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HomeMy WebLinkAboutC2019-006S1 Contract No. 2019-006S 1 JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND T&T CONSTRUCTION, INC. THIS JOB ORDER MASTER AGREEMENT (this "Contract") is entered into as of March 19, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and T&T Construction, Inc., a(n)Arizona corporation (the "Contractor"). RECITALS A. The Town issued a Request for Qualifications,CS2019-006,Construction Services (the "RFQ"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking statements of qualifications from vendors for construction and related services. B. The Contractor submitted a Statement of Qualifications(the"SOQ")in response to the RFQ, attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Contractor for Construction Services (the "Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Contract. This Contract shall be effective as of the date first set forth above and shall remain in full force and effect for one year with up to four(one)year renewable options. 2. Job Order Master Contract Process. 2.1 Indefinite Delivery and Quantity. This Contract establishes an indefinite delivery, indefinite quantity, Job Order Contract for such Construction Services within the scope of this Contract as Town may request from time to time by issuance of an individual Job Order for each Project. Unless otherwise specified in a specific Job Order,Job Orders will generally include Design Services and where Design Services are necessary, Town will contract for those services separately. A separate Job Order will be issued for each Project describing the specific Work to be performed by the Contractor for that Project. There may be multiple Projects, and, therefore, multiple Job Orders, under this Contract. 2.2 Non-Exclusive Contract. Town shall have the right to perform work of the types included in this Contract itself or to have other Contractors perform such work. In addition, as to any Job Order, Town may elect to have Design Services provided by Town's internal 1 consultants or by independent Design Professionals. Such action by Town shall not constitute a breach or otherwise violate this Contract. 2.3 No Obligation for Town. This Contract does not obligate or require Town to offer any Job Order to Contractor and no Contract will exist for any specific Work until a Job Order for such Work has been fully executed by Town and Contractor. 2.4 Scope of Work Under This Contract. This Contract is for a broad range of maintenance, repair and minor construction work on real property. The scope of this Contract will be to provide construction services, including minor associated incidental design services, for a broad range of Town renovation and construction projects and will include a variety of trades as set forth on Exhibit B. 2.5 Contract Price for Each Job Order. The amount to be paid by Town for the Project under each Job Order is the Contract Price for the Job Order. The Contract Price includes the Contract Price for the Work. The Contract Price for any Job Order may be a Fixed Price or a Guaranteed Maximum Price (GMP), subject to the following: A. The cumulative sum of the Job Orders performed by Contractor during any twelve (12)month period shall not exceed $125,000.00. B. There is no limit on the number of Job Orders that Town may issue to Contractor during any twelve (12) month period of this Contract or during the entire period this Contract is in effect. C. Contractor may not refuse any Job Order under this Contract properly issued by Town,unless Contractor explains, in writing and to Town's satisfaction, that the scope of work under a specific Job Order is poorly defined or hazardous to health or safety. 2.6 Job Order Format. Each Job Order shall be in the form attached as Exhibit C hereto and shall not be effective or binding until fully executed by all parties. 2.7 Job Order Development. The general steps for development of a Job Order are: A. When Town identifies a need for performance of a Project under a Job Order,Town will issue a request to Contractor and also advise Contractor of the nature of the Work to be done. At the same time, Town will advise the Contractor if Design Services are required and how those services will be provided. Within two (2) working days of receipt of this notification, or such other time as set by Town, Contractor will: (i) Visit the proposed site of the Project with Town designated representatives; and (ii) Arrange with Town to further define the scope of the needed Project. 2 B. Contractor will thoroughly acquaint itself with all available information concerning the conditions of the Work under each Job Order and is responsible for correctly and fully estimating the difficulty of performing the Work, the actions required to perform the Work and the cost of successfully performing the Work under each Job Order. C. Town will arrange for any needed Design Services to produce the Drawings and Specifications, with a copy to Town and a copy to Contractor. Design Services will not begin until the scope of Design Services is approved by Town. The Drawings and Specifications developed as part of the Design Services are subject to approval by Town. If there are no Design Services required for a specific Job Order,Town will develop Drawings and Specifications consisting of a line drawing and a written description of the contemplated Work. D. Upon establishment of the scope of Work needed for a Project, Contractor will prepare its proposal for accomplishment of the Project under either a Fixed Price or a Guaranteed Maximum Price (GMP), as in a form and substance determined by Town. GMP (Open Book) pricing shall consist of direct job cost, project-specific general conditions, general and administrative cost, profit, Bond cost and sales tax will be added to Open Book pricing for total Job Order Cost. 2.8 Issuance of Job Orders. The Town Representative will compare the Contractor's Job Order Proposal with Town's estimate, schedules and other requirements, and then, if the Town Representative determines it is in the best interest of Town, arrange a meeting with Contractor, at which time the Contractor's Job Order Proposal will be discussed and negotiated. If the Town Representative determines that it is in the best interest of Town, Town shall then issue a completed Job Order, in the form attached as Exhibit C, to Contractor for execution. 3. Performance of the Work. 3.1 Specifications. The Maricopa Association of Governments, Uniform Standard Specifications for Public Works Construction, current edition ("MAG Specifications"), Maricopa Association of Governments, Standard Details for Public Works Construction, current edition ("MAG Details"), have been adopted by Town and shall apply to the Work, to the extent applicable. In addition, to the extent Town has adopted its own Town Specifications, and/or Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the "Town Specifications"), those Town Specifications shall apply to the Work when and where appropriate and the Contractor shall fully comply therewith. Any questions or concerns about the applicability of any specific MAG or Town Specifications to the Work shall be directed in writing to the Project Engineer. The MAG Specifications, MAG Details and Town Specifications are incorporated into the Contract. 3.2 Coordination. Contractor shall be responsible for coordinating the performance of the Work with the Project Engineer, Project Manager, Engineering Department and other departments or agencies within Town, the design professionals and other contractors involved in the Project. Contractor shall also cooperate with Town in communicating with, 3 obtaining necessary approvals or permits from, and responding to, any applicable government entity or regulatory agency, including participation in any hearings or meetings. 3.3. Inspection/Reporting. Before starting the Work, the Contractor shall carefully study and compare the various plans, drawings, other Contract Documents, and Specifications relative to that portion of the Work, as well as the information furnished by Town, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to Town in such form as Town may require. The Contractor shall be liable to Town for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions in the Contract Documents if the Contractor, with the exercise of reasonable care should have recognized such error, inconsistency,omission or difference and fails to report it to Town. The exactness of grades, elevations, dimensions, or locations given on any Drawings, or the work installed by other contractors, is not guaranteed by Town. The Contractor shall,therefore, satisfy itself as to the accuracy of all grades, elevations,dimensions and locations. In all cases of interconnection of its work with existing or other work, Contractor shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor's failure to so verify all such grades, elevations, locations or dimensions shall be promptly rectified by the Contractor without any increase in the Contract Price.Any design errors or omissions noted by the Contractor during this review shall be reported promptly to Town, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. 3.4. Extra Work/Changes in the Work/Approvals. Town reserves the right to make such changes in the plans and specifications for the Work, within the general scope thereof, as it may deem appropriate and any such change as set forth in a written Change Order or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein. A. Contractor shall not be entitled to payment for additional work unless a written Change Order or Extra Work Order, in form and content prescribed by Town,has been executed by Town prior to starting the additional work;on all such Change Orders and Extra Work Orders, Contractor shall specify the increased and/or decreased costs and whether it believes any extensions of time will be necessary to complete its Work as modified by the Change Order or Extra Work Order. In no event, however, will the Contractor be entitled to collect for overhead and profit for such changes more than the percentages of Contractor's actual and direct cost incurred in such change as set forth in the corresponding Change Order. If additional work is performed on the basis of an Extra Work Order, a corresponding Change Order shall be prepared, approved and processed by Town before payment can be made to Contractor. B. Upon request by Town, Contractor shall submit for Town's prior approval all samples,product data, shop drawings on all materials, systems and equipment to be incorporated into the Work. 4 C. The Project Manager shall be designated by the Town. All communications concerning performance of the Work or the Project shall be provided to the designated Project Manager, who has the authority to act on behalf of Town, as delineated and limited by the Contract Documents and applicable law. The Project Manager has no authority to bind Town or Town Council in contravention of any Town Code, State or Federal statute or regulation,or this Contract. Project communications may be exchanged by e-mail upon the written agreement of the Project Manager and Contractor, but e-mail communications are not binding upon Town and cannot change the terms of the Contract or the scope of Work or effectuate any change that requires a written change order. The use of e-mails is for information only,and e-mails will have no legal or binding effect. 3.5. Time/Float. Contractor shall strictly comply with the Project schedule approved in writing by Town(the"Contract Time"). The Contract Time shall start with the Notice to Proceed and end with final acceptance of the Work. Contractor shall commence performance of the Work and complete the Project through both substantial completion and final acceptance within the Contract Time, and failure to do so shall be a material breach of the Contract. A. Time is of the essence of the Contract,for the Project,for the Work, and for each phase and/or designated milestone thereof. B. No modification to the Contract Documents or the Contract Time shall be effective unless approved in writing, in advance, by Town. C. The total float time within the overall schedule is for the exclusive use of Town, but Town may approve Contractor's use of float as needed to meet contract milestones and the Project completion date. 4. Payments. Payments shall be made as follows: 4.1 Progress Payments. A. Progress billings will be processed monthly starting upon Project commencement. B. Contractor billings shall be submitted on Contractor's typical invoice form. C. A list of all suppliers (including name, contact information and phone numbers) to be used by Contractor must be received and approved by Town, prior to release of Contractor's monthly progress payment. Town's approval of Contractor's suppliers shall not release Contractor from any of its obligations under this Contract, including without limitation, Contractor's indemnification, and insurance obligations. D. If required by Town, Contractor will be required to execute an Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and Release on final payment contemporaneously with the receipt of partial or final payments, or other form of acknowledgment of payment and/or release of claims as required by Town, 5 as well as unconditional lien waivers executed by subcontractors and/or suppliers who have provided labor, materials, or rental equipment to Contractor. Payments of any amounts covered by any conditional lien waivers may, at Town's sole discretion, be made by joint check issued to the Contractor and the subcontractor or supplier. E. Contractor shall submit all other supporting documentation substantiating its Invoice as may be reasonably required by the Engineer,Project Manager, Town, and applicable laws. 4.2 Final Payment. Final payment including retainage shall be paid only after: (i) the Work has been fully completed (including completion of all incorrect or incomplete work items)and accepted by Town and Engineer;(ii)necessary operating manuals,any excess materials and supplies necessary for matching materials and supplies incorporated into the Work, and complete "as-built" drawings, plans and specifications have been delivered to Town; (iii) if required by Town, full and unconditional lien waivers and releases by Contractor and any person performing labor or supplying material, machinery, fixtures, or tools for the Work have been delivered to Town; (iv) all conditions and requirements imposed by Town or any financing entity for the corresponding disbursement have been met;and(v)Contractor delivers to Town an Invoice requesting payment. The Contract number must be referenced on all invoices. 4.3 Town's Right to Withhold Payment. Town may withhold payment to such extent as may be necessary in Town's opinion to protect Town from loss for which the Contractor is responsible, including, without limitation: A. defective Work not remedied; B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Town is provided by the Contractor; C. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; D. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; E. damage to Town or another contractor; F. reasonable evidence that the Work will not be completed within the Contract Time set forth in Exhibit B (or otherwise by Town), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or G. persistent failure to carry out the Work in accordance with the Contract Documents. 4.4 Joint/Direct Checks. Payments to Contractor may be made by checks payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of Town it is advisable, payments may be made directly to 6 Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract. 4.5 Payment Not A Waiver. No payment(nor use or occupancy of the Project by Town)shall be deemed acceptance or approval of the Work or as a waiver of any claims,rights, or remedies of Town. 4.6. Liens and Bond Claims. Contractor shall make all payments, in the time required, of all labor and materials furnished to Contractor in the course of the Work and shall promptly furnish evidence of such payments as Town may require. Contractor shall pay when due all claims arising out of performance of the Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of Town, or against payments due from Town to Contractor,or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, Contractor agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of Town, against payment due from Town to Contractor, or against any payment or performance bond, shall be filed or made in connection with the Work by any party who has supplied professional services, labor,materials, machinery, fixtures, tools, or equipment used in or in connection with the performance of this Contract, and Contractor agrees to remove or to cause to be removed any such liens or claims in the nature of a lien or bond claim within ten (10) days upon receiving notice or obtaining actual knowledge of the existence of such liens or claims. In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and against any and all such liens and claims. This paragraph does not apply to claims and liens of Contractor due to non-payment for Work performed. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection;Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor's applicable licenses issued by the Arizona Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set 7 forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Contractor. 9. Work Standards,Warranties and Correction of Work. All materials and other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract. 9.1 Express Warranties. Within fourteen (14) days of the completion of the Work(or at such earlier time as requested by Town),Contractor shall execute and deliver to Town all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to Town, and any other person reasonably requested by Town, or Town's lender(s). 9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by Town. 9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, Town may correct it and the Contractor shall reimburse Town for the cost of correction. 10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof(the Town and any such person being herein called an"Indemnified Party"),for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims")to the extent that such Claims(or actions in respect thereof)are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do 8 business in the State of Arizona pursuant to ARIz. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name,to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a"claims made"basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with 9 respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A$25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement, as applicable. Additionally,certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO")Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. 10 (2) Contractor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives,officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a$2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO,Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be"follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents,representatives, officers, directors,officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 11 C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Contractor engages in any professional services or work in any way related to performing the work under this Agreement,the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor,or anyone employed by the Contractor,or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage,payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIz. REV.STAT. §38-511. The Town may cancel this Agreement without penalty or further obligations 12 by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision,the Town shall be entitled,in addition to any other rights and remedies,to recover and withhold from the Contractor an amount equal to 150%of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIz. CONST. ART. IX, § 5 and ARIz. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town,payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 12.7. Upon any termination of the Contract, no further payments shall be due from Town to Contractor unless and until Contractor has delivered to Town any and all documentation required to be maintained by Contractor or provided by Contractor to Town. 12.8. Under no circumstances shall Town have any liability for any costs, expenses, overhead, or profits in relation to any work not actually performed, or for any future or anticipated profits,recovery, damages, expenses, or loses. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner,joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors. The Contractor,and not the Town, shall determine the time of its performance of the Services provided under this Agreement so long as Contractor meets the requirements of its agreed Scope of Work 13 as set forth in Section 2 above and in Exhibit B. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County,Arizona. 13.3 Laws and Regulations. Contractor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Contractor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Agreement by Contractor. 14 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Contractor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement,or by law,or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury,which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity,the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees,transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail,registered or certified, return receipt requested,to the address set forth below or(C)given to a recognized and reputable overnight delivery service,to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 Attn: Grady E. Miller, Town Manager 15 With copy to: Town of Fountain Hills 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: T&T Construction, Inc. 12014 North Falcon Drive Fountain Hills,Arizona 85268 Attn: Jerrad Trulson, P.E., President or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Agreement. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under subsection 13.17 below, Contractor's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred,or units expended directly in the performance of work under this Agreement and (B) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended,the Town shall have access to said Records, even if located at its subcontractors' facilities,from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant 16 to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ.REV. STAT. § 41-4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Contractor certifies that it is not currently engaged in,and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ.REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, the Fee Proposal, the RFQ and the Contractor's SOQ,the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. 13.22 Special Provisions. The Contract created by this request and the resulting request for qualifications will automatically renew for up to four successive one-year terms,unless the Vendor notifies the Town in writing of its desire to terminate the Contract. If extended, the then-current prices shall be applicable during the subsequent renewal year unless the Vendor notifies the Town in writing of any rate increase and the Town approves the increase with an authorized signature,prior to the end of the then-current term. 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation C5b4.0.2 ._ . AAA.A.4..4..-....) Grady E. Mill r, To 1 Manager ATTEST: Elizabeth ke, Town C k APPR AS TO FORM: aron D. Arnson, wn Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On`MPLC)/t 2( , 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~~ PATRICIA JO TOAL 1 �6 Commission atw ofi40 yod-n‘a..ek (9,_____ ,.-t � Notary public•Stata of Arhona '.j` �,' MARICOPA COUNTY Notary Public —My comm.expires Dec.8,2020 (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGES] 18 1 `'Contractor" T&T CONSTRUCTION, INC., a(n)Arizona corporation By: Name: "SZ°� c� 7,n /5Ch'1 Title: ('PS'ce� (ACKNOWLEDGMENT) STATE OF /9-27 7-07-(a— ) ss. COUNTY OF ff /JOn /148W1l 4` ,2019,before me personally appeared ,,►G Gz#t 7 t?/S(jh- the rfel idGytr of T&T CONSTRUCTION,INC., a(n)Arizona corporation,whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. yoz 4,(41446 Notary Public (Affix notary seal here) C;SNE ST�Tt LORI A.SWANSON (Ditt DFU51 Commission#545944 " Notary Public-State of Arizona �.� MARICOPA COUNTY o 9i2 Comm.expires June 19,2022 19 EXHIBIT A TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND T&T CONSTRUCTION, INC. [SOQ] See following pages. r, i construction, inc. rod January 5th,2019 Town of Fountain Hills. Town Clerk 16705 East Avenue of the Fountains, Fountain Hills,Arizona 85268 RE: (CS2019-006)General Construction Services for the Town of Fountain hills Dear Members of the Selection Panel, On behalf of T&T Construction Inc., I would like to thank you for the opportunity to submit our proposal for the General Construction Services. T &T Construction Inc. is a third-generation family-owned and operated general contracting company established in Arizona in 1983 and classified as an"S"type corporation. Our office is located at 12014 N. Falcon Dr., Fountain Hills, AZ 85268. We have consistently delivered „ projects giving our clients the best value by protecting their interest throughout the life of the project. We enjoy working on challenging projects that allow us to draw on our knowledge and experience to complete. Quality,Workmanship,Safety,and Integrity are the principles on which our company were founded. Our philosophy is to approach each project as a partner with the owner and work side by side to construct the best possible product. Execution of this philosophy has helped us remain one of the best underground utility contractors in the state. We would like to once more thank the Selection Panel for the opportunity to submit our Request for Qualifications for this JOC. For further information on our Request for Qualifications, please feel free to contact me at 602-980-3162 or email me at itrulson@ttconstruction.com. Sincerely, 0-2-1 Jerrad Trulson, P.E. President T&T Construction Inc. 12014 N. Falcon Dr. Fountain Hills,AZ 85268 P:480-837-2192 C: 602-980-3162 www.ttconstruction.com T&T Construction, Inc. 12014 N. Falcon Dr. I Fountain Hills, AZ 85268 P: 480-837-2192 I F: 480-837-7099 I www.ttconstruction.com AZ ROC #A-06061 I AZ ROC #B04-156025 QUALIFICATION CRITERIA A. GENERAL INFORMATION 1. VENDOR IDENTIFICATION INFORMATION T&T Construction, Inc. is registered as an Arizona S-Corporation with our main office located at 12014 N.Falcon Dr,Fountain Hills,AZ 85268. The contact person concerning this SOQ is Jerrad Trulson, with the same address above,and can be contacted at 602-980-3162. 2. PRINCIPAL OFFICE LOCATION } Our firm is located at 12014 N. Falcon Drive,Fountain Hills,AZ.All of our employees live within the greater Phoenix area; all of our key personnel live in the greater Phoenix Metropolitan area and work out of the principal office. -'a 3. GENERAL DESCRIPTION OF VENDOR T&T Construction, Inc. provides CMAR, JOC and General Contracting services. Established in 1983,we are a family-owned and operated (third-generation)contractor with 35 years in business. -�, Our strategy has been to carefully select the specific projects on which to submit proposals based on those most applicable with our experience and workforce. This strategy allows us to furnish proposals based on our ability to successfully construct projects on a stringent timeline with 4 rigorous quality standards while maintaining original budgets. In doing so, we have established strong customer relationships; a positive and well-recognized company reputation; and a loyal, well-trained,cohesive staff,many of whom have spent their entire careers with our firm. We have -) also established valuable relationships with key subcontractors and suppliers which have consistently supplied us with the highest quality products and services through our company's history. We would propose utilizing local qualified subcontractors and suppliers on this JOC to deliver high quality projects for the Town. 4. TERMINATED CONTRACTS; LITIGATION; ARBITRATIONS; CLAIMS WITHIN THE LAST FIVE YEARS T&T Construction, Inc. has not had a contract terminated within the last five years.Nor has T&T Construction had any claims arising from a contract which resulted in litigation or arbitration within the last five years. Our firm proudly recognizes that no contract has been terminated, or litigation/arbitration resulted from any contract held by our company in its history. 5. DISBARMENT BY FEDERAL,STATE,OR LOCAL GOVERNMENT ENTITY WITHIN THE LAST FIVE YEARS T&T Construction,Inc.has never been disbarred by any federal,state,or local government entity. TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2019-006 IV.Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed the entire RFQ, including Appendix 1 and Appendix 2, if awarded the Agreement, agrees to be bound by all terms and conditions contained therein. T&T Construction,Inc. 86-0455394 VENDOR SUBMITTING SOQ FEDERAL TAX ID NUMBER A Jerrad Trulson P.E.,President PRINTED NAME AND TITLE A HORIZED SIGNATURE 12014 N Falcon Dr 4808372192 4808377099 ADDRESS TELEPHONE FAX# Fountain Hills AZ 85268 1/5/2018 CITY STATE ZIP DATE WEB SITE: www.ttconstruction.corn E-MAIL ADDRESS: itruls°^0ttoonstrucuon.cor11 ROC License Numbers and Classifications: A General A-068061;B-General B-04-156025 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. NA 945164.3 iV B. EXPERIENCE AND OUALIFICATIONS OF VENDOR 1. VENDOR'S EXPERIENCE T&T Construction,Inc.has completed multiple alternative delivery contracts with various owners throughout Arizona. This includes various tasks and services ranging from small to large projects. For the last two years, we have held a QSP for on-call storm maintenance with the Town of Fountain Hills. This required a timely response to maintain washes and roads within specific timeframes of major storm events to prevent disturbances to the traveling public. We have also maintained a general services JOC contract with the GRIC Gila River Irrigation and Drainage District since 2016. We also maintained a contract with the Pima-Maricopa Irrigation Project from 2012 to 2017 which provided multiple JOC tasks outlined under our successfully completed projects section.Another contract superseded the previous JOC and has been in place since 2016 and is currently ongoing. Given the location of our company,we have been able to work within the Town of Fountain Hills for 35 years including projects for the Town,the Sanitary District,and the Water Company. Each of these contracts represents our company's ability to successfully complete the various scopes of work outlined in this SOQ while being conscious of the local communities and minimizing any disruptions to their services. This included concrete work for structures, building rehabilitation, fencing, plumbing, lighting, electrical work, installation and maintenance of various pieces of equipment,and general construction services as needed. PROJECT MANAGEMENT APPROACH DURING DESIGN AND CONSTRUCTION; PLANNING The company's approach to design and construction management revolves around a partnering attitude,with transparency and honesty on the forefront of our methods.We utilize an"all-in-one" approach when it comes to our overall project management approach, using the same personnel who work on the initial stages of the job as the one who will build it. This puts the person most familiar with the project in charge of delivering a quality product on a timely basis. During any design portion, we will work with the engineer as each milestone is completed to review the constructability and provide cost estimates. The project manager will attend all design meetings with the owner,along with separate meetings with the design engineer to review the current status. Our company also utilizes a document management service that tracks and links all submittals, RF1's,change orders,and other pertinent communications for the project and links them with any email correspondence. This process has proven to be an effective way of properly documenting every stage of the project, and gives the owner direct access to all important communication in regards to the items above. The main strategy of our construction management approach involves qualified personnel directing the project to a quality completion. First, the project manager for this project will be in charge of handling all submittals,scheduling,and procurement for the work to be completed. They will be dedicated to this project as their sole operating task for the entire duration. Secondly,we will have a senior staff reviewing all material in oversight and in addition to the project manager. This ensures that all information submitted to the owner is correct in order to assist with the review process. Thirdly, the project superintendent will work directly with the project foremen and provide any assistance or expertise when needed. The superintendent manages the weekly activities to ensure that our laborers are equipped with the required tools and equipment to succeed at their tasks.This person will oversee all construction activities for the several crews we will staff on this project, along with maintaining close contact with all subcontractors currently being utilized. Fourth,the project foremen will handle the daily tasks assigned to them and manage their crews to complete these items. Each day prior to starting any work, the foremen will meet with their crew and discuss what work will be completed for the day, review safety items,and lay out the general procedures to follow for the day. The project manager will provide on a weekly basis a two-week look ahead schedule to the owner, and this outlook will be discussed during weekly meetings if needed.This provides a clear structure of the work to be performed in the near future,and allows the owner to closely verify that the work is being completed on schedule. SCHEDULING After meeting with the owner and identifying any parts of the project with critical time restraints, we then incorporate those constraints into our Critical Path Schedule as milestones and adjust material procurements, submittal review periods, and production times to ensure we will meet these critical milestones. We then implement and monitor the schedule diligently adding manpower, increasing hours, and/or bringing in additional equipment to keep the project on schedule. The most important aspect of addressing scheduling delays is close monitoring of the schedule so that anticipated delays can be addressed before they become a major problem. Our construction team is experienced in reviewing, tracking, and acting upon any conflicts that arise in order to maintain the original completion schedule. Also, by tracking such delays on a micro level, it allows for immediate corrective action in order to eliminate them before they become a notable occurrence. By coupling this strategy with an electronic timesheet submittal system for our foremen, we are able to monitor construction progress on a daily basis. We will track all items on the schedule daily, and we will use a two week look-ahead schedule to monitor progress of each item. If items are found to be falling behind by a day or more, the task will be flagged and reviewed by our construction team. Items that do not see an increase in production,or continue to fall behind consecutively by three days,will be immediately acted upon using a schedule recovery method. This method would include either additional personnel, equipment, or working extended hours to rectify the schedule. We will notify the owner of these delays,along with a written plan on how to correct the issue. We will continue to closely monitor these items until they are brought back to the original completion time or an acceptable alternative schedule is agreed upon by all parties. We utilize Microsoft Project or Primavera to create our project schedules using a Critical Path Model within a Gantt chart.Our project engineer/managers will meet with the owners and identify time sensitive portions of a project and establish work hours and non-working days.Manufacturers provide expected delivery dates for long lead materials, and we identify obtainability dates of required permits. This information is then incorporated into the project schedule.Next, all major items of work are entered with their production times and target finish date.We then do an internal feasibility assessment and make adjustments if needed, then submit to owner for review. ESTIMATING HardDollar (InEight) is the estimating program we use for developing project estimates. This program allows our team to create a comprehensive budget and cost analysis for each task issued. It also allows for quick and responsive changes to be added or implemented to the budget with minimal effort. The cost data can be printed in detail for the owner to review. The library of historical cost data maintained in the system shortens the time required to build accurate cost estimates,which can be quickly modified should any changes to the work be requested. MANAGING CONSTRUCTION The HardDollar program also functions as project management software. We use the program to gather daily time sheets from the field, track production and budgets, develop reports, and track quantities through the duration of the project.Timesheets are reviewed on a daily basis so that any potential issues are identified and rectified in short order. The project manager works with the General Superintendent to stay ahead of construction with development of upcoming milestones, scheduling of subcontractors, and material procurement. The Project Manager and General Superintendent oversee and support the Project Superintendent in the actual day-to-day construction operation.The document management system is also used to document any changes or questions as they arise in the field.Both systems integrate to maximize data coming in from the field,so that the schedule and budget are maintained.All personnel are able to utilize the document management system to review drawings and specifications, and can flag potential issues on the drawings and share them with all personnel on the project. This streamlines the process of identifying and mitigating any potential issues which minimizes the potential of additional cost overruns. OUALITY CONTROL Quality control is only successful when the entire construction team is integrated into its strategy. Our employees are encouraged to be vocal about any concern or issues they have with the product being built,and at any time can address this issue with complete authority to take corrective action. Since they are building a product designed to last for decades, it is important that everyone is able to stand behind the work they perform. All materials brought onto the job site are checked for defects prior to being unloaded, and will be shipped back if unsuitable. Verification will also be made that the material is exactly as submitted. Another important aspect of quality control is working with the inspectors to give ample access to review completed work. This is given a high level of importance by our personnel to allow for all entities involved in the project to ensure that the specifications and requirements are being met. DISPUTE RESOLUTION AND PARTNERING We approach every project in a spirit of partnership; that is, we regard a project as one in which we work closely with the project owners, engineers and all involved parties toward a common goal. We communicate this preferred approach at the start of every project. We are a strong advocate of this work attitude, preferring an atmosphere of cooperation over one of competition. We know that a commitment towards a cooperative way of doing business ensures that any situation that may develop can be resolved at the lowest level. This spirit of partnership and working together heads off disputes before they occur. If issues do come up,they are resolved in a timely manner that is equitable and respectful to all parties involved. With the team environment promoted by partnering, we find disputes are handled at the field level and there is rarely a need to escalate any dispute. We find that the most successful approach in dispute resolution is to incorporate partnering into the project. CONSTRUCTION SAFETY MANAGEMENT Safety is the number one priority on all of our projects.Robert Trulson,CEO of T&T Construction, Inc., has personally assumed responsibility for safety issues in our Company, and as such is our designated Safety Officer,being responsible for the development and implementation of all safety regulations. All of our crew and project management employees have received OSHA training, confined space training,finger training,and competent person training.Every individual involved with the project is given the responsibility and authority to observe and maintain a safe working site. While the competent person on site will work diligently to organize activities in a safe manner, each individual is trained to recognize potential hazards to minimize risk of accidents. Each individual is also given the authority to immediately stop all work when an unsafe condition is identified and halt work until it is rectified. A critical part of our safety program is our weekly safety meetings. Our project superintendents hold site-specific weekly safety meetings every Monday morning to clarify goals for the week and to notify the team of specific hazards that we may encounter. We encourage the owners to attend these weekly meetings. 2. SUCCESSFULLY COMPLETED SIMILAR PROJECTS 1.TOWN OF FOUNTAIN HILLS OSP FOR ON-CALL STORM CLEAN-UP Description of Project: The contract was put in place with the Town of Fountain Hills to provide assistance on an as-needed basis to perform on-call and emergency storm damage cleanup services. We were required to provide all equipment and labor necessary to clear roads, rights of way, drainage channels,and other Town properties as requested. The contract was first issued in 2016, and has been extended through the 2018/2019 fiscal year. The work under this contract included cleaning of debris in existing washes that had filled or overflowed into roadways, installation of a trash rack to prevent pipe blockages, repair and reinstallation of grouted riprap spillways, and trucking assistance on an as-needed basis for the Town. The work required traffic control in some instances to protect the traveling public while maintaining vehicular and pedestrian access to the work areas. Construction Cost: The original contract value was $10,000 for the year of 2016, and the dollar amount has varied based upon allowable contract values for the Town of Fountain Hills. The current contract value is$49,000.00. Construction Dates: Original Contract was dated in 2016, and since has been renewed most recently on 9/27/2018. Project Owner: Town of Fountain Hills Reference: Justin T. Weldy, Public Works Director,602-721-2646, iweldyna,fh.az.gov; 16705 E. `,.! Avenue of the Fountains,Fountain Hills,AZ 85268. 2.GRIID MASTER SERVICES AGREEMENT AND JOC SERVICES Description of Project: The contract and various purchase orders were put in place with the Gila River Irrigation and Drainage District to provide construction services on an as-needed basis. Various types of services have been requested by the owner, including purchasing replacement parts, providing rental equipment, and installation or replacement or facilities. Examples include purchasing replacement parts for pumps,electrical cabinets, replacing pipe crossings, installation • of level sensors, solar equipment, flow metering equipment, and electrical conduits. Associated with the major items of work include site fencing, concrete structures, equipment enclosures, asphalt pavement,grading,and removal of debris. Construction Cost: The original contract value was $25,000 for the year of 2016, and the dollar amount has varied for additional work items issued on a PO basis through 2018. We currently maintain a$50,000 allowance for additional work as needed along with multiple PO's for varying amounts. Construction Dates: Original Contract date was dated in 2016, and current constructions obligations remain in place. Project Owner: Gila River Irrigation and Drainage District Reference: Ron Allison, General Manager, 520-610-2826, rcallisona,triidd.com; 192 South "A" Street, PO Box 2202, Sacaton,AZ 85147. ,.f 3.PHIL'S FILLING STATION GREASE TRAP INSTALLATION Description of Project; The Fountain Hills Sanitary District had issued a notice to the owner of Phil's requiring a grease trap to be installed at the location. We were contracted to provide construction services to mitigate the notice. The work included the installation of a grease trap at Phil's Filling Station in Fountain Hills,AZ. Associated with the work was the removal of existing asphalt,concrete, excavation and installation of a precast grease trap structure, connection to the existing sanitary sewer facilities,and all testing required for acceptance. Site restoration included asphalt paving, and concrete steps with a ramp. The construction required coordination with the Town including the needed permits. The work was completed on a cost only basis, and all associated work maintained access to the establishment during normal business hours. Construction Cost: The contract value was$20,391.23. Construction Dates: The project was completed in June of 2017. Project Owner: Phil's Filling Station Reference: Phil Rodakis, Owner, 480-816-8200; 16852 E Parkview Ave, Fountain Hills, AZ • 85268 x3 4. P-MIP SOUTHSIDE CANAL REACH MCCLELLAN WASH SIPHON BW-lA AND ADDITIONAL JOC WORK Description of Project:The project consisted of installing 96"diameter pipe including a concrete flow meter vault, inlet and outlet headwalls,and modifications to the existing control building to • house the electronics and controls for the system.A strict schedule was maintained on this project so that the system would be completed with corresponding dry-ups,and to restore the alignment to allow the land owner access to continue farming operations. Once the original project was completed, the contract was maintained to allow for multiple JOC services for the owner as outlined below. The original contract was awarded under an alternative delivery method,and T&T was chosen as the General Contractor. Construction Cost: The original contract value was $7,190,820.60. Final Construction amount was $7,181,626.78. The final contract amount including additional JOC work items was $12,574,323.06 Construction Dates: Original Contract April 2012-March 2013. Additional JOC requests were made following the completion of the project and are listed below. The contract was finalized on February of 2017. Project Owner: Pima-Maricopa Irrigation Project Reference: David DeJong, PhD, Managing Director, (602)768-0642, ddejong(a7,gilariver.com; Gonzalo Romero, P.E., Chief Construction Engineer, (602)763-9394, gmromero(a,gilariver.com; 192 South"A"street, Sacaton,AZ 85247. Additional Proiect Information: The project was advertised as using an alternative delivery method which analyzed the qualifications of the firms submitting. Our commitment to quality, workmanship, safety, and partnering has developed a strong relationship with the owner and resulted in additional JOC work requests outside of the original scope. Each task required various trades to complete the requested work, and portions of the work were subcontracted. A general overview of trades completed include electrical, fencing, metal works, concrete installation and repairs ranging from flatwork to structural, and maintenance of facility equipment. Below is a partial list of notable JOC Tasks completed under this contract.Additional projects are available upon request. Hiehline Canal Mitigation and Repair work—This job order task included multiple repairs and maintenance to the canal and service roads. Work included electrical conduit repairs, concrete encased bollards, electrical signage and labeling, vegetation removal, barbed wire fence repairs, mile markers and site marker signs, and repairs to a traveling water screen which included metal work,corrosion prevention, and minor structural repair. Memorial and Westside Pipeline Mitigation Work and Repairs—This task was work at the control site and the pipelines for the Memorial and Westside systems. Work included service to the existing control building such as verification or replacement of exterior GFCI outlets, replacement of flexible electrical conduits,site grounding, FRP grating, repairing holes at control building, repair to exterior luminaries. Along the pipeline alignments, work included installation of confined space signs at all manholes and vaults,adding safety grab bars at each location for safe access,repair to cathodic protection test stations,and repair to aging concrete that had been broken or aged including epoxy treatment. The enclosures at remote sites required electrical repairs, labeling, painting, weather sealing, universal power supply maintenance, and solar maintenance. There was also work required at the end of the 13 mile long system. This included fencing repair, grounding,electrical labeling,and modifications to a concrete stilling well. Check 11 Waterline Installation —This project included the installation of 3,180 linear feet of 4"PVC Waterline to feed the traveling water screen pumping system at the Pima Canal Check 11. The pipeline installation included multiple bends to navigate the existing PMIP easement. The waterline also crossed through Arizona Department of Transportation ROW,which required traffic control and permitting. The line contained a water meter, backflow preventer, and installation of the discharge into a new fiberglass storage tank. The line was designed to be operated using an altitude valve in a vault that monitors the water level in the storage tank to determine when to open and close. Once the line was constructed, submersible pumps were installed in the tank to replace the existing traveling water screen pumps. The work required site fencing, concrete structures, modifications to the controls inside of the existing control building,plumbing,and electrical wiring and conduit. Consolidated and Pima Canal Deficiency Mitigation and Repairs—This project task included multiple repairs to the existing Pima Canal Reach BW-lA, Pima Feeder, and the Santan Area Consolidated Canal. Included were repairs to broken concrete, concrete crack sealing, electrical breaker panel repairs to bring to code, repairs to fencing and grounding, new site fencing with gates, labeling of electrical equipment and replacing broken conduits, installation of safety barriers, metal work and epoxy painting, lighting repairs and replacements, installation of safety cables and floats,security bars,and small diameter culvert crossings for storm water management. The work on this task also included the installation of ADOT approved Guard Rails meeting AASHTO requirements along State Route 87. This included the design and installation of a guard rail system while maintaining an approved temporary barrier system during construction. Southside Canal Deficiency Mitigation and Repair— The work along the Southside canal included canal rehab and repair, panel replacement, miscellaneous metal works, earthwork grading, installation of buoys and flashers, crack sealing, and concrete curb. The work also required slurry placement around eroded earthen embankments, grounding of fences,repairs to a cathodic rectifier, installation of additional canal expansion joints, cleaning of the canal, and dewatering. Also included in this task were electrical repairs,bollards,debris and rubbish removal and disposal,and storage of site equipment in storage racks. SR 87 Pipe Crossing at Spur Drop Siphon— This project consisted of the installation pipe crossing SR 87 and connecting into the existing delivery system.This required temporary facilities to maintain the deliveries during construction and prevent disturbances to existing users. Along with the pipe,96"diameter precast concrete manholes were installed on an engineered foundation material, and all connecting joints were sealed. 3. APPLICABLE ARIZONA LICENSES T&T Construction, Inc.has the following current AZ Licenses. General Engineering ROC 4.A-068061 Held by Firm B-4 General Residential ROC##B-04,-156025 Held by Firm Engineering Professional Engineer Cert 4-58522 H Id b Terra• C. KEY POSITIONS 1. KEY PERSONNEL Key personnel for this JOC are outlined below with the relevant experience, roles and responsibilities from the perspective of how they will serve the Town. • Jerrad Trulson,P.E.; Project Engineer and Manager Jerrad TruIson, P.E., President, graduated from Arizona State University in 2010 with a �$ Bachelor of Science and Engineering(Civil Engineering),and has been employed by T&T Construction in his present capacity since that time. Jerrad attained the P.E. (Civil) designation in 2014 and has also completed the general contractor exams for licensing of T&T Construction in Utah and New Mexico.He worked on the projects outlined above as the project engineer/manager, and will continue that capacity for the Town of Fountain Hills if selected. Jerrad is experienced in managing all of our JOC programs. He will be the main point of contact for the Town, and will be responsible for providing all project management components of each task issued. This will include all pricing, scheduling, and coordination to successfully complete each work order. All submittals and project documentation will be managed through Jerrad from inception to closeout of each task. Jerrad is experienced in managing construction projects and tasks while keeping in mind items such as public access or specialized delivery schedules to decrease such impacts. • Robert Trulson; Senior Project Engineer and Manager Robert Trulson, CEO, has over 35 years' experience in the municipal and heavy civil construction fields. He has worked at T&T since it was founded in 1983 has run every aspect of this company's operations and has been CEO since 2008. Rob graduated from ` the University of Wisconsin — Madison in 1979 with a Bachelor of Science degree in Construction Administration. Rob will provide general oversight and review of all items related to the contract to insure accuracy and consistency. He will be able to provide extensive experience and input to support establishing cost effective construction methods that wiII provide a high quality products. • Dale Krater; Project Superintendent Dale Krater has worked with T&T Construction since 1994 and has held a Pipe Superintendent position since 2010. He has held every crew position including top man, pipe layer, and heavy equipment operator. Dale has been responsible for the onsite management of all construction projects since being promoted in 2010. Dale excels at communicating with owners, managing subcontractors, and running a safe and efficient job site. We have selected Dale for this role based on his overall experience and success in construction, and the synergy he has with the other members of this team. 2. ROLES OF KEY PERSONNEL The personnel outlined above will work together during the course of the contract. Rob Trulson will provide general oversite on the project, utilizing his vast experience to maintain the project schedule, budget,and insure a high quality product.Jerrad Trulson will be working as the project manager and engineer on the project and will be directly responsible for reviewing submittals, developing detailed schedules and work flow summaries, along with detailed constructability reviews. They both will handle the advertisement and acceptance of all purchase orders and subcontractors,and prepare detailed cost estimates for each task order. Given the successful track record of prior projects,they will bring a successful management style to the project that has been utilized for decades. Dale Krater will be the acting project and field Superintendent, and will be responsible for oversite on all construction activities. This will include scheduling of subcontractors and material vendors based upon the overall project schedule. He will monitor the construction progress throughout the various locations and review that the means and methods being utilized will create a high quality product for the owner. Dale has been working in the underground pipeline construction field for 24 years, and is familiar with the processes and 4`} required planning to build a successful project. 3. SUBCONTRACTORS AND SELECTION PLAN Subcontractors will be determined based upon the scope of work for each project. Our selection process for subcontractors includes a combination of qualifications and price, starting with an initial advertisement of bids. This will include a point system to determine a scoring for each subcontractor, and weighted against the price for the services provided. This allows for a competitive pricing while maintaining a high quality product for the Town. The requirements of the subcontractor selection plan are flexible to meet the Town's requirements for procurement. A strong emphasis will be placed on utilizing local subcontractors qualified and licensed in each respective field or optimize local participation. Being a local company,we have been utilizing the majority of these companies at our office and on projects where their skills match our needs. The supervision of subcontractors will be the responsibilities of Jerrad Trulson and Dale Krater. Jerrad will compile and submit all pertinent product data for each subcontractor, and work with Dale on scheduling the associated work to meet our project schedule. Dale will be in charge of monitoring each subcontractor on site to supervise the work and ensure proper quality control along with a safe working environment while meeting the project requirements. Dale will be in charge of supervising the work as it is completed,and properly documenting it to ensure the work is being done correctly. The documentation will be later transferred to a set of as-built drawings to keep the project records current and up to date. Proposed Subcontractors: Zeidas Electric LLC : Thomas Zeidas, Electrical,480-837-3264; 17321 E Vallecito Dr, Fountain Hills, AZ 85268.C-11 Electrical License#314966. Joe Ciotta Plumbing LLC: Joseph Ciotta, Plumbing, 480-837-0644; PO Box 17008, Fountain Hills,AZ 85269.C-37 Plumbing License#156161. Ludvik Electric Co.:Joseph Miller, Electrical,602-448-5955; 1020 E University Dr, Phoenix,AZ 85034.C-11 Electrical License# 088575. DEG Construction Company, Inc.:Josh Wilson,Concrete,602-881-9891;724 W Commerce Ave, Gilbert, AZ 85233. B-1 General Commercial Contractor#085560 and General Dual KE License #089234. Biddle & Brown Fence Company LLC: Courtney Forsgren, Fencing, 602-501-9381; 895 W Elwood St#2, Phoenix, AZ 85041. CR-14 Specialty Dual Fencing License#272838. Grate Solutions Company Inc: Joe Fischer, Metal Works, 602-881-9882; 724 W Commerce Ave, Gilbert, AZ 85233.General Dual KE License#247738. 12014 N.Falcon Dr. Fountain Hills,AZ 480.837-2192 www.ttconstruction.com j trulson@ttconstructlon.com JERRAD TRULSON, P.E. POSITION President of T&T Construction,Inc.,2013-Present;Project Manager/Estimator,2010-2013;Summer employment 2006-2010-Field Crew,Project Manager,Estimator. ..t OUTSTANDING Bidding and managing projects of increasing complexity at an accelerated ABILITIES pace since beginning full-time employment in 2010.Absorbing increasing levels of responsibility and decision-making since promotion to company President in 2013. Networking to establish company presence in neighboring states. -,f EXPERIENCE T&T CONSTRUCTION,INC. 2010-Present Successfully completed P.E. (Civil)designation in 2014.Successfully completed contractors' r., exams to license T&T Construction in New Mexico and Utah. Managed complete SCADA Design and Installation project for Pima-Maricopa Irrigation Project, as well as the completion of South Side Canal Reach McClellan Wash Siphon BW-IlA and McClellan Wash Siphon Pima Canal Reach 1B. Managing the construction of the Sacaton,Spur Drop, Little Gila,Casa Blanca,and Old 93 siphons. EDUCATION ARIZONA STATE UNIVERSITY-BACHELOR OF SCIENCE CIVIL ENGINEERING,2006-2010 Two-time letter winner in Wrestling while maintaining full engineering schedule. Completed Confined Space Entry Procedures and Competent Person training. OTHER INTERESTS Concentrating efforts on managing and expanding third-generation family- owned company. • �1 12014 N.Falcon Dr, Fountain Hills,AZ 480-037.2192 www.ttconstructi on.co m rtrulson@ttconstruction.com ROBERT W. TRULSON POSITION President of T&T Construction 2008-2013; CEO 2013-Present. Employed by T&T Construction since 1983. Employed by FP&T Construction(WI)1980-1982.34 years total experience. OUTSTANDING Optimizing company performance by recognizing and building upon ABILITIES strengths.Formulating company goals and ensuring all activities fulfill those goals,specifically for the company to remain family-owned and modest in size.Motivating key personnel to maximize performance of all employees.Diffusing issues before escalation to ensure agreement on all parties.Emphasizing ethical behavior as overarching company philosophy. KEY EXPERIENCE VICE PRESIDENT,PRESIDENT AND CEO,T&T CONSTRUCTION RELATED TO THIS 1983-Present PROJECT Successfully bid and built $200M of irrigation, waterline, sewer, and storm drain i projects in multiple municipalities in Arizona. Carefully cultivated client relationship with Gila River Indian Community - Pima- Maricopa Irrigation Project. Performed over$62 Million of successful projects in the r capacity of CM@R, IOC, General Contractor, and Subcontractor, to ensure that P-MIP would realize its overall goal:"To develop a distribution system,agricultural lands and riparian habitat areas for beneficial use of water resources" (http://www.gilariver.com/mstate.htm). EDUCATION UNIVERSITY OF WISCONSIN-MADISON-BACHELOR OF SCIENCE IN CONSTRUCTION ADMINISTRATION 1979 OTHER INTERESTS Game Umpire,District 6 Umpire in Chief(six years),former President,Fountain Hills Little League Assistant Coach,Fountain Hills High School Falcons Wrestling Team Current private pilot's license with instrument rating Black Belt,Tang So Do 0 0 0 ! r 12014 N.Falcon Dr. Fountain Hills,AZ 480-B37-2192 0 www.ttconstruction,com 0 dkrater@ttconstruction.com DA(.F '<RATER 0 3 POSITION General Superintendent; Foreman and other crew positions,T&T 0 Construction,Inc.,1994-present OUTSTANDING Problem solving. Any unforeseen situations that arise in the field are ABILITIES entrusted to his capable and creative skills for resolution. EXPERIENCE T&T CONSTRUCTION,INC. 1994-Present Dale has held every construction position in this company, including top man, pipe layer, heavy equipment operator(mainline,trackhoe,loader),and foreman. L) EDUCATION Total on-the-job training since age 23. Li CERTIFICATIONS Competent person,Confined Entry Procedures INTERESTS Dale is a devoted family man.He and his wife have two talented children, Hannah and Tyler,and Dale's spare time is well-spent nurturing their respective abilities. EXHIBIT B TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND T&T CONSTRUCTION, INC. [Scope of Work] See following page(s). Vendor may be asked to provide some or all of services of installation, demolition, removal and disposal of the following: a. Buildings & improvements b. Slabs/foundations c. Walls/flooring/roofing d. Debris e. Doors/windows f. Canopies/shades g. Ramps h. Steps i. Fences/gates j. Playground equipment and surfaces k. Sport fields, turf, bleachers and structures 1. Plumbing/sprinklers m. Lighting n. All wiring,plumbing, conduit o. Fixtures and equipment p. Park benches, ramadas and picnic tables q. Other construction-related projects and materials as needed EXHIBIT C TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND T&T CONSTRUCTION, INC. [Sample Job Order] a y^ y i ry4J1 ASS 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" jName] Signature Name Title EXHIBIT A—SCOPE OF WORK AND PROJECT SCHEDULE/DURATION 1. Scope of Work: 2. Schedule: EXHIBIT B—CONTRACTOR'S MARK-UP COEFFICIENTS AND PROJECT SCHEDULE OF VALUES {To be provided by Contractor for each Job Order in the following form) Self-Performed work(including any direct purchases or other miscellaneous costs to the JOC)— Mark-up Direct Cost of the Individual Project(Delivery Order)Value $0-$49,999 $50,000- $100,000- $200,000- $500,000- $1,000,000+ $99,999 $199,999 $499,999 $999,999 Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> Subcontracted Work—Mark-up Direct Cost of the Individual Project(Delivery Order)Value $0-$49,999 $50,000- $100,000- $200,000- $500,000- $1,000,000+ $99,999 $199,999 $499,999 $999,999 Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> [continued on next page] Project Schedule of Values ' (Sample) 1 GENERAL CONDITIONS SUB CONTRACTOR OR SUPPLIER PROJECT MANAGER hours per week $0.00 FIELD SUPERVISION hours per week $0.00 TEMPORARY FACILITIES(attach a list of specific cost $0.00 breakdown) SITE SAFETY $0.00 EQUIPMENT RENTAL(attach a list of specific cost $0.00 breakdown) PERMITS $0.00 Sub Total-GENERAL CONDITIONS $0.00 SUB CONTRACTOR COSTS 2 SITE WORK $0.00 3 CONCRETE $0.00 4 MASONRY $0.00 5 METALS $0.00 6 WOOD&PLASTICS $0.00 7 THERMAL&MOISTURE PROT. $0.00 8 DOORS&WINDOWS $0.00 9 FINISHES $0.00 10 SPECIALTIES $0.00 11 EQUIPMENT $0.00 12 FURNISHINGS $0.00 13 SPECIAL CONSTRUCTION $0.00 14 CONVEYING SYSTEMS $0.00 15 MECHANICAL $0.00 16 ELECTRICAL $0.00 Sub Total-SUB CONTRACTOR COSTS $0.00 SCOPE OF SELF PERFORMED WORK: (describe) LABOR COST for SELF-PERFORMED WORK: $0.00 MATERIALS COST for SELF-PERFORMED WORK: $0.00 OTHER MISC COSTS: (describe) $0.00 $0.00 Sub Total-SELF-PERFORMED WORK AND $0.00 OTHER MISC COSTS ALLOWANCES OR CONTINGENCY AMOUNTS $0.00 (PROVIDE LIST) GRAND TOTAL $0.00 EXHIBIT C—UNIQUE INSURANCE AND/OR BOND REQUIREMENTS(IF ANY) (Provide any additional insurance requirements beyond the Standard Insurance Requirements, and/or bond requirements for the Project once approved by to confirm adequate insurance and bond coverages for this Project] EXHIBIT D—PROJECT SPECIFIC CONDITIONS {To be completed by PM from the specific Project requirements and specifications} EXHIBIT E—LIST OF PROJECT PLANS AND SPECIFICATIONS(IF ANY): {To be completed by PM if applicable) ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/WW) `,,,. am 7/31/2018 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 CONTNAME: Janet Janet Hardin,CPCU Lovitt&Touche' Inc-Phoenix PHONE FAX P. 0. Box 64985 (NC.No,Extt: 602 778-7046 (NC,No): Phoenix AZ 85082 E-MAIL jhardin@lovitt-touche.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Insurance 23396 INSURED TTCON-1 INSURER B: T&T Construction, Inc. P.O. Box 17948 INSURER C: Fountain Hills AZ 85269 INSURERD: INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER:1352734889 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSD VD POLICY NUMBER (MM/DDIYYYY) (MM/DDNYYY) A X COMMERCIAL GENERAL LIABILITY Y Y CPP 2084200 8/1/2018 8/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 1 GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA2084199 8/1/2018 8/1/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR Y Y CU 2084201 8/1/2018 8/1/2019 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$0 $ A WORKERS COMPENSATION Y WC208357906 8/1/2018 8/1/2019 X 'MUTE EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder and owner(if applicable)are additional insureds as respects General Liability,Automobile liability, Umbrella if required in a written contract. Waiver of Subrogation applies to the General Liability,Auto Liability Umbrella, and Workers Compensation if required in a written contract.The General Liability insurance is primary and certificate holder's insurance is non-contributory if required by written contract. RE: 14861 E.Shea Blvd Fountain Hills,AZ Town of Fountain Hills, it officers and employees are named as additional insured if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Fountain Hills, AZ 16705 E.Avenue of the Fountains Fountain Hills AZ 85268 AUjTHHOORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date CPP 2084200 0705003 8-1-18 Policy Expiration Date Date Account Number 8-1-19 Named Insured Agency Issuing Company T&T Construction, Inc LOVITT & TOUCHE/TEMPE 1. a. SECTION iI-WHO IS AN INSURED is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business; or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract, written agreement, or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or"personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work"began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work;and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a)Own; (b) Rent; (c) Lease; or (d)Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury"or"property damage"occurring after: Includes copyrighted material of insurance Services Office, Inc. CG 70 4810 15 Pages 1 of 4 (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment(other than service, maintenance or repairs); or (b) That portion of"your work"out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. (3) Completed operations coverage, but only if: (a) The written contract,written agreement, or certificate of insurance requires completed operations coverage or"your work"coverage; and (b) This coverage part provides coverage for"bodily injury"or"property damage"included within the"products-completed operations hazard". However,the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract, written agreement, or certificate of insurance: (1) Requires"arising out of"language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 10 01;or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 10 01; then the phrase"caused, in whole or in part, by"in paragraph 2.a.above is replaced by"arising out of. c. If the written contract, written agreement, or certificate of insurance requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified;or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1)above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b)or 2.a.(1)(c)above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; (3) Certificate of insurance; or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 4 CG 70 4810 15 g. The insurance provided to the additional insured does not apply to"bodily injury", "property damage", or "personal and advertising injury"arising out of an architect's, engineer's, or surveyor's rendering of,or failure to render, any professional services, including but not limited to; (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c)Opinions; (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory,inspection,or engineering services. h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b.Excess; c.Contingent; or d.On any other basis: but if the written contract, written agreement, or certificate of insurance requires primary and non- contributory coverage,this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract, written agreement, or certificate of insurance as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 48 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED -OWNERS,LESSEES OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 15 Pages 3 of 4 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. • • • Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 4 CG 70 48 10 15 T&T Construction Policy#CA2084199 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is$ 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS-CANCELLATION, Paragraph A.2. is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE A.1.WHO IS AN INSURED is amended by the addition of the following: d. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company, and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to"accidents"or"loss"that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an"insured"under any other policy or would be an"insured" but for its termination or the exhausting of its limit of insurance. e. Any"employee"of yours using: (1) A covered"auto"you do not own, hire or borrow, or a covered "auto"not owned by the"employee" or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto"hired or rented under a contract or agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However, your "employee"does not qualify as an insured under this paragraph (2)while using a covered"auto" rented from you or from any member of the"employee's"household. f. Your members, if you are a limited liability company,while using a covered "auto"you do not own, hire, or borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered"autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the"bodily injury"or"property damage"; Includes copyrighted material of Insurance Services Office, Inc. CA 71 15 11 09 Page 1 of 5 (2) To any person or organization included as an insured by an endorsement or in the Declarations;or (3) To any lessor of"autos"unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The"auto" is leased without a driver; and (c) The lease had not expired. Leased"autos"covered under this provision will be considered covered"autos"you own and not covered "autos"you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not apply to"bodily injury"or"property damage"for which an "insured"is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Under SECTION II -LIABILITY COVERAGE,A.2.a.Supplementary Payments, paragraphs(2)and(4)are deleted and replaced with the following: (2) Up to$2500 for the cost of bail bonds(including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request,including actual loss of earnings up to $500 a day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION II -LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury"to: a. Any fellow"employee"of the"insured"arising out of and in the course of the fellow"employee's" employment or while performing duties related to the conduct of your business. However,this exclusion does not apply to your"employees"that are officers, managers, supervisors or above. Coverage is excess over any other collectible insurance. b. The spouse, child, parent, brother or sister of that fellow"employee"as a consequence of paragraph a. above. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A.COVERAGE, the following is added: If any of your owned covered"autos"are covered for Physical Damage,we will provide Physical Damage coverage to"autos"that you or your"employees"hire or borrow, under your name or the "employee's"name,for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto"shown in the Declarations, Item Three, Schedule of Covered Autos You Own,or on any endorsements amending this schedule. B. Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.4.COVERAGE EXTENSIONS, paragraph b. Loss of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an "insured"becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 711511 09 (1) Other than collision,only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto' (2) Specified Causes of Loss,only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto"; or (3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is$30 per day, to a maximum of $2,000. C. Under SECTION IV—BUSINESS AUTO CONDITIONS, paragraph 5.b.Other Insurance is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered"autos"you own: 1. Any covered"auto"you lease, hire, rent or borrow; and 2. Any covered"auto" hired or rented by your"employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However, any"auto"that is leased, hired,rented or borrowed with a driver is not a covered"auto", nor is any"auto"you hire from any of your"employees", partners(if you are a partnership), members(if you are a limited liability company),or members of their households. 6. LOAN OR LEASE GAP COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,the following is added: If a covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered"auto", less: (a) The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 7. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE, paragraph 4. Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because of covered"loss". We will pay only for those covered"autos"for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered"loss" and ending, regardless of the policy's expiration,when the covered"auto" is returned to use or we pay for its"loss". This coverage is in addition to the otherwise applicable coverage you have on a covered"auto". No deductibles apply to this coverage. (b) This coverage does not apply while there is a spare or reserve"auto"available to you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 71 15 11 09 Page 3 of 5 8. AIRBAG COVERAGE SECTION III -PHYSICAL DAMAGE, B. EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown However, this exclusion does not include the discharge of an airbag. b. Blowouts, punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III -PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 10. COLLISION COVERAGE-WAIVER OF DEDUCTIBLE SECTION III -PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage, no deductible will apply if the "loss"was caused by a collision with another"auto" insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV-BUSINESS AUTO CONDITIONS,A. LOSS CONDITIONS, 2. DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS,paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an"accident", claim, "suit"or"loss". Knowledge of an "accident", claim,"suit"or"loss"by your"employees"shall not,in itself, constitute knowledge to you unless one of your partners,executive officers, directors, managers, or members(if you are a limited liability company)has knowledge of the"accident", claim,"suit"or"loss". Notice should include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A.5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However, if the insured has waived rights to recover through a written contract,or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B. GENERAL CONDITIONS, 2. CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 15 11 09 14. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of"insured contract"is amended as follows: • The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad;and • Paragraph H.a. are deleted with respect to the use of a covered"auto" in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 71 1511 09 Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right .to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." 'This endorsement does not apply to policies in Missouri where the employer Is in the construction group of code classifications. According to Section 287.150(6)of the Missouri Statues,a contractual provision purporting to waive subrogation rights Is against public policy and void where one party to the contract is an employer in the construction group of code classifications.' • This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8-1-18 Policy No.WC2083579' Endorsement No. Insured T&T Construction, Inc Premium $ Insurance Company Countersigned by WC 00 03 13 Hart Forms Services (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Reorder No.144888 Policy #CPP 2084200 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Page 1. Additional Definitions 9 2. Aggregate Limits Per Location 7 3. Aggregate Limits Per Project 7 4. Blanket Contractual Liability—Railroads 3 5. Broadened Bodily Injury Coverage 11 6. Broadened Knowledge Of Occurrence 8 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 8 8. Broadened Liability Coverage For Damage To Your Product And Your Work 10 9. Broadened Who Is An Insured 3 10. Co-Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers 4 [see provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)] 11. Contractual Liability—Personal And Advertising Injury 3 12. Damage To Premises Rented To You—Specific Perils and Increased Limit 7 13. Designated Completed Projects—Amended Limits of Insurance 11 14. Extended Notice Of Cancellation And Nonrenewal 9 15. Incidental Malpractice Liability 7 16. Increased Medical Payments Limit And Reporting Period 7 17. Mobile Equipment Redefined 9 18. Nonowned Watercraft And Nonowned Aircraft(Hired, Rented Or Loaned With Paid Crew) 3 19. Product Recall Expense 2 20. Property Damage Liability—Alienated Premises 2 21. Property Damage Liability—Elevators And Sidetrack Agreements 2 22. Property Damage Liability—Property Loaned To The Insured Or Personal Property In The Care, 2 Custody And Control Of The Insured 23. Reasonable Force—Bodily Injury or Property Damage 10 24. Supplementary Payments 3 25. Transfer Of Rights (Blanket Waiver Of Subrogation) 9 26. Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 0417 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I—COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1.through 6.of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1.through 6. of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY—ALIENATED PREMISES A. Exclusion j. Damage to Property, paragraph (2)is deleted. B. The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph (2)of this exclusion does not apply if the premises are"your work" and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY—ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs(3), (4), and (6)do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY—PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs(3)and (4)are deleted. B. Coverage under this provision 3.does not apply to "property damage"that exceeds$25,000 per occurrence or$25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to"product recall expenses"that you incur for the "covered recall" of"your product". This exception to the exclusion does not apply to"product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of"your product", which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of"your product(s)"that have no known or suspected defect solely because a known or suspected defect in another of"your product(s)" has been found. B. Under SECTION III —LIMITS OF INSURANCE, paragraph 3.is replaced in its entirety as follows and paragraph 8. is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 49 04 17 a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of"bodily injury" and "property damage" included in the"products-completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. 5. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT(HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g. Aircraft, Auto or Watercraft, paragraph(2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; Exclusion g. Aircraft, Auto or Watercraft, paragraph (6)is added as follows: [This exclusion does not apply to:] (6) An aircraft you do not own, provided that: (a) The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; (b) The aircraft is rented to you with a trained, paid crew; and (c) The aircraft is not being used to carry any person or property for a charge. 6. BLANKET CONTRACTUAL LIABILITY—RAILROADS Under SECTION V—DEFINITIONS, paragraph c.of"Insured Contract" is deleted and replaced by the following: c. Any easement or license agreement; 'Under SECTION V—DEFINITIONS, paragraph f.(1) of"Insured Contract" is deleted. 7. CONTRACTUAL LIABILITY—PERSONAL AND ADVERTISING INJURY Under SECTION I—COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I—SUPPLEMENTARY PAYMENTS—COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $1,000 a day because of time off from work. 9. BROADENED WHO IS AN INSURED SECTION II—WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 04 17 Page 3 of 11 b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company, you are an insured. Your"executive officers"and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your"volunteer workers"only while performing duties related to the conduct of your business, or your"employees,"other than either your"executive officers," (if you are an organization other than a partnership,joint venture or limited liability company)or your managers(if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these"employees" or"volunteer workers" are insured for: (1) "Bodily injury"or"personal and advertising injury": (a) To you, to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker" as a consequence of paragraph(1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs(1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in provision 10. of this endorsement. Paragraphs (1)(a), (1)(b)and (1)(c)above do not apply to your"employees"who are: (i) Managers; (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to"bodily injury"to a co-"employee". (2) "Property damage"to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your"employees,""volunteer workers", any partner or member(if you are a partnership or joint venture), or any member(if you are a limited liability company). b. Any person (other than your"employee"or"volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; Includes copyrighted material of Insurance Services Office, Inc. Page 4of11 CG 70 49 04 17 (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. f. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any"occurrence"that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", and "personal and advertising injury"arising out of operations performed for the state or municipality; or (2) "Bodily injury"or"property damage" included within the"products-completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you to whom you are obligated under a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any"occurrence"that takes place after the equipment lease expires. i. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or"your work." However, no architect, engineer, or surveyor is an insured with respect to"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph i.does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract, written agreement, or certificate of insurance requires primary and non-contributory coverage, the insurance provided by paragraphs f.through i.above will be primary and non-contributory Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 0417 Page 5 of 11 relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded until the end of the policy period. b. Coverage A does not apply to"bodily injury" or"property damage"that occurred before you acquired or formed the organization. c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to"product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor)with whom you agreed under a written contract to provide insurance is an insured, but only with respect to"bodily injury" or"property damage"arising out of"your products"that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in"your product" made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of"your product"; g. "Your products"which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (1) The exceptions contained in subparagraphs d.orf.; or (2) Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4.does not apply to any insured person or organization from which you have acquired "your product", or any ingredient, part, or container, entering into, accompanying or containing "your product". This paragraph 4.also does not apply if a separate Additional Insured endorsement, providing liability coverage for"bodily injury"or"property damage"arising out of"your product"that is distributed or sold in the regular course of a vendor's business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 70 49 0417 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II—WHO IS AN INSURED, paragraph 2.a.(1)(d)does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your"employee"does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION II—LIMITS OF INSURANCE, provisions 11.through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract, written agreement or certificate of insurance. As respects this provision 12., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMIT A. SECTION III—LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTION III—LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13.does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU—SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to"specific perils"where it appears in: 1. The last paragraph of SECTION I—COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril"or any combination of"specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III—LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14.does not apply if the Damage To Premises Rented To You Limit of SECTION!— COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or"water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY Under SECTION I—COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 0417 Page 7 of 11 Exclusions,j. Damage to Property, the first paragraph following paragraph (6)is deleted and replaced with the following: Paragraphs(1), (3)and (4)of this exclusion do not apply to"property damage" (other than damage by fire)to a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15.is$10,000. A$250 deductible applies. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16.through 18.of this endorsement amend the policy as follows: 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a.is deleted and replaced and paragraphs e.and f.are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence"or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence"or an offense by your"employee(s)"shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers", directors, or managers has knowledge of the "occurrence"or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. e. If you report an"occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an"occurrence"to us at the time of the"occurrence"shall not be deemed a violation of paragraphs a., b., and c.above. However, you shall give written notice of this"occurrence"to us as soon you become aware that this"occurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated "covered recall"that may result in"product recall expense": (1) Give us prompt notice of any discovery or notification that"your product" must be withdrawn or recalled. Include a description of"your product"and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 49 0417 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if"your work"was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9.When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 20. MOBILE EQUIPMENT REDEFINED Under SECTION V—DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 21. ADDITIONAL DEFINITIONS 1. SECTION V—DEFINITIONS,paragraph 4."Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of"bodily injury," "property damage," or"personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit"on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V—DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or"property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of"your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 0417 Page 9 of 11 f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of"your products"that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or"property damage". 22. REASONABLE FORCE-BODILY INJURY OR PROPERTY DAMAGE Under SECTION I-COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a. Expected Or Intended Injury "Bodily injury" or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. 23. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I-COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage"to"your product"arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke: (3) "Collapse"; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. I. Damage to Your Work "Property damage"to"your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse"means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III—LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 49 0417 Subject to 5.above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one"occurrence" because of"property damage"to"your product" and"your work"that is caused by fire, smoke, collapse or explosion and is included within the "product-completed operations hazard". This sublimit does not apply to"property damage"to"your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V—DEFINITIONS, the definition of"bodily injury" is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any"bodily injury"described in paragraph 3.a. c. All "bodily injury"described in paragraph 3.b.shall be deemed to have occurred at the time the "bodily injury"described in paragraph 3.a.occurred. 25. DESIGNATED COMPLETED PROJECTS—AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project-specific limits of insurance exceeding the limits of this policy; A. for"bodily injury"or"property damage"that occurs within any policy period for which we provided coverage; and B. for"your work" performed within the"products-completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises)CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose for the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 0417 Page 11 of 11