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HomeMy WebLinkAboutC2019-006F3 - Builders Guild Contract No. 2019-006F3 JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BUILDERS GUILD,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 Builders Guild, Inc.,a(n)Arizona corporation (the "Contractor"). RECITALS A. The Town issued a Request for Qualifications,CS201 9-006,Construction Services (the "RFQ"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking statements of qualifications from vendors for construction and related services. B. The Contractor submitted a Statement of Qualifications(the"SOQ")in response to the RFQ,attached hereto as Exhibit A and incorporated herein by reference,and the Town desires to enter into an Agreement with the Contractor for Construction Services (the"Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Contract. This Contract shall be effective as of the date first set forth above and shall remain in full force and effect for one year with up to four(one)year renewable options. 2. Job Order Master Contract Process. 2.1 Indefinite Delivery and Quantity. This Contract establishes an indefinite delivery, indefinite quantity, Job Order Contract for such Construction Services within the scope of this Contract as Town may request from time to time by issuance of an individual Job Order for each Project. Unless otherwise specified in a specific Job Order,Job Orders will generally include Design Services and where Design Services are necessary, Town will contract for those services separately. A separate Job Order will be issued for each Project describing the specific Work to be performed by the Contractor for that Project. There may be multiple Projects, and, therefore, multiple Job Orders, under this Contract. 2.2 Non-Exclusive Contract. Town shall have the right to perform work of the types included in this Contract itself or to have other Contractors perform such work. In addition, as to any Job Order, Town may elect to have Design Services provided by Town's internal 1 consultants or by independent Design Professionals. Such action by Town shall not constitute a breach or otherwise violate this Contract. 2.3 No Obligation for Town. This Contract does not obligate or require Town to offer any Job Order to Contractor and no Contract will exist for any specific Work until a Job Order for such Work has been fully executed by Town and Contractor. 2.4 Scope of Work Under This Contract. This Contract is for a broad range of maintenance,repair and minor construction work on real property. The scope of this Contract will be to provide construction services, including minor associated incidental design services, for a broad range of Town renovation and construction projects and will include a variety of trades as set forth on Exhibit B. 2.5 Contract Price for Each Job Order. The amount to be paid by Town for the Project under each Job Order is the Contract Price for the Job Order. The Contract Price includes the Contract Price for the Work. The Contract Price for any Job Order may be a Fixed Price or a Guaranteed Maximum Price(GMP), subject to the following: A. The cumulative sum of the Job Orders performed by Contractor during any twelve (12)month period shall not exceed $125,000.00. B. There is no limit on the number of Job Orders that Town may issue to Contractor during any twelve (12) month period of this Contract or during the entire period this Contract is in effect. C. Contractor may not refuse any Job Order under this Contract properly issued by Town,unless Contractor explains,in writing and to Town's satisfaction, that the scope of work under a specific Job Order is poorly defined or hazardous to health or safety. 2.6 Job Order Format. Each Job Order shall be in the form attached as Exhibit C hereto and shall not be effective or binding until fully executed by all parties. 2.7 Job Order Development. The general steps for development of a Job Order are: A. When Town identifies a need for performance of a Project under a Job Order,Town will issue a request to Contractor and also advise Contractor of the nature of the Work to be done. At the same time, Town will advise the Contractor if Design Services are required and how those services will be provided. Within two (2) working days of receipt of this notification, or such other time as set by Town, Contractor will: (i) Visit the proposed site of the Project with Town designated representatives; and (ii) Arrange with Town to further define the scope of the needed Project. 2 B. Contractor will thoroughly acquaint itself with all available information concerning the conditions of the Work under each Job Order and is responsible for correctly and fully estimating the difficulty of performing the Work, the actions required to perform the Work and the cost of successfully performing the Work under each Job Order. C. Town will arrange for any needed Design Services to produce the Drawings and Specifications, with a copy to Town and a copy to Contractor. Design Services will not begin until the scope of Design Services is approved by Town. The Drawings and Specifications developed as part of the Design Services are subject to approval by Town. If there are no Design Services required for a specific Job Order,Town will develop Drawings and Specifications consisting of a line drawing and a written description of the contemplated Work. D. Upon establishment of the scope of Work needed for a Project, Contractor will prepare its proposal for accomplishment of the Project under either a Fixed Price or a Guaranteed Maximum Price (GMP), as in a form and substance determined by Town. GMP (Open Book) pricing shall consist of direct job cost, project-specific general conditions, general and administrative cost, profit, Bond cost and sales tax will be added to Open Book pricing for total Job Order Cost. 2.8 Issuance of Job Orders. The Town Representative will compare the Contractor's Job Order Proposal with Town's estimate, schedules and other requirements, and then, if the Town Representative determines it is in the best interest of Town, arrange a meeting with Contractor, at which time the Contractor's Job Order Proposal will be discussed and negotiated. If the Town Representative determines that it is in the best interest of Town, Town shall then issue a completed Job Order, in the form attached as Exhibit C, to Contractor for execution. 3. Performance of the Work. 3.1 Specifications. The Maricopa Association of Governments, Uniform Standard Specifications for Public Works Construction, current edition ("MAG Specifications"), Maricopa Association of Governments, Standard Details for Public Works Construction, current edition ("MAG Details"), have been adopted by Town and shall apply to the Work, to the extent applicable. In addition, to the extent Town has adopted its own Town Specifications, and/or Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the "Town Specifications"), those Town Specifications shall apply to the Work when and where appropriate and the Contractor shall fully comply therewith. Any questions or concerns about the applicability of any specific MAG or Town Specifications to the Work shall be directed in writing to the Project Engineer. The MAG Specifications, MAG Details and Town Specifications are incorporated into the Contract. 3.2 Coordination. Contractor shall be responsible for coordinating the performance of the Work with the Project Engineer, Project Manager, Engineering Department and other departments or agencies within Town, the design professionals and other contractors involved in the Project. Contractor shall also cooperate with Town in communicating with, 3 obtaining necessary approvals or permits from, and responding to, any applicable government entity or regulatory agency, including participation in any hearings or meetings. 3.3. Inspection/Reporting. Before starting the Work, the Contractor shall carefully study and compare the various plans, drawings, other Contract Documents, and Specifications relative to that portion of the Work, as well as the information furnished by Town, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to Town in such form as Town may require. The Contractor shall be liable to Town for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions in the Contract Documents if the Contractor, with the exercise of reasonable care should have recognized such error, inconsistency,omission or difference and fails to report it to Town. The exactness of grades, elevations, dimensions, or locations given on any Drawings, or the work installed by other contractors, is not guaranteed by Town. The Contractor shall,therefore,satisfy itself as to the accuracy of all grades,elevations,dimensions and locations. In all cases of interconnection of its work with existing or other work, Contractor shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor's failure to so verify all such grades,elevations, locations or dimensions shall be promptly rectified by the Contractor without any increase in the Contract Price.Any design errors or omissions noted by the Contractor during this review shall be reported promptly to Town, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. 3.4. Extra Work/Changes in the Work/Approvals. Town reserves the right to make such changes in the plans and specifications for the Work,within the general scope thereof, as it may deem appropriate and any such change as set forth in a written Change Order or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein. A. Contractor shall not be entitled to payment for additional work unless a written Change Order or Extra Work Order, in form and content prescribed by Town,has been executed by Town prior to starting the additional work;on all such Change Orders and Extra Work Orders, Contractor shall specify the increased and/or decreased costs and whether it believes any extensions of time will be necessary to complete its Work as modified by the Change Order or Extra Work Order. In no event, however, will the Contractor be entitled to collect for overhead and profit for such changes more than the percentages of Contractor's actual and direct cost incurred in such change as set forth in the corresponding Change Order. If additional work is performed on the basis of an Extra Work Order,a corresponding Change Order shall be prepared,approved and processed by Town before payment can be made to Contractor. B. Upon request by Town, Contractor shall submit for Town's prior approval all samples,product data,shop drawings on all materials,systems and equipment to be incorporated into the Work. 4 C. The Project Manager shall be designated by the Town. All communications concerning performance of the Work or the Project shall be provided to the designated Project Manager, who has the authority to act on behalf of Town, as delineated and limited by the Contract Documents and applicable law. The Project Manager has no authority to bind Town or Town Council in contravention of any Town Code, State or Federal statute or regulation,or this Contract. Project communications may be exchanged by e-mail upon the written agreement of the Project Manager and Contractor, but e-mail communications are not binding upon Town and cannot change the terms of the Contract or the scope of Work or effectuate any change that requires a written change order. The use of e-mails is for information only,and e-mails will have no legal or binding effect. 3.5. Time/Float. Contractor shall strictly comply with the Project schedule approved in writing by Town(the"Contract Time"). The Contract Time shall start with the Notice to Proceed and end with final acceptance of the Work. Contractor shall commence performance of the Work and complete the Project through both substantial completion and final acceptance within the Contract Time,and failure to do so shall be a material breach of the Contract. A. Time is of the essence of the Contract,for the Project,for the Work, and for each phase and/or designated milestone thereof. B. No modification to the Contract Documents or the Contract Time shall be effective unless approved in writing, in advance, by Town. C. The total float time within the overall schedule is for the exclusive use of Town, but Town may approve Contractor's use of float as needed to meet contract milestones and the Project completion date. 4. Payments. Payments shall be made as follows: 4.1 Progress Payments. A. Progress billings will be processed monthly starting upon Project commencement. B. Contractor billings shall be submitted on Contractor's typical invoice form. C. A list of all suppliers (including name, contact information and phone numbers)to be used by Contractor must be received and approved by Town, prior to release of Contractor's monthly progress payment. Town's approval of Contractor's suppliers shall not release Contractor from any of its obligations under this Contract, including without limitation, Contractor's indemnification, and insurance obligations. D. If required by Town. Contractor will be required to execute an Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and Release on final payment contemporaneously with the receipt of partial or final payments, or other form of acknowledgment of payment and/or release of claims as required by Town, 5 as well as unconditional lien waivers executed by subcontractors and/or suppliers who have provided labor, materials, or rental equipment to Contractor. Payments of any amounts covered by any conditional lien waivers may, at Town's sole discretion, be made by joint check issued to the Contractor and the subcontractor or supplier. E. Contractor shall submit all other supporting documentation substantiating its Invoice as may be reasonably required by the Engineer,Project Manager, Town,and applicable laws. 4.2 Final Payment. Final payment including retainage shall be paid only after: (i)the Work has been fully completed (including completion of all incorrect or incomplete work items)and accepted by Town and Engineer;(ii)necessary operating manuals,any excess materials and supplies necessary for matching materials and supplies incorporated into the Work, and complete "as-built" drawings, plans and specifications have been delivered to Town; (iii) if required by Town, full and unconditional lien waivers and releases by Contractor and any person performing labor or supplying material, machinery, fixtures, or tools for the Work have been delivered to Town; (iv) all conditions and requirements imposed by Town or any financing entity for the corresponding disbursement have been met;and(v)Contractor delivers to Town an Invoice requesting payment. The Contract number must be referenced on all invoices. 4.3 Town's Right to Withhold Payment. Town may withhold payment to such extent as may be necessary in Town's opinion to protect Town from loss for which the Contractor is responsible, including,without limitation: A. defective Work not remedied; B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Town is provided by the Contractor; C. failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; D. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; E. damage to Town or another contractor; F. reasonable evidence that the Work will not be completed within the Contract Time set forth in Exhibit B (or otherwise by Town), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or G. persistent failure to carry out the Work in accordance with the Contract Documents. 4.4 Joint/Direct Checks. Payments to Contractor may be made by checks payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of Town it is advisable, payments may be made directly to 6 Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract. 4.5 Payment Not A Waiver. No payment(nor use or occupancy of the Project by Town)shall be deemed acceptance or approval of the Work or as a waiver of any claims,rights, or remedies of Town. 4.6. Liens and Bond Claims. Contractor shall make all payments, in the time required, of all labor and materials furnished to Contractor in the course of the Work and shall promptly furnish evidence of such payments as Town may require. Contractor shall pay when due all claims arising out of performance of the Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of Town, or against payments due from Town to Contractor,or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, Contractor agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of Town, against payment due from Town to Contractor,or against any payment or performance bond, shall be filed or made in connection with the Work by any party who has supplied professional services,labor,materials, machinery, fixtures, tools, or equipment used in or in connection with the performance of this Contract, and Contractor agrees to remove or to cause to be removed any such liens or claims in the nature of a lien or bond claim within ten (10) days upon receiving notice or obtaining actual knowledge of the existence of such liens or claims. In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and against any and all such liens and claims. This paragraph does not apply to claims and liens of Contractor due to non-payment for Work performed. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement,key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection;Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor's applicable licenses issued by the Arizona Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set 7 forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Contractor. 9. Work Standards,Warranties and Correction of Work. All materials and other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract. 9.1 Express Warranties. Within fourteen (14) days of the completion of the Work(or at such earlier time as requested by Town),Contractor shall execute and deliver to Town all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to Town, and any other person reasonably requested by Town, or Town's lender(s). 9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by Town. 9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of(two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, Town may correct it and the Contractor shall reimburse Town for the cost of correction. 10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof(the Town and any such person being herein called an"Indemnified Party"),for,from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees,court costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims")to the extent that such Claims(or actions in respect thereof)are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do 8 business in the State of Arizona pursuant to AitiZ. REV. STAT. § 20-206,as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name,to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a"claims made" basis,coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with 9 respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. if any of the policies required by this Agreement expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A$25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement,as applicable. Additionally,certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO")Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. 10 (2) Contractor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery(subrogation) against Town, its agents, representatives,officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a$2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law,for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO,Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section ID is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be"follow form"equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of$1,000,000 each occurrence on Contractor's owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives,officers,directors,officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 11 C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Contractor engages in any professional services or work in any way related to performing the work under this Agreement,the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor,or anyone employed by the Contractor,or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than$500,000 for each accident, $500,000 disease for each employee and$1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire,be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination;Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and,as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party,such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperforniance 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: Builders Guild, Inc. 4950 East Ingram Street Mesa, Arizona 85205 Attn: Kathryn B. Carter, 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 AR1z.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 &A i . ' 'tl'it'%" Grady E. Miller,C 1 anager ATTEST: / / ` All..f Eizabeth A. r e, Town Clerk APPROV AS TO FORM: on .Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) On 0J1.C.V1 ZAP , 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. OrFlcla�s�aL �Q� f PATRICIA JO TOAD�- Ocr0 ��` — — Commise{on/521340 Notsry Public.Sfath of Arizona Notary Public MVMARICOPA COUNTY My comm.expires Dec.A,2020 (A -— [SIGNATURES CONTINUE ON FOLLOWING PAGES] 18 "Contractor" BUILDERS GUILD, INC. a(n)Arizona corporation By: 7 ati-1-- „oh.,t,„_. Name: Kathryn B. Carter Title: President (ACKNOWLEDGMENT) STATE OF Arizona ) ) ss. COUNTY OF Maricopa ) On February 27, , 2019, before me personally appeared Kathryn B Carter, the President of BUILDERS GUILD, 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 signed the above document on behalf of the corporation. Nc tary Public it K. ()STRAND !► '� *..;r ;;h{ic-Arizona �i • >pa County . i�'al4 t ;:o;emission Expires ton '.kcember31,2020 0.44.4 19 EXHIBIT A TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BUILDERS GUILD,INC. [SOQ] See following pages. El [ TABLE OF CONTENTS p LETTER OF INTRODUCTION A. GENERAL INFORMATION 1 ❑ B. EXPERIENCE AND QUALIFICATIONS 2 ❑ Banner Health Network 2 City of Goodyear 2 ❑ City of Mesa 3 City of Phoenix 3 ❑ City of Scottsdale 3 ❑ City of Tempe 4 City of Tolleson 4 ❑ Daicel Safety Systems America AZ I Special Devices, Inc. 4 HonorHealth 5 ❑ NXP Semiconductors . 5 Salt River Project 5 ❑ Building & Improvements 6 Slabs / Foundations 6 ❑ Walls / Flooring / Roofing 7 Debris 7 ❑ Doors /Windows 8 Canopies / Shades 8 ❑ Ramps 9 CI Fences 9 Fences/Gates 10 ❑ Plumbing / Sprinklers 10 Lighting 11 ❑ Wiring /Conduit 11 Fixtures & Equipment 12 ❑ Other Construction-Related Projects 12 ❑ Added Value Millwork 13 ❑ C. KEY POSITIONS 15 ❑ Nick Nikrant, Project Manager 15 Gary Patton, Preconstruction Manager 16 ❑ Gary Hannappel, Project Superintendent 16 Marcia Schlinglof, Contracts Administrator & Project Coordinator 16 D Bob Carter, Principal & Project Executive 17 E_ APPENDIX U Vendor Information Form ❑ Key Position Resumes Li BUILDERS GUILD, INC. Construction Professionals r ❑ HAND DELIVERED ❑ January 7, 2019 Town Clerk Town of Fountain Hills Cj 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 Re: General Construction Services JOC Solicitation CS2019-006 ❑ Dear Selection Committee Members: Builders Guild, Inc. (BGI)knows that job order contracting is more than just another construction project delivery method. A successful JOC program consists of long-term, collaborative processes that provide a unique opportunity among the participants to develop a mindset of partnering—a strong trend in the construction ❑ industry that begins with initial project design and continues throughout the construction process. We hope to participate in that collaborative process with the Town of Fountain Hills in support of your job order contracting needs. ❑ Twenty-one different entities, including municipalities, hospitals, manufacturing and semiconductor facilities and others, have trusted us with job order contracts or very similar delivery methods over our 38 years in the construction industry. We have built strong relationships and have integrated seamlessly into facility operations ❑ for timely and effective project delivery in occupied facilities. BGI offers you the same project delivery expertise, ❑ quality, innovation and professionalism that our other JOC partners have come to expect. This Statement of Qualifications documents our experience in and our full understanding of the oversight ❑ responsibilities of job order contracting. We believe our firm and the Town of Fountain Hills would derive mutual benefits from a JOC partnership and look forward to the Committee's recommendations. ❑ Sincerely, El ❑ ("-1 Ctikwp. ❑ Kathryn B. Carter, President 602.818.8339(cell) kathyc@buildersguild.com L.1 ❑ 4950 E.Ingram Street •Mesa,Arizona 85205-3315 • (480)833-0404 • Fax(480)833-0980 11 General Commercial tic.No.072528 • Residential General Building Lic.No 053636 • General Enginering Lic No 090845 A. GENERAL INFORMATION - 10 PTS. Li (1) One page cover letter as described in Section 1.2(C). El (2) Provide Vendor identification information: : i - Legal name: BUILDERS GUILD, INC. (BGI) f Li Address: 4950 E. Ingram Street ElMesa,AZ 85205 - . ;-- i P r% Identification No. 86-0409198 -,,� .. , 1 a Legal Status: Arizona Sub Chapter C Corporation Corporate Officers: [] Name Address Title Kathryn B. Carter 11024 N. 84`"St. President [ Scottsdale, AZ 85260 Robert D. Carter 11024 N. 84`"St. Executive Vice President . ❑ Scottsdale, AZ 85260 Chief Operating Officer 8502 E.Mark E.Acre Mesa,AZ Indigo5207t El Vice President St ❑ Nicholas J. Nikrant Mesa AZ 85215 Vice President Ellen K. Ostrand 2147 E. Browning PI- Corporate Secretary ❑ Chandler, AZ 85286 Kathryn B. Carter 11024 N.84tn St. Treasurer ❑ Scottsdale,AZ 85260 ❑ (3) Identify the location of the Vendor's principal office and the local work office, if different from the principal office. Same: 4950 E. Ingram Street, Mesa, AZ 85205-3315 ❑ (4) Provide a general description of the Vendor that is proposing to provide the Services, including years in ❑ business. BGI, founded in 1980, is a Mesa-based general contractor. We have built a reputation on skill, integrity and dependability during 38 years of successful operations in Arizona. Our team of construction professionals specializes in the Job Order Contracting (JOC) delivery process and is especially adept at ❑ managing and safely executing multiple, concurrent construction projects of comparable size and complexity to those to be completed for the Town of Fountain Hills as a part of this Job Order Contracting Services Contract. ❑ Through a partnering approach with our subcontractors and customers, we build strong relationships and are able to integrate seamlessly into facility operations for timely and effective project delivery. As a complement to our construction operation, BGI operates an 8,000sf custom architectural woodworking 0 facility at its corporate offices in Mesa, Arizona. Our millwork division has fabricated and installed thousands of feet of ASI premium grade casework including plastic laminate cabinetry and countertops, workstations, O storage lockers, mail sorters and other specialized and custom casework to meet the requirements of our customers. The mill shop has produced hundreds of custom solid wood and wood veneer millwork pieces O including conference tables, boardroom AN centers, reception desks, and casework for complete office suites and reception areas as well. ❑ Finally, BGI is a woman-owned Small Business Enterprise (SBE) and Disadvantaged Business Enterprise ❑ (DBE) certified to perform work in the following areas: drywall, texture, painting & wall-covering, cabinetry and casework fabrication and installation, furnish and install doors, molding, trim, flooring, wall paneling and crown ❑ molding, and indoor air quality/infection control. Our AZ-UTRACS Number is 15680. ❑ (5) Contract or subcontract that has been terminated within the last five years None. (6) Claims that resulted in litigation or arbitration within the last five years. None. L I (7) Debarred by any federal, state or local government entity within the last five years. No. ri (8) Vendor Information Form (may be attached as separate appendix). See Appendix ► Li Town of Fountain Hills General Construction Services JOC Page 1 ❑ B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR - 30 PTS. (1) Provide a detailed description of the Vendor's experience in providing similar services to municipalities or other El entities of a similar size and in a similar climate to the Town within the past five (5) years, specifically relating experience with respect to Services. Li BANNER HEALTH NETWORK n Contact: Joe Micelli, Project Manager, D&C, Banner Del Webb Medical Center Address: 13950 W. Meeker Blvd., Sun City West,AZ 85375 Banner l'ankh [{ Telephone: 602.747.7501 (office) 602.316.4629(cell) Email: joseph.micelli@bannerhealth.com ❑ Dates: 1999 to Present ❑ Jobs: 1,162 I Value: $48,045,123 Master Contract rl Remodel/renovation/refurbishment/expansion of entire hospital floors / pods / towers I units, nurses' stations, waiting rooms, pharmacies, labs, ICUs,chapels and administrative offices including: Li • Flooring • Finishes • Ceilings • Reception areas Li • Cabinetry • Solid surfaces IT Replacement of medical equipment including infrastructure upgrades when required: • Operating Room video and lighting booms [j • Nuclear medicine cameras • Patient lifts [? • Linear accelerators Upgrades to: [j • HVAC • Elevators IT • Refrigerator storage • Heat pumps Li All work includes phasing to keep facility or area operational, Infection Control Risk Assessments, Interim Life Safety ❑ Measures, and clean&quiet construction techniques. CITY OF GOODYEAR .4•Ji ❑ Contact: Regis Reed (now with the City of Eloy) Address: 628 N. Main Street, Eloy,AZ 85131 ❑ Telephone: 520.464.3082 Email: rreed@eloyaz.gov ❑ Dates: 2014 to 2015 D Jobs: 2 I Value: $277,808 Cooperative Agreement Based on ADOA JOC ❑ ERP Team Collaboration Space: Furnished design-build services to remodel an existing 3,500sf space for use by a consulting firm performing work for the City and thereafter, to act as a City Conference Center. This was an aggressive, ❑ fast-track project due to tight timelines for occupancy which necessitated expedited materials delivery and scheduled off- hours work to achieve the desired completion date. Preconstruction design services included: millwork, flooring, drywall, painting, acoustical ceiling, HVAC and electrical. Building D Remodel: Addition of three new administration offices, a conference room and reconfiguration of system ❑ furniture. Included metal stud walls, sheet rock, electrical&data drops. ❑ Town of Fountain Hills General Construction Services JOC Page 2 CITY OF MESA �'1• Contact: Barry Lougheed, Facilities Maintenance Foreman mesa.az' fl Address: 340 E. Sixth Street, Mesa,AZ 85211 Telephone: 480.644.3732 (office) 480.582.8347 (cell) Email: barry.lougheed@mesaaz.gov L. Dates: 2009 to 2012 12014 to 2017 12017 to 2020 ❑ Jobs: 108 I Value: $2,108,633 Building Maintenance Services Master Agreement Li Services at the following City of Mesa facilities: police stations, fire stations, airport, East Mesa Service Center, Commu- nications Building,libraries, cemetery, Plaza Building, Utilities Building, IT Center and Fitch Training facility including: ❑ • Interior remodels/finishes • Fence repairs and upgrades Li • HVAC upgrades • Shade canopies • Lighting retrofits • Drain line replacement n • Laundry room renovations • Cabinetry&solid surface fabrications • IT remodel and relocation • Ceiling repairs Li • Overhead door operator replacements • Storefront entrance installation ❑ • Restroom remodels Li CITY OF PHOENIX Q Contact: James Marshall, Environmental Quality Specialist city ofPhoenix Address: 200 W.Washington Street„ Phoenix,AZ 85003 Li Telephone: 602.534.3747 (office) 602.725.0361 (cell) Email: james.marshall@phoenix.gov ❑ Dates: 2012 to 2015 Jobs: 7 I Value: $780,964 ❑ Aviation Demolition Services(Federally Funded)JOC ❑ Complete demolition of 53 properties/structures and subsequent removal including: • Walls,footings and foundations ❑ • Floors • Basement features ❑ • Asphalt and concrete parking lots,pads, etc. • Septic tanks ❑ • Storm drains • Pipes r • Conduits,etc. ❑ After removal of all sub-level improvements in their entirety, excavation sites were backfilled and compacted to existing grade for final stabilization and dust control. 0 ❑ CITY OF SCOTTSDALE Contact: Dave Lipinski, P.E. ,t u. ❑ Address: 7447 E. Indian School Rd., Suite 205, Scottsdale, AZ 85251 { Telephone: 480.312.2641 (office)480.258.2275(cell) D Email: dlipinski@scottsdaleaz.gov Dates: 2018 to 2019 -- r • Newly Awarded Citywide Vertical Construction JOC ❑ No services rendered at this time. 0 0 Town of Fountain Hills General Construction Services JOC Page 3 (1 CITY OF TEMPS -�°F F-4 i_J Contact: Chris Kabala, Project Manager-Public Works Department 1,'-; r a fl Address: 31 E. Fifth Street, Tempe,AZ 85280 v I V' Telephone: 480.350.8585(office) 480.204.5278(cell) .__4) Z a • Email: chris_kabala@tempe.gov U-i Dates: 2011 to 2015 12015 to 2020 f, Jobs: 30 I Value: $4,192,287 Public Works JOC Li Preconstruction services including design assist when required, and construction services for the remodel, refurbishment,upgrade and/or repair of various City facilities including City Hall, administration buildings,water treatment Fl plants,data center, parking garage, transportation facility, police and fire stations, and parks including: L.i • Interior remodels/finishes • Roof removal&replacement • HVAC upgrades • Security upgrades • Chiller replacement • Cabinetry&solid surface fabrications and installations • Restroom remodels • Irrigation additions& repairs ❑ • Electrical distribution improvements • Stable repairs • Public swimming pool resurfacing/repairs • Structural repairs ❑ • Exhaust system upgrades • Fall protection Li CITY OF TOLLESON Contact: Paul Gilmore, P.E., City Engineer ��� Address: 9555 W. Van Buren Street,Tolleson,AZ 85353 111,0r -1•�J U Telephone: 623.474.4998 C Email: pgilmore@tollesonaz.org El Dates: 2016 to Present Li Jobs: 1 I Value: $169,626 Qualified Vendor for Small Projects Design &Construction Services ❑ 93rd Avenue&Taylor Water Line Realignment: Removal of 130If of existing 8"ACP Waterline and installation of 416If of 8"DIP and 201f of 6" DIP . Installation of one(1) new 5-1/4" Fire Hydrant, five(5)new water service connections and ❑ one(1)backflow prevention assembly. 0 *Ile DAICEL SAFETY SYSTEMS AMERICA AZ DAICEL ❑ SPECIAL DEVICES, INC. _ Contact: Bob Daigneault, Facilities Manager to<Z.^ '' ❑ . Address: 3431 N. Reseda Circle,Mesa, AZ 85215-9101 Telephone: 480.222.8643(office) 480.220.2615 (cell) 1. °"�`� "*'__ ❑ Email: bob.daigneault@sdi.daicel.com ❑ Dates: 2002 to Present Jobs: 196 I Value: $29,441,902 ❑ Preferred On-Call Contactor Remodel, repair and refurbishment of existing administrative and production facilities,new construction of an inflator ❑ manufacturing building and administrative warehouse building. Jobs have ranged from$1,378 to$11,730,792 in value. ❑ Services have included: • Site work • Construction of tilt-up warehouse structures • Secure entrances ❑ • Interior remodels/finishes • Construction of pre-engineered buildings • Loading docks • Concrete block walls (magazines) • Exterior landscaping • Storm drains ri • Doors&frames • Parking lots • Demolition • Upgrade& modernize existing building • Solid surface and/or cabinetry • Lockers " • Renovate double wide trailer fabrication&installation • Shower expansion • Irrigation • Lunchroom expansion &upgrades (" • Elevators • Miscellaneous repair work • Restroom remodels L Town of Fountain Hills General Construction Services JOC Page 4 CI HONORHEALTH (Formerly John C. Lincoln Health Network) HONORHEALTH Contact: Mike Lenz, Senior Project Manager, CBRE ❑ Address: 2500 W. Utopia Road, Phoenix, AZ 85027 Telephone: 623.879.6100(office) 602.882.5492 (cell) Email: Michael.lenz@honorhealth.com ❑ Dates: 2002 to Present Ei Jobs: 316 I Value:$26,118,625 Master Contract for Construction Services Li Remodel I renovation / refurbishment / expansion of entire hospital floors I pods / towers 1 units, nurses' stations, ❑ waiting rooms, pharmacies, labs, ICUs, chapels and administrative offices including: • Flooring • Reception areas • Solid surfaces ❑ • Finishes • Cabinetry • Ceilings ❑ All work includes phasing to keep facility or area operational, Infection Control Risk Assessments, Interim Life Safety ❑ Measures, and clean &quiet construction techniques. • NXP SEMICONDUCTORS (Formerly Freescale Semiconductor)D [Ng-i Contact: Dan Peloso, Arizona Regional Construction/Tempe Site Operations Manager Address: 1300 N. Alma School Rd., MD CH335,Chandler,AZ 85224 Telephone: 480.814.4162(office) 480.225.0058 (cell) ❑ Email: dan.peloso@nxp.com ❑ Dates: 2006 to Present Jobs: 7 I Value: $2,542,288 [1 Site Services Agreement [U Various services at operational 100mm wafer manufacturing facility including: • Class 1000 Clean Room • Masonry • Clean Room wall system addition (3,800sf new • New roof system • Dissipative raised access flooring system construction) • Structural steel • Siding • Demolition (openings into • Site work • HVAC ❑ adjacent building) • Concrete • Electrical SALT RIVER PROJECT ' ❑ Contact: Curtlin Johnson, SRP Senior Facilities Project Manager dirapitla Address: Now Project Manager at ASU Capital Programs Management Group inarar D 1551 S. Rural Road,Tempe,AZ 85281 Telephone: 480.965.8678 (office) 602.741.9554 (cell) ❑ Email: curtlin.johnson.asu.edu Dates: 1985 to Present ❑ Jobs: 50 I Value: $9,124,703 Li Master Agreement ❑ Services have included: L • Buildings& Improvements • Fences/Gates • Painting • Canopies/Shades • Walls, Flooring, Roofing • Plumbing • Site Work • Fixtures • Demolition • Fire Sprinklers • Restroom Remodels • Masonry Walls • Doors&Windows • Lighting • y Upg rades U rades L D Town of Fountain Hills General Construction Services JOC Page 5 2) Vendor should demonstrate successful completion of at least three (3) similar projects within the past five (5) years. Li For the purpose of this Solicitation, "successful completion" means completion of a project within the established D. schedule and budget and "similar projects"resemble this project in size, nature and scope a. Company/Org: Deice!Safety Systems America AZ I Special Devices,Inc. Li Project Name: Inflator Manufacturing Facility, Phases I &II i ❑ b. Contact Name Bob Daigneault, Facilities Manager c. Contact Address: 3431 N. Reseda Circle, Mesa,AZ 85215-9101 [.j Contact Phone: 480.222.8643(office) 480.220.2615(cell) Contact Email: Bob.daigneault@sdi.daicel.comEl W d. Services Provided: Phase I: Site and infrastructure upgrades including a storm drain system consisting of C five retention areas, a fire loop, and MEP and fire suppression systems. r'- Subsequently, a 63,804sf tilt-up concrete building comprised of 30,073sf allocated for 0 ❑ production and 33,731sf designed for the spine, warehouse and administrative Z functions was erected in four parts, together with three outlying 2,400sf pre- n CI inflator magazine buildings to house materials for the manufacture of airbag Ro inflator components. _ Phase II: Additional site and infrastructure upgrades. Subsequently, a 32,861sf tilt-up 3 ❑ concrete building designed for the manufacture of airbag inflator and ignitor -0 components was erected. The building features a secure entrance, spine, elevator, 0 t, ❑ loading docks, storm drains, with exterior landscaping and an additional parking lot C included in the scope of work. Preferred On-Call Contractor m e. Contract Dates: 04/002/2015-02/10/2017 (preconstruction and construction for both phases) rn Li Z Phase II Phase , ... l ". ❑ Compieted Td!•tip Neu Genstar.;:on ❑ a. Company/Org: Daicel Safety Systems America AZ j Special Devices,Inc. r Project Name: Inflator Manufacturing Facility, Phases I&II b. Contact Name Bob Daigneault, Facilities Manager r c. Contact Address: 3431 N. Reseda Circle,Mesa,AZ 85215-9101 Contact Phone: 480.222.8643(office) 480.220.2615 (cell) U) ❑ Contact Email: Bob.daigneautt@sdi.daicei.com (i d. Services Provided: Foundation slabs for tilt-up buildings described in Phases I & II above. 03 El e. Contract Dates: 04/002/2015-02/10/2017 (preconstruction and construction for both phases) 71 . I ; ''0 41 e+.°;._ - "` C ❑ Z ❑ 0 O 0 . ,, Z 0 . �:: CA 4 'dlct. ' ` NighIt o`Tin Up Ho I r y Sa3h;Foc.nralron Conr.r�:1e Til-Up Bur'd r19 Slab!Foundalion Co,,,re'e l_1 , Town of Fountain Hills General Construction Services JOC Page 6 I a. Company 1 Org: City of Tempe T Project Name: Parking Garage Tenant Improvements b. Contact Name Chris Kabala, PE, Project Manager/Public Works Department c. Contact Address: 31 East Fifth Street, Tempe,AZ 85280 tt [ Contact Phone: 480.350.8585(office) 480.204.5278 (cell) „r Contact Email: Chris_kabala@tempe.gov r d. Services Provided: Improvements for restrooms and janitor closet in an unoccupied tenant space on co Levels 1 and 2 within a five-story parking structure. Project included the installation of . [ ' new floor finishes, ceiling materials, electrical and mechanical equipment for the "n restroom facilities. Also included was the relocation of and new addition of r" mechanical units to the roof top with screen panels at Level 3, modifications to the 0 mechanical space and replacement of roofing materials. 00 e. Contract Dates: 04/10/2014-7/25/2014(preconstruction &construction) /Z 11 :,___--1 ,, xi =r ' 10 ' m z e \i,,,,t, , ,,................. mg ' .; r.L Fc. :; c roc rz, `. ,,. 1,,I. , �'. ..i1,..FIios f.Q{j7 n1£bl 's :c ) rAe[ •r:al�fr its on NW RooF < `�r rim.- '`r,l , C r - a. Company I Org: City of Phoenix Project Name: Aviation Demolition Services VARS Groups 16,23,24,&26 Ei b. Contact Name James Marshall, Environmental Quality Specialist C, c. Contact Address: 200 W.Washington Street, Phoenix,AZ 853003 Contact Phone: 602.534.3747(office) 602.725.0361 (cell) Contact Email: James.marshall@phoenix•gov 1 d. Services Provided: Job Order Contracting involving demolition and haul-off of existing house structures, Cl foundations, concrete slabs, fencing and vegetation on 28 properties averaging 1,500 sf per property within the Sky Harbor flight paths (VARS boundary). Project included i Ground Penetrating Radar (GPR) of each site prior to any underground excavation. C7 All properties were graded and capped with washed river rock for soil stabilization and I dust control co e. Contract Dates: #18: 04/07/2014-05/23/2014; #23: 01/12/2015-03/02/2015; Cl) L #24:03/16/2015-04/30/2015; #26:07/27/2015-09/11/2015; C.3 r'° k • Li owl ...,,,,,„ t i` •r 'W' Hti , fir .: , .G«; �r 1"y{I yrr }�4y " ,�, .+ �II'•5 b,. $ ,). !..5yff 1 ra wd ,f., r *L"o!'/ • ar .t . r' , rt;ir +P4;�#° '',. ft7q 1,4; III Lr s a5, ,1 it 4011/4{ .1 r ' AE'' ,,,itor. ExampIP of Qegjoli�or P'ri;: Example of pemol;ron Stabtlization l Town. • ,. e'"---1 . . -:,, Services JOC - paps 7 I ri a. Company/Org: City of Tempe I Project Name: ESB Minor Remodel [--I b. Contact Name Chris Kabala, Project Manager-Public Works Department c. Contact Address: 31 East Fifth Street,Tempe,AZ 85281 Li Contact Phone: 480.350-8585(office) 480.204.5278 (cell) Contact Email: Chris_kabala©tempe.gov ❑ d. Services Provided: Interior remodel (543sf) which included furnishing and installation of four new doors ❑ with side lights and all applicable finish hardware. v0 e. Contract Dates: 08/25/2014-09/15/2014 0 ❑ CR ❑ �. •�" , o H r Cn ❑ fi El ❑ lrista'led Door..•1 U"de Ligl:', ❑ a. Company/Org: City of Tempe ❑ Project Name: Apache Police Station Security Improvements b. Contact Name Ernie Frasquillo,Senior Engineering Associate ❑ c. Contact Address: 31 East Fifth Street,Tempe,AZ 85281-3601 D Contact Phone: Contact Email: 480.35Ern store quillo@te2645 mpe480.27 g V0.2044(cell) ❑ d. Services Provided: Job Order Contracting including fabrication and installation of new open air C) structural steel and fabric shade canopies over an existing stairway and balcony in ❑ order to conceal working police officers from view of residents and guests of a new O multi-story apartment complex in close proximity to the police station. TO MIMS ❑ e. Contract Dates: 05/07/2018-10/30/2018 ❑ ,�--o . ir I A Y , , , El 0 ri. r., 0 .0,.T.,-, AtIl ,,.... ...... , . _ ___,. ., ❑ '� - pti i, P i ❑ Balcony Shades Shade Cariop es Over Stair .ay..c,3al:.onk ❑ Town of Fountain Hills General Construction Services JOC Page 8 El a. Company/Org: Deice! Safety Systems America AZ(DSSA AZ)I Special Devices,Inc. (SDI) [ Project Name: Inflator Manufacturing Facility Expansion, Phases I &II L-i b. Contact Name Bob Daigneault, Facilities Manager c. Contact Address: 3431 N. Reseda Circle, Mesa,AZ 85215-9101 D Contact Phone: 480.222.8643(office) 480.220.2615(cell) Contact Email: Bob.daigneault@sdi,daicel.com Cl d. Services Provided: Excavation, grading, concrete and railings for loading dock ramps at two tilt-up ❑ warehouses and three pre-engineered buildings as part of a two phase, $17,000,000+expansion. Work performed as On-Call Preferred Contractor. L e. Contract Dates: Various dates between 04/02/2015 and 02/10/2017 ❑ I D P cn D _ . ❑ 0 ,.., , ls 4 I Waret:ouse o•si,ng[ • -can- Magazine Bu!d q Lcaai^g Dock Rama z,.. F [ a. Company/Org: City of Mesa Project Name: Falcon Field Airport Terminal Reconfiguration,Upgrades and Expansion 1 [ b. Contact Name Steve Ketchum, Senior Civil Engineer c. Contact Address: 20 East Main Street, Mesa,AZ I Contact Phone: 480.644.2513 Contact Email: Steve.ketchum@mesaaz.gov d. Services Provided: Creation of tiered step viewing area, complimented with desert landscaping, as part D of CMAR contract for complete interior&exterior face lift. e. Contract Dates: 03/26/2015-12/11/2015 [ f _ . m 0 ,_ . to D t N F. • 7.7 ` ,.,: ' ❑ ,s!N,IPwinn Amp( Tiered Steps/Viewing Area(Airsrcc) L,. Town of Fountain Hills General Construction Services JOC Page 9 CI a. Company!Org: City of Mesa , .t Project Name: Cemetery Fence Repair ,w. , b. Contact Name Barry Lougheed, Facilities Maintenance Foreman , = r ; c. Contact Address: 340 East Sixth Street, Mesa,AZ 85211 I Contact Phone: 480,644.3732(office) 480.582.8347(cell) Contact Email: Barry,iougheed c@mesaaz.gov I d. Services Provided: Patching, welding, repairing and repainting the boundary fence at the City of Mesa Cemetery. Work included grinding away all rusted areas, cutting and welding pieces Li to make the fence stable and paintabie, re-anchoring portions as needed, priming tr1 and painting the fence and, on the west side, repairing and painting concrete. Work I. performed under Building Maintenance Services Contract 0 [ e. Contract Dates: 05/28/2018-06129/2018 M E It'lli* i ' c r t ! ri',it rt i . f :pIlfr 41' ':r� :4 nvpir Pi I , 141: ,.. --.41- . ,..1.,,r1 in , r'w,i • ti isi, - ' .' , 11{pcisi+4a ra�Q lrlat 1. + . =;lll ! I , ❑ �tlu�;: ,,Ilallll�l g �DDE 811111131 Iwo West Entrance Gate with - as e [ a. Company!Org: HonorHealth Scottsdale Osborn Medical Center Project Name: 12 Handwashing Sinks I b. Contact Name Ron Hardy,Senior Project Manager [ c. Contact Address: 7400 E. Osbom Road,Scottsdale,AZ 85251 Contact Phone: 480.882.5704(office) 480.882.5704 (cell) CI Contact Email: Ron.hardy@honorhealth.com p d. Services Provided: Installation of new hand washing sinks in 12 patient care areas throughout the ❑ Osborn Hospital required some wail demo and creating new sink alcoves, wall board, electrical, fire sprinklers, plumbing, millwork changes, wall patch and paint and wall LI protection. ICRA containment was required in accordance with Infection Prevention guidelines as well as coordination for utility shut downs. 0 CI e. Contract Dates: 07/16/2018-10/12/2018 . it x Ilk ❑ _ r m 73 ❑ fin Ali. ❑ , .. r,Under;inks Ma!Thad'c:r xisttng and f — Solid Surface Sinks Fabricated by BGI Mill Shop Fab cased by BGI t.^ 5t cp Li Town of Fountain Hills General Construction Services JOC Page 10 [1 [ a. Company/Org: City of Mesa Flir Project Name: Main Library Retrofit Lighting Project fl b. Contact Name Newell Slade, Facilities Maintenance Supervisor 1 n c. Contact Address: 340 East Sixth Street, Mesa,AZ 85211-1466 Contact Phone: 480.644.2138(office) 602.361.1790(cell) [-I Contact Email: Newell.slade@mesaaz gov411 d. Services Provided: A comprehensive lighting retrofit of the entire Main Library, including the first floor, [] second floor, basement and site lighting under Building Maintenance Services " 1 Contract. e. Contract Dates: 08/17/2015-10/30/2015 r t." 11 1, ii»lliil l ,_ `-' WPM 414 NMI I 111111111 i ' El A Cross Seclron o'New Inter+cr L Tit.•-)n Overhecd L1r3htinct [ a. Company/Org: City of Tempe Project Name: Electrical Service Entrance Section Replacement at City Hall [] b. Contact Name Jerome Guzman,Senior Engineering Associate [] c. Contact Address: 31 East Fifth Street,Tempe.AZ 85281-3601 AI Contact Phone: 480.350,8524 Contact Email: jerome_guzman@tempe.gov [I d. Services Provided: A portion of this project required installation of six 4-inch conduits encased in concrete 5 for the service feeders. _ e. Contract Dates: 03/14/2016-07/01/2016 Z `' ",,a' o p i v _ e,••, - ter- ,-.ram 'r",.' 1 _ 1 i III.i t o ! LI 11 Wrong l Conduit Airing'r; d„. Li 1 0 5.. Li Town of Fountain Has boners!Construction Services JOG Page 11 L' a. Company/Org: City of Mesa [ Project Name: East Mesa Service Center HVAC and Energy Management System Upgrades b. Contact Name Barry Lougheed, Facilities Maintenance Foreman c. Contact Address: 340 East Sixth Street,Mesa,AZ 85211 Contact Phone: 480.644.3732(office) 480.582.8347 (cell) Contact Email: Barry_lougheed@mesaaz.gov [ d. Services Provided: Replacement of 25 old and problematic water source heat pumps and associated HVAC system equipment, controls, piping, cooling tower and boiler. Installation of a [. new Energy Management System for building spaces under Building Maintenance C Agreement rn e. Contract Dates: 08/21/2017-11/22/2017 (preconstruction &construction) 0 rn ❑ / IIc ❑ f � a r i IM, i -a.li di : : ' funi „r r ; ~ :ioist ni g Pre-Astembled New Units to the Roof .... kl a. Company/Org: City of Tempe11111/ Project Name: Center for the Arts Roof Rehabilitation [ b. Contact Name Erich Bonz, Project Manager/Senior Civil Engineer [ c. Contact Address: 31 East Fifth Street,Tempe,AZ 85281 rn Contact Phone: 480.350.5827(office) xi L. Contact Email: Erich_bonz@tempe.gov 0 d. Services Provided: Builders Guild Inc., in conjunction with the services of a qualified consulting engineer Z contracted by BGI, completed an assessment of the existing roof system (48,000sf) N on Tempe Center for the Arts to determine reasons for leaks in various areas. Along —I ❑ with review of the pertinent original and as-built construction documents, we 7) completed direct observation and documentation of the existing condition of the roof C'. 0 system. Telephone and/or direct interviews were held with relevant individuals from the original contractor, roofing subcontractor, roofing materials supplier and the City 0 O of Tempe. A detailed report was produced and submitted to the City which verified z our findings and which included narrative and photographic confirmation. Our report ❑ also included a list of recommended repairs needed to return the roof to acceptable rn condition. e. Contract Dates: 08/15/2017-11/20/2017 -�*- t. 4. .. , _ ,,,Q 13 D , ) .„ 7,, . , 0 (i- ❑ 1 _ ,: _ . e rn n y ❑ zrt ;-l't Roof in 3e6 pattrel _ t.�0f tt5pact+ ''" [� Town of F. , '1 General Construction Seivices JOC Page 12 I ADDED VALUE , Examples of Custom Millwork Fabricated and Installed ❑ By the BGI Mill Shop El , r. y,, --0.- - i a •ram ❑ .'1 Bo ❑ f f El �� , P mY ❑ i K4. Mill \\ ' - 1 1, ❑ c:...,;:r 1,.I F.,,, , ,r-.,-, ❑ +. ❑ .-w r, r f . El ,_ -- r y' i".�"" _ ,O - � ' r; .___.. ❑ ' `gip 44.-' !I m . 9 ; r .- ,, r,,,,-s kecepl,n )es, Kit o cal°Ike Reception Des to ' Town of Fountain HMIs General Construction Services JOC Page 13 Provide a list of at least three organizations for which you successfully completed a similar project.This list shall L include, at a minimum, the following information: ❑ 1(a) Name of company or organization: City of Tempe (b) Contact name: Chris Kabala, Project Manager-Public Works Depatment ❑ (c) Contact address: 31 East Fifth Street, Tempe,AZ 85280 Telephone number I e-mail address: 480.350.8585 (office) 480.204.5278(cell) ❑ Chris_kabala@tempe.gov (d) Type of services provided: Job Order Contracting ❑ (e) Dates of contract initiation& expiration: 2011-2015 12015-2020 ❑ 2(a) Name of company or organization: City of Mesa (b) Contact name: Newell Slade, Facilities Maintenance Supervisor ❑ (c) Contact address: 340 East Sixth Street, Mesa,AZ 85211-1466 Telephone number I e-mail address: 480.644.2138 (office) 602.361.1790(cell) ❑ lnewell.slade@mesaaz.gov (d) Type of services provided: Building Maintenance Agreement ❑ (e) Dates of contract initiation &expiration: 2009-2012 12014-2017 12017-2020 3(a) Name of company or organization: Salt River Project ❑ (b) Contact name: Curtlin Johnson, Senior Facilities Project Manager Now with ASU Capital Programs Mgmt. Group ❑ (c) Contact address: 1551 S. Rural Road, Tempe,AZ 85281 Telephone number and e-mail address: 480.965.8678 I curtlin.johnson.asu.edu [1 (d) Type of services provided: Master Agreement (e) Dates of contract initiation& expiration: 1985 to Present ❑ These references will be checked, and it is Vendor's responsibility to ensure that all information is accurate and current. ❑ Vendor authorizes the Town's representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references ❑ may result in the SOQ being considered non-responsive. BGI acknowledges this responsibility and requirement. ❑ (3) Provide license number, classification, and issuance date all licenses issued by the Arizona Registrar of Contractors applicable to any of the Services for which the Vendor is submitting an SOQ. Inability of the Town ❑ to verify proper licensing may result in the SOQ being considered non-responsive. BGI acknowledges this requirement. License Number Classification Issuance Date R00072528 B-01 12/17/1987 0 R00090845 A 08/27/1991 ❑ R00053636 B 01/15/1981 0 ROC106450 CR34 03/14/1995 (4) The Town's representative may conduct any investigation deemed necessary to determine the Vendor's ability ❑ to perform the project. Vendors may be requested to submit additional documentation within 72 hours (or as specified)to assist the Town in its evaluation. BGI will supply additional documentation upon request. ❑ Town of Fountain Hilts General Construction Services JOC Page 14 ❑ C. KEY POSITIONS - 10 PTS. ❑ (1) Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed Project Manager and Project Engineer. Please see organizational chart below ❑ and individual Resumes in the Appendix. ❑ "- BOB CARTER 44 NICK NIKRANT Principal Vice President [] Project Executive Project Manager ❑ Leh MARCIA SCHLINGLOFdiggh GARY PATTON Contract Administrator& GARY stru O Manager Project Coordinator ❑ GARY HANNAPPEL ❑ Project Superintendent (2) Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. Nick Nikrant, Project Manager: ❑ + Relevant Experience: Nick's strengths include 34 years of Construction Project Management experience for many large private corporations and government agencies. The range of his ❑ experience on private campuses and facilities includes power plants, semiconductor, communications, aerospace, medical, commercial, automotive and industrial projects varying ❑ from simple office remodels to complex multi-phase renovations, remodels and upgrades in active environments where business operations cannot be impacted by construction. In the public sector, Nick's experience includes jails, courts, police and fire departments, 911 call centers, airports and ❑ water treatment facilities where public safety, security and uninterrupted operations are crucial. LiNick has earned the respect of the construction industry in Arizona, and the depth of his knowledge and experience benefits his team and his customers. Nick has managed the following Job Order Contracts during his tenure at BGI: ❑ • ADOA(State of Arizona) • Maricopa County ❑ • City of Mesa • Deice] Safety Systems America AZ(DSSA AZ)/Special Devices, Inc. (SDI) ❑ • City of Phoenix • Freescale Semiconductor(Now NXP) • City of Scottsdale • Salt River Project(SRP) ❑ • City of Tempe • TRW Automotive ❑ • City of Tolleson See pages 2-5 for detailed JOC descriptions Roles & Responsibilities: Nick provides the leadership for successful project delivery through a comprehensive team- Li building strategy that is focused on the project goals with emphasis on collaboration, accountability, and total team involvement. Nick's responsibilities include estimating, budgets, tracking project costs, forecasting, conducting progress Ft meetings,schedule adherence, subcontractor management and overall project administration and oversight. Town of Fountain Hills General Construction Services JOC Page 15 n Proiect Engineer: BGI utilizes our project managers and Project Coordinatorss, working in unison, to fulfill the role of Li Project Engineer. [ Gary Patton,Preconstruction Manager: LI Relevant Experience: Gary is a 45-year veteran of the construction industry. During his career, he has owned and managed his own construction firm and has been employed as a senior 0manager for other construction firms as well. Prior to becoming an employee, Gary had a longstanding professional relationship with BGI, acting occasionally in an advisory capacity on ❑ ii various projects and issues through the years. El Roles & Responsibilities: Gary provides the management and coordination of Builders Guild, Inc.'s early planning of ❑ contracts or projects. These efforts include the responsibility to work in conjunction with a project management team in the areas of program verification, site investigation, project planning, scheduling and phasing, budget verification. ❑ procurement, subcontractor pre-qualification and subcontract administration. Gary also works closely with members of our estimating team in the areas of conceptual cost estimating, best-value analysis, constructability, plan coordination review, options analysis and project buy-out. In addition, Gary ensures that the legal instruments, including insurances, Li bonds, contracts and subcontracts, are properly suited to the project delivery method Gary Hannappel, Project Superintendent: Li Relevant Experience: With 36 years of experience, Gary is an excellent resource for innovative solutions to project challenges. He and Nick have been a construction team for the past 18 ❑ years, and Gary's resume includes the following JOC customers: +' • ADOA(State of Arizona) • City of Tolleson I ❑ • City of Mesa • Maricopa County • City of Phoenix • Deice!Safety Systems America AZ(DSSA AZ) ❑ • City of Scottsdale • Special Devices, Inc. (SDI) • City of Tempe • Freescale Semiconductor(Now NXP) ❑ See pages 2-5 for detailed JOC descriptions DRoles& Responsibilities: Gary's responsibilities include coordination of all trades, monitoring and enforcement of project ❑ quality benchmarks utilizing daily inspections as well as pre-installation and post-installation meetings for critical operations, and enforcement of safety policies. He collaborates with the project team to complete weekly updates of the ❑ project schedule and verifies achievement of critical milestones. Gary's role includes on-site interface with customers, architects and inspectors. He promotes a productive team environment, and he is responsible for maintaining the high ❑ standards of quality and professionalism that our customers can expect on every BGI project. ❑ Marcia Schlinglof,Contracts Administrator& Project Coordinator: Relevant Experience: As Builders Guild's Senior Project Coordinator, Marcia possesses a El wealth of knowledge attained over her 33 years in the construction industry. She has been 96.....::_jahl involved in coordinating literally hundreds of projects during her career, and she exemplifies I: Builders Guild's commitment to quality service and relationship building with our valued ` customers during all phases of the construction process. U Roles & Responsibilities: Marcia provides administrative support for BGI Project Managers in the areas of project scheduling, submittals, requests for information, contract administration, cost accounting, professional presentation, n reporting and warranty management. Marcia effectively communicates with customers, architects and subcontractors, and manages all aspects of project documentation from project inception through the archiving process. Her i 1 organizational skills and attention to detail make her an invaluable part of the project team. V Town of Fountain Hills General Construction Services JOC Page 16 ❑ Bob Carter, Principal & Project Executive: Relevant perience: Bob has successfully managed construction projects using a multitude of ❑ delivery Ex methods including Job Order Contracting, CMAR, CM/GC, Design-Bid-Buiid, Integrated Project Delivery, GMP, and T&M. During BGI's 38 years in business, we have been El awarded 2, Job Order Contracts by municipalities, healthcare providers, and private entities ❑ under Bob's capable leadership. 1 Roles & Responsibilities: As Project Executive, Bob has overall responsibility and oversight for all projects undertaken by BGI and manages the resources and staffing for these projects. CI (3) If a subcontractor will be used for all work of a certain type, include information on this subcontractor. ❑ BGI has not selected and does not expect to utilize any sole source subcontractors at this time. Our subcontractor selection plan follows. ❑ SUBCONTRACTOR SELECTION FLOW CHART ❑ Identify Hold Furnish Incorporate Identify Qualification Qualify New Subcontractor Subcontractors Receive Bids Recommend Seleded alifled Subcontractors b Requirements Subcontractor Job Wall(and with Complete Review Pricing Subcontractors Subcontractors ❑ 5ubc r New Establish Bid Scopes Verify Scopes for each Trade Into GMP Subcontractors Date El 1 2 3 4 5 6 7 ❑ A detailed plan for selecting subcontractors and providing supervision must be included. Our subcontractor and supplier selection process is in compliance with A.R.S. Title 41. We perform rigorous due diligence when ❑ evaluating subcontractor candidates to join our construction teams. We are always willing to add new subcontractors to our bid list after they have been fully vetted through our pre-qualification process. In ❑ addition, we will give consideration to your preferred subcontractors and suppliers and qualified DBE/SBE entities. ❑ We have developed relationships with highly qualified subcontractors whose goals are aligned with us and our ❑ customers. The commitment to work for the good of the project in lieu of any one team member's sole benefit produces a win-win-win result for all stakeholders. ❑ Three steps in our evaluation include: ❑ 1. Pre-qualification Evaluation Criteria: ❑ • Safety Program • JOC Experience& References • Industry Leadership/Awards ❑ • Longevity&Licensing • Material Inventory Strategies • Insurance&E-Mod History • Management Experience • ROC History • Claims/Litigation History ❑ • Tradesmen Training • Manpower Sources • Certifications • Technological Capabilities • Insurance • Finances/Bonding 2. Interview: After evaluation of the pre-qualification criteria above and review of the most advantageous and ❑ responsible bid, we interview subcontractors and suppliers to verify their understanding of the project and ensure that all areas of their responsibility have been covered in their bid proposals. Performance ❑ expectations,current availability and resources, and team fit are also discussed at that time. 3. Quality Assurance: Over our 38 year history, we have developed a list of preferred subcontractors and suppliers whose performance and materials consistently meet or exceed expectations. Each partner on our 0 team must be able to perform according to your expectations to ensure the desired results. BGI's team will include strategic subcontractor partners who specialize in block wall construction and repair and possess the I expert skills to properly service any specialty requirements. ❑ BGI's Subcontractor Pre-Qualification Form follows O. Town of Fountain Hills General Construction Services JOC Page 17 El F] c 9 g ❑ D ❑ ❑ g ❑ g ❑ I F] F L Li 1r 2 C £ 1,2 ii ID t s ft3tit t 1 " na 0 t . fl t #P G C _7 � a= G II II j �.1 $ it °C ^e P. fei i. i it n s g 11 9�i o � 8 ' ) 3 _ 1 I <i 3 4tix x h = 1 S I, s 3 D t li i ❑ ❑ ❑ ❑ 3 F E © i > ❑ ❑ ❑ ❑ Q IL o €� Zs A z $ _ ;JRol i Li L E a =n— , u itI.' LL ^ 3 J w €E .. n s b f� [TiL. wa 21 I i 1 ; 1 ❑ it' Irgl �t2 a, o k $ 6 $ b Tc''' 1.; 3 i '''' '1 1 ' 11 I rill ft I a V. 1 1 a s t fi ri Town of Fountain Hills General Construction Services JOC Page 18 t D i 1 i i i i i i ) i ii ❑ 1 N C9 • i O 2 ❑ 2 1 Iti ; D I i D i $ Ili M a 3 IIII ❑ 1 1 _ E ________4 1 1 i i 8 siki 1 D s D , ht z 7,1 S s 5'>s `o s u o 'fpu D r C I ., Y 1 E 1 t f! i s i i i i 8 z" z" z' 8 012 o I QQ ! i 1 z2 IJJI...... Ii H 'J M ; ) LL ,-,-, ❑ i l i 1 C , - __ I __.__..._ 1 ❑ 1J❑■■■i■■■Ell sami■■'um■Ili ■■•■uU timillU;■li ❑ t--- 1 [3 l D w I ❑ i Td "t' R ❑ i D il IliHiffi ❑ II e i I i Cl It p . I i i ❑ i 1 lc ❑ I !' iIii , iI ! II ItIji' . . ; l D ' '''' iiiciaaaag.attalliilii,11Alig, ____ __., r Town of Fountain Hills General Construction Services JOC Page 19 t [ 1 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT❑ CS2019-006 (] IV.Vendor Information Q 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. BUILDERS GUILD, INC. 86-0409198 ❑ VENDOR SUBMITTING SOQ FEDERAL TAX ID NUMBER ❑ U. ( — r 1_ / }Kathryn B. Carter, President 1-)-''N,t4L(, ld✓ PRINTED NAME AND TITLE AUTIjORIZI1D SIGNATURE ❑ 4950 E. Ingram Street 602.818.8339 (cell) 480.833.0980 ADDRESS TELEPHONE FAX# 0 ❑ Mesa AZ 85205-3315 January 7, 2019 ❑ CITY STATE ZIP DATE WEB SITE: www.buildersguild.corn E-MAIL ADDRESS: kathyc(a�buildersguild.com ❑ ROC License Numbers and Classifications: R00072528(B-1),R00090845(A), R00053636(B),ROC106450(CR34) 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) I. x Women-Owned Business Enterprise(WBE) ❑ Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? If yes, please provide details and documentation of the certification. No. (Q U 945Ib:a iv 1, 1 CREDENTIALS NICK NIKRANT CAConstruction Industry • Vice President I Project Manager ❑ Experience ,- ❑ • 34yrs in Construction ❑ • 21 yrs with BGI ❑ Education MANAGEMENT ROLE: As the Project Manager, Nick provides the leadership for successful project delivery through a comprehensive team-building strategy that Mesa Community College is focused on the project goals with emphasis on collaboration, accountability, and AA Degree in Arts total team involvement. Nick's responsibilities include estimating, budgets, tracking Minor in Architectural project costs, forecasting, schedule adherence, subcontractor management and Ii Drafting overall project administration and oversight. ❑ Phoenix institute of EXPERIENCE AS A JOC PROJECT MANAGER: Technology ❑ Degree in Architectural Drafting Dean's Honor List CITY OF MESA,REPAIR &MAINTENANCE CONTRACT • Term:2009-2012 1 2014-2017 1 2017-2020/Value of work to date:$2,108,633 Industry-Specific 108 Projects at City Police&Fire Buildings and City Offices ❑ Training CITY OF PHOENIX AVIATION DEMOLITION SERVICES JOC American Society for • Term:04/2012-04/2015/Value of work:$780,964 ❑ Healthcare Engineering 7 Projects for Demolition and Stabilization of 53 Parcels Under the Community Noise Healthcare Construction Reduction Program. VARS Groups 10, 15. 17, 18,23, 24, &26 ❑ Certification CITY OF SCOTTSDALE CITYWIDE VERTICAL CONSTRUCTION JOC ❑ CASHE, • Term:2018-2019/Value of work to date: $0 No services rendered at this time. Kary Environmental Services 1] Hazardous Waste/Confined CITY OF TEMPE PUBLIC WORKS JOC Space Training • Term:2011 -2015 I 2015-2020/Value of work to date:$4,192,287 ❑ 30 Projects at City Police/Courts, Engineering Office,General Office TRW Vehicle Safety ❑ Systems MARICOPA COUNTY FACILITY MAINTENANCE DEPARTMENT JOC • Mesa I&II Safety • Term:07/2005-07/2010/Value of work completed:$8,299,015 ❑ • Orientation&HazCom 40 Projects at County Courts,Jails, IT Centers and Offices Training ❑ Arizona Contractor SPECIAL DEVICES INCORPORATED PREFERRED ON-CALL CONTRACTOR Association • Term:2002 to present/Value of work to date:$29,441,902 ❑ Total Quality Management 196 Projects at the Mesa PSM Production Facility Classes:Supervisory Units 8, ❑ 9& 10 STATE OF ARIZONA(ADOA)JOC • Term: 10/2011-12/14/Value of work completed:$92,355 ❑ _w1 1 City Data Center project to date 3M Fire Stopping Certified Special Devices,Inc. U Process Safety Management Training ❑ Certifications Occupational Safety and El Occupational Administration 10-Hour Course in Construction ❑ Safety and Health ( L3SHA o o fi'lliS CREDENTIALS - GARY PATTON C1 Construction Industry Pre-Construction Manager ❑ Experience ❑ • 45yrs in Construction p • 1 yr with BGI MANAGEMENT ROLE: As Pre-Construction Manager, Gary provides the Education management and coordination of Builders Guild, Inc.'s early planning of contracts or projects. These efforts include the responsibility to work in conjunction with a • Arizona State University project management team in the areas of program verification, site investigation, ❑ project planning, scheduling and phasing, budget verification, procurement, BS in Economics, subcontractor pre-qualification and subcontract administration. Gary also works Emphasis: Business ❑ (Tempe AZ) closely with members of our estimating team in the areas of conceptual cost estimating, best-value analysis, constructability, plan coordination review, options ❑ Certifications analysis and project buy-out. In addition, Gary ensures that the legal instruments, including insurances, bonds, contracts and subcontracts, are properly suited to the project delivery method Gary is a 45-year veteran of the construction industry. • Arizona General During his career, he has owned and managed his own construction firm and has ❑ Contractor's License been employed as a senior manager for other construction firms as well. Prior to K B-1 becoming an employee, Gary had a longstanding professional relationship with ❑ BGI, acting occasionally in an advisory capacity on various projects and issues Industry Specific through the years. ❑ Training PRE-CONSTRUCTION MANAGEMENT EXPERIENCE: ❑ • 16 Hr OSHA 1926 Core Certification HONORHEALTH SCOTTSDALE SHEA MEDICAL CENTER ❑ SHA • 2nd Floor Finishes. Project required an extended pre-construction period to establish scope requirements, phasing plans, finish schedules, infection control plan, ❑ � ,_..., communication requirements and wayfinding plans.$2,236,300 • 10 Hr OSHA Construction CITY OF MESA ❑ • East Service Center HVAC and Energy Management System: Replacement of t& twenty- SafetyafCertificationHealth five (25) old and problematic water source heat pumps aand associated HVAC system ❑ equipment, controls, piping, cooling tower and boiler. Installation of a new Energy Management System $887,499 Other Li SUN VIEW MEDICAL BUILDING,LLC ❑ • Arizona Contractors • Tri-City Colorectal Surgery Center Addition: Construction of a new 900sf one-story Association(ACA) addition. Renovation of and existing hallway and storage area. Alterations of and/or ❑ - Past State Chairman additions to existing infrastructure to accommodate the new addition. $660,588 -Past Vice Chairman NAMMO TALLEY ❑ -Past Treasurer • Malta Assembly Line Package: Installation of a suspended metal channel grid to support -Past Chapter President -Past Chapter V.P. exhaust, compressed air & piping feeds, electrical power, data/com, lighting to new ❑ assembly lines. Installation of new assembly lines. Installation of new paint booth. Construction of new"QIA Inspection"Room.$530,988 D A • , CITY OF TEMPE ❑ • Administration Building and Disinfection Building HVAC System at South Tempe Water Treatment Plant Removal and replacement of roof system. Installation of new exhaust ❑ system with associated duct and louver wall openings and structural bracing. • Arizona Bid Depository Modifications and tie-ins to new BAS. $245,811 ❑ -Former Board Member • Boy Scouts of America ❑ Troop 5&124 Former Assistant Scoutmaster 1 Cl CREDENTIALS ,i. GARY HANNAPPEL Li Construction Industry Project Superintendent Experience ❑ • 36yrs in Construction I r • 18yrs with BGI MANAGEMENT ROLE: As Project Superintendent, Gary provides the ❑ Industry-Specific Construction Team leadership for successful project delivery based on the Training comprehensive team-building strategy that is developed during pre-construction. ❑ With 36 years of experience, he is an excellent resource to the Construction Team American Society for for innovative solutions to project challenges. Gary's responsibilities include Healthcare Engineering coordination of all trades, monitoring and enforcement of project quality ❑ Healthcare Construction benchmarks utilizing daily inspections as well as pre-installation and post- Certification installation meetings for critical operations, and enforcement of safety policies. He ASHE collaborates with the Project Team to complete weekly updates of the project El -, schedule and verify achievement of critical milestones. Gary's role includes on-site interface with customers, architects and inspectors. He promotes a productive Process Safety Management team environment, and he is responsible for maintaining the high standards of C Training by Special Devices, quality and professionalism that our customers can expect on every BGI project. Inc. ❑ SUPERINTENDENT JOC EXPERIENCE: Carpenters Local Union No. ❑ 408 4-Year Apprenticeship CITY OF MESA Program • Miscellaneous: Gary has completed numerous repair and maintenance projects in a wide ❑ Certifications variety of City properties including Police Stations, Fire Stations, Fire Department Administration, Senior Centers, City Warehouse, Lehi Museum and the Plaza Café D Occupational Safety and ranging from $683 to $71.190 with a combined total of $336,747. All projects were Health Administration completed within active or occupied environments. ❑ 10-Hour Course in Construction CITY OF TEMPE Safety and Health • City Hall Parking Garage Tenant Improvements: 8,946sf shell improvements to a multi- OSHAuse two-story commercial building in downtown Tempe including new restrooms, electrical & mechanical upgrades, 25tons additional cooling capacity and roof ❑ —" replacement $452,123 Southwest Safety Training • Yoga to the People Tenant Improvements 2,700sf complete interior build-out including ❑ Alliance 16-Hour Course concrete, cabinetry drywall partitions. bamboo floor finishes, open ceiling concept, ELM plumbing for new restrooms, mechanical equipment and electrical modifications. ❑ imea ; $232,790 • Police/Courts Building Data Center. Replaced 40-ton roof-mounted chiller on a three-story ❑ '. . building and reworked electrical and piping system as required. $169,364 r,rrvad0 • Engineering Department Lobby Security Modifications: 3,000sf interior renovation and ❑ security modification to the Municipal Complex, West Wing Garden Level Engineering Office. $110,148 ❑ MARICOPA COUNTY FACILITIES MANAGEMENT • Maricopa County Sheriff's Office Pup Tent Shower Facility Design/Build: 1,984sf low ❑ maintenance shower and toilet facility and administrative offices. $686,865. • Chambers Building Enterprise Technology Offices: 12,532sf multi-phase remodel at 0 basement, 2nd and 3rd floors. $1.086.000 • Administration Building 10th Floor Offices- 14,845sf multi-phase remodel with two work ❑ shifts. $974.718. • 7th Avenue WIC Modular Building Design/Build:4,200sf Women's Clinic.$889,488 ❑ • Glendale WIC Modular Building Design/Build:4,200sf Women's Clinic.$826,428 D CREDENTIALS 4I. 411% , MARCIA SCHLINGLOF ❑ Construction Industry Contract Administrator& Sr. Project Coordinator ❑ Experience gillblal..—Abl ❑ • 33yrs in Construction MANAGEMENT ROLE: Marcia provides administrative support for BGI Project Managers in the areas of project scheduling, submittals, requests for information, t • 6yrs with BGI contract administration, cost accounting, professional presentation, reporting and warranty management. Marcia effectively communicates with customers, architects ❑ Industry-Specific and subcontractors, and manages all aspects of project documentation from project Training inception through the archiving process. Her organizational skills and attention to ❑ detail make her an invaluable part of the project team. ❑ Prolog 8.10 PROJECT MANAGEMENT: As Builders Guild's Senior Project Coordinator, PROLOG Marcia possesses a wealth of knowledge attained over her 33 years in the ❑ construction industry. Marcia has been involved in coordinating literally hundreds of projects during her career, and she exemplifies Builder Guild's commitment to quality ❑ Timberline Accounting service and relationship building with our valued customers during all phases of the TIBERU E construction process. PROJECT EXPERIENCE: Access ❑ A Builders Guild Inc Senior Project Coordinator 0 M 4950 E. Ingram Street 11/2012 to Present Mesa,AZ 85205 ❑ Excel 2013 Wolff Mechanical, Inc. Sales Coordinator ❑ X 1701 S. Indian Bend Road 3/2012 to 11/2012 �.� Tempe,AZ 85281 SSTA Southwest Safety IMCOR Project Coordinator Training Alliance 1841 E.Washington Street 9/2009 to 1/2012 ❑ Wit Phoenix,AZ 85034 ❑ W.E. O'Neil Construction Co. of Arizona Project Coordinator �� 4511 E. Kerby Avenue 2/2001 to 3/2009 ❑ Professional Affiliations Phoenix,AZ 85040 ❑ ACE Alliance for Insituform Technologies, Inc. Office Assistant Construction Excellence 2400 W. Medtronic Way#1 3/2000 to 9/2000 Tempe,AZ 85281 ❑ A° Kitchell Corporation Financial Services Assistant ❑ 1707 E Highland Avenue 8/1985 to 2/2000 NSC National Safety Council Phoenix, AZ 85016 Li M... _- PERSONAL ATTRIBUTES: ❑ _ X C,Qf�^ • Ability to work well with others on group tasks, team work ' • Outstanding organizational skills ❑ • Attention to detail • Excellent customer relations skills ❑ • Self-motivated P CREDENTIALS BOB CARTER Li : .' _ ' Executive V.P./Chief Operating Officer Construction Industry Project Executive ❑ Experience I x, ❑ • 47yrs in Construction D • 38yrs as BGI Principal MANAGEMENT ROLE: As Project Executive, Bob has overall responsibility r and oversight for all projects undertaken by BGI and manages the resources and Education staffing for these projects. Arizona State University JOC EXPERIENCE AS PROJECT EXECUTIVE: Engineering and Applied BANNER HEALTH NETWORK MASTER CONTRACT Sciences,Construction • Term: 1999 to Present/Value of work to date:648,045,123 Li 1971-1974 1,162 Facility-wide Projects on 14+hospital campuses U CITY OF CHANDLER GENERAL CONTRACTING SERVICES JOC Industry-Specific • Term:01/27/2004-05/13/2009/Value of work: $2,940,678 ❑ Training 73 Job Order Projects [ American Society for CITY OF MESA BUILDING MAINTENANCE SERVICES MASTER AGREEMENT Healthcare Engineering • Term:2009-2012 12014-2017 120017-2020/Value of work to date:52,108,633 Healthcare Construction 32 projects at City Police&Fire Buildings and City Offices c' Project Management D Certificate CITY OF PHOENIX AVIATION DEMOLITION SERVICES JOC • Term:04/2012-04/2015/Value of work:$780,964 AS HE 7 projects for Demo and Stabilization of Parcels Under the Community Noise Reduction 0Program I_I American Society for CITY OF TEMPE PUBLIC WORKS JOC Healthcare Engineering • Term:2011-20151 2015-2020/Value of work:$4,192,287 r- Healthcare Construction 30 projects at City Police/Courts, Engineering Office,General Office 41 Certificate ❑ NXP SEMICONDUCTOR SITE SERVICES AGREEMENT SITE SERVICES Southwest Safety Training AGREEMENT(Formerly Freescale Semiconductor) Alliance • Term:2006 to Present/Value of work to date:$2,379,608 Li16-Hour Core 1926 • 6 projects at the Chandler Microprocessor Production Facility Certification ❑ iriffi:: = HONORHEALTH MASTER CONTRACT FOR CONSTRUCTION SERVICES • Term:2002 to Present (indefinite term)/Value of work to date:$26,118,625 Q °,,,�,. 2316 Facility-wide projects on 6 hospital campuses [ 1 MARICOPA COUNTY FACILITY MAINTENANCE DEPARTMENT JOC Certifications • Term:07/2005-07/2010/Value of work to date:$8,299,015 Li 40 Projects at County Courts,Jails, IT Centers and Offices Occupational Safety and ❑ Health Administration MARICOPA INTEGRATED HEALTH SYSTEMS 10-Hour Course in • Term:2007-2008/Value of work date:$258,868 ❑ Construction Safety and 4 Facility-wide projects Health SALT RIVER PROJECT I OSHA • Term: 1985 to Present/Value of work to date:$9,124,703 50 Facility-wide projects STATE OF ARIZONA(ADOA) ❑ • Term: 10/2011 -12/2015/Value of work:$92,535 1 City Data Center project n Ei BUILDERS GUILD, INC. acknowledges receipt of Questions & Responses from El noreply@civicplus.com on Wednesday, January 2, 2019 @ 9:42 AM. 1:3 0 ci 0 LI El [1 0 0 EXHIBIT B TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BUILDERS GUILD, 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 I.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 BUILDERS GUILD, INC. [Sample Job Order] ovtAIN*,! (o CVgg tik yet b A� 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" jNanieJ 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 $0.00 breakdown) SITE SAFETY $0.00 EQUIPMENT RENTAL(attach a list of specific cost $0.00 breakdown) PERMITS $0.00 Sub Total-GENERAL CONDITIONS $0.00 SUB CONTRACTOR COSTS 2 SITE WORK $0.00 3 CONCRETE $0.00 4 MASONRY $0.00 5 METALS $0.00 6 WOOD&PLASTICS $0.00 7 THERMAL&MOISTURE PROT. $0.00 8 DOORS&WINDOWS $0.00 9 FINISHES $0.00 10 SPECIALTIES $0.00 11 EQUIPMENT $0.00 12 FURNISHINGS $0.00 13 SPECIAL CONSTRUCTION $0.00 14 CONVEYING SYSTEMS $0.00 15 MECHANICAL $0.00 16 ELECTRICAL $0.00 Sub Total-SUB CONTRACTOR COSTS $0.00 SCOPE OF SELF PERFORMED WORK:(describe) LABOR COST for SELF-PERFORMED WORK $0.00 MATERIALS COST for SELF-PERFORMED WORK: $0.00 OTHER MISC COSTS:(describe) $0.00 $0.00 Sub Total-SELF-PERFORMED WORK AND $0.00 OTHER MISC COSTS ALLOWANCES OR CONTINGENCY AMOUNTS $0.00 (PROVIDE LIST) GRAND TOTAL $0.00 EXHIBIT C—UNIQUE INSURANCE AND/OR BOND REQUIREMENTS(IF ANY) (Provide any additional insurance requirements beyond the Standard Insurance Requirements, and/or bond requirements for the Project once approved by to confirm adequate insurance and bond coverages for this Project) EXHIBIT D—PROJECT SPECIFIC CONDITIONS {To be completed by PM from the specific Project requirements and specifications) EXHIBIT E—LIST OF PROJECT PLANS AND SPECIFICATIONS(IF ANY): {To be completed by PM if applicable) / 1 ACORL DATE(MMIDDIYYYY)CERTIFICATE OF LIABILITY INSURANCE E/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificates INSURICA/Minard-Ames Insurance Services LLC PHONE/C FAX No):602-273 0212 4646 E. Van Buren St., #200 (A .No,Ext1:602-273-1625 Phoenix AZ 85008 ADDRESS: certs@INSURICA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co.of America 25674 INSURED BUILGUI01C INSURER B:Charter Oak Fire Insurance Co. 25615 Builders Guild, Inc. 4950 E. Ingram INSURERC:The Travelers Indemnity Company 25658 Mesa AZ 85205 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1404510344 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD W /Y VD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) B X COMMERCIAL GENERALLIABILITY Y Y DTC08052B45ACOF18 10/1/2018 10/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RETED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $300,000 X $5,000 PD Ded MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRCOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y DT8108052B45ATIL18 10/1/2018 10/1/2019 (Ea COMBINaccident)SIEDSINGLE LIMIT $1,000,000 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) $ C X UMBRELLALIAB X OCCUR Y CUP9J6426241826 10/1/2018 10/1/2019 EACH OCCURRENCE $6,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $6,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y DTJUB7059N62318 7/1/2018 7/1/2019 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is defined as additional insured with respects to the general,auto and umbrella liability if required or agreed to in a written contract subject to all provisions and limitations of the policy.General Liability coverage is primary and non-contributory.A Waiver of subrogation in favor of Certificate Holder applies to the general and auto liability and employers liability/workers compensation if required or agreed to in a written contract subject to all provisions and limitation of the policy.Per attached forms:CGD246 08/05;CAT353 03/10;CGD316 11/11;WC000313(00). RE:Job Order Master Agreement. Additional Insured:Town of Fountain Hills,its agents,representatives,officers,directors,officials and employees.Waiver of subrogation in favor of the additional insured. CERTIFICATE HOLDER CANCELLATION 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Fountain Hills 16705 E Avenue of the Fountain Fountain Hills AZ 85268 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy No: DTC08052B45ACOF18 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring Insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown In the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring In- this insurance Is primary to "other insurance" surance". This endorsement shall not in- available to the additional Insured which covers crease the limits of insurance described in that person or organization as a named insured Section Ili Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that Is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- I. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or act claim. To the extent possible, such notice engineering activities. should include: CG D2 48 08 05 12005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional Insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the i DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means II. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a in- receive written notice of the claim or"suit" as person or organization as an additional sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must Immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 N 2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 05 Policy No: DT8108052B45AT1L18 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EUSIUESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE B LOSS OF USE INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE B TRANSPORTATION EXPENSES INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYI'JENTS c INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO B LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE®INDEMNITY BASIS -----> G. WAIVER OF DEDUCTIBLE it GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury' or The following is added to Paragraph A.1, Who Is "property damage" occurs and that is in effect An Insured, of SECTION I — LIABILITY COV- during the policy period, to be named as an addl- ERAGE: tional insured Is an "Insured' for Liability Cover- age,Any organization you newly acquire or form dur- but only for damages to which this insurance applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II. Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO tll the 180th day after you acquits ut funn the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earner. Who Is An Insured, of SEC 1ION II E LI- ---)' B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1, An "employee" of yours is an insures while Who Is An Insured, of SECTION II ■LIABILITY operating an auto hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 0310 ©2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted malarial of insurance Services Oflioe,Inc.with Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b.in B.5, within such country or jurisdiction,for Liability Other I nsurance, of SEC 11 ON IV c BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered"autos"you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow;and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (I) You must arrange to defend the "in- However, any"auto"that is leased, hired, sured"against, and investigate or set- rented or borrowed with a driver is not a tie any such claim or "suit' and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1, Who Is (ii) Neither you nor any other involved An Insured, of SECTION II LJABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any"employee"of yours is an "insured"while us- (iii)We may, at our discretion, participate ing a covered"auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLE MENfARY PAYMEN TS a INCREASED "suit". LIMITS (Iv)We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION I�LIABILITY COVERAGE: pay as damages because of "bodily injury" or"property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION I 1 LIABILITY COVERAGE the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, Including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included wiF. HIRED AUTO I LIMITED WORLDWIDE COV- graph the limit described in Par oh C., limit Of Insurance, f ERAGE INDEMNITY BASIS SECTION 111 LIABILITY COVER- The following replaces Subparagraph (5)in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This Insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 0 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4, Cover- (c) This insurance is not a substitute for re- age Extenslans, of SECTION lilt o PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance In any such coun- (1) Owned by an"insured";and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered "auto". this policy, but we wilt only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coYerage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3, Exclu- (d) It is understood that we are not an admit- sions, of SECTION Ill PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered"auto"you own that in- ada. We assume no responsibility for the fiate due to a cause other than a cause of'loss" furnishing of certificates of Insurance, or set forth in Paragraphs A i.b. and A.1.c, but for compliance in any way with the laws of other countries relating to insurance. only: G. WAIVER OF DEDUC 11B LE r71 GLASS a. If that"auto" is a covered "auto" for Compre- hensive Coverage under this policy; The following is added to Paragraph D, Deducti- b. The airbags are not covered under any war- ble, of SECTION III rd PHYSICAL DAMAGE COVERAGE: ranty; and No deductible for a covered "auto" will apply to a The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one"loss". H. HIRED AUTO PHYSICAL DAMAGE o LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following Is added to Paragraph A.2.a, of graph A.4.b., Loss Of Use Expenses, of SEC- SECTION Wm BUSINESS AUTO CONDITIONS: TION III o PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one"accident". to: I. PHYSICAL DAMAGE n TRANSPORTATION (a) You(If you are an individual); EXPENSES INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph AA,a., Transportation Expenses, of pang); SECTION III n PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE: manager (if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any"employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the"accident"or"loss" ered"auto"of the private passenger type. CA T3 53 03 10 ®2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO r---�►M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5, Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2, Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SEC TON IV"'BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or'lossTM, provided that the"accident'or loss" lest additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. Page 4 of 4 O 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy No: DTCO8O52B45ACOF18 COMMERCIAL GENERAL UABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional Insured — States Or Political Subdivisions—Permits D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed J. Knowledge And Notice Of Occurrence Or Offense Organizations K. Unintentional Omission F. Who Is An Insured — Broadened Named Insured F. Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition ® Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply Auto Or Watercraft,in Paragraph 2.of SECTION to "premises damage". Exclusion f.(1)(a) I — COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured;and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning;or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I—Coverage A 1. The first paragraph of the exceptions in Ex- —Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion —All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. CG D3 16 11 11 C 2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or 2. The following replaces Paragraph 1.d. of any combination of any of these causes. SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of"insured contract" in the DEFINI- currence"in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a person. person or organization for "premises 2. The following is added to Paragraph 2.a.(1) of damage" is not an "insured contract"; SECTION II—WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: "bodily injury" arising out of providing or fail- "Premises damage" means "property dam- ing to provide: age"to: (i) "Incidental medical services" by any of a. Any premises while rented to you or tern- your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse,licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such (ii) First aid or"Good Samaritan services" by premises for a period of seven or fewer consecutive days, any of your "employees" or "volunteer workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV—COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for"premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 0 2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE: other than a partnership, joint venture or lirn- For the purposes of determining the applica- ited liability company, of which you are the Ole Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide"incidental medical services", first aid Named Insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that or- son will be deemed to be one"occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I— COV- only: ERAGES—COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cals committed by, or with the knowledge or (2) Until the end of the policy period, when consent of,the insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services" means: within 180 days after you acquire or form a. Medical, surgical, dental, laboratory, x-ray it, and we agree in writing that it will con- or nursing service or treatment, advice or time to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization;and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED — BROADENED NAMED cess Insurance, of SECTION IV — COM- INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II—WHO IS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declare- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily Injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or"Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or "property damage"that occurred, or "personal Paragraph 2.a.(1) of Section II — Who Is An injury" or "advertising injury" caused by an of- Insured. fense committed after the date, if any, during the E. WHO IS AN INSURED — NEWLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50%in such sub- The following replaces Paragraph 4. of SECTION sidiary. II—WHO IS AN INSURED: CG D3 16 11 11 0 2011 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED —OWNERS, H. BLANKET ADDITIONAL INSURED —LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II—WHO IS The following is added to SECTION II —WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on dude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability spect to liability for "bodily injury", "property dam- for "bodily injury", "property damage", "personal injury"or"advertising injury"that: age", "personal injury"or"advertising injury"that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of that con- tract or agreement; and tract or agreement; and b. Arises out of the ownership, maintenance or b. Is caused, in whole or in part, by your acts or use of that part of any premises leased to omissions in the maintenance, operation or you. use of equipment leased to you by such equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be the minimum limits which you agreed to pro- which you agreed to provide in the written vide in the written contract or agreement, or contract or agreement, or the limits shown on the Declarations,whichever are less. the limits shown on the Declarations, which- ever are less. b. The insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal owner, manager or lessor does not apply to: injury" or"advertising injury" caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or"personal injury"or"adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- The following is added to SECTION II—WHO IS surance must be primary to, or non- contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 0 2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company;or an insured, but only with respect to liability for (ill)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury"or"advertising injury" arising out of such op- that is your partner, joint venture -rations. member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: pp y partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or"advertising injury" arising out to give notice of an 'occurrence" or of operations performed for that state or po- offense. litical subdivision; or {3) Notice to us of such "occurrence"or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the"occurrence"or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the "occurrence" or offense may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. However, if this Coverage Part includes an en- of Section!I—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such 'occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of"pollutants"which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organize- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentatlons, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (I) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV— COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ®2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of"insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- leted. The following replaces the definition of "bodily injury"in the DEFINITIONS Section: Page 6 of 6 ®2011 The Travelers Indemnity Company.AI rights reserved. CG D3 16 11 11 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABItJTY POLICY ENDORSEMENT WC 00 0313(00)- POLICY NUMBER: UB7K78337618 WAVIER 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.) Thls agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: Any person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver DESIGNATED ORGANIZATION: DATE OF ISSUE: 07/01/2018 ST ASSIGN: