job-walks, identification of scope of work and cost estimate. Responsible for Quality
Assurance of UCC work as needed.
Project Manager: Primary contact for day-to-day activities of project. Responsible for ensuring adequate
labor, materials, equipment, subcontractor and other resources as required are effectively planned,
organized and implemented in order to construct work efficiently,effectively,safely and with high quality In
accordance with the contract documents. Keeps in contact with Town of Fountain Hill's project
representatives to ensure customer satisfaction. Reports to Program Manager. Responsible for quality
control in collaboration with field team.
Project Engineer: Responsible for submittals, permits, procurement of materials, submittal & transmittal
logs, RFI's, project documentation, compiling field documentation (daily reports, safety forms, inspection
forms, bill of ladings,etc.). Reports to Project Manager. Perform field inspections as needed.
(3) Subcontractors
UCC intends to utilize subcontractor services for any work outside of UCC's self-perform work(see section
A.(4), above). No specific subcontractors are being proposed or included as part of our team at this time.
To aid in the selection in subcontractors, UCC will prepare and implement a subcontractor selection plan
with proposed key features outlined below.
Solicitation of Subcontractors: UCC shall solicit for subcontractor proposals by any of the following
methods:
• Publishing an advertisement for quotations in local trade magazines, bid publications and/or plan
rooms;
• Calling local subcontractors to request quotations;
• Faxing or e-mailing requests for quotations to local subcontractors.
Potential subcontractors will be sought and solicited with notice and opportunities provided to certified
Small Business Concerns (SBC's) and Minority-Owned, Woman-Owned and Small Business firms (DBE's)
found at httos://tracs.azdot.gov. A minimum of three (3) firms should be solicited for all subcontracting
opportunities.
Assistance to SBE subcontractors: UCC will offer assistance to interested SBE subcontractors to aid them in
successfully bidding, securing and completing the work. Examples of ways UCC may aid SBE subcontractors
include offering expedited payment or other special payment terms, assistance with administrative tasks,
assistance securing materials or equipment, offering pre-bid job walks and financial backing or guarantees
General Construction Services-JOC Statement of Oualifications
Town of Fountain Hills Utility Construction Company.Inc. 13
Solicitation No.CS2019-006 January 7.2019
laH
for the purchase of goods required for the project. In the past, UCC has made expedited payment to SBE
subcontractors,even making payment prior to UCC receipt of payment from the Client.
Implementation of Plan: Upon award of the JOC contract, UCC key project personnel shall finalize and
implement the plan. The plan will be finalized with feedback, review and consensus of all UCC key
personnel. Through the life of the JOC the plan may be updated as needed following the same procedure
described above.
Evaluation of Subcontractor Quotes: When reviewing and selecting a subcontractor from responses
received, it will be important to address both subcontractor pricing and subcontractor qualifications.
Award will not be based on price alone. A point system pre-established by UCC will be used to rate
different criteria of the subcontractor, to allow for evaluation and selection of subcontractors based on a
combination of qualifications and price. In addition to pricing, evaluation criteria may include:
• Work experience on Similar Projects • Schedule
• Experience on Town of Fountain Hills • Local Representation(business location)
Projects • Amount of work to be self-performed
• Qualifications of the firm • DBE/WBE/SBE/MBE Certifications
• Safety Record • Approach/Understanding of the Project
• Experience of proposed key personnel
Independent evaluations of a subcontractor quotations will be completed by no less than three (3)
employees of UCC. The points will be averaged or totaled to determine the final score of the
subcontractor. The subcontractor with the highest score will be deemed the best value, and first
recommended for the award. In many cases the low bidder will not be deemed best-value.
Benefit of UCC plan: UCC's Subcontractor Selection Plan will benefit the project by resulting in the selection
of qualified, willing, experienced and reasonably-priced subcontractors to be utilized for work.
Furthermore,UCC's preference to utilize SBE firms may help in the development and growth of those firms.
General Construction Services-JOC Statement of Qualifications
Town of Fountain Hips Utility Construction Company,Inc. 14
Solicitation No.CS2019.006 January 7,2019
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S7m.ara..uo .
CONCLUSION
UCC is genuinely excited about the opportunity to be of service to the Town of Fountain Hills on this JOC.
Our 27 years experience in the valley across many of the trades (services) included in this 1OC makes us a
ideal candidate for this contract.
We have a strong background in JOC's, and are experienced in effectively managing and successfully
performing work under long term contracts.
UCC has built a strong reputation within the valley of successfully performing on contracts of similar scope
and value to this JOC. We have the personnel,experience and commitment to make this JOC a success.
We look forward to being of service! Thank you very much for your consideration of Utility Construction
Company, Inc.
General Construction Services-JOC Statement of Qualifications
Town of Fountain H lls Utility Construction Company,Inc 1 f
Solicitation No.CS2019-006 January 7,2019
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 I and Appendix 2, if awarded the Agreement, agrees to be bound by all
terms and conditions contained therein.
Utility Construction Company, Inc 86-0810765
VENDOR SUBMITTING SOQ FEDERAL TAX ID NUMBER
Bob Martin, CCM, Vice President
PRINTED NAME AND TITLE AUT ORIZED SIGNATURE
8435 E. Baseline Rd, #106 480-654-3100 / 480-654-8374
ADDRESS TELEPHONE FAX#
Mesa, AZ 85209 January 7, 2019
CITY STATE ZIP DATE
bobautilityconstructionco.com
WEB SITE: www.utilityconstructionco.com E-MAIL ADDRESS:
ROC License Numbers and Classifications: AZROC 124023 (A-Gen) , AZROC 200356 (A-17 Ele)
AZROC 122544 (L-11 Ele)
SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS
ENTERPRISES(check appropriate item(s):
x Small Business Enterprise(SBE)
Minority Business Enterprise(MBE)
x 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.
Please see attached
945164.3
Iv
-AZ UTRACS https://utracs.azdot.gov/FirmProfilc?bidderld=11243
Call us:602.712.7761 l Email: AZUTRACS-Support©azdot.gov(mailto:AZUTRACS-Support@azdot.gov)
AZUTRACS iQ�, (/Home/)
Arizona's Transportation Business Portal
Search(DBE) Firm Directory(/Search) l Log in (/Account/Login)
Home (/Home) Register/ Renew(/AzUtracsRegistration/) Contract Compliance
Tools/Resources
Utility Construction Company, Inc.
Firm Information • Firm Description v
Firm Name: Utility Construction
Company,Inc. Electrical Contracting, including electrical
system equipment& install,traffic signals,
DBA Name:
street lights, airport lighting, construction of
Firm www.utilityconstructionco.com utility water/sewer lines;
Webslte:
electrical/communication lines; airport
Firm 19442 E Warner Rd runway construction, Boring, building
Address: Construction-Commercial Building, bus
Mesa,Arizona 85212
Firm County Maricopa Firm Registrations and Certifications
Location:
Firm Work View Map(/Location AZ UTRACS 11243
Territory: (MapLocationByld/11243) Number:
AZ UTRACS 5/22/2021
Primary Suzette Nickum Renewal Date:
Contact:
Firm Phone: 480-654-3100 DBE Cartifid: ,Yes:'
Firm Email: suzette@utilityconstructionco.com ACDSE No
Certified: /�
Secondary Barbara Dehner I,SBC Rogisbrad :VlesF ,(�
Contact:
Secondary 480-654-3100 Primary SBC 236220
Phone: NAICS:
Secondary barbara@utilityconstructionco.com
Email:
1 of 4 1/4/2019,12:51 PM
-AZ UTRACS https://utracs.azdot.gav/FirmProfiie?bidderld=11243
DBEIACDBE Certified NAICS and Descriptions •
[423320]-Brick, Stone,and Related Construction Material Merchant Wholesalers/[238910]-
Construction equipment(except crane)rental with operator/[237130]-Construction
management,power and communication transmission line/[237110]-Construction management,
water and sewer line/[484220]-Dump trucking(e.g.,gravel,sand,top-soil)/[238210]-Electrical
contractors/[237310]-Highway,Street,and Bridge Construction/[237990]-Other Heavy and
Civil Engineering Construction/[238110)-Poured Concrete Foundation and Structure
Contractors/[238120]-Steel reinforcing contractors
Firm Description (see above) :
Electrical Contracting, including electrical system equipment & install, traffic
signals, street lights, airport lighting, construction of utility water/sewer lines;
electrical/communication lines; airport runway construction, Boring, building
Construction-Commercial Building, bus shelter/terminal construction, Dust Control,
earthwork, drill & excavating - grading, drill shafts, Clearing & Grubbing, concrete
Cutting, poured concrete foundations & structures, curb, gutters, sidewalk,
driveways; highway, streets & bridges; and site preparation, mobilization; trucking,
water truck and dump truck services, paving, asphalt trucking, pipe - roadways,
sanitary, culverts, & storm drains, precast concrete, Rebar, reinforcing steel,
structural steel. Broker for electrical equipment & wiring, construction materials,
parts & products. Broker for brick, stone and related materials. Manufacture Light
Fixtures, construction wholesale supplier.
2 of 4 114/2019, 12:51 PM
-AZ UTRACS https:.:/utracs.azdot.gov/FirmProfile?bidderId 11243
Firm Capabilities
la Learn More
Work Category Name Work Category Name
Airport Runway Construction Lighting/Electrical System
Airport Runway Lighting Equipment
Boring Lighting/Electrical System
Installation
Building Construction-Commercial
Building Manufacturer-Light Fixtures
Bus Shelter/Terminal Construction Mobilization
Clearing&Grubbing-Building Paving-Asphalt-Trucking
Demolition Pipe-Roadway
Clearing And Grubbing-Tree Pipe-Sanitary
Removal Pipe Culvert, Storm Drain
Clearing And Grubbing(Not Tree Precast Concrete
Removal)
Rebar
Concrete Cutting
Reinforcing Steel
Construction Wholesale Supplier
Structural Steel
Culverts
Supplier/Broker-Construction
Curb. Gutter, Sidewalk, Driveways Materials and Equipment(No
Curbs&Gutters- installation)
Building/Structures Supplier/Broker-Electrical
Demolition/Removal Equipment(includes Light bulbs)
Drill&Excavate Traffic Signals, Lighting,Fms
Drilled Shafts (Equipment)
Dust Control Traffic Signals,Lighting,Fms
Earthwork (Installation)
Truck Driver(except owner
Electrical
operators)
Excavating-Grading Truck Leasing with Driver
Grading /Construction equipment(except
Jacking, Boring Pipe crane)rental with operator
Trucking
Utilities-Communication&
Electrical
Utilities-Water&Sewer
Water Lines,Sanitary Sewer
3of4 1?4.2019, 12:51 PM
-AZ UTRACS https://utracs.azdot.gov/FirmProfile?bidderld-'11243
Contact Information For Participating UCP Members
ADOT (g) (ity of
Arizona Department of
Transportation City of Phoenix y
Business Engagement and City of Phoenix T U(S l)N
Compliance Office Equal Opportunity Department City of Tucson
1801 W Jefferson#101. MD154A Business Relations Division Department of Procurement
Phoenix,AZ 85007 251 W. Washington St.7th Floor 255 W.Alameda,6th Floor
602.712.7761 Phoenix,AZ 85003 P.O.Box 27210
602.262.6790 or Tucson,AZ 85726-7210
602.534.1557/TTY) 520.791.4593 or 520.837.4000
Select Language E •
This website is maintained by the Arizona Department of Transportation(http://azdot.gov).
©2019-ADOT UTRACS Application
4of4 1/4/2019, 12:51 PM
EXHIBIT B
TO
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
UTILITY CONSTRUCTION COMPANY, INC.
[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
UTILITY CONSTRUCTION COMPANY, INC.
[Sample Job Order]
J,4,KAIN4,
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
IN WITNESS WHEREOF, the parties hereto have executed this Job Order through their duly authorized
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"
jNameJ
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)
1 GENERAL CONDITIONS SUB-CONTRACTOR
OR SUPPLIER
PROJECT MANAGER hours per week $0.00
FIELD SUPERVISION hours per week $0.00
TEMPORARY FACILITIES(attach a list of specific cost
breakdown) $0.00
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
i (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)
47)
ACOREP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
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
Crest Insurance Group, LLC PHONE Diane Walsh FAX
5285 E Williams Cir. Ste 4500 (A/C.No.Extl:480-689-5339 (A/C,No):
Tucson AZ 85711 ADDRESS: DWalsh@crestins.com
INSURER(S)AFFORDING COVERAGE NAIC N
INSURER A:Continental Insurance Company •35289
INSURED 7OUTILCON INSURER B:United Fire&Casualty 13021
Gtilityate Caynsarner, Company, Inc INSURER C:American Mining Insurance Company 15911
Gateway Warner, LLC
PO Box 1820 INSURER D:
Queen Creek AZ 85142 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1969170400 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 W LIMITS
LTR INSD VD POLICY NUMBER (MM/DD/YYYYI (MM/DD/YYYYI
A X COMMERCIAL GENERAL LIABILITY Y Y 6014740478 7/1/2018 7/1/2019 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 _
X 5,000 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 Fla PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
B AUTOMOBILE LIABILITY Y Y 60492641 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT $1,000,000
(Ea accident)
X ANY AUTO BODILY INJURY(Per person) $
— OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident)
A X UMBRELLA LIAB OCCUR 6046348471 7/1/2018 7/1/2019 EACH OCCURRENCE $5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
C WORKERS COMPENSATION Y BAWC287401 7/1/2018 7/1/2019 X PER ERH-
C AND EMPLOYERS'LIABILITY Y/N AMWC287301 7/1/2018 7/1/2019 STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBEREXCLUDED?
(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
B Physical Damage 60492641 7/1/2018 7/1/2019 Comp/Coll Ded: $1,000
B Scheduled Equipment 60492641 7/1/2018 7/1/2019 Value:Listed Below
DESCRIPTION OF OPERATIONS/LOCATIONS I 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(General Liability&Automobile Liability)including
Products Completed.Coverage is Primary&Non-Contributory(General Liability).Waiver of Subrogation(General Liability,Automobile Liability&Workers
Compensation)applies.This form is subject to all policy forms,terms,endorsements,conditions definitions&exclusions.
The Town,its agents,representatives,officers,directors,officials and employees are included as additional insureds when required by written contract.
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.
The Town of Fountain Hills
16705 East Avenue of Fountains AUTHORIZED REPRESENTATIVE
Foutain Hills AZ 85268
&Flit, R:#*cAW
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors -with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named
Insured is required by written contract to add as an additional insured on this coverage part, including any such
person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such
person or organization is an Insured only with respect to such person or organization's liability for:
A. unless paragraph B. below applies,
1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts
or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's
ongoing operations as specified in such written contract; or
2. bodily injury or property damage caused in whole or in part by your work and included in the products-
completed operations hazard, and only if
a. the written contract requires the Named Insured to provide the additional insured such coverage;and
b. this coverage part provides such coverage.
B. bodily injury,property damage, or personal and advertising injury arising out of your work described in such
written contract, but only if:
1. this coverage part provides coverage for bodily injury or property damage included within the products
completed operations hazard; and
2. the written contract specifically requires the Named Insured to provide additional insured coverage under
the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037.
II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract; or
B. a higher limit of insurance than required by the written contract.
a III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS,
the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional
insured whether on a primary,excess, contingent or any other basis. However, if this insurance is required by written
CNA75079XX(1-15) Policy No: 6 014 74 047s
Page 1 of 2 Endorsement No: s
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors -with Products-Completed
Operations Coverage Endorsement
contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to
insurance on which the additional insured is a named insured.
V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition
of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the
additional insured has for any loss covered under this coverage part;
3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the
investigation, defense,or settlement of the claim; and
4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program
applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires
this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which
the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer
receives written notice of a claim from the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires the Named Insured to make a person
or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and
B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75079XX(1-15) Policy No: 6014740478
Page 2 of 2 Endorsement No: 5
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement,
then that other endorsement controls with respect to such provision, and the changes made by this endorsement with
respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance
3. Bodily Injury—Expanded Definition
4. Broad Knowledge of Occurrence/ Notice of Occurrence
5. Broad Named Insured
6. Broadened Liability Coverage For Damage To Your Product And Your Work
7. Contractual Liability- Railroads
8. Electronic Data Liability
9. Estates, Legal Representatives and Spouses
10. Expected Or Intended Injury—Exception for Reasonable Force
11. General Aggregate Limits of Insurance—Per Project
12. In Rem Actions
13. Incidental Health Care Malpractice Coverage
14. Joint Ventures/Partnership/Limited Liability Companies
15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care,
Custody or Control
16. Liquor Liability
17. Medical Payments
18. Non-owned Aircraft Coverage
19. Non-owned Watercraft
20. Personal And Advertising Injury—Discrimination or Humiliation
21. Personal And Advertising Injury-Contractual Liability
22. Property Damage-Elevators
23. Supplementary Payments
24. Unintentional Failure To Disclose Hazards
� 25. Waiver of Subrogation—Blanket
MEOW 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs
- CNA74705XX(1-15) Policy No: 6014740478
Page 1 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and
(2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer
will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement;or
(2) coverage broader than required by such contract or agreement, and in no event broader than that described
by the applicable paragraph A.through H. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or
organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by,on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect
to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner
of such premises.
C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for
bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named
Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such
bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place
prior to the termination of such lease.
D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use
of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense
giving rise to such personal and advertising injury takes place prior to the termination of such lease. The
CNA74705XX(1-15) Policy No: 6014740478
Page 2 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by,on behalf of, or for such additional insured.
E. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but
only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of
the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that
the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal
and advertising injury, takes place prior to the termination of such lease. The coverage granted by this
paragraph does not apply to structural alterations, new construction or demolition operations performed by, on
behalf of, or for such additional insured.
F. Mortgagee,Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's
liability for bodily injury, property damage or personal and advertising injury arising out of the Named
Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by,on behalf of, or for such additional insured.
G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but
only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily
injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which
this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk
vaults, street banners, or decorations and similar exposures; or
b. the construction, erection, or removal of elevators; or
pN
c. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision; or
b. Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
H. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer,
any person or organization whom the Named Insured is required to include as an additional insured, but only
MOM with respect to such person or organization's liability for bodily injury, property damage or personal and
advertising injury caused by:
CNA74705XX(1-15) Policy No: 6014740478
Page 3 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within
the products-completed operations hazard.
2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not
seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own
insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding
anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess
of any other insurance available to such person or organization.
3. BODILY INJURY—EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,
mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical
injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE
Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended
to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence,
offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a
partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the
above to give such notice.
B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give
the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's
reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However,
the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the
Named Insured is aware that this insurance may apply to such occurrence, offense or claim.
5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has
management control:
a. on the effective date of this Coverage Part; or
CNA74705XX(1-15) Policy No: 6014740478
Page 4 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
b. by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary,
contributory,excess, contingent or otherwise,which provides coverage to such organization, or which would have
provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or
narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
A. owning interests representing more than 50% of the voting, appointment or designation power for the
selection of a majority of the Board of Directors of a corporation;or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or
sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above,this insurance
does not apply to: •
a. bodily injury or property damage that first occurred prior to the date of management control, or that first
occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management
control or that first occurs after management control ceases.
5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names
or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to
employ.
6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusions k. and I.and replace them with the following:
This insurance does not apply to:
k. Damage to Your Product
Property damage to your product arising out of it, or any part of it except when caused by or resulting from:
(1) fire;
(2) smoke;
(3) collapse; or
(4) explosion.
I. Damage to Your Work
Property damage to your work arising out of it, or any part of it and included in the products-completed
operations hazard.
This exclusion does not apply:
(1) If the damaged work, or the work out of which the damage arises, was performed on the Named
Insured's behalf by a subcontractor; or
CNA74705XX(1-15) Policy No: 6014740478
Page 5 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2) If the cause of loss to the damaged work arises as a result of:
(a) fire;
(b) smoke;
(c) collapse; or
(d) explosion.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising
out of any one occurrence because of property damage to your product and your work that is caused by fire,
smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit
does not apply to property damage to your work if the damaged work, or the work out of which the damage
arises,was performed on the Named Insured's behalf by a subcontractor.
C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if
an endorsement of the same name is attached to this policy.
7. CONTRACTUAL LIABILITY—RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced
by the following:
Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by fire to premises while rented to a Named Insured or temporarily
occupied by a Named Insured with permission of the owner is not an insured contract;
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an
indemnification of a municipality in connection with work performed for a municipality) under which the Named
Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person
or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or
agreement.
Paragraph f.does not include that part of any contract or agreement:
(1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in (1)
above and supervisory, inspection,architectural or engineering activities.
8. ELECTRONIC DATA LIABILITY
CNA74705XX(1-15) Policy No: 6014740478
Page 6 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following:
This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability
Damages arising out of:
(1) any access to or disclosure of any person's or organization's confidential or personal information,
including patents, trade secrets, processing methods, customer lists, financial information, credit card
information, health information or any other type of nonpublic information; or
(2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate
electronic data that does not result from physical injury to tangible property.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily
injury,
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,
forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named
Insured or others arising out of that which is described in Paragraph(1)or(2)above.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of
any one occurrence because of property damage that results from physical injury to tangible property and
arises out of electronic data.
C. The following definition is added to DEFINITIONS:
Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or
from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes,
drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of
property damage in DEFINITIONS is replaced by the following:
m
Property damage means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use
shall be deemed to occur at the time of the physical injury that caused it;
g b. Loss of use of tangible property that is not physically Inured.All such loss of use shall be deemed to occur at
� 9� P I� Y pY � Y� 1
the time of the occurrence that caused it;or
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate
electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be
deemed to occur at the time of the occurrence that caused it.
For the purposes of this insurance, electronic data is not tangible property.
E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the
$100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that
higher limit.
9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this
policy, provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for
CNA74705XX(1-15) Policy No: 601474047E
Page 7 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks
damages from marital community property, jointly held property or property transferred from such natural person
Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative, or spouse outside the scope of such person's capacity or status as such, provided however that the
spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership
Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named
Insured's business.
10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not
apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
11. GENERAL AGGREGATE LIMITS OF INSURANCE- PER PROJECT
A. For each construction project away from premises the Named Insured owns or rents, a separate Construction
Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations,
is the most the Insurer will pay for the sum of:
1. All damages under Coverage A, except damages because of bodily injury or property damage included in
the products-completed operations hazard; and
2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction
project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the
Construction Project General Aggregate Limit of any other construction project.
B. All:
1. Damages under Coverage B, regardless of the number of locations or construction projects involved;
2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing
operations at a single construction project, except damages because of bodily injury or property damage
included in the products-completed operations hazard; and
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing
operations at a single construction project,
will reduce the General Aggregate Limit shown in the Declarations.
C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for
Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit
or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be
attributed solely to ongoing operations at a particular construction project.
D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments
for damages because of bodily injury or property damage included in the products-completed operations
hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of
the number of projects involved.
CNA74705XX(1-15) Policy No: 6014740478
Page 8 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and
then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or
timetables,the project will still be deemed to be the same construction project.
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as
stipulated.
12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the
Named Insured, will be treated in the same manner as though the action were in personam against the Named
Insured.
13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A. 'Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to
the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory.
(2) the bodily injury first occurs during the policy period, All bodily injury arising from an occurrence will
be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence;
and
B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to:
I. add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
s
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not
limited to express warranties or guarantees.
iii. add the following additional exclusions:
This insurance does not apply to:
IMMO Discrimination
arda
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on
an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual
orientation.
Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
CNA74705XX(1-15) Policy No: 6014740478
Page 9 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state
or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C. DEFINITIONS is amended to:
i. add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or volunteer
workers in the rendering of:
a. professional health care services on behalf of the Named Insured or
b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food,
beverages, medical supplies or appliances by the following providers in their capacity as such but solely to
the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical
trials or product testing.
ii. delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any
common fact, circumstance,situation,transaction, event, advice or decision will be considered to constitute a
single occurrence;
III. amend the definition of Insured to:
a. add the following:
the Named Insured's employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee's employment by the
Named Insured or while performing duties related to the conduct of the Named Insured's
business; and
CNA74705XX(1-15) Policy No: 6014740478
Page 10 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the
Named Insured's business;
when such bodily injury arises out of a health care incident.
the Named Insured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the
Named Insured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the Named
Insured or while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident.
b. delete Subparagraphs(a), (b), (c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED.
D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the
following:
Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer
instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased
specifically by the Named Insured to be excess of this coverage.
14. JOINT VENTURES/PARTNERSHIP I LIMITED LIABILITY COMPANIES
WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or
limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured
was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited
liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to
its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the
personal and advertising injury arising out of such offense first occurred after such termination date;
b. the bodily injury or property damage first occurred after such termination date; and
c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or
limited liability company; and
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up)
insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph
c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising
injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision
entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS.
Please see that provision for the definition of consolidated(wrap-up) insurance program.
15. LEGAL LIABILITY — DAMAGE TO PREMISES I ALIENATED PREMISES I PROPERTY IN THE NAMED
INSURED'S CARE, CUSTODY OR CONTROL
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following:
This insurance does not apply to:
CNA74705XX(1-15) Policy No: 6014740478
Page 11 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
j. Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you,
or any other person, organization or entity, for repair, replacement, enhancement, restoration or
maintenance of such property for any reason, including prevention of injury to a person or damage to
another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any
part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured;
(5) That particular part of real property on which the Named Insured or any contractors or subcontractors
working directly or indirectly on the Named Insured's behalf are performing operations, if the property
damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because your work was
incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire)to
premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of
the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer
consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described
in LIMITS OF INSURANCE.
Paragraph(2)of this exclusion does not apply if the premises are your work.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph (6) of this exclusion does not apply to property damage included in the products-completed
operations hazard.
Paragraphs(3)and(4)of this exclusion do not apply to property damage to:
i. tools,or equipment the Named Insured borrows from others, nor
ii. other personal property of others in the Named Insured's care, custody or control while being used in the
Named Insured's operations away from any Named Insured's premises.
However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to:
a. property at a job site awaiting or during such property's installation,fabrication, or erection;
b. property that is mobile equipment leased by an Insured;
c. property that is an auto,aircraft or watercraft;
d. property in transit;or
e. any portion of property damage for which the Insured has available other valid and collectible
insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its
exclusions.
A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE
as amended below.
CNA74705XX(1-15) Policy No: 6014740478
Page 12 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of
premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any
one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other
personal property of others in the Named Insured's care, custody or control, while being used in the Named
Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property
damage does not apply until the amount of such property damage exceeds$1,000. The Insurer has the right but
not the duty to pay any portion of this$1,000 in order to effect settlement. If the Insurer exercises that right, the
Named Insured will promptly reimburse the Insurer for any such amount.
D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by
the following:
6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit
is the most the Insurer will pay under Coverage A for damages because of property damage to any one
premises while rented to the Named Insured or temporarily occupied by the Named Insured with the
permission of the owner, including contents of such premises rented to the Named Insured for a period of 7
or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of:
a. $500,000;or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following:
(II) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by
the Named Insured with the permission of the owner; or for personal property of others in the Named
Insured's care,custody or control;
16. LIQUOR LIABILITY
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an
additional insured on this Coverage Part.
17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the
following:
ENEE 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the
Insurer will pay under Coverage C— Medical Payments for all medical expenses because of bodily injury
sustained by any one person.The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or
(2) the amount shown in the Declarations for Medical Expense Limit.
CNA74705XX(1-15) Policy No: 6014740478
Page 13 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace
Paragraph 1.a.(3)(b)with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and
18. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended as follows:
The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:
1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United
States of America or Canada, designating that person as a commercial or airline transport pilot;
2. the aircraft is rented with a trained, paid crew to the Named Insured; and
3. the aircraft is not being used to carry persons or property for a charge.
19. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and
replace it with the following.
This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.
20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION
A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort:
Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to:
1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act
would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not
apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but
only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured;or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a
limited liability company)of the Named Insured.
2. add the following exclusions:
CNA74705)0((1-15) Policy No: 6014740478
Page 14 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/0l/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
This insurance does not apply to:
Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past
employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental,
lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity
because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION
Provision does not apply to any person or organization whose status as an Insured derives solely from • -
Provision 1. ADDITIONAL INSURED of this endorsement; or
attachment of an additional insured endorsement to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to
any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY
A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability.
B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY -
CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled
SUPPLEMENTARY PAYMENTS—COVERAGES AAND B:
1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit
are such that no conflict appears to exist between the interests of the Insured and the interests of the
indemnitee;
2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:
So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that
indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred
by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed
to be damages for personal and advertising injury and will not reduce the limits of insurance.
C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if
Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this
Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any
person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22. PROPERTY DAMAGE—ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of
the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
CNA74705XX(1-15) Policy No: 6014740478
Page 15 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
23. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000.
limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000. limit.
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure.
25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim.
26. WRAP-UP EXTENSION: OCIP,CCIP,OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS
Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any
construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up)
insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary
endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance
Programs (C.C.I.P.)is attached,then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was
involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as
damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's
ongoing operations at the project, or during such operations of anyone acting on the Named Insured's
behalf; nor
CNA74705XX(1-15) Policy No: 6014740478
Page 16 of 17 Endorsement No: 1
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
2. Bodily injury or property damage included within the products-completed operations hazard that arises
out of those portions of the project that are not residential structures.
B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available
to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up)
insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up)
insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the
prime contractor/project manager or owner of the construction project has secured general liability insurance
covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled
Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is intended to
be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit
developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs,
detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing,
college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also
does not include hospitals or prisons.
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision
does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
gi All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
a expires concurrently with said Policy.
CNA74705XX(1-15) Policy No: 6014740478
Page 17 of 17 Endorsement No: a.
The Continental Insurance Co. Effective Date: 04/01/2017
Insured Name:UTILITY CONSTRUCTION COMPANY, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WESTFIELD
•
SM
SERIES
BUSINESS AUTO ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
The coverage provided by this endorsement is summarized below and is intended to provide a general
coverage description only. For the details affecting each coverage, please refer to the terms and condi-
tions in this endorsement.
A. Who Is An Insured broadened:
• Additional Insured by Contract, Agreement or Permit
• Legally Incorporated Subsidiaries
• Newly Acquired Organizations
B. Supplementary Payments
• Bail Bonds - $5000
• Loss of Earnings - $500
C. Fellow Employee Exclusion Amendment
D. Coverage Extensions
• Transportation Expenses
• Personal Effects (Excess Basis)
E. Additional Coverages
• Expenses paid for returning a stolen covered auto
• Fire Department Service Charge
F. Airbag Coverage -Accidental Discharge
G. Glass Repair - Waiver of Deductible
H. Knowledge and Notice of an Accident, Claim or Suit
I. Unintentional Failure To Disclose Hazards
J. Worldwide Coverage
K. Definitions
• Bodily Injury Redefined
In addition to the policy amendments contained in A. through K. listed above, the endorsements listed
below will automatically be attached to your policy to complete the coverage provided by the Signature
Series Business Auto Endorsement:
• Audio. Visual and Data Electronic Equipment Coverage Added Limits - CA 99 60
• Auto Loan/Lease Gap Coverage - CA 20 71
• Drive Other Car Coverage - Broadened Coverage For Named Individuals - (Executive
Officers/Spouses) - CA 99 10
• Employee Hired Autos - CA 20 54
• Employees As Insureds - CA 99 33
• Hired Auto Physical Damage (Refer to Auto Declarations page)
• Rental Reimbursement Coverage - CA 99 23
• Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) - CA 04 44
A. WHO IS AN INSURED BROADENED 50% of the voting stock on the ef-
SECTION II - COVERED AUTOS LIABILITY festive date of this endorsement.
COVERAGE, item A. Coverage, 1. Who Is An However, "insured" does not include
Insured is amended to include the following any subsidiary that is an "insured"
additional paragraphs: under any other liability policy or
would be an "insured" under such a
d. Any legally incorporated subsidiary policy but for its termination or the
of yours in which you own more than exhaustion of its limit of insurance.
CA 70 77 10 13
Page 1 of 3
Coverage under this provision is af- C. FELLOW EMPLOYEE EXCLUSION AMEND-
forded only for the first 180 days af- MENT
ter you acquire or form the SECTION II - COVERED AUTOS LIABILITY
organization or until the end of the COVERAGE, item B. Exclusions, 5. Fellow
policy period, whichever comes first. Employee does not apply if the "bodily injury"
results from the use of a covered "auto" you
e. Any organization you newly acquire own or hire.
or form, other than a partnership or
joint venture, and over which you D. COVERAGE EXTENSIONS
maintain ownership or a majority in- SECTION III - PHYSICAL DAMAGE COVER-
terest. However, coverage under AGE, Item A. Coverage, 4. Coverage Exten-
this provision: sions, a. Transportation Expenses is replaced
(1) Does not apply if the organiza- with the following:
tion you acquire or form is an a. Transportation Expenses
"insured" under another auto li-
ability policy or would be "in- We will pay up to $100 per day to a
sured" under such a policy but maximum of $1,800 for transporta-
for its termination or the ex- tion expense incurred by you be-
haustion of its limits of insur cause of the total theft of a covered
"auto" of the private passenger type.
ance; We will pay only for those covered
(2) Does not apply to "bodily injury" "autos" for which you carry either
or "property damage" that oc- Comprehensive or Specified Causes
tutted before you acquired or of Loss Coverage. We will pay for
formed the organization; and transportation expenses incurred
during the period beginning 48 hours
(3) Is afforded only for the first 180 after the theft and ending, regardless
days after you acquire or form of the policy's expiration, when the
the organization or until the end covered "auto" is returned to use or
we pay for its "loss".
of the policy period, whichever
comes first. The following is added to Item 4. Cover-
age Extensions:
f. Any person or organization with
whom you agreed in writing in a c. Personal Effects
contract, agreement or permit, to We will pay up to $500 for the "loss"
provide insurance such as is af- of your personal effects that are
forded under this policy. contained in a covered "auto" due to
This provision only applies if the the total theft of the covered "auto."
written contract or agreement has We will pay only for those personal
been executed or permit has been effects that are contained in covered
issued, prior to the "bodily injury" or "autos" for which you carry either
issued,
"property damage". Comprehensive or Specified Causes
Of Loss Coverage.
B. SUPPLEMENTAL PAYMENTS Our payment for"loss" of or damage
SECTION II - COVERED AUTOS LIABILITY to personal effects will apply only on
an excess basis over other collect-
COVERAGE, item A. Coverage, 2. Coverage ible insurance.
Extensions, a. Supplementary Payments, sub-
paragraphs (2) and (4) are deleted and re- E. ADDITIONAL COVERAGES
placed with the following: SECTION III - PHYSICAL DAMAGE COVER-
(Z) Up to $5,000 for cost of bail COVER-
AGE, A. Coverage, is amended to include the
following additional coverage items:
bonds (including bonds for re-
lated traffic law violations) re- 5. We will pay the expense of returning a
quired because of an "accident" stolen covered "auto" to you.
we cover. We do not have to
furnish these bonds. 6. Fire Department Service Charge
When a fire department is called to save
(4) All reasonable expenses in- or protect a covered "auto", its equip-
curred by the "insured" at our ment, its contents or occupants from a
request, including actual loss of Covered Cause Of Loss, we will pay up
earnings up to $500 per day be- to $1,000 for your liability for Fire De-
cause of time off from work. partment Service Charges:
CA70771013
Page 2 of 3
(a) Assumed by contract or agreement mean that you have such know-
prior to loss; or ledge, unless receipt of such
documents is known to you, any
(b) Required by local ordinance_ of your executive officers or
partners or your insurance
No deductible applies to this additional
coverage. manager.
F. AIRBAG COVERAGE - ACCIDENTAL DIS-
CHARGE HAZARDS
SECTION III - PHYSICAL DAMAGE COVER- Under SECTION IV - BUSINESS AUTO CON-
AGE, Item B. Exclusions, subparagraph 3.a. DITIONS, B. General Conditions, 2.
is deleted and replaced with the following: Concealment, Misrepresentation Or Fraud is
amended to include the following additional
a. Wear and tear, freezing, mechanical paragraph:
or electrical breakdown.
If you unintentionally fail to disclose any
Mechanical breakdown does not ap- hazards existing at the inception date of
ply to the accidental discharge of an your policy, we will not deny coverage
airbag. under this Coverage Part because of
G. GLASS REPAIR - WAIVER OF DEDUCTIBLE such failure.
SECTION III - PHYSICAL DAMAGE COVER- J. WORLDWIDE COVERAGE
AGE, item D. Deductible the following para- Under SECTION IV - BUSINESS AUTO CON-
graph is added: DITIONS, B. General Conditions, 7. Policy
No deductible shall apply to glass dam- Period, Coverage Territory, subparagraph (5)
age if the glass is repaired rather than is deleted and replaced with the following:
replaced. (5) Anywhere in the world, if:
H. KNOWLEDGE AND NOTICE OF AN ACCI-
DENT, CLAIM OR SUIT (a) A covered "auto" of the private
passenger type is leased, hired,
SECTION IV -BUSINESS AUTO CONDITIONS, rented or borrowed without a
Item A. Loss Conditions is amended as fol- driver for a period of 45 days or
lows: less; and
Subparagraph a. under Item 2. Duties In (b) The "insured's" responsibility to
The Event Of Accident, Claim, Suit Or pay damages is determined in
Loss, is amended to include the following a "suit" on the merits, in the
paragraphs: United States of America,
Puerto Rio or Canada or in a
This requirement applies when the settlement we agree to.
"accident," claim, "suit" or "loss" is
first known to: (c) If, for such "autos" a "suit" is
(1) You, if you are an individual; brought outside the territory de-
scribed in 7.(1) through 7.(4)
(2) A partner, if you are a partner- above, we will reimburse the
ship; or insured for defense expenses
incurred with our written con-
(3) An executive officer or insur- sent, but we will make no pay-
ance manager, if you are a cor- ment, nor will we reimburse the
poration. insured for damages.
Subparagraph b.(2) under 2. Duties In K. DEFINITIONS
The Event Of Accident, Claim, Suit Or Under SECTION V - DEFINITIONS, Item C. is
Loss is amended as follows: replaced by the following:
(2) Immediately send us copies of
any request, demand, order, C. "Bodily injury" means bodily injury, sick-
notice, summons or legal paper ness or disease sustained by a person,
received concerning the claim including mental anguish, mental injury
or "suit." or death resulting from any of these.
"Bodily injury" includes mental anguish
Your employees may know of or other mental injury resulting from
documents received concerning "bodily injury".
a claim or "suit". This will not
CA 70 77 10 13
Page 3 of 3
POLICY NUMBER: TRA 3855642 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
(WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply un-
less modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Automatic Status when required by Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Oth-
ers To Us Condition does not apply to the
person(s) or organization(s) shown in the Sched-
ule, but only to the extent that subrogation is
waived prior to the "accident" or the 'loss" under
a contract with that person or organization.
CO insurance Services Office, Inc, 2011 CA 04 44 10 13
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
Any person or organization for which the employer has agreed by written contract, executed prior to
loss, may execute a waiver of subrogation.
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 07/01/2018 Policy No. BAWC287401 Endorsement No.
Insured Utility Construction Company, Inc. Premium
Insurance Company Berkley National Insurance Company Countersigned by
WC 00 03 13
(Ed. 4-84)
®1983 National Council on Compensation Insurance.
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
Any person or organization for which the employer has agreed by written contract, executed prior to
loss, may execute a waiver of subrogation.
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 07/01/2018 Policy No. AMIC287301 Endorsement No.
Insured Utility Construction Company, Inc. Premium
Insurance Company American Mining Insurance Company Countersigned by
WC 00 03 13
(Ed. 4-84)
o 1983 National Council on Compensation Insurance.