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HomeMy WebLinkAboutC2019-006P2.2Contract No. 2019-006P2 JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J.P. & SONS CONTRACTING, 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 J.P. & Sons Contracting, Inc., a(n) Arizona corporation (the "Contractor"). RECITALS A. The Town issued a Request for Qualifications, CS2019-006, Construction Services (the "RFQ"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking statements of qualifications from vendors for construction and related services. B. The Contractor submitted a Statement of Qualifications (the "SOQ") in response to the RFQ, attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Contractor for Construction Services (the "Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Contract. This Contract shall be effective as of the date first set forth above and shall remain in full force and effect for one year with up to four (one) year renewable options. 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 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. 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, 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 a -mails is for information only, and a -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 ss 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, 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 Arl Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract. 4.5 Payment Not A Waiver. No payment (nor use or occupancy of the Project by Town) shall be deemed acceptance or approval of the Work or as a waiver of any claims, rights, or remedies of Town. 4.6. Liens and Bond Claims. Contractor shall make all payments, in the time required, of all labor and materials furnished to Contractor in the course of the Work and shall promptly furnish evidence of such payments as Town may require. Contractor shall pay when due all claims arising out of performance of the Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of Town, or against payments due from Town to Contractor, or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, Contractor agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of Town, against payment due from Town to Contractor, or against any payment or performance bond, shall be filed or made in connection with the Work by any party who has supplied professional services, labor, materials, machinery, fixtures, tools, or equipment used in or in connection with the performance of this Contract, and Contractor agrees to remove or to cause to be removed any such liens or claims in the nature of a lien or bond claim within ten (10) days upon receiving notice or obtaining actual knowledge of the existence of such liens or claims. In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and against any and all such liens and claims. This paragraph does not apply to claims and liens of Contractor due to non-payment for Work performed. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection, Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 8. Licenses, Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor's applicable licenses issued by the Arizona Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set 7 forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Contractor. 9. Work Standards. Warranties and Correction of Work. All materials and other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract. 9.1 Express Warranties. Within fourteen (14) days of the completion of the Work (or at such earlier time as requested by Town), Contractor shall execute and deliver to Town all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to Town, and any other person reasonably requested by Town, or Town's lender(s). 9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by Town. 9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, Town may correct it and the Contractor shall reimburse Town for the cost of correction. 10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims") to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do 8 business in the State of Arizona pursuant to ARiz. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coveragequacy. 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 641 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. equivalent. insurance. (b) Auto Liability — Under ISO Form CA 20 48 or (c) Excess Liability — Follow Form to underlying 10 (2) Contractor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001 /08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 11 C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Contractor engages in any professional services or work in any way related to performing the work under this Agreement, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non -defaulting party, such party will be in default. In the event of such default, the non -defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non -defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations 12 by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to l 50% 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 I I I Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: J.P. & Sons Contracting, Inc. 18937 East Via Del Verde Street Queen Creek, Arizona 85142 Attn: Joseph Perkins Jr., President or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Agreement. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under subsection 13.17 below, Contractor's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant 16 to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 ConflictingTerms. erms. 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 r Grady E. Miller, wn anager ATTEST: FIZED :/,010 ..Ino •00 ....O. on D. Arnson, Tow Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On W &Ar-, 1 77-4o , 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. OFFICIAL SEAL PATRtCIA J!a TQAL J 6 n commission #521s40 U CJ-�— Notery Public - State of Arizona MARICOPA COUNTY My Comm. explr®e Dec. 8, 2020 Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGES] 18 "Contractor" J.P. & SONS CONTRACTING, INC. a(n) Arizona corporation ,�TBy: �/\" ✓� Name: -)o Sm e(7 1-\ `, IL�'� % ?�,-ft5. (ACKNOWLEDGMENT) STATE OF ss. COUNTY OF On Fe-bru4Lr+j a g' , 2019, before me personally appeared J O S t-p k R rki Aher Ptesidsr-,f of J.P. & SONS CONTRACTING, 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. (Affix notary seal here) Michele Smith Notary Public Pinal County, Arizona My Comm. Expires 10.3.2020 19 EXHIBIT A TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J.P. & SONS CONTRACTING, INC. [SOQ] See following pages. C JPSONS CONTRACTING, INC. Submitted to The Town of Fountain Hills January 7, 2019 Solicitation Number: CS2019-006 Solicitation Title: GENERAL CONSTRUCTION SERVICES CONSTRUCTION SPECIALISTS SINCE 1996 j age Rati.01 �Cerdfir0und Seylnspector 18937 E Via Del Verde Street Queen Creek, AZ 85142 480-987-8885 www.wpandsonsinc.com customerservice@ipandsonsinc.com Cover Sheet Experience and Qualifications Licenses, Certifications, Insurance t k'Y AND SONS CONTRACTING, INC. "`•••��� 490.987.8885 Phone • 480.987.2615 Fax 18937 E Via Del Verde Queen Creek, AZ 85142 (480)987-8885 ROC #281397 TOWN OF FOUNTAIN HILLS Town Clerk 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 January 3, 2019 Re: CS2019-006 General Construction Services Enclosed in our submittal for General Construction Services you will find; this cover letter and all documents and information as requested and outlined for this SOQ. As a State Licensed General Contractor with dual building licensing in multiple states and our home location at; 18937 E. Via Del Verde, Queen Creek, AZ 85142, it is the intention of J.P. and Sons Contracting, Inc., to bid for selected areas of Solicitation CS2019-006 - GENERAL CONSTRUCTION SERVICES. Our 20 plus years of expertise in all building phases including new builds, renovations, repair and maintenance in Child Care Center, retirement communities, city and community parks settings make us uniquely qualified to provide services to the 0 Town of Fountain Hills. • Licensed by the State of Arizona and Insured • Knowledgeable/Certifications in National Program for Playground Safety and American Society for Testing and Materials (ASTM) International Standards F1292-13 and F2223-10 • Knowledgeable in Head Start playground design, equipment installation, ground cover requirements, shade covering, renovations and improvements for children age 1 to 5 years of age. • Knowledgeable in grade, slope, drainage and run-off • Knowledgeable in Davis Bacon wages. • Experience in working in Child Care settings • Experience in obtaining required permits • Removal and disposal of debris • Worksite must be kept neat and orderly at all times. Safety programs in place. Thank you for your consideration, Joseph P. Perkins Jr. Owner/Operator J.P. and Sons Contracting, Inc. N 18937 E. Via Del Verde • Queen Creek, AZ 85142 AND SONS JCONTRACTING. INC. 18937 E Via Del Verde Queen Creek, AZ 85142 (480)987-8885 ROC #281397 Request for Statements of Qualifications for General Construction Services — Vendor ID Town of Fountain Hills, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268 January 3, 2019 A. GENERAL INFORMATION - OVERVIEW (1) Cover Letter - see attached cover letter (2)(3) Vendor Identification/Location J.P. & Sons Contracting, Inc. an S-Corporation for profit, EIN # 20-4019698 that is a General Contractor with dual licensing in commercial and residential construction. The physical/mailing address is located in Maricopa County: 18937 E. Via Del Verde, Queen Creek, AZ 85142. For questions regarding the SOQ you may contact: Joseph Perkins Jr., Owner/Operator ioeMpandsonsinc.com email 480-987-8885 office 480-216-3878 cell 480-987-2615 fax (4) General Description J.P. and Sons has been in business since 1996, and has over 20 years experience in all building phases including new builds, renovations, repair and maintenance in private, commercial, and municipal projects. J.P. and Sons is familiar with Arizona State Licensing Standards, and has worked with several Head Start Programs in Arizona, as well as private Childcare Centers and Senior living Communities in multiple states. We take on all projects large or small and pride ourselves in providing excellent customer service, and completing quality projects, while working around each clients time frames. J.P. and Sons will work weekdays, evenings, weekends, and holidays to ensure as little disruption to your project as possible. We will work within your time frame. J.P. and Sons has several Certified Playground Safety Inspectors on staff, and we follow all ASTM standards for playgrounds and centers. We also have certified playground installers on staff. WORK SAMPLES Samples of our work may be viewed at https://ipandsonsinc.com/ WORK TIMELINE J.P. and Sons Contracting, Inc. will be available to begin work for The Town of Fountain Hills as soon as projects become available. Work will be completed per agreed deadlines. (5) N/A (6) N/A (7) N/A (8) Vendor Information Sheet - see attached sheet TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2019-006 IV. Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed the entire RFQ, including Appendix I and Appendix 2, if awarded the Agreement, agrees to be bound by all terms and conditions contained therein. JP ? Sons Coniru.Ghn !n . VENDOR SUBMITTING SO jmwh Ptry ,s-- Owntr 0pa� PRn NAME AND TITLE 18g3-1 C. Via pej Vtrdf ADDRESS Queen aak, A7 851q2. CITY STATE ZIP FEDERAL TAX ID NUMBER AUTHORIZED SIGNATURE qO_i8 _g8j,5 41�0-1?7- 2415 TELEPHONE FAX # 114112019 DATE E-MAIL ADDRESS: (M0 t'IGj'0rV1 C4 I9IpAndSv�" ROC License Numbers and Classifications: 2-1831? K -1 Dual btitddin�iq r SMALL, MINORITY, DISADVANTAGED AND WOMEN -OWNED BUSINESS ENTERPRISES (check appropriate item(s): Small Business Enterprise (SBE) Minority Business Enterprise (MBE) Disadvantaged Business Enterprise (DBE) Women -Owned Business Enterprise (WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman -owned business enterprise? If yes, please provide details and documentation of die certification. 9.;il65 J lW S. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR (1) Vendor Experience J.P. and Sons has a wide variety of clients, and services many industry sectors, including private and corporate child care centers, private and corporate retirement centers, educational institutions, restaurants, golf courses, town and city governments, county governments, and federal Head Start programs. We understand the challenges and uniqueness of each of our clients and strive to excel in their expectations through every step of their project process. Communication and developing relationships with our clients is key to creating a successful project. Services J.P. and Sons offers the following services and has provided each one of these services within the last 5 years: • Design and Plan Review • Construction Services o Roofing o Flooring o Interior/Exterior Paint o Electrical/Lighting o Concrete o Asphalt o Plumbing o Fencing o Excavation o Masonry/Carpentry • Playground Equipment Installation • Artificial Turf, PIP, Mulch Installation • Shade Structure Installation • Facilities Maintenance & Repair Qualifications J.P. and Sons has several Certified Playground Safety Inspectors on staff, and we follow all ASTM standards for playgrounds and centers. We also have certified playground installers on staff. Technical Qualifications • Certified and Licensed in the State of Arizona as a General Contractor for over 20 years • EPA Toxic Substance Control Certification • Pour in Play Certification • Certified Playground Safety Inspector • Certified Playground Equipment Installer • Dual Licensing for Commercial and Residential • A+ Better Business Bureau Rating Worts Samples Samples of our work may be viewed at https:/Ijr)andsonsinc.com/ (2) Projects More specifically, in the last 5 years we have provided general construction services to and completed projects for: CLIENT — PROJECT REFERENCES RESPONDENT SUBMITTING BID: J.P. & SONS CONTRACTING, INC. 1. COMPANY NAME: The Learning Care Group ADDRESS: 21333 Haggerty Road #300, Novi, MI 48375 CONTACT PERSON: Bob Fiscus — Performed multiple projects since 2015 TELEPHONE: 714-720-5249 E-MAIL ADDRESS: rfiscus(@Ieamingcaregroup.com TYPE OF SERVICES: Interior/exterior child care center renovation — flooring, paint, millwork, mulch removal/turf install, play piece demo/install, etc. CONTRACT DATE: Multiple contracts dating from as early as 2015 to current projects in progress. E.g. La Petite Academy #7183 Tucson, AZ contract 8/4/2018 - 12/26/2018. 2. COMPANY NAME: KinderCare Education LLC ADDRESS: 6050 N Holiday Street, #1400, Portland, OR 97232_ CONTACT PERSON: Jeff Ward — Performed multiple projects since 2005 TELEPHONE: 425-518-4841 E-MAIL ADDRESS: jeward(Ug-education.com TYPE OF SERVICES: Pour in play installation - Vancouver, WA location #301610 CONTRACT DATE: 10/1/18-10/12/18 3. COMPANY NAME: City of Phoenix — Head Start Program ADDRESS: 200 W Washington Street, 170 Floor, Phoenix, AZ 85003 CONTACT PERSON: Lisa Eversole —Perform work within the last 5 years TELEPHONE: 602-262-6658 E-MAIL ADDRESS: lisa.eversole@phoenix.gov TYPE OF SERVICES: Playground renovation (a Cactus Kids Phoenix, AZ; Interior renovation 0 Kids Campus Phoenix, AZ CONTRACT DATE: Playground 4/18 - 5/18, interior renovation 6/17 - 7/17 4. COMPANY NAME: Holiday Retirement ADDRESS: PO Box 5279, Portland, OR 97208-5279 CONTACT PERSON: Qeigy Sprouse — Performed work since 2016 TELEPHONE: 503-302-8395 E-MAIL: deigv.sprouse holidaytouch.com TYPES OF SERVICES: 4 new HVAC unit installation — Madison Meadows - Phoenix, AZ CONTRACT DATE: 8/23/18 — 8/30/18 5. COMPANY NAME: Town of Gilbert — Contract #2018-8003-0260 ADDRESS: 90 East Civic Center Drive, Gilbert, AZ 85296 CONTACT PERSON: Rick Acuna - Performed work in 2018 TELEPHONE: 480-503-6268 E-MAIL ADDRESS: Rick.Acuna@gilbertaz.gov 1, TYPES OF SERVICES: Park Village - wall repair/paint - PKID 2018-8003-0260 CONTRACT DATES: 8/30/18 — 9124/18 N 1901031050957 STATE of MZONA Office of the CORPORATION COMMISSION CERTIFICATE OF GOOD STANDING I, the undersigned Executive Director of the Arizona Corporation Commission, do hereby certify that: J.P. & SONS CONTRACTING, INC. ACC rile number: 12510140 was incorporated under the laws of the State of Arizona on 12/21/2005; That all annual reports owed to date by said corporation have been filed or delivered for filing, and all annual filing fees owed to date have been paid; and That, according to the records of the Arizona Corporation Commission, said corporation is in good standing in the State of Arizona as of the date this Certificate is issued. This Certificate relates only to the legal existence of the above named entity as of the date this Certificate is issued, and is not an endorsement, recommendation, or approval of the entity's condition, business activities, affairs, or practices. IN WITNESS wHERE017% I have hereunto set my nand, affixed die official seal of the Arizona Corporation Commission, and issued this Certificate on this date: 01/03/2019 Matthew Neubert, Interim Executive Director IMPORTANT NONCE YOU MUST: THIS 1S YOUR IDENTIFICATION CARD 1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN ITING WITHIN 15 DAYS. ISEE A.R.S. DO NOT DESTROY § 32.1154(A)(18)I FPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS, ISEE A.R.S. § 32.1122(8)(1)] .EPORTANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY (SEE A.R.S 4 § 32.1151.01J 4.) REPORT ANY CHANGE IN LEGAL ENTITY SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEE A.R.S § 32-1124 (8) (F) § RULE R-4.9.1101 04/30/2020 LICENCE EFFECTIVE THROUGI L STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT J P & Sons Contracting Inc J P & Sons Contracting Inc J P & Sons Contracting Inc 218397 KB-1 18937 E Via Del Verde CONTRACTORS LICENSE NO. cuss Dual Building Contractor Queen Creek, AZ 85142-4071 THIS CARD MUST BE PAESENTEDUPON DEMAND JEIFFtEEIiAN, DIRECTOR IMPORTANT NOTICE ' YOU MUST: THIS IS YOUR IDENTIFICATION CARD 1.) REPORT DISASSOCIATION OF QUALIFYING PAHTY tN WRITING WITHIN 15 DAYS. ISEE A.R.S. DO NOT DESTROY § 32.1154(A)(18)) 2.) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A R S. § 32-1122(13)(1)) 3.) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S. § 12-1151.01] 4) REPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEE A.R,S, § 32-1124(8)(F) § RULE R4.9-110) LICENSE EFFECTIVE THROUGH 04I3=020 �wav STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT J P &Sons Contracting Inc J P & Sons Contracting Inc J P & Sons Contracting Inc CONTAACTOHS LICENSE NO. 218397 CLASS KBA 18937 E Via Del Verde Queen Creek, AZ B5142-4071 Dual BuildingContractor TITS CAHD MUST BE PRESENTED UPON DEMAND JM rU n(AM, DI"L, ;,R IMPORTANT NOTICE YOU MUST. THIS IS YOUR IDENTIFICATION CARD 1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS- [SEE A KS. DO NOT DESTROY § 32-1154(A)(18)] 2,) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. ISEE AA.S. § 321122(B)(1)1 3-1 REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY (SEE A.R.S. § 32-1151.01) 4.) REPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF THE OWNEHSHIP IN A SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEE A.R.S § 32 1124(13)(F) § RULE R4 9 1101 IJ P & Sons Contracting Inc J P & Sons Contracting Inc L 18937 E Via Del Vence Queen Creek, AZ 851424071 F AND SONS CONTRACTING, INC. Accredited Since 2010 1 Valid Through December 2019 This company upholds the BBB Standards for Trust: • Build Trust • Advertise Honestly • Tell the Truth • Be Transparent • Honor Promises • Be Responsive • Safeguard Privacy • Embody Integrity By affirmative vote of the BBB Board of Directors, this company has met the standards of BBB Accreditation. I - Matthew Felling, S98 Pr•sident/CEO ■ QAZ a) 0 k d 0 V 4 as -/ C0 ro N Ca. ���! o d 41 Vo C a +,4vrd C; U d� :Q at4-0 O a w too �. a v � v O SO r-- eaq N F 0, l i-N U O rd w 2 ,w C� AC4 r-1 cq O � 4 14 r-I cc cq �� Co A 00 O a C4q q O V-i m z CL 5 0 m I AC R130' CERTIFICATE OF LIABILITY INSURANCE 72/26/201S ' 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, It the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endersement(s). PRODUCER Nectar, Heitel & Aosociates, Inc 6122 N. 7th Street Phoenix AZ 85014 NAME A Bonnie Owen AX IPAIHOc E=tt: (602)230-7726 ( ,Not (6021230-7816 EMAIL ,bowenehesterheitel.com INSURE AFFORDING COVERAGE HAIL 0 INSURERAAmorican CasualtX Co of Reading, PA 20427 INSURED JP & gong Contracting, Inc. 18937 E. Via Del Verde Queen Creek AZ 65142 NSURERB:Continental Casualty Company 20443 wsuRERc:Tranaportation Insurance Company 20494 INSURER D: NSURERE: INSURERS:: rnVPRAr=A r I:ATIFICATPIJIIMRFR•1B.1q GL.AU.wC.XR nrwminm NI wni=o. 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 IIAVE BEEN REDUCED BY PAID CLAIMS. Iran LTR a TYPE OF INSURANCEALIPL POLICYNUMBER POI EFP POU EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLANS -MADE 5_0 OCCUR 5091366711 3/3/2018 3/1/2019 EACH OCCURRENCE S 1, 000, ODO PRFMLSFS IFA co*oema)_ $ 100,000 MED EXPArr ao ersm S 151000 PERSONAL &ADV INJURY S 1, 000, 000 _ L AGGREGATE LIMIT APPLIES PER POLICYQ�T 0LOC MXOTHER. GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMPIOPAGO S 2,000,000 ftStop Gap I S 1,000,000 B AUTCOOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED ED X HIRED AUTOS H 509136CIOB 3/1/2018 3/1/2019 a d,B S 1,000,000 UMLY INJURY Vlw paean) $ BODILY INJURY(Pw Accident) S PROPERTYS (Per acckhM f B X UMBRELLA UAa EXCESS LIAR X OCCUR CLAIMS -MADE 6043340944 3/1/2011 3/1/2019 EACH OCCURRENCE S 1,000,000 AGGREGATE S 21000,000 DED I X I RETENTIONS 10.000 S l: WORKERS COMPENSATION AID EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNENEXECLITIVE �YIN Ma detwy InNH)BER DEBT I r ( ay ) I Id ,0 i�OPERATIO below NIA 593616302 (CA) 591366692(AS/W/NN/NV/OX/ NO 3/1/2018 3/1/20le 1/1/2019 3/1/2019 X IIVATIET OF E.L EACH ACCIDENT f 11000,000. E.LDISEASE -EAEMPLOYEE f 1,000,000. E.L. DISEASE. POLICY LIMIT S 1,000,000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, AddlUorul Remarks Seltedule, maybe suschad II more .pam Is mqutrad) Proof of Coverage ACORD 28 (2D14/01) INS026 (2Dt4D1) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVIS)ONS. AUTHORIZED REPRESENTATIVE 'Bonnie Owen/BONN 91988-2014 ACO The ACORD name and logo are registered marks of ACORD �11u! G•uJ-u r� RPORATION. All rights reserve C. KEY POSITIONS (1) Key Personnel — see attachment (2) Key Position Roles/Responsibilities — see same attachment as above (3) Subcontractors J.P. & Sons Contracting, Inc. performs a majority of work in-house. Occasionally, subcontractors may be used but not for all work of a certain type. These subcontractors are selected from our current trade partners and are directed and supervised by J.P. & Sons personnel. APPENDIX 1 C — Key Positions 1. GENERAL BUSINESS INFORMATION Business Name DBA (if applicable) J.P. and Sons Contracting, Inc. Mailing Address city state Zip 18937 E Via Del Verde Queen Creek AZ 8514 Physical Location of Principal Office (street address - do not enter PO Box) City 'Mate p Some as Mailing Address Same AZ 85142 Company www Address Phone Fax www.jpandsonsinc.corn 480 987 8885 480 987 2615 2. MANAGERIAL INFORMATION - Identify the individual responsible for the following duties DUTIES NAME A. Negotiates, executes and signs contracts. Joseph Perkins, Thomas Peck f B. Handles financial transactions and agreements. Joseph Perkins, Thomas Peck C. Manages Workforce (subordinates and subcontractors) Joseph Perkins, Richard Perkins, Chuck Pilcher, Joey Perkins 111, Katie Perkins D. Purchases and maintains equipment and supplies. Thomas Peck E. Maintains office or yard facilities. Joseph Perkins, Thomas Peck, Alanna Perkins 3. KEY PERSONNEL - Please provide a brief resume of key personnel. Use additional pages if necessary. Name & Title Project Assignment Joseph Perkins, Company Owner and President Small business owner specializing in new commercial/institutional and residential builds, tenant improvements, repairs, including asphalt, concrete, plumbing, electrical, roofing, playgrounds, fencing, interior/exterior finishes and improvements, 24 hour emergency services and more. Years of experience: Education: Withthis firm 22 years With Other Firms 15 years Degree GED Year 1980 EPA Toxic Substance Control Certification Inspection Training of AZ for Renovator Certification Surface America — Pour in Place Installation and Repair Certification Certified Playground Safety Inspector Certification Kompan, Inc. Playground Installers Certification Active License(s): Discipline General Contractor Licensed in Multiple States Number Arizona ROC 218397 KB-1 (other State/City Licenses Avail Upon Request) Dual Building License for Residential and Commercial Year 1996 to Present BBB A+ Rating Other Experience and qualifications relevant to project: -J7 years of experience In new commercial/institutional and residential builds, tenant improvements, major maintenance, and repairs, including shah, concrete, plumbing, electrical, roofing, playgrounds, fencing, interior/exterior finishes and improvements. Broad construction experience ranging from ground up 2 million dollar large building construction, to smaller tenant Improvement and repair projects. Experience with HUD housing builds, major maintenance, and repairs, as well as retirement centers, colleges, childcare centers, office buildings, commercial kitchens, and restaurants. Expert knowledge of Childcare and Playground construction, remodel, and repair, as well as Arizona State Regulations for Childcare Centers, and Federal Regulations for Head Start Program construction, major maintenance, and repair. Developed a Certification Program for pre -Fab Home construction and conducted 40 hour training courses for the White River Indian Reservation. Have provided sub -contractor work to Maricopa —county, and direct contract services to the LIty or Ynoenix. mumpie xaxe anu tny Dub iness uicemey. riuviue Aft nuue APPENDIX 1 C — Key Positions Name & Title Project Assignment Thomas Peck, General Manager General Manager overseeing accounts receivable and payable and all aspects of accounting for J.P. and Sons, act as HR, maintain company health policy, maintain and acquire state and local business licenses, prepare and submit annual reports for licensed states, manage payroll, maintain employee files, maintain WHD time sheets for Davis Bacon wage projects, prepare contracts, maintain insurance policies, act as company Safety Officer. Years of experience: Education: With this firm 7 Years With Other Firms 20 Years Degree Copenhagen Central School Diploma Year 1969 Onodaga Community College (1 Year -Police Science) US Army 1971-1974 Non Commissioned Officer School 1973 Jefferson County BOCES— Welding 1980 Active License(s): Discipline Number Yr Other Experience and qualifications relevant to project: 27 years of experience In the construction, renovation, maintenance, and playground industry. From framing houses to building multi -million -dollar ustom homes, I've participated and overseen all aspects of the industry. Jefferson County Highway Dept. —Mechanic, shop foreman, Equipment Maintenance Supervisor —14 years — Maintained all equipment, assigned work and supervised mechanics and office work, developed specification or new equipment purchases, purchased and supplied stock room. Inventoried parts and supplies. Assigned and coordinated equipment to job locations for road, bridge and construction crews. Utopian Development— carpenter. Montrey Homes — Construction Superintendent — built production homes and Town Houses from the ground up — turn key operation. Managed subdivisions with up to 135 homes. Cachet Homes — Director of Custom Homes / Director of Product Development — worked with architects & engineers to develop new subdivisions, which included common areas and parks. Created budgets and specifications for new homes and controlled bidding operations. Worked with decorators to furnish model homes. Built mufti -million dollar homes, Town Houses and Condos. J.P. & Sons Contracting, Inc — General Manager— Accounts receivable and payable, oversee accounting, invoicing, estimates, HR person, Maintain Company Health Policy, Maintain and acquire state and local licenses, prepare and submit annual reports for licensed states, submit, and maintain payroll, prepare and maintain WHD time sheets for Davis Bacon wage projects. Prepares contracts, maintain insurance policies, Safety Officer. Name & Title Project Assignment Chuck Pilcher, Site Superintendent Oversee and manage construction projects, personnel, and sub -contractors. Includes management of new construction, as well as major maintenance, remodels, and general repair. Years of experience: Education: With this firm 10 Years With Other Firms 25 Years Degree High School Diploma Year 1973 EPA Toxic Substance Control Certification Kompan, Inc. Playground Installers Certification Active License(s): Discipline Number Yr Other Experience and qualifications relevant to project: 39 years in the construction industry in residential framing from journeyman, to foreman, and now to superintendent. 10 years of experience in commercial building. Arizona building and codes experience for 23 years. APPENDIX 1 C — Key Positions C Name & Title Project Assignment Project Supervisor/Coordinator managing work order management Richard Perkins, Southwest Regional Manager system, review of work orders and projects, preparation of project specifications, preparation of quotes and bids, hiring and coordination of sub -contractors, coordination of schedules with clients and vendors, prompt response and activation of crews for emergency work, customer relations representative. Years of experience: Education: With this firm g years With Other Firms 25 years Degree Watertown High School Year 1973 Canton ATC-1974 Union Carpenter Program 1991-1982 Suface America — Pour in Place Playground Surface Application & Repair Installer — 2009 Kompan Playground Equipment Installer - 2D16 Active License(s): Discipline Number Year Other Experience and qualifications relevant to project: I have worked for J.P. and Sons Inc, for eight years and possess a lifetime of experience in the field of construction. Ericson Construction —Union Carpenter Shuck & Sons— Foreman / Field Superintendent —19 years Timberland Frame & Trim— Field Superintendent and Project Coordinator I.P. & Sons Contracting, Inc —Project Supervisor/ Coordinator Experienced Rough Frame Carpenter. Supervised frame crews for the construction of new track homes, custom homes, luxury condominiums, apartment complexes, and log homes in multiple states. Attended a Union Apprenticeship program and was quickly promoted to crew foreman, and shortly thereafter was promoted to field superintendent. Served as general manager of a locally -owned frame and trim company, running frame crews building homes for all the Major home builders in the Phoenix market. Responsible for coordinating material, labor and scheduling for 300 + rough frame carpenters. Responded to customer service / warranty requests when needed. As a project manager with J.P. and Sons, my first project as to build a 10,000 Sq. Ft. Child Care Facility from the ground up to turn key. Since the completion of that building, I have been involved in various types of projects, residential and commercial construction with J.P. and Sons, Inc. I serve as the Project Coordinator and manage the Work Order Management System, review work orders and projects, prepare quotes and bids, coordinate schedules with clients and vendors, and respond promptly to activate crews for emergency work. Name & Title Project Assignment Joseph Perkins III, Site Superintendent Oversee playground operations to manage crews with preparation and installation of playground surfaces and playground equipment, Interior/exterior painting, repairs and maintenance, tenant improvements. Years of experience: Education: Witthis firm 5 years With Other Firms N/A h Degree Queen Creek High School Diploma Year 2012 EVIT— Automotive Certification EVIT— Welding Certification Kompan, Inc. Playground Installers Certification 2016 LSI (Landscape Structure Institute) Parks and Play Structure Certified — 2016 Active License(s): Discipline Number Year Other Experience and qualifications relevant to project: Employed at J.P. & Sons Contracting, Inc since March of 2010 (part time), Full time June as of 2014. Positions held -Tech Trainee, Tech, Foreman. Currently Superintendent overseeing playground operations. Paying attention to the details, never cutting corners, and making sure the jobs are completed correctly and 100% to what the customer has envisioned. All while keeping the customer up to date and happy with our work throughout he entire contracting experience. APPENDIX 1 C — Key Positions Name & Title Project Assignment Project Supervisor/Coordinator for playground related Alanna Perkins, Project Coordinator & Office Assistant jobs, review of jobs and projects, preparation of project specifications, preparation of quotes and bids, hiring and coordination of sub -contractors, coordination of schedules with clients and vendors, prompt response and activation of crews for emergency work, customer relations representative, payroll, accountin , and website maintenance. Years of experience: Education: With this firm 6 years With Other Firms N/A Degree Queen Creek High School Diploma Year 2012 Kornpan, Inc. Playground Installers Certification 2016 CPSI Certification 2017 Bachelors In CIS — underway - 2020 Active License(s): Discipline Number Year Other Experience and qualifications relevant to project: Since 2012, 1 have had various customer service positions Including a CSA position at Phx Gateway Airport. I have a great deal of experience with customer satisfaction and love to help others / satisfy their needs. I understand people and enjoy making them feel understood. I have been orking for 1P and Sons since 2012,1 specialize in playground and park renovations / construction with my husband —Joseph Perkins III.1 love improving playgrounds for our clients and their children/students. I am very organized and always make communication my #1 goal with my clients and co-workers. Along with managing projects, I also provide accounting for the company including payroll and upkeep our website. Name & Title roject Assignment Katie Perkins, Project Manager - Washington, Oregon, Arizona Management of work order management system, review of work orders and rojects, preparation of project specifications, preparation of quotes, nvoicing completed work, job costing, hiring and coordination of sub- ontractors, coordination of schedules with clients and vendors, prompt response and activation of crews for emergency work. Years of experience: Education: With this firm 7 years With Other Firms N/A Degree Queen Creek High School Diploma Year 2010 ASU W.P. Carey School of Business —graduated with Honors 3.8 GPA, December 2016. Major: Business Technology, Minor: Technological Entrepreneurship and Management Active License(s): Discipline Number Year Other Experience and qualifications relevant to project: Employee of J.P. and Sons Contracting, Inc. part-time 2009-2016, full-time October 2017, Positions held- Office Assistant, Project Coordinator, Project Manager. Attention to detail, coordinating labor, material and scheduling for projects, and maintaining communication throughout the duration of the project to ensure 10W. customer satisfaction. EXHIBIT B TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J.P. & SONS CONTRACTING, INC. [Scope of Work] See following page(s). Vendor may be asked to provide some or all of services of installation, demolition, removal and disposal of the following: a. Buildings & improvements b. Slabs/foundations c. Walls/flooring/roofing d. Debris e. Doors/windows f. Canopies/shades g. Ramps h. Steps i. Fences/gates j. Playground equipment and surfaces k. Sport fields, turf, bleachers and structures 1. Plumbing/sprinklers m. Lighting n. All wiring, plumbing, conduit o. Fixtures and equipment p. Park benches, ramadas and picnic tables q. Other construction -related projects and materials as needed EXHIBIT C TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J.P. & SONS CONTRACTING, INC. [Sample Job Order] 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 $ Final Completion Amount $ /day Pursuant to MAG § 108.9 CONTRACTOR'S MARK-UP AND PROJECT SCHEDULE OF VALUES UNIQUE INSURANCE AND/OR BOND REQUIREMENTS IF( ANY: UNIQUE PROJECT SPECIFIC CONDITIONS IF( ANY: LIST OF PROJECT PLANS AND SPECIFICATIONS IF( ANYI: /day Attached Exhibit B Attached Exhibit C Attached Exhibit D 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. ATTEST: Signature Name Title "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Signature Name Title "CONTRACTOR" INamel Signature Name Title EXHIBIT A — SCOPE OF WORK AND PROJECT SCHEDULE/DURATION Scone 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-uo Direct Cost of the Individual Pro'ect (Delivery Order) Value $0 - $49,999 $50,000 - $99,999 $100,000 - $199,999 $200,000 - $499,999 $500,000 - $999,999 $1,000,000 + Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> I <x.xx> Subcontracted Work — Mark-un Direct Cost of the Individual Project (Delivery Order) Value $0 - $49,999 $50,000 - $99,999 $100,000 - $199,999 $200,000 - $499,999 $500,000 - $999,999 $1,000,000 + Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> [continued on next page] Project Schedule of Values (Sample) 1 GENERAL CONDITIONS SUB -CONTRACTOR OR SUPPLIER PROJECT MANAGER hours per week $0.00 FIELD SUPERVISION _ hours per week $0.00 TEMPORARY FACILITIES (attach a list of specific cost breakdown) $0.00 SITE SAFETY $0.00 EQUIPMENT RENTAL (attach a list of specific cost breakdown) $0.00 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 OTHER MISC COSTS $0.00 ALLOWANCES OR CONTINGENCY AMOUNTS PROVIDE LIST $0.00 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 and bond coverages for this Project) to confirm adequate insurance EXHIBIT D —PROJECT SPECIFIC CONDITIONS (To be completed by PMfrom the specific Project requirements and specifications) EXHIBIT E — LIST OF PROJECT PLANS AND SPECIFICATIONS (IF ANY): {To be completed by PM if applicable} A� R" CERTIFICATE OF LIABILITY INSURANCE TE (MMIDDIYYY FDA3/4/2019Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO NAME: Bonnie Owen PAH)ONN xt. (602)230-7726I AX A No t6021230-7836 Hester, Heitel & Associates, Inc 6122 N. 7th Street E-MAIL bowen@hesterheitel.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC N INSURER A: American Casualty Cc of Reading,PA 20427 Phoenix AZ 85014 INSURED INSURERS: continental Casualty Companyrompany 20443 INSURERC:Transportation Insurance Company 20494 JP & Sons Contracting, Inc. INSURERD: 18937 F. Via Del Verde INSURERE: INSURER F: Queen Creek AZ 65142 COVERAGES CERTIFICATE NUMBER:19-20 CL, AU,UM, WC 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR OF INSURANCE ADDLTYPE INSD S / D POLICY NUMBER FF MMIDD YPOLICYEYY POLICY EXP MMIDD[ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Eaoccurrenca S 100,000 MED EXP (Any one person) $ 15,000 X Y 5091366711 3/1/2019 3/1/2020 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY 0 J'EGT LOC PRODUCTS-COMNOPAGG S 2,000,000 MStop Gap S 1,000,000 OTHER: I I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X Y 5091366708 3/1/2019 3/1/2020 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000 000 B EXCESS LIAB CLAIMS -MADE DEC) I X I RETENTION $ 10,000 $ X Y 1 6043348944 3/1/2019 3/1/2020 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 593616302 (CA) 3/1/2019 3/1/2020 X PER OTH- STATUTE ER C ANY PROPRiETOR1PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? Y❑ (M andatory In NH) N I A 591366692(AZ/Co/NH/NV/Ox/ 3/1/2019 3/1/2020 E.L. EACH ACCIDENT $ 1,000,000. E.L. DISEASE - EA EMPLOYEE $ 1,000,000. If yes, describe under DESCRIPTION OF OPERATIONS below MO/OR) E.L. DISEASE -POLICY LIMIT $ 1 000 000 , DESCRIPTION OF OPERATIONS [LOCATIONS 1 VEHICLES (ACORO 101, Addltlonal Remarks Schedule, maybe attached It more space is required) Town of Fountain Hills, its agents, representatives, officers, directors, officials and employees are included as additional insured, with respect to the General Liability and Automobile Liability policies, as per attached forms CNA75079XX 102016 and CNA63359XX 0412. General Liability policy is Primary and Non-contributory, as per form G18652J 0712. Waiver of Subrogation applies to the General Liability, Automobile Liability and Workers Compensation policies, as per attached forms G18652J 0712, CNA63359XX 0412 and WC00 03 13 0484, Umbrella policy is follow form. CERTIFICATE HOLDER CANCELLATION Town of Fountain Hills 16705 East Avenue of the Fount Fountain Hills, AZ 85268 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Owen/BONN ©19 ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf. - A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: gA. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. s IV. The insurance ranted b this endorsement to the additional insured does not apply to bodily injury, 9 Y pp Y Y J ry, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: =_ E 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, _ field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part, V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 50913GG711 Page 1 of 2 Endorsement No: 5 AMERICAN CASUALTY CO OF READING, PA Effective Date: 03/01/2019 Insured Name: JP & SONS CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable.- 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. GNA75079XX (10-16) Policy No: 5091366711 Page 2 of 2 Endorsement No: 5 AMERICAN CASUALTY CO OF READING, PA Effective Date: 03/01/2019 Insured Name: JP & SONS CONTRACTING, INC. copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insured Name: JP & Sons Contracting, Inc. Policy Number: 5091366708 Fffective Date: 31112019-31112020 CNA CNA63359XX (Ed. 04112) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section 11, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception II. date, whichever is earlier. b. Does not apply to: N 1" (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or PI (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section Il -- Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which _ the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section 11, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportatlon Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, In lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. CNA63359XX copyright, CNA corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. D. Hired "Autos" The following is added to Section lit. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. C. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. C NA63359XX (Ed. 04/12) d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph RIB.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and ill: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and CNA63359XX copyright, cNA corporation, 2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material or the Insurance Services office used with its permission. (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5, Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or CNA63359XX (Ed. 04/12) damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX copyright, CNA Corporation, 2000. Page 3 of 3 (Ed. 04112) Includes copyrighted material or the Insurance Services Office used with its permission. Insured Name: JP & Sons Contracting, Inc. Policy Number: 5091366711 Effective Date: 3/1/2019 to311/2020 G-18652-J CNA (Ed. 07/12) CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions In the body of this endorsement. 1. Addttlonal Insureds Seven additional insured extensions. 2. Bodily Injury -- Expanded Definition 3. Broad Knowledge of Occurrence/ Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To *Your Product" And "Your Work" Limit: $100,000. 6. Contractual Llabllfty — Railroads Expanded definition of 'insured contract.' 7. Contractual Liability For Personal And Advertising Injury 6. Electronic Data Liability Loss of Electronic Data Limit: $100,000. 9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force —'bodily injury' or 'property damage.' 11. General Aggregate Limits Of Insurance - Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liabfllty/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. $25,000 limit for 'property damage' to borrowed tools orequipment at a Jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits Increased to $15,000. Reporting increased to three years from the date of accident. 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Increased to 75 feet. 21. Primary And Non -Contributory To Other Insurance 22. Property Damage - Elevators 23. Supplementary Payments Cost of bail bonds increased to $5,000. Dally loss of earnings increased to $1,000. 24. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contract or written agreement. r77*-Wrap-Up Extension 0-18652-J (Ed. 07/12) Page 1 of 11 Copyright, CNA All Rights Rosmod. 1. ADDITIONAL INSURED SECTION II — WHO iS AN INSURED is amended to Include as an Insured any person or organization (called additional insured) described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: I. Is currently in effect or becomes effective during the term of this policy; and fi. Was executed prior to the 'bodily injury,' `property damage' or 'personal injury and advertising injury' for which the additional insured seeks coverage. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that Is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described In the applicable paragraphs A. through G. below. A. Controlling Interest Any persons or organizations with a controlling interest In you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owner's liability as co-owner of such premises. C. Lessor - Equipment 1. Any person or organization from whom you lease equipment, but only with respect to liability for 'bodily injury,' 'property damage' or "personal and advertising injury' caused, in whole or In part, by your maintenance, operation or use of equipment leased to you by such person or organization. 2. With respect to the insurance afforded to these additional insureds, this Insurance does G-18652- J (Ed. 07112) Page 2 of 11 G-18652-.J (Ed. 07112) not apply to any *occurrence' which takes place after the equipment lease expires. D. Lessor - Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence' which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor - Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence' which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: t. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization In connection with premises you own, rent, or control and to which this Insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of Copyright, CNA All Rights Reserved. advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hofstaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance, 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. 'Bodily injury,' 'property damage' or 'personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury' or 'property damage' included within the 'products -completed operations hazard.' A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a S written contract. 2. BODILY INJURY — EXPANDED DEFINITION SECTION V — DEFINITIONS, the definition of 'bodily Injury' is changed to read: 'Bodily injury' means bodily injury, sickness or disease sustained by a person, Including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Condition 2. Duties In The Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative i= notice of an 'occurrence,' offense, claim, or 'suit' only when the 'occurrence,' offense, claim or 'suit' is known to: 0 — (1) You, if you are an individual; (2) A partner, if you are a partnership; i� G-18652-J (Ed. 07/12) (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an 'occurrence,' offense, claim or 'suit' and that failure is solely duo to your reasonable belief that the 'bodily injury' or 'property damage' is not covered under this Coverage Part. However, you shall give written notice of this 'occurrence,' offense, claim or 'suit" to us as soon as you are aware that this Insurance may apply to such 'occurrence,' offense claim or "suit.' 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization, other than a partnership, joint venture or limited liability company, in which a Named Insured specifically shown In the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar insurance means general liability or equivalent insurance, no matter whether its coverage Is broader or narrower than that provided by this insurance. But If the only other similar Insurance is for a 'consolidated (wrap-up) program,' then a subsidiary that qualifies as a Named Insured on such project -specific insurance can still quality as a Named Insured on this Insurance, but not for projects covered by the 'consolidated (wrap-up) program.' [Please see Item 26.C. of this endorsement for the definition of 'consolidated (wrap-up) program.'] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organizailon's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by-laws, charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary G-18652-J (Ed. 07/12) Page 3 of 11 Copyright, CNA Ali nights Reserved. organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the 'bodily injury' or 'property damage'; or b. The committing of the offense that caused the 'personal and advertising injury.' D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business -as (DBA) names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO 'YOUR PRODUCT' AND "YOUR WORK' A. Under SECTION 1 -- COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and 1. and replace them with the following: (This insurance does not apply to:] k. Damage to Your Product 'Property damage' to 'your product' arising out of it, or any part of It except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion, I. Damage to Your Work 'Property damage' to 'your work' arising out of it, or any part of it and included in the 'products - completed operations hazard.' This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: G-18652- J (Ed. 07112) Page 4 of 11 G-18652-,J (Ed. 07112) (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION [if — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence' because of 'property damage' to 'your product' and 'your work' that is caused by fire, smoke, collapse or explosion and Is included within the 'product - completed operations hazard.' This sublimit does not apply to 'property damage' to 'your work' if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision 5. Broadened Liability Coverage For Damage To 'Your Product" And "Your Work" does not apply if an endorsement of the same name Is attached to this policy. 6. CONTRACTUAL LIABILITY —RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of 'insured contract' in SECTION V — DEFINITIONS is replaced by the following: 'Insured Contract' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is not an 'Insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to Indemnify a municipality, except in connection with work for a municipality; o. An elevator maintenance agreement; 11. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury' or 'property damage' to a third person or organization. Tort liability means a liability that would be imposed by law In the absence of any contract or agreement. Paragraph 11. does not include that part of any contract or agreement: Copyright, CNA All Rights Rssomod. (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the €nsured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contactual Liabllfty. This provision 7. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. $ 8. ELECTRONIC DATA LIABILITY A. Under SECTION i — COVERAGE A -- BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: [This insurance does not apply to:] a p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data' that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of 'bodity injury.' B. The following paragraph Is added to SECTION IiI — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one 'occurrence' because of 'property damage' that results from physical Injury to tangible property and arises out of 'electronic data.' C. The following definition is added to the SECTION V — DEFINITIONS: G-18652- J (Ed. 07/12) 'Electronic data' means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement, the definition of 'property damage" in SECTION V — DEFINITIONS Is replaced by the following: 17, 'Property damage' means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused It.- b. Loss of use of tangible property that is not physically Injured. All such loss of use shall be deemed to occur at the time of the 'occurrence' that caused it; or c. Loss of, loss of use of, damage to, corruption of, Inability to access, or inability to properly manipulate 'electronic data,' resulting from physical injury to tangible property. All such loss of `electronic data' shall be deemed to occur at the time of the 'occurrence' that caused €t. For the purposes of this insurance, 'electronic data' is not tangible property. E. If Electronic Data Liability Is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this Provision 8. Electronic Date LiablIlty Is part of, and not in addition to, that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY - DISCRIMINATION OR HUMILIATION A. SECTION V — DEFINITIONS Is amended to add the following to the definition of 'Personal and advertising injury': h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only If such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any 'executive officer,' director, stockholder, partner, member or G-18652-J (Ed. 07/12) Page 5 of 11 Copyright, CNA Ail Rights Reserved. manager (if you are a limited liability company) of the Insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I — COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room, Dwelling or Premises 'Personal or advertising Injury' caused by discrimination directly or Indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penafties Fines or penalties levied or Imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a. Expected or Intended Injury and replace it with the following: [This Insurance does not apply to:] a. Expected or Intended Injury G-18652-J (Ed. 07/12) 'property damage' included in the 'products -completed operations hazard'; and 2. All medical expenses under Coverage C, that arise from "occurrences' or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by 'occurrences' which cannot be attributed solely to ongoing operations at a single construction project, except damages because of 'bodily injury' or 'property damage' included in the 'products -completed operations hazard'; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown In the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the 'occurrence' can be attributed solely to ongoing operations at a particular construction project. 'Bodily injury" or 'property damage' expected D. or intended from the standpoint of the Insured. This exclusion does not apply to 'bodily injury' or 'property damage' resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, Is the most we will pay for the sum of: 1. All damages under Coverage A, except damages because of 'bodily injury' or G-18652„ J (Ed. 07/12) Page 6 of 11 When coverage for liability arising out of the 'products -completed operations hazard' is provided, any payments for damages because of 'bodily injury' or 'property damage' included In the 'products -completed operations hazard,' regardless of the number of locations involved will reduce the Products -Completed Operations Aggregate Limit shown In the Declarations. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. Copyright, CNA All Rights Reserved. F. The provisions of SECTION IIi — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though the action were in personam against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person, which are said to be in personam. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to 'bodily Injury' that arises out of a 'health care Incident,' COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION I — COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.(1) and 1.11b.(2) with the following: b. This insurance applies to 'bodily injury' only If you are not in the business of providing professional health care services, and only If: (1) The 'bodily Injury' is caused by an 'occurrence' that takes place in the 'coverage territory.' For the purpose of this insurance: $ (a) 'Bodily injury' caused by a 'health care incident' will be considered caused by an 'occurrence'; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single 'occurrence% (2) The 'bodily injury' occurs during the policy period. All 'bodily injury' arising from an 'occurrence' will be deemed to have occurred at the time of the first act, error, or omission that is part of the 'occurrence'; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A — BODILY Q INJURY AND PROPERTY DAMAGE, is amended c to append the following: Only for 'bodily injury' not covered by other liability insurance (including state -sanctioned self Insurance) available to the Insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to 'bodily injury' that arises out of a 'health care incident.' G-18652-J (Ed. 07/12) Page 7 of 11 G-18652-1 (Ed. 07/12) C. SECTION V — DEFINITIONS is amended to add the following new definition: 'Health care incident' means a negligent act, error or omission by your 'employees' or 'volunteer workers' working on your behalf In the rendering of or failure to render professional health care services in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; c. Emergency medical technician; d. Paramedic; e. Chiropractor; f. Dentist; g. Athletic trainer; h. Audiologist; 1. Physical therapist; j. Psychologist; k. Speech therapist; 1. Other allied health professional; or m. Provider of first aid or Good Samaritan services rendered In an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this Incidental Health Care Malpractice Coverage: [This Insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials / Product Testing Acts, errors or omissions that occur in the course of human clinical trials or product testing. Medicare/Modicald Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any 'health care Incident' for which coverage is excluded by endorsement. E. SECTION V — DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of 'insured contract': Copyright, GNA All Rights Reserved. Paragraph f. does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for 'bodily injury' arising out of the rendering of or failure to render professional health care services. F. SECTION 11— WHO IS AN INSURED Is amended to add the following provisions: 1. Your 'employees' are Insureds with respect to: a. 'bodily Injury' to a co -'employee' while in the course of the co 'employee's' employment by you or while performing duties related to the conduct of your business; and b. 'bodily injury' to a 'volunteer worker' while performing duties related to the conduct of your business; when such 'bodily injury' arises out of a 'health care incident.' 2. Your 'volunteer workers' are insureds with respect to: a. 'bodily injury' to a co -'volunteer worker' while performing duties related to the conduct of your business; and b. 'bodily Injury' to an 'employee' while In the course of the 'employee's' employment by you or while performing duties related to the conduct of your business; when such 'bodily injury' arises out of a 'health care incident.' 3. Paragraphs 2.a. (1xa), (b) and (c) of SECTION II — WHO IS AN INSURED do not apply to 'bodily injury' for which Insurance is provided this Provision 13. 4. Paragraph 2.a.(1)(d) of SECTION II — WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it is excess over any of the other Insurance (including qualified self insurance), whether primary, excess, contingent or on any other basis, except for Insurance purchased specifically by you to be excess of this policy, 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES G-18652-J (Ed. 07112) Page 8 of 11 G-18652-J (Ed. 07/12) A. The following is added to SECTION iI — WHO IS AN INSURED: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your Interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to Insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a 'consolidated (wrap-up) insurance program.' [Please see Item 26.C. of this endorsement for the definition of 'consolidated (wrap-up) program.'] B. The last paragraph of SECTION If — WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LiAOILrrY/ALIENATED PREMISES/ SORROWED EQUIPMENT A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions Is amended to delete exclusion ]. Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] j. Damage to Property 'Property damage' to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the 'property damage' arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; Copyright, C NA All Rlghts Reserved. (5) That particular part of real property on which you or any contractors or subcontractors working directly or D indirectly on your behalf are performing operations, if the 'property damage' arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed on it. Paragraph (2) of this exclusion does not apply it the premises are 'your work,' Paragraphs (3) and (4) of this exclusion do not apply to 'property damage' to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. Paragraphs (1), (3) and (4) of this exclusion do not apply to 'property damage' (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. Paragraphs (3), (4), (6) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to 'property damage' included In the 'products -completed operations hazard.' S. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: G-18652-J (Ed. 07112) others that occurs while the equipment is being used to perform operations. Paragraph 6. Damage To Premises Rented To You Limit of SECTION III — LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit Is the most we will pay under SECTION — I — COVERAGE A for damages because of 'property damage' to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(ax10 of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is property insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner; or for personal property of others in your care, custody or control; F. This Provision 15. does not apply if Damage To Premises Rented To You Liability under SECTION — I — COVERAGE A is excluded by endorsement, 16. LIBERALIZATION CLAUSE If we adopt a change In our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. Subject to 5. above, $25,000 is the most we will 18. MEDICAL PAYMENTS pay under Coverage A for damages arising out of any one `occurrence` because of 'property A. Paragraph 7. Medical Expense Limit, of SECTION damage' to tools or equipment loaned to you by III LIMITS OINSURANCE is deleted and replaced by the following: G-18652-J (Ed. 07/12) Page S of 11 Copyright, CNA AN wghta Reserved. 7. Subject to Paragraph S. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION — I — COVERAGE C for all medical expenses because of 'bodily Injury' sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown In the Declarations for Medical Expense Limit. B. Paragraph 1.a.(3xb) of SECTION I — COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and This paragraph B. does not apply to medical expenses incurred in the state of Missouri, 19. NON -OWNED AIRCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate Issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew; and 3. The aircraft does not transport persons or cargo for a charge. 20. NON -OWNED WATERCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions Is amended to delete subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the G-18652-J (Ed. 07/12) Page i 0 of 11 G-18652-J (Ed. 07/12) following is added to Paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance Is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means insurance on which the additional insured is a Named Insured, This Provision 21, does not apply in situations where the endorsement on this policy affording coverage to the additional Insured specifies that this Insurance is excess over any other Insurance available to that additional insured. 22. PROPERTY DAMAGE —ELEVATORS A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions Is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion J. Damage to Property do not apply 'property damage' that results from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is Property Insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph i.b., the limit of $250 shown for the cast of bail bonds is replaced by $5,000: S. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the Inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. Copyright, CNA All Rights Reserved. 25. WAIVER OFSUBGROGATION -BLANKET Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. 'Your work' included in the "products completed operations hazard.' However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is In effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any Spublic construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that Is not permitted to be Insured under a 'consolidated (wrap-up) insurance program' by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, than the following changes apply: A. The following wording is added to the endorsement: With respect to a 'consolidated (wrap-up) insurance program' project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. 'Bodily injury,' 'property damage,' or 'personal or advertising injury' that occurs during your ongoing operations at the project, All other terms and conditions of the Policy remain unchanged. G-18652-J (Ed, 07/12) Page 11 of 11 G-18652- J (Ed. 07/12) or during such operations of anyone acting on your behalf; nor 2. 'Bodily Injury' or 'property damage' included within the 'products -completed operations hazard' that arises out of those portions of the project that are not 'residential structures! B. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c) to Condition 4. Other insurance; [This Insurance is excess over:] (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a 'consolidated (wrap- up) insurance program,' but only as respects your involvement In that 'consolidated (wrap- up) insurance program.' C. SECTION V — DEFINITIONS is amended to add the following definition: 'Consolidated (wrap-up) Insurance program' means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). 'Residential structure' means any structure where 30% or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also Includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not Include military housing, college/university housing or dormltorles, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. Material used with permission of ISO Properties, Inc Copyright, CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,' takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No: WC 5 91366692 Policy Endorsement Effective Date: Endorsement Expiration Date: Effective Date: 03101 /2019 Policy Endorsement No: 4; Page: 1 of 1 Page: 54 of 84 Underwriting Company: Transportation Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 Copyright 1983 National Council on Compensation Insurance.