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Home My WebLink AboutC2019-006C3 - SWP Contracting & Paving Contract No. 201 9-006C3 JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND STORMWATER PLANS,LLC DBA SWP CONTRACTING& PAVING 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 Stormwater Plans, LLC, dba SWP Contracting & Paving, a(n) Arizona limited liability company(the "Contractor"). RECITALS A. The Town issued a Request for Qualifications, CS2019-006,Construction Services (the "RFQ"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking statements of qualifications from vendors for construction and related services. B. The Contractor submitted a Statement of Qualifications(the"SOQ")in response to the RFQ,attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Contractor for Construction Services (the"Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Contract. This Contract shall be effective as of the date first set forth above and shall remain in full force and effect for one year with up to four(one)year renewable options. 2. Job Order Master Contract Process. 2.1 Indefinite Delivery and Quantity. This Contract establishes an indefinite delivery, indefinite quantity, Job Order Contract for such Construction Services within the scope of this Contract as Town may request from time to time by issuance of an individual Job Order for each Project. Unless otherwise specified in a specific Job Order,Job Orders will generally include Design Services and where Design Services are necessary, Town will contract for those services separately. A separate Job Order will be issued for each Project describing the specific Work to be performed by the Contractor for that Project. There may be multiple Projects, and, therefore, multiple Job Orders, under this Contract. 2.2 Non-Exclusive Contract. Town shall have the right to perform work of the types included in this Contract itself or to have other Contractors perform such work. In addition, 1 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. 3. Performance of the Work. 3.1 Specifications. The Maricopa Association of Governments, Uniform Standard Specifications for Public Works Construction, current edition ("MAG Specifications"), Maricopa Association of Governments, Standard Details for Public Works Construction, current edition ("MAG Details"), have been adopted by Town and shall apply to the Work, to the extent applicable. In addition, to the extent Town has adopted its own Town Specifications, and/or Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the "Town Specifications"), those Town Specifications shall apply to the Work when and where appropriate and the Contractor shall fully comply therewith. Any questions or concerns about the applicability of any specific MAG or Town Specifications to the Work shall be directed in writing to the Project Engineer. The MAG Specifications, MAG Details and Town Specifications are incorporated into the Contract. 3.2 Coordination. Contractor shall be responsible for coordinating the performance of the Work with the Project Engineer, Project Manager, Engineering Department and other departments or agencies within Town, the design professionals and other contractors involved in the Project. Contractor shall also cooperate with Town in communicating with, 3 obtaining necessary approvals or permits from, and responding to, any applicable government entity or regulatory agency, including participation in any hearings or meetings. 3.3. Inspection/Reporting. Before starting the Work, the Contractor shall carefully study and compare the various plans, drawings, other Contract Documents, and Specifications relative to that portion of the Work, as well as the information furnished by Town, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to Town in such form as Town may require. The Contractor shall be liable to Town for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions in the Contract Documents if the Contractor, with the exercise of reasonable care should have recognized such error, inconsistency, omission or difference and fails to report it to Town. The exactness of grades, elevations, dimensions, or locations given on any Drawings, or the work installed by other contractors, is not guaranteed by Town. The Contractor shall,therefore, satisfy itself as to the accuracy of all grades, elevations,dimensions and locations. In all cases of interconnection of its work with existing or other work, Contractor shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor's failure to so verify all such grades, elevations, locations or dimensions shall be promptly rectified by the Contractor without any increase in the Contract Price.Any design errors or omissions noted by the Contractor during this review shall be reported promptly to Town, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. 3.4. Extra Work/Changes in the Work/Approvals. Town reserves the right to make such changes in the plans and specifications for the Work, within the general scope thereof, as it may deem appropriate and any such change as set forth in a written Change Order or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein. A. Contractor shall not be entitled to payment for additional work unless a written Change Order or Extra Work Order, in form and content prescribed by Town,has been executed by Town prior to starting the additional work;on all such Change Orders and Extra Work Orders, Contractor shall specify the increased and/or decreased costs and whether it believes any extensions of time will be necessary to complete its Work as modified by the Change Order or Extra Work Order. In no event, however, will the Contractor be entitled to collect for overhead and profit for such changes more than the percentages of Contractor's actual and direct cost incurred in such change as set forth in the corresponding Change Order. If additional work is performed on the basis of an Extra Work Order, a corresponding Change Order shall be prepared, approved and processed by Town before payment can be made to Contractor. B. Upon request by Town, Contractor shall submit for Town's prior approval all samples,product data, shop drawings on all materials, systems and equipment to be incorporated into the Work. 4 C. The Project Manager shall be designated by the Town. All communications concerning performance of the Work or the Project shall be provided to the designated Project Manager, who has the authority to act on behalf of Town, as delineated and limited by the Contract Documents and applicable law. The Project Manager has no authority to bind Town or Town Council in contravention of any Town Code, State or Federal statute or regulation,or this Contract. Project communications may be exchanged by e-mail upon the written agreement of the Project Manager and Contractor, but e-mail communications are not binding upon Town and cannot change the terms of the Contract or the scope of Work or effectuate any change that requires a written change order. The use of e-mails is for information only, and e-mails will have no legal or binding effect. 3.5. Time/Float. Contractor shall strictly comply with the Project schedule approved in writing by Town(the"Contract Time"). The Contract Time shall start with the Notice to Proceed and end with final acceptance of the Work. Contractor shall commence performance of the Work and complete the Project through both substantial completion and final acceptance within the Contract Time, and failure to do so shall be a material breach of the Contract. A. Time is of the essence of the Contract,for the Project,for the Work, and for each phase and/or designated milestone thereof. B. No modification to the Contract Documents or the Contract Time shall be effective unless approved in writing, in advance,by Town. C. The total float time within the overall schedule is for the exclusive use of Town, but Town may approve Contractor's use of float as needed to meet contract milestones and the Project completion date. 4. Payments. Payments shall be made as follows: 4.1 Progress Payments. A. Progress billings will be processed monthly starting upon Project commencement. B. Contractor billings shall be submitted on Contractor's typical invoice form. C. A list of all suppliers (including name, contact information and phone numbers) to be used by Contractor must be received and approved by Town, prior to release of Contractor's monthly progress payment. Town's approval of Contractor's suppliers shall not release Contractor from any of its obligations under this Contract, including without limitation, Contractor's indemnification, and insurance obligations. D. If required by Town, Contractor will be required to execute an Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and Release on final payment contemporaneously with the receipt of partial or final payments, or other form of acknowledgment of payment and/or release of claims as required by Town, 5 as well as unconditional lien waivers executed by subcontractors and/or suppliers who have provided labor, materials, or rental equipment to Contractor. Payments of any amounts covered by any conditional lien waivers may, at Town's sole discretion, be made by joint check issued to the Contractor and the subcontractor or supplier. E. Contractor shall submit all other supporting documentation substantiating its Invoice as may be reasonably required by the Engineer,Project Manager, Town, and applicable laws. 4.2 Final Payment. Final payment including retainage shall be paid only after: (i) the Work has been fully completed (including completion of all incorrect or incomplete work items)and accepted by Town and Engineer; (ii)necessary operating manuals,any excess materials and supplies necessary for matching materials and supplies incorporated into the Work, and complete "as-built" drawings, plans and specifications have been delivered to Town; (iii) if required by Town, full and unconditional lien waivers and releases by Contractor and any person performing labor or supplying material, machinery, fixtures, or tools for the Work have been delivered to Town; (iv) all conditions and requirements imposed by Town or any financing entity for the corresponding disbursement have been met;and(v)Contractor delivers to Town an Invoice requesting payment. The Contract number must be referenced on all invoices. 4.3 Town's Right to Withhold Payment. Town may withhold payment to such extent as may be necessary in Town's opinion to protect Town from loss for which the Contractor is responsible, including, without limitation: A. defective Work not remedied; B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Town is provided by the Contractor; C. failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; D. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; E. damage to Town or another contractor; F. reasonable evidence that the Work will not be completed within the Contract Time set forth in Exhibit B (or otherwise by Town), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or G. persistent failure to carry out the Work in accordance with the Contract Documents. 4.4 Joint/Direct Checks. Payments to Contractor may be made by checks payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of Town it is advisable, payments may be made directly to 6 Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract. 4.5 Payment Not A Waiver. No payment (nor use or occupancy of the Project by Town)shall be deemed acceptance or approval of the Work or as a waiver of any claims,rights, or remedies of Town. 4.6. Liens and Bond Claims. Contractor shall make all payments, in the time required, of all labor and materials furnished to Contractor in the course of the Work and shall promptly furnish evidence of such payments as Town may require. Contractor shall pay when due all claims arising out of performance of the Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of Town, or against payments due from Town to Contractor, or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, Contractor agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of Town, against payment due from Town to Contractor, or against any payment or performance bond, shall be filed or made in connection with the Work by any party who has supplied professional services, labor,materials, machinery, fixtures, tools, or equipment used in or in connection with the performance of this Contract, and Contractor agrees to remove or to cause to be removed any such liens or claims in the nature of a lien or bond claim within ten (10) days upon receiving notice or obtaining actual knowledge of the existence of such liens or claims. In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and against any and all such liens and claims. This paragraph does not apply to claims and liens of Contractor due to non-payment for Work performed. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor's applicable licenses issued by the Arizona Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set 7 forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Contractor. 9. Work Standards,Warranties and Correction of Work. All materials and other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract. 9.1 Express Warranties. Within fourteen (14) days of the completion of the Work(or at such earlier time as requested by Town),Contractor shall execute and deliver to Town all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to Town, and any other person reasonably requested by Town, or Town's lender(s). 9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by Town. 9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, Town may correct it and the Contractor shall reimburse Town for the cost of correction. 10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof(the Town and any such person being herein called an"Indemnified Party"),for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims")to the extent that such Claims(or actions in respect thereof)are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do 8 business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name,to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a"claims made"basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with 9 respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A$25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement, as applicable. Additionally,certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO")Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. 10 (2) Contractor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a$2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO,Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be"follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents,representatives, officers,directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 11 C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Contractor engages in any professional services or work in any way related to performing the work under this Agreement,the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor,or anyone employed by the Contractor,or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire,be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances,provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage,payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIz. REV.STAT. §38-511. The Town may cancel this Agreement without penalty or further obligations 12 by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision,the Town shall be entitled,in addition to any other rights and remedies,to recover and withhold from the Contractor an amount equal to 150%of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town,payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 12.7. Upon any termination of the Contract, no further payments shall be due from Town to Contractor unless and until Contractor has delivered to Town any and all documentation required to be maintained by Contractor or provided by Contractor to Town. 12.8. Under no circumstances shall Town have any liability for any costs, expenses, overhead, or profits in relation to any work not actually performed, or for any future or anticipated profits, recovery, damages, expenses, or loses. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner,joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors. The Contractor,and not the Town, shall determine the time of its performance of the Services provided under this Agreement so long as Contractor meets the requirements of its agreed Scope of Work 13 as set forth in Section 2 above and in Exhibit B. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Contractor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Contractor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Agreement by Contractor. 14 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Contractor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses,determined by the court sitting without a jury,which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity,the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail,registered or certified,return receipt requested,to the address set forth below or(C)given to a recognized and reputable overnight delivery service,to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 Attn: Grady E. Miller, Town Manager 15 With copy to: Town of Fountain Hills 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Stormwater Plans, LLC dba SWP Contracting& Paving, 5624 North 54th Avenue Glendale,Arizona 85301 Attn: Shauvick"Bobby" Lall, P.E., General Manager 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 16 of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIz.REV. STAT. § 41-4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIz. REV. STAT. § 23-214(A). Contractor's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIz.REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, the Fee Proposal, the RFQ and the Contractor's SOQ, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. 13.22 Special Provisions. The Contract created by this request and the resulting request for qualifications will automatically renew for up to four successive one-year terms,unless the Vendor notifies the Town in writing of its desire to terminate the Contract. If extended, the then-current prices shall be applicable during the subsequent renewal year unless the Vendor notifies the Town in writing of any rate increase and the Town approves the increase with an authorized signature,prior to the end of the then-current term. 17 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation ' ... V\"...dki Grady E. it , wn Manager ATTEST: / $141.C, Elizabeth ke, Town Clerk APPROVED AS TO FORM: n . Anson, Tow Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On`-VY\O LC,I(1 '2-1/ , 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 ``P`�` , �� . c /\ , /� PI�T�IC6A imp_ U 11 X rt gniR ssio #521340 Notary Public-State of Arizona NotaryPublic MARICOPA COUNTY My comm.expires Qsc.8,2020 (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGES] 18 "Contractor" STORMWATER PLANS, LLC, DBA SWP CONTRACTING & PAVING, a(n) Arizona limited liability company By ----"-----7 iffwt- Name: James Erickson Title: Managing Member Representative (ACKNOWLEDGMENT) STATE OF Arizona ) ) ss. COUNTY OF Maricopa ) On February 28 , 2019, before me personally appeared James Erickson , the Managing Member Representativeof STORMWATER PLANS, LLC, DBA SWP CONTRACTING & PAVING, a(n) Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited ility company. ��I '�7.�rl►t.4 L1I Eakti Notary Cr blic I (Affix notary seal here) JACQUELYN K. BUTLER ``�s Notary Pubfic, State of Arizona i.,�. ,�, Maricopa County•Comm 4 547496 �+ My Commission Expires \;: ` July 01, 2022 19 EXHIBIT A TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND STORMWATER PLANS, LLC, DBA SWP CONTRACTING &PAVING [SOQ] See following pages. Si114P CONTRACTING D PAVING ..1r--moso otheNNnetol ccd.k 5624 N.54th Avenue I Glendale,AZ 85301 1623.544.7305 A. GENERAL INFORMATION - COVER LETTER January 7, 2019 Town Clerk 16705 E.Ave. of the Fountains Fountain Hills,Arizona 85268 RE: Town of Fountain Hills General Construction Services Solicitation Number CS2019-006 Members of the Selection Committee: Stormwater Plans, LLC dba SWP Contracting& Paving(SWP) is pleased to present the Town of Fountain Hills with our Statement of Qualifications to provide General Constructing Services for Horizontal Construction of town-owned facilities.Enclosed - please find our comprehensive approach to managing and ensuring high quality task order delivery for the Town, f Add Bench Strength to your Pool of Contractors 'remir We are submitting our qualifications to be considered for vertical and 'T horizontal JOC projects for the Town of Fountain Hills.We differentiate A Culture of Safety from our competitors by offer engineering, vertical and horizontal construction In Our industry-leading addition to many in-house services. Bringing these resources under one company, EMOD safety rating of allows us to meet our clients needs without relying on outside vendors and their .73(industry average is competing schedules. Selecting SWP Contracting and Paving adds bench strength 1.0)is a testament to to your available resources and brings value to the Town and its constituents. ne value we place on the well-being of our The SWP Team Differentiates from the competition with: employees, those who • Vertical and Horizontal Experience -This proposal illustrates our experience work with us, and the with buildings,paving,concrete,federally-funded projects,ADOT and work with communities in which we private developers. In addition, we bring a wealth of supplemental resource work and live. departments to provide in-house resources/solutions for our clients such as pavement striping and marking, signage and wayfinding, SWPPP/dust control and engineering. See page 10 for an overview of our service offerings. • A Depth and Breadth of Job Order Contracting Experience - Our extensive experience serving municipal clients(currently servicing 18 contracts using Job Order Contracting) has led to a clear understanding of the process and the resources needed to exceed expectations for the Town of Fountain Hills. 0 With over a decade of experience, SWP offers a thorough understanding of the SWP Experience Pictured scopes of work and the unique challenges of safety and efficiently performing this on the Cover page L R work while coordinating with the public, residents and local businesses. We lookp g i ) forward to the next step in the selection process, to introduce you to our team, and discuss our past performance with similar scopes of work. • Pinal County Pavement SWP acknowledges Questions and Answers posted on the Town website 1/2/2019. Preservantion ADOT Midway Road Sincerely, Paving Crew • Lake Mary Road Paving n • Minnezona Child Care Facility Improvements Shauvick"Bobby"Lail, PE, General Manager Stormwater Plans, LLC dba SWP Contracting& Paving Cell: 623.203.7643 Page 1 TOWN OF FOUNTAIN HILLS General Construction Services A. GENERAL INFORMATION A. 2. VENDOR IDENTIFICATION INFORMATION �� ' Legal Name: Stormwater Plans, LLC dba .1 SWP Contracting and Paving .. 0Address: 5624 N. 54th Avenue Glendale,AZ 85301 _ 7 ID Number: Federal ID#20-2882277 Legal Form: Limited Liability Company ,.I :-- A. 3. VENDOR'S PRINCIPAL OFFICE '--.4 . S """ °° 5624 N. 54th Avenue Glendale,AZ 85301 (Satellite offices in ... - - " Phoenix,Tucson &Yuma) A. 4. GENERAL DESCRIPTION Proximity to Fountain Hills Stormwater Plans, LLC dba SWP Contracting&Paving(SWP) aIsateP's mainoffice officeisP in Glendale with is a full service, local and civil contracting firm specializing in a satellite in Phoenix. small to medium sized maintenance projects for municipal clients. Initially started as a civil consulting firm in 2005, SWP has evolved from a specialty storm water designer to a general ) contractor with a renewed focus on horizontal civil projects.We perform .y perform new construction maintenance and repair for paving, - ) concrete, earthwork(parks,lake edge repair, basin and drainage improvements, landscaping)and other small municipal projects. In-House capabilities differentiate D OUR JOC EXPERIENCE SWP:to address the shortage of ''> SWP specializes in Job Order Contracting(JOC)and Alternative speclaltysubcontractors,SWP Project Delivery Methods(APDM).We offer clients a variety of made the investment to bring alternative delivery methods, including:Job Order Contracting these services in-house to meet (JOC), Indefinite Delivery/Indefinite Quantity(IDIQ), Multiple Award our clients needs and schedules. Task Order Contract(MATOC), Basic Ordering Agreement(BOA), , Construction Manager at Risk(CMAR)and Design-Build(DB)with J complete pre-construction services. Resources Include: • In-house project engineering Experience with the JOC Process: capabilities SWP has been performing JOC and similar MATOC and IDIQ • In-house ATSSA certified contracts for local,state and federal government entities for nearly Traffic Control Technicians a decade: and Supervisors,capable of 18 master job Order Contracts in-force maintenancereainng and ft managingffcthe 4� J of traffic(MOD ", • 50+task orders executed and project-specific traffic r • SWP maintains crews, equipment and resources for a$45 control. million JOC capacity • In-house Storm Water Pollution Prevention Planning A. S. CONTRACT INFORMATION (SWPPP) SWP Contracting& Paving has not had any contracts or • aIn-house an manufacturingt design subcontracts terminated since its inception. av ainte • Paving and maintenance crews A. 6. CLAIM INFORMATION • Concrete crews SWP Contracting& Paving has not had any claims that resulted in litigation or arbitration since its inception. Sag) A. 7. DEBARMENT INFORMATION SWP Contracting& Paving has not been debarred by any federal, 'co T"`aa1°VING indotit state,or local government entity since its inception. �.---raworM .d+c A. 8. VENDOR INFORMATION FORM _.._ _._,_,.._ . , ...no., (located in the Appendix) SWP Contracting& Paving Page 2 TOWN OF FOUNTAIN HILLS General Construction Services Scope of Work identified on Page ii of Self- Sub- the RSOQ Perform contract Additional Scopes of Work a Buildings&improvements X Performed by SWP for the Town b Slabs/foundations X of Fountain Hills c`' Walls/flooring/roofing X d Debris X Canopies I Community parks e;' Doors/windows X f Canopies/shades X Curb&gutter I Dam repair g Ramps X Disc golf parks I Dog parks h Steps X i Fences/gates X Dry utilities I Interpretive j Playground equipment and surfaces X signage I Lakes I Picnic/ramada k Sport fields,turf, bleachers and structures X I Plumbing/sprinklers X areas I Plaza I Round-a-bouts ) m Lighting X Sidewalks I Skate parks " _n All wiring, plumbing, conduit X Trails I Walking Tracks o Fixtures and equipment X p Park benches, ramadas and picnic tables X D q Other construction-related projects and X X materials as needed B. EXPERIENCE AND QUALIFICATIONS Performance Example B. 1. EXPERIENCE PROVIDING SIMILAR SERVICES We perform new construction maintenance and repair for For our Pinal CountyjOC, SWP has r' buildings, paving,concrete, earthwork(parks, lake edge repair, kept the same management team, `` basin and drainage improvements, landscaping)and other Anthony Heim, Project Manager,in small municipal projects as a main line of business. place to provide on-call/quick response I for the client.Anthony provides turn- Li The past performance examples on the following pages key services by scoping, estimating illustrate our experience with: and managing the projects. During ADOT projects the last procurement of the Pinal Basins County JOCs(Summer 2018), SWP's D • Buildings(remodels) past performance was reflected as the • Culverts top scoring respondent for both the rz Federally-funded projects Pavement and Civil Solicitations. Guardrail w 4�:�, • Parking lots i � A"4. ---- -- , • Playgrounds �`.` '"" .� ;, Rip rap s►,ir,.— °" zur • Roadwork • New Pavement * gt'e • Pavement maintenance ' Nt — • Pavement repair '. ' • Sidewalk, curb and gutter -\ Redd;ngton Road,PinalCounty • Signage Scopc ,, wMaiagc _ • Striping Es+wnai-c • Working in and around neighborhoods SWP Contracting& Paving Page 3 TOWN OF FOUNTAIN HILLS General Construction Services B. EXPERIENCE AND QUALIFICATIONS B. 2. SIMILAR COMPLETED PROJECTS •- C` f y (Pavement Preservation and Tonto National Forest Road USACE- POCA 161st National Re air JOC- Pinal CountyMaintenance IDIQ- USDA Forest Service Guard IDIQ P )• Description Description Description Miscellaneous roadway Road maintenance series for SWP is providing site survey and .,) construction and repair services all ranger districts on the Tonto work plans, for maintenance, including chip, crack, slurry, National Forest for a five-year repair and rehabilitation J micro and fog seal.Work period.Asphalt pavement services on Government ' includes: pavement preservation, maintenance, ditch cleaning, installations and facilities.The '-' soil stabilization for roadway hauling of excavated material, scope of work includes:grading subgrade and shoulders, repair of damaged culvert ends, and earthwork, surface and construction of new asphalt removal of brush, hazard and subsurface storm drainage and concrete pavement, roadway obstruction removal, surface drainage control structures, removal and replacement of blading maintenance, roadway storm water management, • repairs and surfacing materials, surface stabilization, roadway erosion and sediment control, .1 installation of pavement spot surfacing, drainage clearing and grubbing, paving markings, and construction structure installation, vegetation and surfacing for roads, parking of improvements for low maintenance, cattle guards, areas and sidewalks, parking ) volume roads,parking lots and traffic gates,earth berms and layout, pavement markings, driveways. Pre-construction guardrails, sign installation and traffic control and signage,gates services include:survey, maintenance and tree removal. and fencing,curbs and gutters, D constructability analysis,value SWP introduced the"T.-Top" slope stabilization,trenching, , engineering,cost estimates, large asphalt crack repair bridges, spill containment berms, CPM schedules, public relations process to the TNF to fix large demolition,and airfield runways and job safety hazard analysis. cracks increasing lifetime of and taxiways. the roads and parking lots and reduces repair costs. L) Company Pinal County Company Tonto National Company USACE Forest Service Salt River Recreation Contact Name Jeff Owens Contact Name Joe Ramirez Area Address, 12725 E Address, 3636 North Central • Telephone, Adamsville Rd Contact Name Lonny Rollins, PE Telephone, Ave.,Suite 500 , Email Florence,AZ Address, 2324 E.McDowell Email Phoenix,AZ 85012 85132 Telephone, Phoenix,AZ 85006 602.230,6856 520.866.6515 Email P:602-225-5323 Jeffrey.W.Owens@ 4 joe.ramirez@ Lrollins@fs.fed.us usace.army.mil pinalcountyaz.gov Services IDIQ Task Order Services IDIQ Task Order Services Job Order Provided Performance Provided Performance Provided Contractor Contract 6/30/2019/ Contract 10/15/2016 Contract 7/15/2016 Dates 6/30/2019 Dates 12/31/2016 Dates 6/30/2018/ 6/30/2019 (renewal) SWP Contracting& Paving Page 4 • TOWN OF FOUNTAIN HILLS General Construction Services B. EXPERIENCE AND QUALIFICATIONS wX _ c :,i . ,.tin) 4 J � � I , 3 % _cz.. � saii IfllPn n1fLy rr ri,f . . �:k Santa Catalina Ranger Station Office/Restroom Air National Guard Building 5 Renovation Remodel, Pima County, AZ Pima County, AZ Description Description SWP completed the remodel of the ranger station Demolition of interior wood framed walls,millwork in r' office and restroom at the busy Sabino Canyon Trailhead in Pima County.Work activities included designated areas and CMU walls. Removal of ceiling demolition/clearing of the existing restroom and kitchen lights and audio,ceiling tile and grid,HVAC supply and components,all electrical wiring,HVAC, plumbing, return trim grills and cap off ends,existing carpet, "-. flooring,concrete slabs,septic tank,and fence removal. VCT flooring,unnecessary electrical lighting above New construction included reinforced footers for header ceiling and make ready for new service,all fire alarm, • vertical supports,concrete patching and replacement smoke detectors and strobes,sand and prep floor for of the floor slab in the restroo7ms, kitchen,adjacent new carpet and demolition for construction of ADA f, hallway and the storage closet. Aggregate placement accessible concrete ramp. and compaction occurred under all new concrete floors. New construction included framed interior partition Framing of walls and ceiling with standard steel stud walls,door frames, retexture of all interior drywall, ) construction. New doors and hardware,waterline paint,ceiling grid,acoustical ceiling tiles,carpet, plumbing, sanitary waste and vent plumbing,sanitary LED lights,communications patch panel and ail • sewer,electrical work,kitchen cabinets and countertops, communications required for existing work stations, restroom components and accessories. electrical panel and feeders to work in conjunction with existing electrical panels,fire alarm(smoke detectors SWP provided design and engineering and strobes)system,fire suppression sprinkler heads, ` new supply(31)and return(16)grills connecting to calculations for the material and size of existing HVAC with new flex duct and connectors. ✓ the headers and vertical supports over the Infrastructure for future accommodations included kitchen and restroom openings. electrical outlets,phone and data to accommodate 48 workstations and computers. ) Company US Forest Service Company USACE Air National Guard Contact Name Brendell Gallegos Contact Name George Ballesteros . Address, 333 Broadway Blvd.SE Address, 6620 S.Air Guard Way Telephone, Albuquerque, NM 87102 Telephone, Tucson,AZ 85706 Email 505-842-3340 Email P: 520.295.6543 bgallegos@fs.fed.us george.f.ballesteros.mil@maiLmil .•,, Services General Contractor Services General Contractor Provided Provided Contract 7/21/2017-01/06/2018 Contract 9/26/2018- Dates Dates 4/30/2019 -- Description - - The scope of work for the expansion to the Minnezona Child Care Playground --.. = 4_ „w , Renovation projectand multi-purpose room included new playground r .a' equipment,lined sandbox,lighted sand volleyball court,lighted basketball t, i ---..- • � -' court,artificial turf throughout,shade structures, ``—.,,; �, — -- --- 3 hole miniature golf course, latching gates,ADA compliance,new pool upgrades with landscaped . island and new irrigation system.The State was Recreation Features L, ;� :_ , `,_ - • Park setting facing a labor and material shortage which put the - Lighting Minnezona Expansion project schedule at nine months.SWP used in-house . Athletic courts Litchfield Park,AZ labor and performed the work in two months, • Gates • SWP Contracting&Paving Page 5 TOWN OF FOUNTAIN HILLS General Construction Services B. EXPERIENCE AND QUALIFICATIONS • B. 2. SIMILAR COMPLETED PROJECTS (CONCRETE) - -,. r - ,_. _ lel . ,i •tikSii,...•*.t t 4 775i3b--`-''''-— - -- 3 ,,., .f.if .,..„. - Katherine Landing Access Lake Mary Rd Improvements Ash Canyon Crossing Road Bullhead City,AZ Clints Well,AZ Sierra Vista,AZ Description Description Description Katherine Access Road serves This project included 7.5 miles This project included drainage • as the main roadway into the of road improvements including repairs and improvements to a • Katherine Access Marina. Scope shoulder widening pulverizing particular area that had 4 pipe of work for this project included of pavement and removal of culverts underneath the roadway • widening the roadway template, the Wi which would frequently overtop llow Creek Bridge deck • new drainage structures, during large storm events and improvedpullouts adjacent to and replacing it with a widened p cause further erosion.As part the roadway, paved entrance bridge deck on the existing of this project, SWP built a parking area, resurfacing the substructure.There were culvert temporary detour for traffic and r' existing Marina area parking pipe extensions o accommodate removed and replaced the pipe ' lots and boat launch and the the shoulder widening and one culverts with a pre-cast concrete entrance station.The project also large box culvert replacement. 2-barrel box culvert. • included new signage and safety The project includes new • improvements along the route. guardrail approaches,final signing and striping. fa5 . Concrete Features: Concrete Features: Concrete Features: • 124'x8'x4'reinforced • New box culvert • Replaced 4 pipe culverts concrete box culvert • 4 box culvert extensions with concrete box culvert L • 8,000 ft of curb and gutter i Company FHWA Company FHWA Company FHWA D Contact Name Curtis Scott, 12300 Contact Name Joe Wilson Contact Name Curtis Scott, 12300 Address, West Dakota Address, 12300 Dakota Ave., Address, West Dakota Telephone, Avenue Telephone, Lakewood, CO Telephone, Avenue • Email Suite 390 Email 80228 Email Suite 390 Lef Lakewood, 720.963.3500 Lakewood, ,-, CO 80228 joe.wilson@dot. CO 80228 ,, 720.963.3558 gov 720.963.3558 @fhwa.dot.gov Services General @fhwa.dot.gov Services General Provided Construction Services General • Provided Construction Services Provided Construction Services Contract 4/11/2017 Services Contract 12/11/2015 Dates 10/26/2017 Contract 7/14/2015 Dates 9/16/2016 Dates 12/11/2015 SWP Contracting& Paving Page 6 TOWN OF FOUNTAIN HILLS General Construction Services B. EXPERIENCE AND QUALIFICATIONS B. 2. SIMILAR COMPLETED PROJECTS 4 . - _ - _ - -- - - _ -'lft� - l � x. I wa.- ' Parkway Subdivision PSTA Drivers Training Track Avenue D and Salinity Canal Pavement Preservation - Tucson,AZ Box Culvert- Bureau of Cit of Somerton Reclamation ,- Description Description Description D The City of Somerton was This project improved the This project replaced the Avenue able to obtain a Community training track by removing and D Bridge over the Salinity Canal Development Block Grant replacing the asphalt concrete along the Salinity Canal Levee (CDBG)for improvement funds (AC)including a heavy duty Road.SWP was tasked with the • for their city. CDBG funds are pavement section, extension rough grading of the roadway ,) distributed to state and local of the concrete skid pad, alignment, placement of ABC, governments according to their drainage improvements, utility fine grading and AC placement • population size,poverty level improvements, shade structures, extending from the far edge of • and key housing variables to help guardrail, striping and signing the new box structure across the communities address a wide and curbing around the asphalt levee and associated abandoned range of development needs. paving. railroad track to tie into the existing alignment of Avenue D. r, The City replaced asphalt within the Parkway Subdivision along 5 Company City of Tucson Guardrail and roadway markings were subsequently placed to 4 residential streets. Included with Contact Name Art Villegas finish the project and open Address, 4004 S.Park the crossingback upfor the 'I the pavement replacement were Telephone, Avenue residents in the nearbyCocopah .' new sewer lines and updated Email Tucson,AZ 85714 p sidewalks with ADA ramps. 520.791.5111 Indian Reservation Community. Art.Villegas@ Company City of Somerton tucsonaz.gov Company Bureau of Contact Name Sam Fisher,Public Services General Reclamation • Address, Work Director Provided Construction Contact Name Ithiel Torres .. Telephone, Services Address, 928.343.8283 Email 928.722.7371 Contract 3/27/2018 Telephone, ` sampalacios@ Dates Email somertonaz.gov Services Subcontractor Services General Provided • Provided Contractor Contract 1/26/2018 Contract 4/2/2018 Dates 4/13/2018 Dates 8/27/2018 SELF-PERFORMING CAPABILITIES As a company, SWP self-performs 70+%of the scope for all projects(and just under 80%for civil infrastructure construction)on average.While the scopes for any JOC task orders may 70i vary,SWP will ensure that we perform a MINIMUM of 51%of the work with our own forces and it is our intention to fall within the range of 70-80%for self-performance. SWP Contracting & Paving Page 7 - , � TOWN DF FOUNTAIN HILLS ' General Construction Services B. 3 LICENSE INFORMATION Arizona Registrar*f[ontr8CtorsUcensesheld6mStornlmaterPkans, LL[dba SVVP Contracting Q/ Paving License Number Classification Issuance Date Renewed Through ' AZ ROC A'278458 Class A' General Engineering 5/31{2012 5/31/2030 ro AZ ROC KE'2547Z4 Oass %E- StormvvaUerPoUudonand 5/27/2009 5/31/20219 =' Track Out Prevention � � � B. 4 TOWN'S I NVESTI GATU0N � GVVPCont»acdng& Paving authorizes the Town's representatives to verify all information on the project ^� references and releases those concerned from any liability in connection with the information they provide. � ~k C. KEY POSITIONS u* C. 1 aOdC. 2 ODDOYLALL_ PE �� WARKKRUMK4 � � ]ocwmsaAm pocuOxonu , u r\ ��m�m�n ^ .�. MaxxnFn rY - �� K4|KETA/LOR a/mmANAum ANTHONYHBK4 pxc1/nmxyxCUn � °x RUS6ELLk4OOREPE ARTO]RDDVA SHAY MOORE DESIGN ASSIST -�. / �^^ i cs�*ppL ' ` (AS-NEEDED) surm/mTEmoENT � � | KEY ~/ `�� J . �4|KEGROA� ~�r Tmwocxxnwmsxr �-- �IVEM*Y�� N�~y*p pxxcc r �� c�vmc� ~~ SLIpcmu_:�soswr �/ �� lu`ExxunDEm/ � z Horrocks Engineers ^y po�nua smxvn��m, �--'------------- — ---- --' -- '' ---� ~~ mwco, wmnSC/nwa r;nows � ,. Key Personnel ' -` MECHANICAL . ^ - BALANCING WORKS LOADS � Our proposed team understands that asa job Order Contractor, itis our responsibility to be able to adjust to the peaks and valleys of work volume.We are well suited to handle this challenge asvvehave the resources to draw skilled crews and staff as necessary tn manage a large volume Vy work.VVo also have local projects forourcore]OCcrewtokeep them busy onan interim basis until additional task orders are issued. ` - ` 5VVP[ontracdng& Pavng Page TOWN OF FOUNTAIN HILLS General Construction Services Bobby Lail, PE , x' - •,,,,v,° Mark Krumm JOC Program Manager ` Pre-construction Manager .t Time with Firm "' ,�y., Time with Firm c 1 13 years with SWP t 5 years with SWP 18 years in Industry i __ 31 years in Industry Education Mark concentrates on cost estimating and civil BS,Civil Engineering,Walla Walla University construction management. He has extensive Bobby is an experienced JOC program manager, experience on asphalt paving, earthwork,structural responsible for every aspect of construction concrete, bridges, PCP sound walls,drainage ect related to transportation projects. Bobbyoversees; and utilitiesgen Senior Markm fhor servedadi alls Pre- p p � Manager and Senior Estimator, leading Pre- constructability reviews, fee negotiations, construction Services including permitting,site evaluation of value engineering opportunities, logistics, bid documents, cost estimating and GMP partnering,design, management,change orders, development.As Pre-construction Manager, Mark project coordination,scheduling,quality control will be responsible for assumptions, quantity take- and assurance and office and staff management. offs and detailed breakdowns of all materials,labor Bobby will ensure resources are allocated for each and equipment. task r order. ,,` Anthony Heim r -' Steve Haws e • ` ' Project Manager ," "= Concrete Superintendent Time with Firm r Steve works closely with all - 1 i t r 11 years in Industry 1 .4,, members of the project team and Education ` , supervise all aspects of concrete BS, Civil Engineering - , supervision. He tracks labor hours, r University of Arizona concrete poured,equipment/form- work rentals, layout and quality control. Steve Anthony brings 11 years of progressive experience interacts with field and project management team in the construction industry, serving as a Project to address cost and/or schedule concerns. He has Engineer, Project Estimator, and Project Manager worked on all types of concrete work including ,-,- throughout the state of Arizona. His project box culverts, bridges, retaining walls,drainage , responsibilities include developing, estimating, structures, sidewalk, curb and gutter. and constructing civil work across both private and ; Travis Cartwright ) public sectors.Anthony is skilled at: utilizing clear fT ; paving Superintendent and timely communication protocols with owners Travis brings over 15 years of and stakeholders; managing project schedules; . experience throughout a variety coordinating resource allocation,quality control, of fields within the civil roadway ' and safety with project superintendents;and construction industry. He gained -w, managing multiple projects simultaneously. P valuable experience in all aspects a of construction as he rose through the ranks ', ,,� \ Art Cordova from a flagger to traffic control foreman,to iJ ,4 General Superintendent superintendent.Travis'experience offers the Art brings over 30 years of benefits of strong working relationships with construction experience. His subcontractors and suppliers throughout the area. industry experience has progressed e from the role of haul driver to Mike Groak , foreman to superintendent, 1 SWPPP/Traffic Control Coordinator leadingcrews in complex multi-million dollar _, '' , Mike oversees the striping crew on capitalimprovement projects across the state a variety of tasks associated with of Arizona.Art is responsible for quality control, t ,. the maintenance and installation safety on the job site and scheduling personnel of traffic stripes, pavement and materials while in the field. He oversees all markings, pavement markers,traffic crews and subcontractors to maintain scheduling signs and traffic control related appurtenances. goals.Art achieves project targets by ensuring Mike demonstrates communication and time- his crews understand their responsibilities and management skills,the ability to both work operate efficiently.Art leads by example and with on a team and serve as a leader, problem- vast knowledge of every piece of equipment,trains solving capabilities and extensive knowledge of crews how to do it right the first time. construction project administration. SWP Contracting& Paving Page 9 .. c aF __ .. •'1• t . Mir' i?.." -y' - ,y e. r � ce` PICTURED:TONTO NATIONAL FOREST CHOLLA BOAT RAM[ SWP JOC `, SERVICE CAPABILITIES • Preconstruction Services leamil In-House Resources isses Dedicated JOC Team mating department includes a wealth SWP JOC Team is currently managing 15 master r , of resources with seasoned estimators,take-off JOC programs for federal and municipal clients. technicians and administrative staff. Concrete and Curbing ,-laZ men=b yajug Epagering/Cgnstryctqbiljti Concrete crews for forming, ,__ I..-- TT�e team as resources that include: cost compaction and finishing curbing 1 estimating(cost model application, conceptual, crews and 2 machines for parking '-- wF rough order of magnitude),value engineering/ lots,valley gutters,small curb and "I) constructability reviews, earthwork analysis, gutter and extruded curb. permitting and plan review, phasing and sequencing, scheduling and 3D visualization . capabilities. Maintenance Crew .• Crack seal, chip seal,seal coat, - " slurry seal, fog seal - — 1� Deliveryin Different �- r= Envonments In-house striping capabilities with seasoned crew and 8 striping machines(paint and ampfe resources(local office, local employees, thermoplastic). 3 tiit "' ) equipment and support departments)SWP can Storm Water Prevention Pollution Plans respond immediately to emergencies. Storm water plans, site plans, BMPs(manufacture - Bio-Wattle(c), installation and construction), With a depth and breadth of services offered,SWP maintenance and inspections. will schedule repairs at the convenience of the city. Maintenance, Traffic Control V fi , Willworkwith maintenance department to Complete •traffic control services ;III 1 ', schedule reoccurring activities to upkeep City- including ATSSA certified 'R'( owned facilities. technicians and supervisors, • pit, company-owned construction iep el x as"signments are given,SWP's signage, message boards,traffic control devices , estimating department has resources to and temporary signals. analyze and make suggestions for value,ease of .. construction and schedule considerations. Survey iiiiii Field F t/ copingSessigns Construction staking and layout, Formal plans are not always necessary.A field visit company owned Trimble/Topcon •-' to scope the services needed. GPS equipment and machine ,./ Shelved Plans youguidance control. to quickly update bget and schedule. projects equipment Transport Our transport team includes DOT drivers,escorts ` Conceptual and tractor and lowboy.This in-house capability Our visualization capabilities can bring your means faster response times for mobilization at a conceptual(drink napkin)to fruition and can lower cost to clients. course correct in the visual world. SWP Contracting & Paving Page 10 TOWN OF FOUNTAIN HILLS General Construction Services APPENDIX A ATTACHMENT 1 . VENDOR INFORMATION FORM j µ,) n,5 ii SWP Contracting& Paving Page 11 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. Stormwater Plans, LLC dba SWP Contracting& Paving 20-2882277 VENDOR SUBMITTING SOQ FEDERAL TAX ID NUMBER Shauvick"Bobby" Lall, PE,General Manager PRINTED NAME AND TITLE AUTHORIZED SIGNATURE 1/4 "$ 5624 N. 54th Ave. 623.544.7305 623.544.5261 ADDRESS TELEPHONE FAX# Glendale, Arizona 85301 1/3/2019 CITY STATE ZIP DATE WEB SITE: www.swpcontracting•com E-MAIL ADDRESS: bobbyl@swpcontracting.com ROC License Numbers and Classifications: AZ ROC 278458 vI SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES(check appropriate item(s): X Small Business Enterprise(SBE) Minority Business Enterprise(MBE) Disadvantaged Business Enterprise(DBE) Women-Owned Business Enterprise(WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? If yes,please provide details and documentation of the certification. 9451643 iv TOWN OF FOUNTAIN HILLS General Construction Services APPENDIX B RESUMES * P SWP Contracting& Paving Page 12 TOWN OF FOUNTAIN HILLS General Construction Services ( kFc f rt ^ BOBBY LALL,PE 1 MARK KRUMM �,pp._r-knra p PP CC ila;C-.O• r.^ANIA(F R F " r!ANPCEk MIKE TAYLOR Y+ 11111111=111-Jr ANTHONY HEIM " VNFJJ[:rV A,dnER l I i „jr, 1 rrt _ RUSSELL MOORE,PE ART CORDOVA SHAY MOORE s ? ' .uN f RA,❑EASNASST SUP:<v Eh.sri' at. ir,: rt -k KEY I TRAVII *.- MIKE GROAK CARTWRIGNT 4` 5TEVE HAWS IIs,+E =SWP i vt. . r.-P Hwrr C i r oiS P!JfCC, ('y C04CaE F COOP. .., Oil S SUPE R r.1 L'-iCLr.- 'V ,l1F NL r.TL'JI];rJ' .=Horrocks Engineers ,J .=Potential Subcontractor 1_r1C•.r, i?_NCy Personnel it P .® ■® ) TEAM PROFILES ` 42747- Professional Engineer,AZ Bobby will serve as the Project Director, he has executive-level authority to provide project ^) oversight and ensure the CMAR team is equipped 1.) ISO 9001 -Lead Auditor with all necessary resources.He has demonstrated Certification-RABQSA outstanding performance in project oversight Erosion and Sediment Control roles;his oversight results in projects that complete 1. CPESC certificate#2831 on time, within budget and exceed customer i 1 ' expectation. "N Certified Erosion,Sediment,and BOBBY LALLL PE Storm Water Inspector CESSWI Bobby is an experienced project manager with • Project Director certificate#1033 18 years of progressive construction experience. Years of Experience 18 He has been responsible for every aspect of Years with SWP 13 ATTSA Traffic Control Technician construction related to transportation projects, including constructibility reviews,fee negotiations, Education AGC 16-hr Erosion Control evaluation of value engineering opportunities, MBA,University of Coordinator partnering, design, management, change orders, Phoenix project coordination, scheduling, quality control BS,Civil Engineering, and assurance and office and staff management. Walla Walla University SWP Contracting& Paving Page 13 TOWN OF FOUNTAIN HILLS General Construction Services Experience Taxiway Reconstruction CMAR `' 111QPeoria Park and Ride CMAR Tucson Airport Authority-$2M Valley Metro Rail-$1.2M Role: Project Engineer Role:Estimator Milling,paving and electrical it �►ooT New 81 space parking lot with improvements to various taxiways. �:.- ADOT ng A connection to transit facility.ty t of N See ( Partnering A Recipient page 3 for full project description. Reconstruct Runway 3/21 CMAR i`' Tucson Airport Authority-$6.5M 161st Pavement Preservation and Role: Project Engineer ANTHONY HEIM Curb Renovation Task Order Milling,crack sealing and paving USACE/Air National Guard including drainage,electric,striping, Project Manager Role:Project Manager and runway grooving. ` Years of Experience 11 Crack seal,fog seal,and re-stripe for Years with SWP 2 roads and parking lots and repair Columbus Wash CMAR basewide curbing. City of Tucson,AZ-$8.5M 0, Education Role:Project Engineer `) BS Civil Engineering, Drivers Training Track Paving f g g g Replacement Roadway reconstruction and storm ) University of Arizona City of Tucson-$2.8M drain improvements with pre-cast Certifications Role: Project Manager box culverts. Reconstruction of a training OSHA 10-Hour lot for the City's police and fire Modern Streetcar CMAR Confined Space departments. Includes demolition City of Tucson,AZ-$6M CPR&First Aid of curb and gutter,milling, paving, Role: Project Engineer Comprehensive Dust Control subgrade,striping and signing,and New rail line including wet and dry Erosion Control Coordinator new concrete curb. ATSSATraffic Control Supervisor utilities,embedded rail,concrete structures,flatwork,paving, electrical,overhead catenary. d D Experience Peoria Park and Ride CMAR Central Mesa Light Rail Transit #" Valley Metro Rail $1.2M Extension Design-Build ,, Role: Project Manager/Designer Valley Metro Rail ' Role:Responsible for constructability i New 81 space parking lot with and quality control reviews of connection to transit facility.See site civil,urban city street,and 1 page 3 for full project description. underground utilities design and 1# " specifications for this$1 1 1 million • - Stockyards Parking Relocation and design-build construction project in RUSSELL MOORE, PE Drainage Improvements CMAR downtown Mesa,Arizona. Preconstruction Manager Valley Metro Rail Years of Ex erience 36 g Role:Project Manager/Designer Sumitomo Rubber Huntsville p Relocated 17 parking spaces Proving Ground Years with SWP 2 Sumitomo Rubber USA,$2M including ADA compliance,pervious c signage,curb and gutter.SWP concrete,drainage structures, Role:Project and Construction Education Manager for the final design and MBA,University of Phoenix construction oversight of the incorporated a low-height perimeter milling and overlay of 25,000sy of BS Civil Engineering, retaining wall south of the proposed asphalt paving and the removal and University of Alaska parking area location to capture and replacement of a water spreading store required onsite runoff within system at this wet weather testing an unimproved area of the site. facility. • License Professional Engineer, Arizona,24421 SWP Contracting& Paving Page 14 • TOWN OF FOUNTAIN HILLS General Construction Services M1F Experience ;` Salt River Recreation Area Visitor Manhattan Main St.Design-Build Parking Lot Repair Program FHWA-$2.5M Tonto National Forest-Si M Role:Superintendent Role:Superintendent 1-mile road reconstruction,major f N 3 road and 6 parking lot upgrades- project activities included grading, see page 5 for a full description. aggregate base course,asphaltic concrete(warm mix),erosion and Katherine Landing Access Road and sedimentation control,signing and Parking Lots striping. ART CORDOVA FHWA-$11M Superintendent Role:Superintendent SR Loop 303, US60-Happy Valley Years of Experience 45 Marina entrance road and Parkway Design-Build Years with SWP 5 construction of 12 parking lots.See ADOT-$300k page 4 for a full description. Role:Design and constructibility review,QC/QM plan,oversight of Certifications Pinal County Pavement PCCP placement and inspection. AGC Supervisor Training Preservation)OC Miscellaneous construction and Arizona Proving Grounds Basin Maricopa Tech College,AZ- repair services including chip,crack, Maintenance Operating Engineers slurry,micro and fog seal. Ford Motor Company-$309k , Change Orders&Contract Role:Supervisor Role:Superintendent Negotiations •• Reddington Road Chip Sea$319k Scarify basin bottoms and backfill Sunland Gin Road/Aries Drive rills,shoulders pulled adjacent to Dust Management Chip Seal-$365k pavement areas,co-polymer soil Certified Hazardous Materials • Ralston Road Fog Seal-$23k binder was developed specifically for Cost Estimate&Bid Proposal • San Tan Community Roads Fog the project in an effort to minimize Development Seal-$44K on-going maintenance efforts. • Investigate Damage,Accidents& J Delays ,,. rip cill" `' ✓ SU • B i SHAY MORE TRAVIS CARTWRIGHT 111+ Project Engineer Paving Superintendent a� ,. Years of Experience 2 Years of Experience 15 _THIN '- • Years with SWP 2 Years with SWP 1 SAFE WORK PRACTICES Travis brings over 15 years of A Culture of Safety CY experience throughout a variety y MA,Arizona State University of fields within the civil roadway Our industry-leading EMOD BS,Civil Engineering,Arizona State construction industry. He gained safety rating of.73(industry w University valuable experience in all aspects of average is 1.0)is a testament Shayplays integralpart in construction as he rose through the to the value we plate on the P Y an g ranks from a flagger to traffic control ensuring his assigned project stays foreman,to superintendent.His well-being of our employees, on track.He generates schedules vast experience offers the benefits those who work with us,and the 1 and budgets for construction of strong working relationships communities in which we work activity,helps maintain proper with subcontractors and suppliers scope,and he is adept at project throughout the area. and live. j engineer and cost analysis. SWP Contracting& Paving Page 15 4. k EXHIBIT B TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND STORMWATER PLANS, LLC, DBA SWP CONTRACTING & PAVING [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 STORMWATER PLANS, LLC, DBA SWP CONTRACTING&PAVING [Sample Job Order] ,`c�.Al N. F `/af b A"s TOWN OF FOUNTAIN HILLS, ARIZONA Community Services Department JOB ORDER Job Order No. Contract No. Project No. THIS JOB ORDER is made and entered into on the day of , 20 , by and between Town of Fountain Hills,an Arizona municipal corporation("Town")and the"Contractor"designated below. This Job Order is entered in to pursuant to and incorporates herein the terms and provisions of the Job Order Master Contract No. , dated , 20_, between Town and Contractor ("Master Contract"). Upon full execution of this Job Order,the Job Order,together with the Master Contract(including all of the Contract Documents as defined therein),shall be the Contract between the Parties for the construction work specified herein ("Work"). Town and Contractor agree as follows: TOWN: Town Project Manager: Telephone: Fax: E-mail: CONTRACTOR: (Name) (Address) Arizona ROC No.: Federal Tax ID No.: Contractor Representative: Telephone: Fax: E-mail: DESIGN PROFESSIONAL: (Name) (Address} Design Professional Representative: Telephone: Fax: E-mail: PROJECT DESCRIPTION: PROJECT SITE ADDRESS/LOCATION: SCOPE OF WORK AND PROJECT SCHEDULE/DURATION: Attached Exhibit A (Including any Preconstruction and/or Design Services under Article 17) CONTRACT PRICE FOR WORK: The Fixed Price of$ ; or Guaranteed Maximum Price/GMP(Open Book)of$ LIQUIDATED DAMAGES(IF ANY): [PM to Check any that apply] Substantial Completion Amount$ /day Final Completion Amount$ /day Pursuant to MAG§ 108.9 CONTRACTOR'S MARK-UP AND PROJECT SCHEDULE OF VALUES Attached Exhibit B UNIQUE INSURANCE AND/OR BOND REQUIREMENTS(IF ANY): Attached Exhibit C UNIQUE PROJECT SPECIFIC CONDITIONS(IF ANY): Attached Exhibit D LIST OF PROJECT PLANS AND SPECIFICATIONS(IF ANY): Attached Exhibit E IN WITNESS WHEREOF, the parties hereto have executed this Job Order through their duly authorized representatives and bind their respective entities as of the effective date. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Signature Name Title ATTEST: Signature Name Title "CONTRACTOR" jNameJ Signature Name Title EXHIBIT A—SCOPE OF WORK AND PROJECT SCHEDULE/DURATION 1. Scope of Work: 2. Schedule: EXHIBIT B—CONTRACTOR'S MARK-UP COEFFICIENTS AND PROJECT SCHEDULE OF VALUES {To be provided by Contractor for each Job Order in the following form) Self-Performed work(including any direct purchases or other miscellaneous costs to the JOC)— Ma rk-up Direct Cost of the Individual Pro'ect(Delivery Order)Value $0-$49,999 $50,000- $100,000- $200,000- $500,000- $1.000,000+ $99,999 $199,999 $499,999 $999,999 Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> Subcontracted Work—Mark-up Direct Cost of the Individual Pro'ect(Delivery Order)Value $0-$49,999 $50,000- $100,000- $200,000- $500,000- $1,000,000+ $99,999 $199,999 $499,999 $999,999 Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> [continued on next page] Project Schedule of Values (Sample) 1 GENERAL CONDITIONS SUB-CONTRACTOR OR SUPPLIER PROJECT MANAGER hours per week $0.00 FIELD SUPERVISION hours per week $0.00 TEMPORARY FACILITIES(attach a list of specific cost breakdown) $0.00 SITE SAFETY $0.00 EQUIPMENT RENTAL(attach a list of specific cost 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 $0.00 OTHER MISC COSTS ALLOWANCES OR CONTINGENCY AMOUNTS $0.00 (PROVIDE LIST) GRAND TOTAL $0.00 EXHIBIT C—UNIQUE INSURANCE AND/OR BOND REQUIREMENTS(IF ANY) {Provide any additional insurance requirements beyond the Standard Insurance Requirements, and/or bond requirements for the Project once approved by to confirm adequate insurance and bond coverages for this Project) EXHIBIT D—PROJECT SPECIFIC CONDITIONS (To be completed by PM from the specific Project requirements and specifications} EXHIBIT E—LIST OF PROJECT PLANS AND SPECIFICATIONS (IF ANY): {To be completed by PM if applicable) ACOREI DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Penny Lynch NAME: Marsh&McLennan Agency,LLC PHONE (907)276-5617 FAX (907) 6 27 - 6292 (A/C,No,Ext): (A/C,No): 1031 West 4th Ave.,Suite 400 E-MAIL penn .Inch marshmc.com ADDRESS: y y INSURER(S)AFFORDING COVERAGE NAIC# Anchorage AK 99501 INSURER A: Evanston Insurance Co. INSURED INSURER B: Liberty Insurance Corporation Stormwater Plans,LLC dba SWP Contracting&Paving INSURER C: Liberty Mutual Fire Insurance Co. dba Maricopa Curb&Striping Dust Technologies INSURER D: 2700 Gambell St.Ste 401 Anchorage,AK 99503 INSURER E: Alt Address:5624 N 54th Ave. Glendale AZ 85301 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 G/A/W/PL/CPL/XS REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW1IAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR IN SD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 X Contractors Pollution Liability MED EXP(Any one person) $ 25,000 A X Professional Liability Y Y MKLV5ENV101274 11/01/2018 11/01/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,OOQ000 POLICY X PRO X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Poll&Professional Liab $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y AS7-Z91-464891-028 11/01/2018 11/01/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accident) Uninsured/Underinsured $ 1,000,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE ' $ 2,000,000 A X EXCESS LIAR CLAIMS-MADE Y Y MKLV5EUL101311 11/01/2018 11/01/2019 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBEREXCLUDED? N N/A Y WC2-Z91-464891-018 11/01/2018 11/01/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:RFQ#2019-006C3,Construction Services;Where required by written contract,Certificate Holder,its agents,represenatives,officers,directors and employees are Additional Insured's on the General Liability and Auto Liability policies,subject to the terms,conditions and limitations of said policies and the additional insured endorsement.General Liability and Auto coverages are Primary&Non-Contributory. Waiver of Subrogation applies to all policies where required by written contract,subject to the terms,conditions and limitations of said policies and the waiver of subrogation endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town of Fountain Hills ACCORDANCE WITH THE POLICY PROVISIONS. 16705 East Avenue, AUTHORIZED REPRESENTATIVE of the Fountains Fountain Hills AZ 85268 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS This is evidence of insurance procured and developed under the Alaska Surplus Lines Law, AS 21.34.110 It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80. This Insurance was placed through the following Surplus Lines Broker: Worldwide Facilities. Applies to Company "A" ONLY. RFQ2019-006C3 OFREMARK COPYRIGHT 2000, AMS SERVICES INC. RFQ2019-006C3 725 S. Figueroa Street, 19th Floor, Los Angeles, CA 90017 (41 Worldwide office (213)236-4500 I fax(213)244-9655 Facilities; LLC Experience aWrbrfd of Difference 10/30/2018 CONFIRMATION OF COVERAGE #5900457-01 INSURED: Natives of Kodiak Inc AGENT: Marsh&McLennan Agency LLC 1031 West Fourth Avenue, Suite 400 2700 Gambell St, Suite 401 Anchorage,AK 99501 Anchorage, AK 99503 Confirmation of Coverage is effective for 90 days from the effective date unless cancelled or replaced by the Policy. Policy is Effective from 11/01/2018 to 11/01/2019. This is to certify that, in accordance with your instructions, we have procured insurance as hereinafter specified: CARRIER: Evanston Insurance Company POLICY NO: MKLV5ENV101274 Renewal of: 17PKGWE00828 Coverage: Commercial General Liability Occurrence (GL) Contractor s Pollution Liability Coverage Occurrence (CPL) Professional Liability Claims Made (E&O) Limits: General Liability Limits Shared General Aggregate Limit(Other Than Products/Completed Operations) $2,000,000 Products/Completed Operations Aggregate Limit$2,000,000 Personal And Advertising Injury Limit$1,000,000 Each Occurrence Limit$1,000,000 Damage To Premises Rented To You Limit$100,000 Medical Expense Limit$25,000 Contractors Pollution Liability Limits Coverage Form Aggregate Limit$2,000,000 Each Contractor's Pollution Condition Limit$1.000,000 Each Transportation Pollution Condition Limit$1,000,000 Each Non-Owned Disposal Site Pollution Condition Limit$1,000,000 Each Crisis Management And Emergency Response Limit Not Applicable Defense Expenses Aggregate Limit Not Applicable Each PL Condition: Coverage Form Aggregate Limit$2,000,000 Each Claim Limit$1,000,000 Coverage Form Aggregate Limit$2,000,000 S.I.R.: GL: Refer To IL 12 01 11 85 MANUSCRIPT FORM H CPL (Each Pollution Condition) $50,000 PL(Each Claim) $50,000 CA License#0414108 WW''-^-�I.COm 1 RFQ2019-006C3 725 S.Figueroa Street, 19th Floor, Los Angeles,CA 90017 Worldwide office (213)236-4500(fax(213)244-9655 ,......f Nor Facilities; LLC Experience a World of Dr/Terence Terms/ The following outlines our binder or the referenced account. Please read the proposed coverage Exclusions: terms carefully and advise if you would like a specimen. The policy will be issued on Evanston Insurance Company Paper(A.M. Best A XV rating). Natives of Kodiak, Inc. 2700 Gambell Street, Suite 401 Anchorage, AK 99503 Named Insured(s): Refer To Attached Schedule of Named Insureds POLICY PERIOD: 11/01/18 11/01/19 at 12:01 A.M. Standard Time at your mailing address shown above. Policy Term: 12 Months Retroactive Date: GL: N/A-Occurrence Coverage CPL: N/A-Occurrence Coverage E&O: Refer To MEEI 2546 11 17 TRIA Coverage Rejected GL Premises: 2700 Gambell Street, Suite 401, Anchorage, AK 99503 Common Forms & Endorsements: (Applicable to all coverage parts) MJIL 1000 0810 Policy Jacket MDEI 2014 11 17 Environmental Package Policy Declarations MDIL 1001 0811 Schedule of Forms MDIL 1005 0814 Schedule of Named Insureds (Refer To Attached Schedule of Named Insureds) MEEI 0017 11 17 Common Policy Conditions MEEI 2215-A 11 17 Amended Cancellation Or Nonrenewal—Alaska Native Corporation -Cancellation For Non-Payment Of Premium: 20 Days Advance Notice -Cancellation For Any Other Reason: 90 Days Advance Notice -Nonrenewal: 90 Days Advance Notice MEEI 2219 11 17 Audit Rate MEEI 2220 11 17 Notice Of Cancellation To Scheduled Person Or Organization -Person Or Organization: Washington River Protection Solutions, LLC -Address: P.O. Box 850, Richland, WA 99352 -Number Of Days Of Advance Notice: 30 MEEI 2220 11 17 Notice Of Cancellation To Scheduled Person Or Organization -Person Or Organization: Naval Facilities Engineering Command (NAVFAC) Mid-Atlantic Public Works Department(PWD)—New London -Address: Box 26, Bldg. 135, Naval Submarine Base New London, Groton, CT 06349-5026 -Number Of Days Of Advance Notice: 30 MEET 2220-A 11 17 Notice Of Cancellation When Required By Written Contract—Alaska Native Corporation CA License#0414108 vYW,"v,fl,Com 2 RFQ20 19-006C3 Natives of Kodiak, Inc. Schedule Of Named Insureds (2018— 2019) First Named Insured: Natives of Kodiak, Inc. Additional Named Insureds: Dust Technologies Int., LLC Environmental Assessment Services, LLC dba: EAS KOMAN Construction, LLC KOMAN Diversified Services, LLC KOMAN Government Solutions, LLC KOMAN Holdings, LLC KOMAN Integrated Solutions, LLC KOMAN,Inc. Maricopa Curb& Striping,Inc. Natives of Kodiak Shareholder Permanent Fund Trust Stormwater Plans, LLC dba: SWP Contracting& Paving VXM, Inc. Joint Ventures: EAFES, LLC EAS E&E JV, LLC EAS Steil JV, LLC H&S/Zapata JV, LLC KDJV, LLC KGS-Bay West 8(a)JV, LLC KGSNE JV,LLC KHJV, LLC Inactive Joint Ventures: H&S/Nobis Environmental JV, LLC (inactive) Inactive and Dissolved Named Insureds: H&S Environmental,Inc. (dissolved) KOMAN Engineers and Construction, LLC (inactive) KOMAN Tactical Innovations, LLC (inactive) KOMAN Technical Services, LLC (inactive) KUPOL, LLC (inactive) 13 RFQ2019-006C3 POLICY NUMBER: MKLV5ENV101274 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person(s) or organization(s)to whom the insured is Various required by written contract to provide additional insured status Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" pp y ry "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 0 CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 RFQ2019-006C3 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 0413 RFQ2019-006C3 POLICY NUMBER: MKLV5ENV101274 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person(s)or organization(s)to whom the insured is Various required by written contract to provide additional insured status Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 RFQ2019-006C3 POLICY NUMBER: MKLV5ENV101274 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All Locations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits"brought; or obligated to pay as damages caused by "occur- c. Persons or organizations making claims or rences" under Section I—Coverage A, and for all bringing "suits". medical expenses caused by accidents under g g Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "loca- damages or under Coverage C for medical tion"shown in the Schedule above: expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- 1. A separate Designated Location General nated "location". Such payments shall not re- Aggregate Limit applies to each designated duce the General Aggregate Limit shown in "location", and that limit is equal to the the Declarations nor shall they reduce any amount of the General Aggregate Limit other Designated Location General Aggre- shown in the Declarations. gate Limit for any other designated "location" 2. The Designated Location General Aggregate shown in the Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damag- Occurrence, Damage To Premises Rented To es because of "bodily injury" or "property You and Medical Expense continue to apply. damage" included in the "products-completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 RFQ2019-006C3 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I —Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to operations at a single designated reduce the Products-completed Operations Ag- "location"shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen- damages or under Coverage C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi- under the General Aggregate Limit or the nitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit, whichever is applicable; and "Location" means premises involving the same or 2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 0 RFQ2019-006C3 POLICY NUMBER: MKLV5ENV101274 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All ongoing projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical ex- rences" under Section I —Coverage A, and for all penses shall reduce the Designated Construc- medical expenses caused by accidents under tion Project General Aggregate Limit for that Section I — Coverage C, which can be attributed designated construction project. Such pay- only to ongoing operations at a single designated ments shall not reduce the General Aggregate construction project shown in the Schedule above: Limit shown in the Declarations nor shall they 1. A separate Designated Construction Project reduce any other Designated Construction General Aggregate Limit applies to each des- Project General Aggregate Limit for any other ignated construction project, and that limit is designated construction project shown in the equal to the amount of the General Aggregate Schedule above. Limit shown in the Declarations. 4. The limits shown in the Declarations for Each 2. The Designated Construction Project General Occurrence, Damage To Premises Rented To Aggregate Limit is the most we will pay for the You and Medical Expense continue to apply. sum of all damages under Coverage A,except However, instead of being subject to the Gen damages because of "bodily injury" or "prop- eral Aggregate Limit shown in the Declara- erty damage" included in the "products-corn- tions, such limits will be subject to the applica pleted operations hazard", and for medical ex ble Designated Construction Project General penses under Coverage C regardless of the Aggregate Limit. number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 RFQ2019-006C3 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the"prod- obligated to pay as damages caused by "occur- ucts-completed operations hazard" is provided, rences" under Section I—Coverage A, and for all any payments for damages because of"bodily in- medical expenses caused by accidents under jury" or "property damage" included in the "prod- Section I — Coverage C, which cannot be at- ucts-completed operations hazard"will reduce the tributed only to ongoing operations at a single des- Products-completed Operations Aggregate Limit, ignated construction project shown in the Sched- and not reduce the General Aggregate Limit nor ule above: the Designated Construction Project General Ag- 1. Any payments made under Coverage A for gregate Limit. damages or under Coverage C for medical ex- D. If the applicable designated construction project penses shall reduce the amount available un- has been abandoned, delayed,or abandoned and der the General Aggregate Limit or the Prod- then restarted,or if the authorized contracting par- ucts-completed Operations Aggregate Limit, ties deviate from plans, blueprints, designs, spec- whichever is applicable; and ifications or timetables, the project will still be 2. Such payments shall not reduce any Desig- to be the same construction project. nated Construction Project General Aggregate E. The provisions of Section III—Limits Of Insurance Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 RFQ2019-006C3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number B POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE MKLV5ENV101274 11/01/2018 EVANSTON INSURANCE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE 210787 NATIVES OF KODIAK, INC. Worldwide Facilities, LLC 725 S. Figueroa Street, 19th Floor Los Angeles, CA 90017 COVERAGE PARTS AFFECTED: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM CHANGES AUTOMATIC PRIMARY AND NON-CONTRIBUTORY INSURANCE - ALASKA NATIVE CORPORATION SCHEDULE Person Or Organization: Any person or organization to whom the insured is required by written contract to provide Primary and Non-Contributory status under this insurance. The following is added to the Other Insurance CONDITION of the Coverage Form(s) indicated above: Primary And Non-Contributory This insurance is primary to, and will not seek contribution from, any other insurance available to the Person Or Organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. KEVIN OH, SENIOR DIRECTOR MARKEL WEST INSURANCE SERVICES COUNTERSIGNATURE IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 RFQ2019-006C3 ENVIRONMENTAL 111111 MARKEL' EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WRITTEN CONTRACT LIMITATION) - ALASKA NATIVE CORPORATION This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE FORM Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section V — Conditions is replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, we waive our rights of recovery against any person(s) or organization(s) to whom the insured agrees in a written contract signed by both parties to provide a waiver of transfer of rights of recovery with respect to"claims" that result from the rendering of or failure to render "professional services" under such contract(s). This waiver will not apply for losses resulting from the sole negligence of such person(s) or organization(s)described herein. All other terms and conditions remain unchanged. MEEI 2524-A 11 17 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. RFQ2019-006C3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number C POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE MKLV5ENV101274 11/01/2018 EVANSTON INSURANCE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE 210787 NATIVES OF KODIAK, INC. Worldwide Facilities, LLC 725 S. Figueroa Street, 19th Floor Los Angeles, CA 90017 COVERAGE PARTS AFFECTED: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM CHANGES BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WRITTEN CONTRACT LIMITATION) -ALASKA NATIVE CORPORATION Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. The following is added to the Transfer Of Rights Of Recovery Against Others To Us CONDITION of the Coverage Form(s) indicated above: We waive our rights of recovery against any person(s)or organization(s)to whom the insured agrees in a written contract to provide a waiver of transfer of rights of recovery because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under such contract(s) and included in the "products- completed operations hazard" or the "completed operations" of "your work". This waiver will not apply to "occurrences" or "pollution conditions" resulting from the sole negligence of such person(s) or organization(s) described herein. All other terms and conditions remain unchanged. KEVIN OH,SENIOR DIRECTOR MARKEL WEST INSURANCE SERVICES COUNTERSIGNATURE IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 0 Copyright, ISO Commercial Risk Services, Inc., 1983 RFQ2019-006C3 BUSINESS AUTO DECLARATIONS s'V`k• Liberty V' Mutual® INSURANCE Issued by Liberty Insurance Corp. Policy Number AS7-Z91-464891-028 Issuing Office 069S Issue Date 11/13/2018 Account Number 9-464891 RECEIVED ITEM ONE- Named Insured and Mailing Address Natives of Kodiak Inc NOV 1 9 2018 2700 Gambell St Ste 401 Anchorage, AK 99503 Marsh & McLennan Agency Anchorage, AK Form of Business of the Business:Corporation named insured is: Management Services Policy Period: The policy period is from 11/01/2018 to 11/01/2019 12:01 A.M. standard time at the Insured's mailing address. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. ITEM TWO—Schedule of Coverages and Covered Autos - Refer to Pages 2 and 3 SCHEDULE The declarations are completed on the following pages and on the accompanying "Declarations Extension Schedule( Schedule Premium T n Endorsement Premium Total Estimated Premium Other Charge(s) _ Policywriting Minimum Premium $500 Premium will be billed Forms Applicable: See Attached Inventory Producer 0073-004400 MARSH &MCLENNAN AGENCY LLC PO BOX 107502 ANCHORAGE, AK 995107502 AC 00 03 02 13 ©2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. RFQ2019-006C3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. 1. The term Named Insured includes, in addition to the person or organization named in Item 1 of the declarations (hereafter First Named Insured), any person or organization listed in the schedule of this endorsement, but only while the First Named Insured owns an interest therein of more than 50% (fifty percent).No person or organization is a Named Insured with respect to"loss"that occurred prior to the First Named Insured's ownership interest of more than 50% (fifty percent). 2. No person or organization which becomes a Named Insured by virtue of this endorsement is an insured with respect to any partnership,joint venture or limited liability company in which it has an interest, unless such partnership,joint venture or limited liability company is specifically named in the schedule. 3. The First Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. Schedule Named Insureds: Natives of Kodiak Inc EAFES,LLC EAS E&E JV,LLC EAS Steil JV, LLC Environmental Assessment Services, LLC dba EAS H&S Environmental, Inc H&S/Nobis Environmental JV, LLC H&S/Zapata JV,LLC KGS-Bay West 8a JV, LLC KGSNE JV, LLC KOMAN Construction, LLC KOMAN Diviersitied Services, LLC KOMAN Engineers and Construction,LLC KOMAN Government Solutions KOMAN Holdings,LLC KOMAN Integrated Solutions, LLC KOMAN Tactical Innovations, LLC KOMAN Technical Services,LLC AC 84 13 01 11 Copyright 2010,Liberty Mutual Group of Companies. All rights reserved. Page 1 of 2 RFQ2019-006C3 KOMAN, Inc KUPOL,LLC Maricopa Curb&Striping Dust Technologies Natives of Kodiak Shareholder Permanent Fund Trust Stormwater Plans, LLC SWP Contracting&Paving VXM, Inc KDJV,LLC Policy No: AS7-Z91-464891-028 Issued By: Liberty Insurance Corp. Effective Date: 11/01/2018 Expiration Date: 11/01/2019 Sales Office: 069S AC 8413 01 11 Copyright 2010, Liberty Mutual Group of Companies. All rights reserved. Page 2 of 2 RFQ2019-006C3 Policy Number AS7-Z91-464891-028 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations II. Employees as Insureds III. Lessor-Additional Insured and Loss Payee IV. Supplementary Payments - Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII. Additional Transportation Expense and Cost to Recover Stolen Auto VIII. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Physical Damage Deductible-Single Deductible XI. Physical Damage Deductible -Glass XII. Physical Damage Deductible -Vehicle Tracking System XIII. Duties in Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV. Worldwide Liability Coverage- Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage-Broadened Coverage for Designated Individuals XIX. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXIII. Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier: and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 07 11 17 ©2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. RFQ2019-006C3 e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of$1,500 for each covered "auto". XXII.LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY- NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES, FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7. of SECTION IV- BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or"loss" occurs within 25 miles of the United States border: and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV- BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any"insured" who is not a resident of the United States. XXIII.WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV- BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of"accident", to waive rights of recovery against such person or organization. AC 84 07 11 17 ©2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. RFQ2019-006C3 Schedule Premium Liability INCL Physical Damage INCL Total Premium INCL XVII. Drive Other Car LIAB MP UM UIM COMP COLL Name of Individual N/A XX. Notice of Cancellation or Nonrenewal Name and Address Number of Days 30 AC 84 07 11 17 C 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. RFQ2019-006C3 Endorsement number 1 for policy number AS7-Z91-464891-028 Named Insured Natives of Kodiak Inc This endorsement is effective 11/01/2018 and will terminate with the policy. It is issued by the company designated in the Declaration. All other provisions of the policy remain unchanged. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Change Endorsement PREMIUM ADJUSTMENT The following form(s) and/or endorsement(s) are added with the effective date of 11/01/2018: CA 20 48 10 13, Designated Insured For Covered Autos Liability Coverage Issued:Liberty Insurance Corp. IC9999 10-11 RFQ2019-006C'3 Policy Number AS7-Z91-464891-028 FORMS INVENTORY COVERAGE FORMS PARTS AND ENDORSEMENTS FORMING A PART OF THIS POLICY AT INCEPTION: Listed below are possible coverage forms and the states in which they apply. CA 00 01 03 10 VA CA 00 01 10 13 AK, AL, AR, AZ, CA, CO, CT, DC, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VI, VT, WA, WI, WV, WY le to Form Number Form Description App Coveraaggee Form IC9999 10-11 Change Endorsement ACS 00 26 04 13 Forms Inventory CA 20 48 10 13 Designated Insured For Covered Autos Liability Coverage ACS 00 26 04 13 ©2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 RFQ2019-006C3 POLICY NUMBER:AS7-Z91-464891-028 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization where the named insured has agreed by written contract to include such person or organization as a designated insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of } Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 RFQ2019-006C3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY V; Liberty Mutual. INSURANCE INFORMATION PAGE 175 Berkeley Street Boston,MA 02116 Issued byLiberty Mutual Fire Insurance Company(a stock company) 16586 Policy Number WC2-Z91-464891-018 Issuing Office Seattle, WA-Corporate Renewal Of WC2-Z91-464891-017 Issue Date 11/12/2018 Account Number 9-464891 Sub Account 0000 1. Insured and Mailing Address FEIN 92-0047862 Natives of Kodiak Inc 2700 Gam bell St Ste 401 ANCHORAGE AK 99503 Risk ID 913174844 Status Corporation Other workplaces not shown above:See Item 4. Premium- Extension of Information Page 2. Policy Period: The policy period is from 11/01/2018 to 11/01/2019 12:01 A.M. standard time at the Insured's mailing address. 3. Coverage A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: AK AZ AR CA CT DE ID IN LA MA MS MT NM NY NC OR PA TN TX UT VT WV B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 1,000,000 each accident Bodily Injury by Disease $ 1,000,000 policy limit Bodily Injury by Disease $ 1,000,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All States except those listed in Item 3.A and the States of: ND OH WA WY D. This policy includes these endorsements and schedules:See Item 3. Coverage D-Extension of Information Page 4. Premium: The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Classifications Code Premium Basis Total Rate per$100 Estimated Annual Number Estimated Annual Remuneration of Remuneration Premium See Extension of Information Page Minimum Premium $1,250 (AZ) Total Estimated Annual Premium $ Premium will be billed Monthly Deposit Premium $ Deposit Tax/Surcharge/Assessment $ Producer 0073 004400 Countersigned by Authorized Rep. (MS) MARSH &MCLENNAN AGENCY LLC PO BOX 107502 ANCHORAGE AK 995107502 WC 00 00 01 A 01987 National Council on Compensation Insurance,Inc. WC 00 00 01 B (CA) Ed.07/01/2011 All Rights Reserved Page 1 of 1 RFQ20 1 9-006C3 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in AK Schedule Where required by contract or written agreement prior to loss and allowed by law. In the states of CT and OR the premium charge is 1% of the total manual premium, subject to a minimum premium of$250 per policy. In the states of AZ, AR, DE, ID, IN, MS,MT, NM, NC, PA, VT and WV the premium charge is 2% of the total manual premium, subject to a minimum premium of$100 per policy. In the state of LA, the premium charge is 2% of the total standard premium, subject to a minimum premium of$250 per policy. In the state of MA, the premium charge is 1% of the total manual premium. In the states of NY and TN, the premium charge is 2% of the total manual premium, subject to a minimum premium of$250 per policy. Issued by Liberty Mutual Fire Insurance Company16586 For attachment to Policy No.WC2-Z91-464891-018 Effective Date Premium$ Issued to Natives of Kodiak Inc WC 00 03 13 Ed.04/01/1984 C 1983 National Council on Compensation Insurance. Page 1 of 1 RFQ20 1 9-006C3 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of$250 per policy Person or Organization Job Description Where required by contract or Any written agreement prior to loss and allowed by law Issued by Liberty Mutual Fire Insurance Company16586 For attachment to Policy No.WC2-Z91-464891-018 Effective Date Premium$ Issued to Natives of Kodiak Inc WC 04 03 06 Pagel of 1 Ed:04/1984 RFQ2019-006C3 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Issued by Liberty Mutual Fire Insurance Company16586 For attachment to Policy No.WC2-Z91-464891-018 Effective Date Premium$ Issued to Natives of Kodiak Inc WC 42 03 04 B C Copyright 2014 National Council on Compensation Insurance,Inc. Page 1 of 1 Ed.06/01/2014 All Rights Reserved. RFQ2019-006C3 UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule Where required by contract or written agreement prior to loss and allowed by law. In the state of UT the premium charge is 2% of the total manual premium subject to a minimum premium of$100 per policy. This endorsement is executed by theLiberty Mutual Fire Insurance Company16586 Premium $ Effective Date Expiration Date For attachment to Policy No.WC2-Z91-464891-018 WC 43 03 05 Page 1 Ed. 7/2000 ©2000 National Council on Compensation Insurance. I R.FQ20 t 9-006C3 NAMED INSURED ENDORSEMENT Item 1 of the Information Page includes the following firms or organizations as insureds. Insured Name FEIN No. Dept. of Labor No. Natives of Kodiak Inc 92-0047862 Koman Diversified Services, LLC 06-1710407 Koman Government Solutions, LLC 37-1759059 Koman Holdings, LLC 20-8971256 Koman, Inc. 91-3174844 Koman Integrated Solutions, LLC 32-0503811 WC 89 06 01 ©2010, Liberty Mutual Group of Companies. All Rights Reserved. WC 99 20 16 Ed.09/01/2010 Page 1 of 2 RFQ2019-006C3 Stormwater Plans LLC 20-2882277 KDJV LLC 38-4052858 Environmental Assessment Services 20-2109052 KHJV LLC 83-0668017 Issued by Liberty Mutual Fire Insurance Company16586 For attachment to Policy No.WC2-Z91-464891-01 8 Effective Date Premium$ Issued to Natives of Kodiak Inc WC 89 06 01 C 2010,Liberty Mutual Group of Companies. All Rights Reserved. WC 99 20 16 Ed.09/01/2010 Page 2 of 2