Extracted text (via pymupdf)
206768 characters
Page 1
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
PROFESSIONAL SERVICES AGREEMENT
Design Services
SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No. PR2208.201
Council Date: August 18, 2022 Item No.
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_________________,
2022 (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation,
("City''), and J2 Engineering & Environmental Design, L.L.C., an Arizona limited liability
company, ("Consultant") (City and Consultant may individually be referred to as “Party” and
collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide Design Services for SNEDIGAR
SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS project as more fully described in
Exhibit "A", which is attached to and made a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to contract with Consultant to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
part of the work or services under this Agreement must be new, or the latest model, and of
Page 2
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
the most suitable grade and quality for the intended purpose of the work or service.
SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of
this Agreement. Unless amended in writing by the Parties, the Agreement term
expires 234 calendar days after the Notice to Proceed (NTP) Date.
SECTION III--PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully
described in Exhibit “B” for performance of the services approved and accepted by City
under this Agreement must not exceed $181,292.30 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City’s prior written consent. Consultant must submit monthly requests for payment of
services approved and accepted during the previous billing period and must include, as
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished
during the billing period, a list of any deliverables submitted, and any subconsultant’s or
supplier’s actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for those
services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant’s performance under this Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
Page 3
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3349
Email: kimberly.moon@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Vivianna Barrientes, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3314
Email: Vivianna.barrientes@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME:
J2 Engineering and Environmental Design,
LLC
Mailing Address:
4649 W. Cotton Gin Loops, Ste. B2 Phoenix, AZ 85040
Physical Address:
Statutory Agent Name: James P. O’Sullivan
Statutory Agent Mailing Address:
2525 E. Camelback Rd., Seventh Floor
Phoenix, AZ 85016-9240
Statutory Agent Physical Address:
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Jeff Velasquez
Title:
Vice President
Phone: 602-438-2221 Ext 102
Email:
jvelasquez@j2design.us
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final contract payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its contracts with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
Page 4
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
the appropriate federal agency, has access to the subconsultants’ records to verify the
accuracy of all cost and pricing data. City reserves the right to decrease Contract price or
payments made on this Agreement or request reimbursement from Consultant following
final payment on this Agreement if the above provision is not included in subconsultant
agreements, and one or more subconsultants refuse to allow City to audit their records to
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of
this Agreement, the audit discloses Consultant has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit.
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results
in a substantial change in this Agreement, thereby materially increasing or decreasing the
scope of services, cost of performance, or Project schedule, the work will be performed as
directed by City. However, before any modified work is started, a written amendment must
be approved and executed by City and Consultant. Such amendment must not be effective
until approved by City. Additions to, modifications, or deletions from this Agreement as
provided herein may be made, and the compensation to be paid to Consultant may
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and
agreed that no claim for extra services or materials furnished by Consultant will be allowed
by City except as provided herein, nor must Consultant do any work or furnish any materials
not covered by this Agreement unless such work is first authorized in writing. Any such work
or materials furnished by Consultant without prior written authorization will be at
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written
authorization Consultant will make no claim for compensation for such work or materials
furnished.
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants
contained herein, except that City reserves the right, at its discretion and without cause, to
terminate or abandon any service provided for in this Agreement, or abandon any portion of
the Project for which services have been performed by Consultant. In the event City abandons
or suspends the services, or any part of the services as provided in this Agreement, City will
notify Consultant in writing and immediately after receiving such notice, Consultant must
discontinue advancing the work specified under this Agreement. Upon such termination,
abandonment, or suspension, Consultant must deliver to City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed,
together with all unused materials supplied by City. Consultant must appraise the work
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may
inspect Consultant’s work to appraise the work completed. Consultant will receive
compensation in full for services performed to the date of such termination. The fee will be
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by
Consultant and City. If there is no mutual agreement on payment, the final determination will
be made in accordance with the "Disputes" provision in this Agreement. However, in no event
may the fee exceed the fee set forth in Section Ill of this Agreement nor as amended in
accordance with Section "Alteration in Character of Work." City will make the final payment
within 60 days after Consultant has delivered the last of the partially completed items and
the Parties agree on the final fee. If City is found to have improperly terminated the
Agreement for cause or default, the termination will be converted to a termination for
Page 5
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
convenience in accordance with the provisions of this Agreement.
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must
indemnify, save and hold harmless City and its officers, officials, agents and employees
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses
(including court costs, attorneys' fees and costs of claim processing, investigation and
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful,
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers,
directors, agents, employees, or subconsultants in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers'
compensation law or on account of the failure of Consultant to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. Consultant must indemnify
lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for primary
loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Agreement, Consultant agrees to waive all rights of
subrogation against lndemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.
5.6 Insurance Requirements. Consultant must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may
arise from or relate to performance of the work under this Agreement by Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in
this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and City.
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.
Page 6
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
the completeness and accuracy of Consultant’s services, data, and other work prepared or
compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
Page 7
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
for approval the names of consultants or subconsultants to be used under this Agreement.
Any subsequent changes are subject to City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding a contract to
any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding a
contract to any natural person who cannot establish that such person is lawfully present in
the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of contract award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Page 8
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
under this Agreement are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to City’s interests. Consultant’s failure to provide a
written notice and disclosure of the information as set forth in this Section constitute a
material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in
the performance of this Agreement. The Parties agree that all data, regardless of form,
including originals, images, and reproductions, prepared by, obtained by, or transmitted to
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants must not use the data for any purposes except to perform the services
required under this Agreement. These prohibitions do not apply to the following data
provided to Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants are not otherwise required to hold such data in confidence;
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to
which Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
contract with City, Consultant must first notify City as set forth in this Section of the request
Page 9
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
or demand for the data. Consultant or its subconsultants must give City sufficient facts so
that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
Page 10
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
Page 11
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/25/2022
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City’s
final acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
SIGNATURE PAGE TO FOLLOW
Page A-1
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/23/2022
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
DESIGN SERVICES SCOPE OF SERVICES: PR2208.201
SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
Consultant will provide services for the design, permitting, and development of
construction documents for the development of a modification of (3) three soccer
(multi-use) fields to artificial turf, located at Snedigar Park, approximately W Chandler
Heights Road and S Alma School Road, Chandler, Arizona, all as more specifically
described herein below.
1.2
The facility design shall include (3) three artificial turf soccer fields with potable water
cooling system and possible shade structures for player.
1.3
The project team design cost is $181,292.30 including subconsultants and allowances.
All design as stated will be completed within this budget.
1.4
Consultant will provide all design services for the Project including, but not limited to,
normal civil engineering, landscape/potable water irrigation, survey and geotechnical
services.
2. ASSIGNMENT:
2.1
The design contract has been awarded to a landscape architect based on their
proposed personnel and specified consultants. Any deviations or substitutions of these
team members must be pre-approved in writing by City. Those persons listed in
Exhibit B will perform those portions of the work listed therein.
•
The design contract has been awarded to the consultant (J2) based on
their proposed personnel and specified subconsultants. Any deviations or
substitutions of these team members must be pre-approved in writing by
the City of Chandler. Those persons listed in Exhibit B will perform those
portions of the work listed therein
3. PROJECT SCHEDULE:
3.1
Consultant must perform the services within the times set forth in the Production
Schedule included herein (see attachment) and made a part hereof by reference.
3.2
Consultant must adhere to the Production Schedule described herein and such
schedule may not be modified or deviated from without written consent of City.
Consultant must revise and submit for review an updated schedule whenever it is
demonstrated that the time for completion of the Project Design or of any of the partial
completion points listed in the schedule is delayed by two weeks or more. Such
adjusted schedule will include a written explanation stating the reasons for the change
and a plan for getting back on schedule. Consultant must take all reasonable actions
necessary to get the project back on schedule and City will cooperate to assist
Consultant.
4. QUALITY CONTROL:
4.1
Consultant must institute and comply with the Design Quality Control Plan attached
hereto and made a part hereof by reference.
5. PRELIMINARY RESEARCH:
5.1
As and for preliminary research before preparing the project design, Consultant will:
a. Perform a Document Search for utility as-builts.
b. Perform a Document search for rights-of-way.
c.
Perform a Document search for survey ties and benchmarks.
d. Perform a Document search for City policies, regulations, standards, design
manuals, and requirements, etc. relevant to project.
e. Research and/or obtain geotechnical reports and investigations, master plans,
computer model data and field surveys.
f.
Research all utility companies/agencies and acquire all available as-built and utility
records.
g. Investigate existing conditions, make measured drawings, and verify accuracy of
drawings or other information furnished by City.
h. Consultant must provide a survey of the project area that includes complete
topographical and property data of the immediate site. Design must utilize
established City of Chandler benchmarks and reference locations of benchmarks
on the plans. Clearly define the benchmark location and elevation that will be
utilized for construction of this facility.
i.
Develop a Drainage report that determines the impact of runoff for the
improvements.
6. UTILITY/AGENCY COORDINATION:
6.1
Coordination with utility companies and agencies must be in accordance with the latest
version of the “Public Improvement Project Guide” (PIPG).
6.2
Consultant must identify utility conflicts during the initial stages of the design process.
6.3
Easements for utilities must be identified early in the design stage of the project for
design phase coordination. No legal descriptions or establishment of new easements
are included in this design scope of services.
6.4
Coordination with impacted utilities and agencies will be coordinated with during the
design process. Included will be Maricopa County Environmental Services (MCESD)
Water and Permit Coordination and Submittals for the potable water connections.
Permit fee is included as an allowance.
7. GEOTECHNICAL INVESTIGATION:
7.1
Consultant must perform all soil borings necessary to complete their work.
7.2
Sub-surface soil conditions, established by the geotechnical investigations, must be
incorporated into the bid documents in a manner usable to the excavation and
foundation bidding and construction.
8. PROGRAMMING:
N/A
9. Concept Design Plan (15% Concept Designs):
9.1 The plans shall be drafted using AUTOCAD (2018) and shall be presented in roll plot and
sheet cut format to convey intent. The plans shall be provided to the City for review. The
Consultant shall satisfactorily complete each Task of this project and obtain City approval
prior to proceeding with the next Task. The City Project Manager shall determine whether
a Task has been satisfactorily completed, and specific authorization must be issued by the
City’s Project Manager prior to starting a new phase.
a.
Included in the exhibits shall be proposed project improvements, including: artificial
turf field layout and profile design, perimeter fencing layout, conceptual grading and
drainage, planting/irrigation concept plans, booster pump evaluation, concepts of
shade structures for players, and 15% opinion of probable construction costs.
10. SCHEMATIC DESIGN (30% Document Review):
10.1 When the design is approximately thirty percent complete, Consultant must do the following:
a. Present initial a scheme to City and its representatives (to potentially include a
contractor). Staff will collaborate with designers to manipulate the plans and
mutually decide on the best scheme. A potable waterline design will be included
in the design. It is assumed that the waterline will be accessible within the park
property and not exceed 200’ in length at each field location or a maximum
distance of 600’ in length. If the potable source exceeds that length, J2 will develop
a design for the water line on a T and M basis utilizing the Owner’s project
allowance.
b. The final scheme must incorporate City’s comments (and potentially a contractors’
comments) and be cleaned up for reference and presentation to City Council if
requested.
c.
Attend City Parks & Recreation Board meeting and brief the Board, which will
include preparing exhibits and renderings to Board members while documenting
meeting information exchange.
d. Submit the project to City for a Development Standards review.
e. Prepare a construction cost estimate for verification with the budget and re-design
as necessary to re-align the design with the construction budget.
f.
Submit to City’s Project Manager for comment two complete drawing sets with
drainage calculations, one of which must be reproducible.
11. DESIGN DEVELOPMENT DOCUMENTS (60% Document Review):
11.1 Based on the approved Schematic Design Documents and any further adjustments in the
scope or quality of the Project or in the construction budget authorized by City, Consultant
must prepare, for approval by City, Design Development Documents consisting of Drawings
and Specifications setting forth in detail the requirements for the construction of the Project.
When the design is complete Consultant must do the following:
a. Prepare plans, elevations, sections, schedules, notes and specifications as required
to be able to bid and construct the project in its entirety.
b. Cover sheet to be provided by City.
c.
Conduct a full document set (plans & Specs) review in the presence of all
consultants and City’s representatives.
d. Prepare a construction cost estimate for verification with the budget. Re-design as
necessary to re-align the design with the construction budget.
e. Prepare bid alternates as necessary to assure budget can be met.
f.
Submit to City’s Project Manager for comment two complete drawing sets and
specifications. Include original redline drawings and comments received from
previous review along with a review summary indicating action taken.
12. PRE-FINAL DESIGN DOCUMENTS (90% Document Review):
12.1 Based on the approved Design Development Documents and any further adjustments in the
scope or quality of the Project or in the construction budget authorized by City, Consultant
must prepare, for approval by City, Final Design Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the Project.
When the design is complete Consultant must do the following:
a) Further refine plans, elevations, sections, schedules, notes and specifications as
required to be able to bid and construct the project in its entirety.
b) Cover sheet to be provided by City.
c) Conduct a full document set (plans & Specs) review in the presence of all consultants
and City’s representatives.
d) Prepare a final construction cost estimate for verification with the budget. Re-design
as necessary to re-align the design with the construction budget.
e) Prepare bid alternates as necessary to assure budget can be met.
f)
Submit to City’s Project Manager for comment two complete drawing sets and
specifications. Include original redline drawings and comments received from
previous review along with a review summary indicating action taken.
13. CONSTRUCTION DOCUMENTS (100% Final Stamped-and-Sealed Documents):
13.1 Based on the approved Design Development Documents and any further adjustments in the
scope or quality of the Project or in the construction budget authorized by City, Consultant
must prepare, for approval by City, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the Project.
When the design is complete Consultant must do the following:
a) Prepare plans, elevations, sections, schedules, notes and specifications as required to
be able to bid and construct the project in its entirety.
b) Cover sheet to be provided by City.
c) Conduct a full document set (plans & Specs) review in the presence of all consultants
and City’s representatives.
d) Prepare a construction cost estimate for verification with the budget. Re-design as
necessary to re-align the design with the construction budget.
e) Prepare bid alternates as necessary to assure budget can be met.
f)
Submit to City’s Project Manager for comment two complete drawing sets and
specifications. Include original redline drawings and comments received from
previous review along with a review summary indicating action taken.
g) Included with final design will be coordination of the Maricopa County Environmental
Services (MCESD) Water and Permit Approval for the potable water connections.
Permit fee is included as an allowance.
14. Meetings
14.1 J2 will attend the following for meetings:
a.
Kickoff meeting with City staff attended by (3) J2 staff assuming 2 hours, including
travel time, if attended at the City of Chandler
b. Site meeting with City Staff attended by (3) J2 staff assuming 3 hours, including travel
time.
c.
(2) two attendees for a total of 27 weekly virtual meetings to discuss progress -
assuming 15 minutes each meeting
d. (2) two attendees will attend the 15%, 30% ,60%, 90% and 100% comment
resolution meetings, assuming 2 hours including travel time
15. Erosion Control Plans
15.1 J2 will prepare Project Erosion Control Plans:
a) Plans shall be prepared at 1”=30’ scale and will include BMP’s and erosion control
measures per the Arizona General Permit standards.
Project Exclusions:
1. The Contractor is responsible for any and all SWPPP efforts and documents. SWPPP
documents have not been included in the design team scope of services.
2. Design Team is not providing any City permitting or review fees for this project. City
fees have not been included in this scope.
3. J2’s scope of services does not include construction sequencing or traffic control plans.
Traffic Control plans shall be the responsibility of the Contractor to get approved by
the COC (if needed).
4. No public meetings, public input process, or City Council Meetings have been included
in this scope of work.
5. No post design or construction-phase services have been included in this scope of
work. Such services may be added if desired by the City as part of a separate contract.
This exhibit represents the entire understanding of the Scope of Services as set out herein and
may only be modified in writing signed by both parties.
3202 East Harbour Drive | Phoenix, Arizona 85034 | p. 602.243.1600 | www.ninyoandmoore.com
July 13, 2022
Proposal No. 12PHX02-04562
Mr. Jeff Velasquez, RLA, ASLA
Vice President, Principal Landscape Architect
J2 Engineering & Environmental Design
4649 East Cotton Gin Loop, Suite B2
Phoenix, Arizona 85040
Subject:
Proposal to Provide Geotechnical Engineering Services
Snedigar Sports Complex Improvements
4500 South Basha Road
Chandler, Arizona
Dear Mr. Velasquez:
Ninyo & Moore is pleased to submit this proposal to provide geotechnical engineering services for
the above-mentioned project. This proposal is based on the information that we received from your
office and it outlines our scope of services, project assumptions, anticipated scheduled, and fee for
this phase of work.
SITE/PROJECT DESCRIPTION
We understand that some improvements are being considered for the existing Snedigar Sports
Complex located at 4500 South Basha Road, Chandler, Arizona. These improvements will the
conversion three of the existing soccer fields into an artificial turf soccer field. We have been asked
to prepare this proposal to conduct the geotechnical engineering work associated with this
conversion.
SCOPE OF SERVICES
We will conduct the follow scope of services for this project:
•
Review pertinent background data including in-house geotechnical and soils data, available
geotechnical and as-built data from adjacent projects, available aerial photographs, and
published geologic data.
•
Conduct a field trip to the site for geologic reconnaissance.
•
Mark-out the boring locations in the field and arrange for the locating of underground utilities
through Arizona 811.
Ninyo & Moore | 4500 South Basha Road, Chandler, Arizona | 12PHX02-04562 | July 13, 2022
2
•
Drill nine exploratory test borings within the project footprint (three borings for each field).
These borings will extend up to 5 feet deep and will be advanced with hand-operated
equipment. A Ninyo & Moore employee will collect relatively undisturbed samples and bulk
samples within these borings for laboratory testing, and will be responsible for preparation of
field boring logs.
•
Conduct three field percolation tests, in order to assist in evaluating the infiltration rate at a
specific location. The procedure will consist of the insertion of a +/-12-inch diameter
impermeable casing into undisturbed soil (ranging from about 6 to 12 inches deep), followed by
prewetting. The testing will continue after the prewetting period by refilling the casing and
monitoring the drop-in water level as a function of time until steady-state conditions are
achieved.
•
Perform laboratory tests to evaluate index, strength and chemical properties of the subsurface
soils.
•
Compile and analyze the accumulated data.
•
Prepare a geotechnical report to include logs of the exploratory borings and results of the
laboratory testing. The report will be reviewed and sealed by a Professional Engineer,
registered in the State of Arizona. The report will include the following:
o
Description of work scope, laboratory, and field procedures;
o
Subsurface soil, rock (if encountered) and groundwater conditions;
o
General seismic characteristics;
o
Maps and boring plans;
o
Boring logs including laboratory test results;
o
Subgrade preparation measures; and
o
Potential corrosive attack to steel and concrete.
ASSUMPTIONS
We have made the following assumptions in the preparation of this proposal:
•
Access permits / permissions will be obtained by others.
•
The field work will be performed during daytime hours.
•
The site is accessible to normal, two-wheel drive, truck-mounted drilling equipment, and site
access will be granted.
•
The work can be accomplished using hollow-stem auger drilling methods operating at a normal
rate of penetration.
•
If auger refusal is encountered, we will terminate the drilling and notify your office.
•
Groundwater will not be encountered.
Ninyo & Moore | 4500 South Basha Road, Chandler, Arizona | 12PHX02-04562 | July 13, 2022
3
•
The excavations can be backfilled with the drilling spoils.
•
Some ground disturbance should be expected as a result of our field work.
•
No traffic control measures will be needed for this project.
•
Ninyo & Moore will not need to obtain any environmental clearance as a part of this project.
SCHEDULE
We are prepared to commence this work immediately. The field work could be scheduled within
three weeks of receiving right-of-entry and should take about two days to finish. After the field work
is done, the laboratory testing should be finished in about three weeks, with the report submitted
about three weeks after finishing the laboratory testing. Preliminary recommendations can be
provided about one week after the field work is done.
FEE
We propose to perform the work scope described above for a lump sum fee of $15,500
(Fifteen Thousand Five Hundred Dollars). Any additional services, not included in the
aforementioned scope, will be charged on a time-and-materials basis in accordance with our
current Schedule of Fees. To authorize our services, please sign and return the attached
Work Authorization and Agreement.
We look forward to working with you.
Respectfully submitted,
NINYO & MOORE
Steven D. Nowaczyk, PE
Managing Principal Engineer
SDN/tlp
Attachment:
Work Authorization and Agreement
Ninyo & Moore | 4500 South Basha Road, Chandler, Arizona | 12PHX02-04562 | May 23, 2022
1
WORK AUTHORIZATION AND AGREEMENT
Please Sign and Return One Copy to:
NINYO & MOORE
3202 East Harbour Drive
Phoenix, Arizona 85034
PROPOSAL NO. 12PHX02-04562
1.
PROJECT ADDRESS:
4500 South Basha Road, Chandler, Arizona
2.
PROJECT DESCRIPTION:
Geotechnical Engineering Services
3.
SCOPE OF STUDY:
Please refer to proposal dated May 23, 2022.
4.
FEE: $7,500 (Seven Thousand Five Hundred Dollars – Lump Sum)
5.
PORTION OF FEE IN ADVANCE OF WORK: None
6.
CLIENT:
J2 Engineering & Environmental Design
PHONE: (602) 438-2221
4649 East Cotton Gin Loop, Suite B2
Phoenix, Arizona 85040
CONTACT: Jeff Velasquez
PHONE: (602) 438-2221
7.
STATEMENT TO BE SENT TO: Client
CONDITIONS OF AGREEMENT BETWEEN CLIENT AND NINYO & MOORE
This AGREEMENT is made by and between: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES
CONSULTANTS, hereinafter referred to as CONSULTANT, and J2 Engineering & Environmental Design, hereinafter
referred to as CLIENT. This AGREEMENT between the parties consists of these TERMS, the attached Proposal identified
as No. 12PHX02-04562 dated May 23, 2022, and any exhibits or attachments noted in the Proposal. Together, these
elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements
either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or
explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by
CONSULTANT will be based solely on information available to CONSULTANT. CONSULTANT is responsible for those
data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the
information developed.
Services performed by CONSULTANT under this AGREEMENT are expected by CLIENT to be conducted in a manner
consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession
practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty,
expressed or implied, made in connection with the providing of geotechnical consulting services.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CONSULTANT to perform
the work set forth in this agreement. CLIENT will notify any and all possessors of the project site that CLIENT has granted
CONSULTANT free access to the site. Client will protect all property, inside and out, including all plants and landscaping.
CONSULTANT will take reasonable precautions to reduce the potential for damage to the site, but it is understood by
CLIENT that, in the normal course of work, some damage may occur and the correction of such damage or alteration is not
part of this AGREEMENT unless so specified in the Proposal.
CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CONSULTANT will
take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against
CONSULTANT, and agrees to defend, indemnify and hold CONSULTANT harmless from any claim or liability for injury or
loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or
accurately located. In addition, CLIENT agrees to compensate CONSULTANT for any time spent or expenses incurred by
Ninyo & Moore | 4500 South Basha Road, Chandler, Arizona | 12PHX02-04562 | May 23, 2022
2
CONSULTANT in defense of any such claim, with compensation to be based upon CONSULTANT's prevailing fee schedule
and expense reimbursement policy.
SAMPLE DISPOSAL
CONSULTANT will dispose of remaining soil, rock, and water samples approximately thirty (30) days after submission of the
report covering those samples. Further storage or transfer of samples can be made at CLIENT's expense upon CLIENT's
prior written request.
MONITORING
If CONSULTANT is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of
construction work or other field activities as set forth in the Proposal, then this phrase applies. For the specified assignment,
CONSULTANT will report observations and professional opinions to CLIENT or CLIENT’s agent. No action of
CONSULTANT or CONSULTANT's site representative can be construed as altering any AGREEMENT between the
CLIENT and others. CONSULTANT will report to CLIENT or CLIENT’s agent any observed geotechnically related work
which, in CONSULTANT's professional opinion, does not conform with plans and specifications. The CONSULTANT has no
right to reject or stop work of any agent or subcontractor of CLIENT; such rights are reserved solely for CLIENT.
Furthermore, CONSULTANT's presence on the site does not in any way guarantee the completion or quality of the
performance of the work of any party retained by CLIENT to provide field or construction-related services.
If CONSULTANT is not retained by Client for the purpose of monitoring construction work or field activities, CONSULTANT
will expressly not be held liable or responsible for such activities or for the geotechnical performance of the completed
project. Monitoring of construction work or field activities and the geotechnical performance of the completed project is and
will remain the sole and express responsibility of the CLIENT or other party designated by the CLIENT. CLIENT hereby
agrees to indemnify and hold harmless CONSULTANT from and against any loss or judgment, suffered by the
CONSULTANT as a result of a claim or lawsuit resulting from CLIENT’s failure to monitor construction work or field activities
for which CONSULTANT has not been retained.
CONSULTANT will not be responsible for and will not have control or charge of specific means, methods, techniques,
sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT. It is
mutually understood and agreed by CLIENT and CONSULTANT that CONSULTANT has no control or enforcement ability
over any persons or parties who are not employees of CONSULTANT. CONSULTANT does not purport to be, nor is
CONSULTANT responsible for, any safety precautions nor programs incident thereto for such non-employees of
CONSULTANT.
OWNERSHIP AND MAINTENANCE OF DOCUMENTS
Unless otherwise specified in this Agreement or in an Addendum, and provided that CONSULTANT has been fully paid for
the Services, CLIENT shall have the right to use the documents, maps, photographs, drawings and specifications resulting
from CONSULTANT’s efforts on the project, for purposes reasonably contemplated by the parties. CONSULTANT shall
have the right, but shall not be obligated, to retain copies of all such materials and shall have the right to use the same for
any purpose, unless such use would be expected to cause harm to CLIENT. CLIENT shall specify in advance, in writing,
and be charged for all arrangements for special or extended-period maintenance of such materials by CONSULTANT.
CONSULTANT retains the right of ownership with respect to any patentable concepts or copyrightable materials arising
from its Services.
Reuse of any material described by CLIENT, including publication to third parties, on extension of this project or on any
other project without CONSULTANT’s written authorization, shall be at CLIENT’s risk, and CLIENT agrees to indemnify,
defend, and hold harmless CONSULTANT from all claims, damages, and expenses, including attorney’s fees, arising out of
such unauthorized reuse.
BILLING AND PAYMENT
CLIENT will pay CONSULTANT in accordance with the procedures indicated in the Proposal and its attachments. Invoices
will be submitted to CLIENT by CONSULTANT, and will be due and payable upon presentation. If CLIENT objects to all or
any portion of any invoice, CLIENT will so notify CONSULTANT in writing within fourteen (14) calendar days of the invoice
date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will
immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described
above, the balance as stated on the invoice will be paid.
Ninyo & Moore | 4500 South Basha Road, Chandler, Arizona | 12PHX02-04562 | May 23, 2022
3
Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an
additional charge of three quarters of a percent (.75) per month (or the maximum percentage allowed by law, whichever is
lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT.
Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and
expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by
CLIENT to CONSULTANT per CONSULTANT's current fee schedules. In the event CLIENT fails to pay CONSULTANT
within sixty (60) days after invoices are rendered, CLIENT agrees that CONSULTANT will have the right to consider the
failure to pay the CONSULTANT's invoice as a breach of this AGREEMENT and CONSULTANT may cease work on the
project. At CONSULTANT’s option, CONSULTANT may waive said major breach upon payment by CLIENT of all
arrearages and outstanding invoices.
TERMINATION
This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any
provision of this AGREEMENT or in the event of substantial failure of performance by either party, or if CLIENT suspends
the work for more than three (3) months. In the event of termination, CONSULTANT will be paid for services performed prior
to the date of termination plus reasonable termination expenses, including, but not limited to, the cost of completing
analyses, records, and reports necessary to document job status at the time of termination.
RISK ALLOCATION
Many risks potentially affect CONSULTANT by virtue of entering into this AGREEMENT to perform professional consulting
services on behalf of CLIENT. The principal risk is the potential for human error by CONSULTANT. For CLIENT to obtain
the benefit of a fee which includes a nominal allowance for dealing with CONSULTANT's liability, CLIENT agrees to limit
CONSULTANT's liability to CLIENT and to all other parties for claims arising out of CONSULTANT's performance of the
services described in this AGREEMENT. The aggregate liability of CONSULTANT will not exceed $50,000 for negligent
professional acts, errors, or omissions, including attorney’s fees and costs which may be awarded to the prevailing party,
and CLIENT agrees to indemnify and hold harmless CONSULTANT from and against all liabilities in excess of the monetary
limit established above.
Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily
and knowingly entered into, and shall apply to all theories of recovery including, but not limited to, breach of contract,
warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through
suits with other parties who may join CONSULTANT as a third-party nor by an award of attorney’s fees and costs to the
prevailing party in excess of the aggregate liability agreed upon herein by the parties. Parties means CLIENT and
CONSULTANT and their officers, employees, agents, affiliates, and subcontractors.
Both CLIENT and CONSULTANT agree that they will not be liable to each other, under any circumstances, for special,
indirect, consequential, or punitive damages arising out of or related to this AGREEMENT.
INDEMNIFICATION
If any claim is brought against CONSULTANT, its employees, agents and subcontractors and/or CLIENT by a third party,
relating in any way to the Services, the contribution and indemnification rights and obligations of CONSULTANT and Client,
subject to the paragraph titled “Risk Allocation” above, such claim shall be determined as follows:
1. If any negligence, breach of contract, or willful misconduct of CONSULTANT caused any damage, injury, or loss claimed
by the third party, then CONSULTANT and CLIENT shall each indemnify the other against any loss or judgement on a
comparative negligence basis (CLIENT responsibility to include that of its agents, employees, and other contractors);
and
2. Unless CONSULTANT was liable for negligence, breach of contract, or willful misconduct which in whole or in part,
caused the damage, injury, or loss asserted in the third party claim, CLIENT shall indemnify CONSULTANT against the
claim, liability, loss, legal fees, consulting fees, and other costs of defense reasonably incurred.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project
site, and that CLIENT has informed CONSULTANT of CLIENT's findings relative to the possible presence of such materials.
Ninyo & Moore | 4500 South Basha Road, Chandler, Arizona | 12PHX02-04562 | May 23, 2022
4
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONSULTANT
and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a
renegotiation of the scope of work or termination of services. CONSULTANT and CLIENT also agree that the discovery of
unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health
and safety. CLIENT agrees to compensate CONSULTANT for any equipment decontamination or other costs incident to the
discovery of unanticipated hazardous materials.
CONSULTANT agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also
agrees to hold CONSULTANT harmless for any and all consequences of disclosures made by CONSULTANT which are
required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT's
responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous
materials.
Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CONSULTANT and, to the
maximum extent permitted by law, agrees to defend, indemnify, and save CONSULTANT harmless from any claim, liability,
and/or defense costs for injury or loss arising from CONSULTANT's discovery of unanticipated hazardous materials or
suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost
associated with possible reduction of the property's value.
CLIENT will be responsible for ultimate disposal of any samples secured by CONSULTANT which are found to be
contaminated.
DISPUTE RESOLUTION
If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires
litigation, then:
1.
The claim will be brought and tried in judicial jurisdiction of the court of the county where CONSULTANT's principal
place of business is located and CLIENT waives the right to remove the action to any other county or judicial
jurisdiction, and;
2.
The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs,
attorneys' and expert witness fees, and other claim-related expenses.
GOVERNING LAW AND SURVIVAL
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the
remaining provisions will not be impaired. Risk allocation and indemnities will survive termination or failure of this
AGREEMENT for any cause.
The parties have read, or had the opportunity to read, the foregoing, including all attachments, addendums, and exhibits
hereto, have had an opportunity to discuss the same, understand completely the terms, and willingly enter into this
AGREEMENT which will become effective on the date signed below by CLIENT.
Printed Name of Client or Authorized Agent
Signature of Client or Authorized Agent
Date
Steven D. Nowaczyk, PE, Managing Principal Engineer
Date
PM: SDN
CONSULTANT REGISTERED SURVEYING INC.
CARL SITTERLEY, R.L.S.
MAILING ADDRESS: 3370 N. Hayden, Suite #123, P.M.B. 567
PHONE: (480) 620-1382
Scottsdale, Arizona 85251
E-mail:
OFFICE ADDRESS: 8732 E. Piccadilly Rd.
csitterley-crs@cox.net
Scottsdale, Arizona 85251
Page 1 of 3
July 14, 2022
Attn: Jeff Velasquez, R.L.A., A.S.L.A., Vice President, Landscape Architect
J2 Engineering and Environmental Design, LLC.
4649 East Cotton Gin Loop, Suite B2
Phoenix, AZ 85040
RE Snedigar Sports Complex, City of Chandler, Arizona—Aerial Map defined Field Zones.
Topographic Survey and Ground horizontal / vertical surveying control.
Located in Section 20, T2S, R5E, G&SRM.
The purpose of this project is replacement/upgrade of one or two of the existing soccer fields,
topo area yet defined, and assumed to be one or two of the contiguous fields indicated on the
attached Assessor aerial map exhibit created by CRS.
This project anticipates completing a topographic survey of the general area of one or two of the
existing soccer fields including surrounding area that would be needed to define drainage and
other potential civil design concerns. The topo-survey will include sufficient limits of which will
include the all hardscape visible topographic improvements. CRS will make observations on the
tie-in locations of the perimeter walks and parking areas if needed. Any marked visible
underground utilities will be observed at the time of the field topo observations. J2 or the City
should arrange for utility marking prior to CRS site visit. Topo-survey will include irrigation
facilities and sprinkler heads if marked by the City the morning of the topo-survey. Topographic
survey will be completed in Autodesk 2007 format with a DTM data base, 3D lines, and 0.2’
contours provided. CRS will also provide a coma delimited point ASCII file for the site point
observations. A sealed rough plot and printed survey points will be provided with the survey
package as professional deliverable of the electronic files stated to be provided. The CAD and
plot of the site will be completed to a general scale of 1”=40’ unless a more desirable scale is
determined.
This project will be referenced to the existing City of Chandler published horizontal and vertical
datum. The NAVD88 vertical datum will be check referenced to the local GDACS sectional plat
for location Section 20 monuments. The horizontal datum will be ground coordinates referenced
to the said GDACS plats Arizona Central Zone State Plane Coordinates. The basis of
coordinates or horizontal datum for this project will be ground coordinates scaled to ground by a
Grid-to-Ground Combined scale factor of 1.00015254 using the GDACS published MCR Book
589, page 48 point number 20062-1 scale factor at the northeast corner of referenced Section 20.
CRS will set approximately 5-8 local control points, both horizontal and vertical, around the
site/park area for future plan/construction control reference. This scope of work does not include
any base mapping or recovery of any street monuments, as the site is located internal to the park
perimeter. This scope of work does not include a boundary survey and any found surveying
monuments, provided as control, are assumed to already be of record.
(continued page 2 of 2)
Page 2 of 3
CONSULTANT REGISTERED SURVEYING INC.
CRS anticipates:
--06 hours of 1-man crew establishing surveying control;
--20 hours of 1-man crew site robotic topo-survey observations;
--20 hours of office time complete data processing in CAD and complete a Survey Package to J2.
CRS invoices $110 per hour for both a 1-man crew and office land surveying services.
With the stated assumptions, the itemized cost is as follows:
1-Man Crew time 26 hours =
$2,860.00
Office Land Surveying Services 20 hours
$2,200.00
Total not-to-exceed fee estimate= $5,060.00
CRS is fully insured with general liability, professional liability, commercial auto, and workers
compensation insurance, and will provide insurance certificates on request.
Map with topo-survey limits shown attached for reference sheet 3 of 3 hereon.
Recorded Plat, GDACS, for site attached for reference.
Thank you for this continued opportunity to be of service to J2 and to the City of Chandler.
This proposal to be attached to any contract.
Sincerely,
CONSULTANT REGISTERED SURVEYING, INC.
Carl Sitterley, electronic signature
Carl Sitterley, RLS
President
Page 3 of 3
CONSULTANT REGISTERED SURVEYING INC.
£
4e@890
Page B-1
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/23/2022
EXHIBIT “B”
COMPENSATION AND FEES
829.24
$
3.1 Production Schedule
829.24
$
13,832.32
$
5.1 Perform Document Search and Research
1,747.96
$
5.4 CRS Survey Subconsultant
5,060.00
$
5.5 Drainage Report
7,024.36
$
5,895.06
$
6.1 Coordination with Utilities (PIPG)
2,507.25
$
6.2 Identify Utility Conflicts
1,335.66
$
6.3 Coordination Design of Utilities
1,279.12
$
6.4 Utility/Agency Coordination
773.03
$
15,500.00
$
7.1 Ninyo and Moore Subconsultant
15,500.00
$
12,394.60
$
9.1 Prepare 30% Plans
12,394.60
$
19,475.32
$
10.1 Prepare 30% Plans
19,475.32
$
10,682.42
$
11.1 Prepare 60% Plans
10,682.42
$
8,724.60
$
12.1 Prepare 90% Documents
8,724.60
$
25,465.20
$
13.1 Prepare 100% Signed-and-Sealed Documents
25,465.20
$
10,282.22
$
14.1 Attend meetings
10,282.22
$
2,611.32
$
15.1 Prepare Erosion Control Plans
2,611.32
$
55,600.00
$
16.1 Allowance for Potholing
18,000.00
$
16.2 Owner's Allowance
30,000.00
$
16.3 Maricopa County Environmental Services Dept.potable waterline permit
2,400.00
$
16.4 Shade Structure Design Allowance
5,200.00
$
TOTAL COST:
181,292.30
$
ALLOWANCES
SUBTOTAL
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 10.0 Schmatic Design (30% Document Review)
Task 11.0 Design Development Documents (60% Document Review)
Task 14.0 Meetings
Task 15.0 Erosion Control Plans
Lump Sum Cost Per Task
Task 5.0 Preliminary Research
Task 13.0 Construction Documents (100%)
Task 4.0 Quality Control
Task 3.0 Project Schedule
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-1"
TASK DESCRIPTION
Task 9.0 Concept Design Plan (15% Document Review)
Task 12.0 Pre-Final Construction Documents (90%)
Snedigar Park Synthetic Multi-Use Field Conversion
Project
Principal
Project
Manager
Senior
Engineer
Project
Engineer
Senior
Designer
Senior
Land Arch
Designer
$ 207.31 $ 189.70 $ 182.92 $ 133.47 $ 119.73 $ 126.53 $ 75.88
4
0
0
0
0
0
0
4
3.1 Production Schedule
4
0
6
8
36
0
0
18
68
5.1 Perform Document Search and Research
4
4
6
5.4 Survey (CRS - see fee schedule)
5.5 Drainage Report
2
8
32
12
0
6
6
13
3
0
0
28
6.1 Coordination with Utilities (PIPG)
1
1
2
1
6.2 Identify Utility Conflicts
2
2
4
2
6.3 Coordination Design of Utilities
2
2
4
6.4 Utility/Agency Coordiation
1
1
3
7.1 Soil and Pavement Borings (Ninyo and Moore - see fee schedule)
0
8
8
16
16
4
64
116
9.1 15% Design
8
8
16
16
4
64
2
8
12
48
32
14
44
160
10.1 30% Design
2
8
12
48
32
14
44
2
8
12
20
24
8
80
154
11.1 60% Design
2
8
12
20
24
8
80
0
8
8
12
16
8
16
68
12.1 90% Design
8
8
12
16
8
16
4
8
6
12
48
32
140
250
13.1 Signed-and-Sealed Construction Document Preparation
4
8
6
12
48
32
140
2
36
0
12
12
0
0
62
14.1 Meetings
2
36
12
24
0
2
0
0
8
0
16
26
15.1 Erosion Control Plans
2
8
16
14
90
60
169
159
66
378
Jeff
Velasquez
Seth Placko Jason Touchin
Evan Grace
Bradley
Sampayan
Jeff Bentz
Suzie White
Jeff
Holzmeister
Daniel Selk
Aaron
Hendrickson
Maria
Maurer
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-2"
Task 2.0 Assignment
Task 5.0 Preliminary Research
< PROJECT ROLE
< HOURLY RATES
TOTAL HOURS
PER TASK
Hours and Rates.
TASK DESCRIPTION
Snedigar Sports Complex Multiuse Field Turf Conversions
Task 14.0 Meetings
Task 15.0 Erosion Control Plans
Task 10.0 Schematic Design (30%)
Task 13.0 Construction Documents (100%)
Task 3.0 Project Schedule
Task 4.0 Quality Control
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 11.0 Schematic Design (60%)
Task 9.0 Concept Design Plans (15%)
Task 12.0 Pre-Final Design (90%)
Snedigar Park Synthetic Multi-Use Field Conversion
Subconsultants:
Ninyo & Moore - Geotechnical Engineering
15,500.00
$
Consultant Registered Surveying - Site Survey
5,060.00
$
ID
Task
Mode
Task Name
Duration
Start
Finish
1
Project Kickoff
0 days
Tue 9/6/22
Tue 9/6/22
2
3.0 Develop Project Schedule
1 day
Tue 9/6/22
Tue 9/6/22
3
5.0 Preliminary Research
10 days
Wed 9/7/22
Tue 9/20/22
4
6.0 Utiility/Agency Coordination
10 days
Wed 9/7/22
Tue 9/20/22
5
Utility and Geotechnical Coordination meeting
with City
0 days
Mon 9/26/22 Mon 9/26/22
6
7.0 Geotechnical Investigation
15 days
Tue 9/6/22
Mon 9/26/22
7
9.0 Concept Design Plan (15%)
15 days
Tue 9/27/22
Mon 10/17/22
8
Submit to City for review
0 days
Mon 10/17/22Mon 10/17/22
9
City review
10 days
Tue 10/18/22 Mon 10/31/22
10
Comment resolution
5 days
Tue 11/1/22
Mon 11/7/22
11
10.0 Schmatic Design (30%)
15 days
Tue 11/8/22
Mon 11/28/22
12
Submit to City for review
0 days
Mon 11/28/22Mon 11/28/22
13
City review and approval
10 days
Tue 11/29/22 Mon 12/12/22
14
11.0 Design Development Documents (60%)
15 days
Tue 12/13/22 Mon 1/2/23
15
Submit to City for review
0 days
Mon 1/2/23
Mon 1/2/23
16
City Review
10 days
Tue 1/3/23
Mon 1/16/23
17
Comment resolution
5 days
Tue 1/17/23
Mon 1/23/23
18
12. Final Design Documents (90-Final)
20 days
Tue 1/24/23
Mon 2/20/23
19
Submit to City for review
0 days
Mon 2/20/23 Mon 2/20/23
20
City Review
10 days
Tue 2/21/23
Mon 3/6/23
21
13. Construction Documents
20 days
Tue 3/7/23
Mon 4/3/23
22
Submit to City for review
0 days
Mon 4/3/23
Mon 4/3/23
23
City Review
10 days
Tue 4/4/23
Mon 4/17/23
24
Final Comment and address
5 days
Fri 4/21/23
Thu 4/27/23
25
Permit ready plans for JOC, DBB methods
0 days
Thu 4/27/23
Thu 4/27/23
9/6
9/26
10/17
11/28
1/2
2/20
4/3
4/27
7/24
8/7
8/21
9/4
9/18
10/2
10/16
10/30
11/13
11/27
12/11
12/25
1/8
1/22
2/5
2/19
3/5
3/19
4/2
4/16
4/30
5/14
5/28
6/11
August 1
September 1
October 1
November 1
December 1
January 1
February 1
March 1
April 1
May 1
June 1
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Page 1
Project: project schedule 5-27-2
Date: Fri 7/15/22
Page C-1
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/23/2022
EXHIBIT “C”
INSURANCE REQUIREMENTS
1.
General.
1.1 At the same time as execution of this Agreement, Consultant must furnish City a certificate
of insurance on a standard insurance industry ACORD form. The ACORD form must be
issued by an insurance company authorized to transact business in the State of Arizona
possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do
business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement will not be deemed to apply to required Workers’
Compensation coverage.
1.2 Consultant and any of its subconsultants must procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
1.3 The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
1.4 City in no way warrants that the minimum insurance limits contained in this Agreement are
sufficient to protect Consultant from liabilities that might arise out of the performance of
the Agreement services under this Agreement by Consultant, its agents, representatives,
employees, subconsultants, and Consultant is free to purchase any additional insurance as
may be determined necessary.
1.5 Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve Consultant from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
1.6 Use of subconsultants: If any work is subcontracted in any way, Consultant must execute a
written contract with subconsultant containing the same Indemnification Clause and
Insurance Requirements as City requires of Consultant in this Agreement. Consultant is
responsible for executing the Agreement with the subconsultant and obtaining Certificates
of Insurance and verifying the insurance requirements.
2.
Minimum Scope and Limits of Insurance. Consultant must provide coverage with limits of
liability not less than those stated below.
2.1 Professional Liability. If the Agreement is the subject of any professional services or work
performed by Consultant, or if Consultant engages in any professional services or work
adjunct or residual to performing the work under this Agreement, Consultant must maintain
Professional Liability insurance covering errors and omissions arising out of the work or
services performed by Consultant, or anyone employed by Consultant, or anyone whose
acts, mistakes, errors and omissions Consultant is legally liable, with a liability limit of
$1,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
Page C-2
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/23/2022
completion and acceptance of the work or services, and Consultant, or its selected Design
Professional will submit Certificates of Insurance as evidence the required coverage is in
effect. The Design Professional must annually submit Certificates of Insurance citing that the
applicable coverage is in force and contains the required provisions for a 3 year period.
2.2 Commercial General Liability-Occurrence Form. Consultant must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Consultant must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles
assigned to or used in the performance of Consultant’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
2.4 Workers Compensation and Employers Liability Insurance: Consultant must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
3.
Additional Policy Provisions Required.
3.1 Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by City. If not approved, City may require that the insurer reduce or
eliminate any deductible or self-insured retentions with respect to City, its officers, officials,
agents, employees, and volunteers.
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage.
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained
by City, its officers, officials, agents, and employees will be in excess of the coverage
provided by Consultant and must not contribute to it.
3.1.3. Consultant’s insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
Page C-3
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/23/2022
3.1.5. The policies must contain a severability of interest clause and waiver of subrogation
against City, its officers, officials, agents, and employees, for losses arising from Work
performed by Consultant for City. (Does not apply to Professional Liability coverage.)
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of 3
years following completion and acceptance of the Work. Consultant must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
3-year period containing all the Agreement insurance requirements, including
naming City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, City will
reasonably rely upon the Certificate of Insurance as evidence of coverage, but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.
3.2. Insurance Cancellation During Term of Contract/Agreement.
3.2.1. If any of the required policies expire during the life of this Agreement, Consultant
must forward renewal or replacement Certificates to City within 10 days after the
renewal date containing all the required insurance provisions.
3.2.2. Each insurance policy required by the insurance provisions of this Agreement must
provide the required coverage and must not be suspended, voided or canceled
except after thirty (30) days prior written notice has been given to City, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be
given. Such notice must be sent directly to Chandler Law-Risk Management
Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any
insurance company refuses to provide the required notice, Consultant or its
insurance broker must notify City of any cancellation, suspension, non-renewal of any
insurance within seven (7) days of receipt of insurers’ notification to that effect.
3.3
City as Additional Insured. The policies are to contain, or be endorsed to contain, the following
provisions:
3.3.1. The Commercial General Liability and Automobile Liability policies are to contain, or
be endorsed to contain, the following provisions: City, its officers, officials, agents,
and employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, Consultant; Products and Completed operations of
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant.
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by Consultant even if those limits of liability are in
excess of those required by this Agreement.
Page AFF-1
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/23/2022
EXHIBIT “D”
SPECIAL CONDITIONS
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of
the MAG Specifications and MAG Standard Details as amended by City. City’s current
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found
and downloaded from City’s website at http://www.chandleraz.gov/udm.
City Ownership of Project Documents. All work products (electronically or manually
generated) including, but not limited to: plans, specifications, cost estimates, field notes,
tracings, studies, investigations, design analyses, original drawings, original mylars, Computer
Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, and other
related documents which are prepared in the performance of this Agreement (collectively
referred to as "Documents") are to be and remain the property of City and are to be delivered
to the Project Manager before the final payment is made to Consultant. In the event these
Documents are altered, modified or adapted without the written consent of Consultant,
which consent Consultant must not unreasonably withhold, City agrees to hold Consultant
harmless to the extent permitted by law from the legal liability arising out of City's alteration,
modification or adaptation of the Documents.
Re-use of Documents. The parties agree the documents, drawings, specifications and designs,
although the property of City, are prepared for this specific project and are not intended nor
represented by Consultant to be suitable for re-use for any other project. Any re-use without
written verification or adaptation by Consultant for the specific purpose intended will be at
City’s sole risk and without liability or legal exposure to Consultant.
Patent Fees and Royalties. Consultant must pay all license fees and royalties and assume all
costs incidental to the use, in the performance of the work or the incorporation in the work
of any invention, design, process, product, or device which is the subject of patent rights or
copyrights held by others. If a particular invention, design, process, product, or device is
specified in the Agreement for use in the performance of the work and if, to the actual
knowledge of City, its use is subject to patent rights or copyrights calling for the payment of
any license fee or royalty to others, the existence of such rights will be disclosed by City in the
Agreement. Consultant must defend, indemnify and hold harmless City and anyone directly
or indirectly employed by City from and against all claims, damages, losses, and expenses
(including attorneys’ fees) arising out of any infringement of patent rights or copyrights
incidental to the use in the performance of the work, or resulting from the incorporation in
the work of any invention, design, process, product, or device not specified in the Agreement,
and must defend all such claims in connection with any alleged infringement of such rights.
License to City for Reasonable Use. With this Agreement, Consultant and its subconsultants
hereby grant a license to City, its agents, employees, and representatives for an indefinite
period of time to reasonably use, make copies, and distribute as appropriate the Documents,
works or deliverables developed or created as a result of the Project and this Agreement. This
license also includes the making of derivative works.
Page AFF-2
Project Name: SNEDIGAR SPORTS COMPLEX MULTIUSE FIELD TURF CONVERSIONS
Project No.: PR2208.201
Rev. 5/23/2022
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional
seal all plans, works, and deliverables prepared by each for this Agreement as required by
state law.
Work within City's Right-of-Way. All work performed within City's Right-of-Way by Consultant
and Consultant’s subconsultants must comply with City of Chandler requirements.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR
ADDL SUBR
LTR
INSD WVD
PRODUCER
CONTACT
NAME:
FAX
PHONE
(A/C, No):
(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF
POLICY EXP
TYPE OF INSURANCE
LIMITS
(MM/DD/YYYY)
(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE
$
DAMAGE TO RENTED
CLAIMS-MADE
OCCUR
$
PREMISES (Ea occurrence)
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
PRO-
POLICY
LOC
PRODUCTS - COMP/OP AGG
JECT
OTHER:
$
COMBINED SINGLE LIMIT
$
(Ea accident)
ANY AUTO
BODILY INJURY (Per person)
$
OWNED
SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS ONLY
AUTOS
HIRED
NON-OWNED
PROPERTY DAMAGE
$
AUTOS ONLY
AUTOS ONLY
(Per accident)
$
OCCUR
EACH OCCURRENCE
CLAIMS-MADE
AGGREGATE
$
DED
RETENTION $
PER
OTH-
STATUTE
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE
NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE
EXPIRATION
DATE
THEREOF,
NOTICE
WILL
BE
DELIVERED
IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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).
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
CERTIFICATE HOLDER
CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
J2ENG-2
OP ID: K2
06/07/2022
Daniel Born
Stuckey Ins & Assoc Agencies
2850 E Camelback Rd, Suite 325
Phoenix, AZ 85016
Scott Nugent, RPLU
602-264-5533
602-279-9336
Daniel.Born@stuckeyinsurance.com
The Hartford
Hartford Accident&IndemnityCo
J2 Engineering & Environmental Design LLC
4649 E Cotton Gin Loop Ste B2
Phoenix, AZ 85040
Pacific Insurance Co Ltd
A
X
1,000,000
X
X
X
84SBWAJ0UVL
10/23/2021 10/23/2022
1,000,000
10,000
1,000,000
2,000,000
X
2,000,000
1,000,000
B
X
X
X
84UEGAC5529
10/23/2021 10/23/2022
X
X
4,000,000
A
84SBWAJ0UVL
10/23/2021 10/23/2022
4,000,000
10000
X
X
A
X
84WEGAK8H8Z
10/23/2021 10/23/2022
1,000,000
Y
1,000,000
1,000,000
C
CE21OH0404952-21
10/23/2021 10/23/2022 Per Claim
5,000,000
Aggregate
5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Professional Liability - Claims Made - Retro Date 09/01/2002
RE: Project PR2208.201 Snedigar Sports Complex MultiUse Field Turf Conversions;
J2 Project 22.1602
City of Chandler, its agents, representatives, officers, directors,
officals and employees are additional insureds with respect to general and
CZCHA-1
City of Chandler
Paula Brown
215 E Buffalo St
Chandler, AZ 85225
602-264-5533
29424
22357
10046
Professional Liab
Date
HOLDER CODE
INSURED'S NAME
PAGE
NOTEPAD:
auto liability on a primary and non-contributory basis as required by
written contract. Waiver of subrogation applies in favor of the
additional insureds as required by written contract.
CZCHA-1
2
J2 Engineering & Environmental Design LLC
06/07/2022
J2ENG-2
OP ID: K2
Date
HOLDER CODE
INSURED'S NAME
PAGE
NOTEPAD:
auto liability on a primary and non-contributory basis as required by
written contract. Waiver of subrogation applies in favor of the
additional insureds as required by written contract.
CZCHA-1
2
J2 Engineering & Environmental Design LLC
06/07/2022
J2ENG-2
OP ID: K2
Form SL 00 00 10 18
Page 1 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is
and is not covered.
Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The
words "we", "us" and "our" refer to the insurance company shown in the Declarations.
"Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the
expiration date of the Coverage Part as stated in the Declarations or the date of cancellation, whichever is earlier.
The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical
Expenses Definitions.
A.
COVERAGES
1.
Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring
Agreement
a.
We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily
injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have
the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no
duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or
"personal and advertising injury" to which this insurance does not apply.
We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may
result. But:
(1) The amount we will pay for damages is limited as described in Section D. Liability And Medical Expenses
Limits Of Insurance; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment
of judgments, settlements or medical expenses to which this insurance applies.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for
under Coverage Extension - Supplementary Payments.
b.
This insurance applies:
(1) To "bodily injury" and "property damage" only if:
(a) The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the
“coverage territory”;
(b) The "bodily injury" or "property damage" occurs during the policy period; and
(c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. Who Is An Insured and
no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the
"bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or
authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage"
occurred, then any continuation, change or resumption of such "bodily injury" or "property damage"
during or after the policy period will be deemed to have been known prior to the policy period.
(2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the
offense was committed in the "coverage territory" during the policy period.
c.
"Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time
when any insured listed under Paragraph 1. of Section C. Who Is An Insured or any "employee" authorized by
you to give or receive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer;
(2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property
damage"; or
Policy Number: 84SBWAJ0UVL
Form SL 00 00 10 18
Page 2 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun
to occur.
d.
Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of
services or death resulting at any time from the "bodily injury".
e.
Incidental Medical Malpractice
(1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a
physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by
an "occurrence", but only if:
(a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to
provide such services; and
(b) You are not engaged in the business or occupation of providing such services.
(2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or
omission together with all related acts or omissions in the furnishing of these services to any one person
will be considered one "occurrence".
2.
Medical Expenses
Insuring Agreement
a.
We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage territory" and during the policy period;
(2) The expenses are incurred and reported to us within three years of the date of the accident; and
(3) The injured person submits to examination, at our expense, by physicians of our choice as often as we
reasonably require.
b.
We will make these payments regardless of fault. These payments will not exceed the applicable limit of
insurance. We will pay reasonable expenses for:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and
(3) Necessary ambulance, hospital, professional nursing and funeral services.
3.
Coverage Extension - Supplementary Payments
a.
We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of
the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to
furnish these bonds.
(3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the
applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize
these bonds, whether the collateralization is characterized as premium or not.
(4) 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 $500 a day because of time off from work.
(5) All court costs taxed against the insured in the "suit". However, such costs do not include attorneys’ fees,
attorneys’ expenses, witness or expert fees, or any other expenses of a party taxed against the insured.
(6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an
offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that
period of time after the offer.
Form SL 00 00 10 18
Page 3 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we
have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit
of insurance.
Any amounts paid under (1) through (7) above will not reduce the Limits of Insurance.
b.
If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the
"suit", we will defend that indemnitee if all of the following conditions are met:
(1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the
indemnitee in a contract or agreement that is an "insured contract";
(2) This insurance applies to such liability assumed by the insured;
(3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the
insured in the same "insured contract";
(4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict
appears to exist between the interests of the insured and the interest of the indemnitee;
(5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against
such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and
(6) The indemnitee:
(a) Agrees in writing to:
(i)
Cooperate with us in the investigation, settlement or defense of the "suit";
(ii) Immediately send us copies of any demands, notices, summonses or legal papers received in
connection with the "suit";
(iii) Notify any other insurer whose coverage is available to the indemnitee; and
(iv) Cooperate with us with respect to coordinating other applicable insurance available to the
indemnitee; and
(b) Provides us with written authorization to:
(i)
Obtain records and other information related to the "suit"; and
(ii) Conduct and control the defense of the indemnitee in such "suit".
So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee,
necessary litigation expenses incurred by us and necessary litigation expenses incurred by the
indemnitee at our request will be paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be
deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of
Insurance.
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation
expenses as Supplementary Payments ends when:
(1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or
(2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no
longer met.
B.
EXCLUSIONS
1.
Applicable To Business Liability Coverage
This insurance does not apply to:
a.
Expected Or Intended Injury
(1) "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; or
(2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the
consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury".
Form SL 00 00 10 18
Page 4 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
b.
Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured 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 because of:
(a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in
the absence of the contract or agreement; or
(b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract",
provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract
or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable
attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are
deemed to be damages because of "bodily injury" or "property damage" provided:
(i)
Liability to such party for, or for the cost of, that party’s defense has also been assumed in the
same "insured contract"; and
(ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or
alternative dispute resolution proceeding in which damages to which this insurance applies are
alleged.
c.
Liquor Liability
"Bodily injury" or "property damage" for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person;
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of
alcohol;
(3) Providing or failing to provide transportation with respect to any person that may be under the influence of
alcohol; or
(4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring,
employment, training or monitoring of others by an insured, if the “bodily injury” or “property damage” involved
that which is described in Paragraph (1), (2), (3) or (4) above.
However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving
or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic
beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license
is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic
beverages.
d.
Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment
compensation law or any similar law.
e.
Employer’s Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured’s business; or
(2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay damages because of the
injury.
Form SL 00 00 10 18
Page 5 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
This exclusion does not apply to liability assumed by the insured under an "insured contract".
f.
Pollution
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or
threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented
or loaned to any insured. However, this paragraph does not apply to:
(i)
"Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced
by or originating from equipment that is used to heat, cool or dehumidify the building, or
equipment that is used to heat water for personal use, by the building's occupants or their guests;
(ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and
the owner or lessee of such premises, site or location has been added to this Coverage Part as
an additional insured with respect to your ongoing operations performed for that additional
insured at that premises, site or location and such premises, site or location is not and never was
owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or
(iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire";
(b) At or from any premises, site or location which is or was at any time used by or for any insured or
others for the handling, storage, disposal, processing or treatment of waste;
(c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as
waste by or for:
(i)
Any insured; or
(ii) Any person or organization for whom you may be legally responsible;
(d) At or from any premises, site or location on which any insured or any contractors or subcontractors
working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are
brought on or to the premises, site or location in connection with such operations by such insured,
contractor or subcontractor. However, this paragraph does not apply to:
(i)
"Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other
operating fluids which are needed to perform the normal electrical, hydraulic or mechanical
functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or
other operating fluids escape from a vehicle part designed to hold, store or receive them. This
exception does not apply if the "bodily injury" or "property damage" arises out of the intentional
discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels,
lubricants or other operating fluids are brought on or to the premises, site or location with the
intent that they be discharged, dispersed or released as part of the operations being performed
by such insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of
gases, fumes or vapors from materials brought into that building in connection with operations
being performed by you or on your behalf by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or
(e) At or from any premises, site or location on which any insured or any contractors or subcontractors
working directly or indirectly on any insured’s behalf are performing operations if the operations are to
test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or
assess the effects of, "pollutants".
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for,
monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess
the effects of, "pollutants"; or
(b) Claim or “suit” by or on behalf of a governmental authority for damages because of testing for,
monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way
responding to, or assessing the effects of, "pollutants".
Form SL 00 00 10 18
Page 6 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
However, this paragraph does not apply to liability for damages because of "property damage" that the
insured would have in the absence of such request, demand, order or statutory or regulatory requirement,
or such claim or "suit" by or on behalf of a governmental authority.
g.
Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to
others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".
This Exclusion g.(1) applies even if the claims against any insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury”
or “property damage” arises out of the ownership, maintenance, use or entrustment to others of any
aircraft that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to
others of any aircraft (other than “unmanned aircraft”), "auto" or watercraft owned or operated by or
rented or loaned to any insured. Use includes operation and "loading or unloading".
This Exclusion g.(2) applies even if the claims against any insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury"
or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any
aircraft (other than “unmanned aircraft”), "auto" or watercraft that is owned or operated by or rented or
loaned to any insured.
This Exclusion g.(2) does not apply to:
(a) A watercraft while ashore on premises you own or rent;
(b) A watercraft you do not own that is:
(i)
Less than 51 feet long; and
(ii) Not being used to carry persons or property for a charge;
(c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not
owned by or rented or loaned to you or the insured;
(d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft
(other than “unmanned aircraft”) or watercraft;
(e) "Bodily injury" or "property damage" arising out of:
(i)
The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the
definition of "mobile equipment"; or
(ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would
qualify under the definition of “mobile equipment” if it were not subject to a compulsory or financial
responsibility law or other motor vehicle insurance or motor vehicle registration law where it is
licensed or principally garaged; or
(f)
An aircraft (other than “unmanned aircraft”) that is not owned by any insured and is hired, chartered
or loaned with a paid crew. However, this exception does not apply if the insured has any other
insurance for such "bodily injury" or "property damage", whether the other insurance is primary,
excess, contingent or on any other basis.
h.
Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any
insured; or
(2) The use of “mobile equipment” in, or while in practice or preparation for, a prearranged racing, speed or
demolition contest or in any stunting activity.
Form SL 00 00 10 18
Page 7 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
i.
War
"Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or
indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected
attack, by any government, sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering
or defending against any of these.
j.
Professional Services
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure
to render any professional service. This includes but is not limited to:
(1) Legal, accounting or advertising services;
(2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders, designs or drawings and specifications;
(3) Supervisory, inspection, architectural or engineering activities;
(4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction;
(5) Any health or therapeutic service treatment, advice or instruction;
(6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair
removal or replacement or personal grooming;
(7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution
of ophthalmic lenses and similar products or hearing aid devices;
(8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing,
preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products;
(9) Any:
(a) Body piercing (not including ear piercing);
(b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and
(c) Similar services;
(10)Pharmaceutical services including but not limited to:
(a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs,
vaccinations, immunizations or any of their component parts;
(b) The providing of or failure to provide home health care or home infusion products or services; and
(c) Advising and consulting customers;
(11)Computer consulting, design or programming services, including web site design.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring,
employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or
“personal and advertising injury” arises out of the rendering of or the failure to render any professional
service.
Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded
under Paragraph 1.e. in Section A. Coverages.
k.
Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person,
organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property
for any reason, including prevention of injury to a person or damage to another's property;
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premises;
Form SL 00 00 10 18
Page 8 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(3) Property loaned to you;
(4) Personal property in the care, custody or control of the insured;
(5) That particular part of real property on which you or any contractors or subcontractors working directly or
indirectly on your behalf are performing operations, if the "property damage" arises out of those
operations; or
(6) That particular part of any property that must be restored, repaired or replaced because "your work" was
incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by
fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer
consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as
described in Section D. Limits Of Insurance.
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.
Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while
not being used to perform operations at a job site.
Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed
operations hazard".
l.
Damage To Your Product
"Property damage" to "your product" arising out of it or any part of it.
m. 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 if the damaged work or the work out of which the damage arises was
performed on your behalf by a subcontractor.
n.
Damage To Impaired Property Or Property Not Physically Injured
"Property damage" to "impaired property" or property that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or
(2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in
accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental
physical injury to "your product" or "your work" after it has been put to its intended use.
o.
Recall Of Products, Work Or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal,
recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is withdrawn or recalled from the market or from use by any person or
organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.
p.
Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the
direction of the insured with knowledge of its falsity;
Form SL 00 00 10 18
Page 9 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(2) Arising out of oral, written, electronic, or any other manner of publication of material whose first
publication took place before the beginning of the policy period;
(3) Arising out of a criminal act committed by or at the direction of the insured;
(4) Arising out of any breach of contract, except an implied contract to use another’s "advertising idea" in
your "advertisement";
(5) Arising out of the failure of goods, products or services to conform with any statement of quality or
performance made in your "advertisement";
(6) Arising out of the wrong description of the price of goods, products or services;
(7) Arising out of:
(a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright,
patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other
designation of origin or authenticity; or
(b) Any injury or damage alleged in any claim or “suit” that also alleges an infringement or violation of any
intellectual property right, whether such allegation of infringement or violation is made against you, or
by you or by any other party involved in the claim or “suit”, regardless of whether this insurance would
otherwise apply.
However, this exclusion does not apply if the only allegation in the claim or “suit” involving any intellectual
property right is limited to:
(i)
Infringement, in your “advertisement”, of:
a.
Copyright;
b.
Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other
designation of origin or authenticity; or
c.
Title of any literary or artistic work; or
(ii) Copying, in your “advertisement”, a person’s or organization’s “advertising idea” or style of
“advertisement”.
Paragraph (7)(b)ii above shall not apply to claims or “suits” alleging infringement or violation of trademark,
trade dress, trade name, service mark or other designation of origin or authenticity.
(8) Arising out of an offense committed by an insured whose business is:
(a) Advertising, broadcasting, publishing or telecasting;
(b) Designing or determining content of web sites for others; or
(c) An Internet search, access, content or service provider.
However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and
advertising injury" in Section F. Liability And Medical Expenses Definitions.
For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or
others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting,
publishing or telecasting;
(9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured
exercises control;
(10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or
metatags, or any other similar tactics to mislead another's potential customers;
(11)Arising out of the violation of a person's right of privacy created by any state or federal act.
However, this exclusion does not apply to liability for damages that the insured would have in the
absence of such state or federal act;
(12)Arising out of:
(a) Advertising content for others on your web site;
(b) Placing a link to a web site of others on your web site;
Form SL 00 00 10 18
Page 10 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(c) Content from a web site of others displayed within a frame or border on your web site. Content
includes information, code, sounds, text, graphics or images; or
(d) Computer code, software or programming used to enable:
(i)
Your web site; or
(ii) The presentation or functionality of an "advertisement" or other content on your web site;
(13)Arising out of a violation of any anti-trust law;
(14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities;
(15)Arising out of any access to or disclosure of any person's or organization's confidential or personal
information, including patents, trade secrets, processing methods, customer lists, financial information,
credit card information, health information or any other type of nonpublic information.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,
forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others
arising out of any access to or disclosure of any person's or organization's confidential or personal
information; or
(16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an
"unmanned aircraft". Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and
advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft
that is an "unmanned aircraft".
However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual
property right which is limited to:
(a) Infringement, in your "advertisement", of:
(i)
Copyright;
(ii) Slogan; or
(iii) Title of any literary or artistic work; or
(b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of
"advertisement".
q.
Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability
(1) Damages because of “bodily injury” or “property damage” arising out of any access to or disclosure of any
person’s or organization’s confidential or personal information, including patents, trade secrets,
processing methods, customer lists, financial information, credit card information, health information or
any other type of nonpublic information; or
(2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability
to manipulate "electronic data".
This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses,
forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others
arising out of that which is described in Paragraphs (1) or (2) above.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of “bodily
injury”.
r.
Employment-Related Practices
"Bodily injury" or "personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
Form SL 00 00 10 18
Page 11 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation,
reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution
or false arrest directed at that person; or
(2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal
and advertising injury" to that person at whom any of the employment-related practices described in
Paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury-causing event described in Paragraphs (a), (b), or (c) above occurs before
employment, during employment or after employment of that person;
(2) Whether the insured may be liable as an employer or in any other capacity; and
(3) To any obligation to share damages with or repay someone else who must pay damages because of the
injury.
s.
Asbestos
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos
hazard".
(2) Any damages, judgments, settlements, loss, costs or expenses that:
(a) May be awarded or incurred by reason of any claim or “suit” alleging actual or threatened injury or
damage of any nature or kind to persons or property which would not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or
others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any
way respond to or assess the effects of an "asbestos hazard"; or
(c) Arise out of any claim or “suit” for damages because of testing for, monitoring, cleaning up, removing,
encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or
assessing the effects of an "asbestos hazard".
t.
Recording And Distribution Of Material Or Information In Violation Of Law
"Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any
action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
(2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair
and Accurate Credit Transaction Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003
or FCRA and their amendments and additions, that addresses, prohibits or limits the printing,
dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of
material or information.
Damage To Premises Rented To You – Exception For Damage By Fire, Lightning Or Explosion
Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises
rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies
to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance.
2.
Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a.
Any Insured
To any insured, except "volunteer workers".
b.
Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured.
Form SL 00 00 10 18
Page 12 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
c.
Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies.
d.
Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or
must be provided under a workers' compensation or disability benefits law or a similar law.
e.
Athletics Activities
To a person injured while practicing, instructing or participating in any physical exercises or games, sports or
athletic contests.
f.
Products-Completed Operations Hazard
Included with the "products-completed operations hazard".
g.
Business Liability Exclusions
Excluded under Business Liability Coverage.
C.
WHO IS AN INSURED
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, other
than that described in b. through e. below, of which you are the sole owner.
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.
Employees And Volunteer Workers
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 insureds 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), or 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 that "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.
If you are not in the business of providing professional health care services, Paragraph (d) does not apply
to any nurse, emergency medical technician or paramedic employed by you to provide such services.
(2) "Property damage" to property:
Form SL 00 00 10 18
Page 13 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(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.
Real Estate Manager
Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real
estate manager.
c.
Temporary Custodians Of Your Property
Any person or organization having proper temporary custody of your property if you die, but only:
(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.
Legal Representative If You Die
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 insurance.
e.
Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a
financial interest of more than 50% of the voting stock on the effective date of this Coverage Part.
The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not
apply to injury or damage with respect to which an insured under this insurance is also an insured under
another policy or would be an insured under such policy but for its termination or upon the exhaustion of its
limits of insurance.
3.
Newly Acquired Or Formed Organization
Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company,
and over which you maintain financial interest of more than 50% of the voting stock, 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 only until the 180th day after you acquire or form the organization or
the end of the policy period, whichever is earlier; and
b.
Coverage under this provision does not apply to:
(1) "Bodily injury" or "property damage" that occurred; or
(2) "Personal and advertising injury" arising out of an offense committed
before you acquired or formed the organization.
4.
Operator Of Mobile Equipment
With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway
with your permission. Any other person or organization responsible for the conduct of such person is also an
insured, but only with respect to liability arising out of the operation of the equipment, and only if no other
insurance of any kind is available to that person or organization for this liability. However, no person or
organization is an insured with respect to:
a.
"Bodily injury" to a co-"employee" of the person driving the equipment; or
b.
"Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of
any person who is an insured under this provision.
5.
Operator Of Nonowned Watercraft
With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or
property for a charge, any person is an insured while operating such watercraft with your permission. Any other
person or organization responsible for the conduct of such person is also an insured, but only with respect to
liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an insured with respect to:
Form SL 00 00 10 18
Page 14 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
a.
"Bodily injury" to a co-"employee" of the person operating the watercraft; or
b.
"Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of
any person who is an insured under this provision.
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.
D.
LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE
1.
The Most We Will Pay
The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the
number of:
a.
Insureds;
b.
Claims made or "suits" brought; or
c.
Persons or organizations making claims or bringing "suits".
2.
Aggregate Limits
The most we will pay for:
a.
Damages because of "bodily injury" and "property damage" included in the "products-completed operations
hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations.
b.
Damages because of all other "bodily injury", "property damage" or "personal and advertising injury",
including medical expenses, is the General Aggregate Limit shown in the Declarations.
This General Aggregate limit does not apply to "property damage" to premises while rented to you or
temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion.
3.
Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all
"bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and
Medical Expenses Limit shown in the Declarations.
The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the
Medical Expenses Limit shown in the Declarations.
4.
Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising
injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the
Declarations.
5.
Damage To Premises Rented To You Limit
The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for
damages because of "property damage" to any one premises, while rented to you, or in the case of damage by
fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner.
In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all
damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or
any combination of these.
6.
How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part
is the lesser of:
a.
The limits of insurance required in a written contract, written agreement or permit; or
b.
The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and
described in this Section.
If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or
"suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all
Form SL 00 00 10 18
Page 15 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit
set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any
remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations,
unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the
additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
E.
LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1.
Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this
Coverage Part.
2.
Duties In The Event Of Occurrence, Offense, Claim Or Suit
a.
Notice Of Occurrence Or Offense
You or any additional insured under this Coverage Part must see to it that we are notified as soon as
practicable of an "occurrence" or an offense which may result in a claim. 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.
b.
Notice Of Claim
If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage
Part must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured under this Coverage Part must see to it that we receive a written notice of the
claim or "suit" as soon as practicable.
c.
Assistance And Cooperation Of The Insured
You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection
with the claim or “suit”;
(2) Authorize us to obtain records and other information;
(3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and
(4) Assist us, upon our request, in the enforcement of any right against any person or organization that may
be liable to the insured because of injury or damage to which this insurance may also apply.
d.
Obligations At The Insured's Own Cost
No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or
incur any expense, other than for first aid, without our consent.
e.
Additional Insured's Other Insurance
If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available
to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to
the other insurer for defense and indemnity.
However, this provision does not apply to the extent that you have agreed in a written contract, written
agreement or permit that this insurance is primary and non-contributory with such additional insured's own
insurance.
f.
Knowledge Of An Occurrence, Offense, Claim Or Suit
Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such
"occurrence", offense, claim or "suit" is known to:
Form SL 00 00 10 18
Page 16 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(1) You or any additional insured under this Coverage Part that is an individual;
(2) Any partner, if you or an additional insured under this Coverage Part is a partnership;
(3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company;
(4) Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a
corporation;
(5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or
(6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political
subdivision or public entity.
This Paragraph f. applies separately to you and any additional insured under this Coverage Part.
3.
Legal action Against Us
No person or organization has a right under this Coverage Part:
a.
To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or
b.
To sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an
insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in
excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability
signed by us, the insured and the claimant or the claimant's legal representative.
4.
Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the
first Named Insured, this insurance applies:
a.
As if each Named Insured were the only Named Insured; and
b.
Separately to each insured against whom a claim is made or "suit" is brought.
5.
Representations
a.
When You Accept This Policy
By accepting this Policy, you agree:
(1) The statements in the Declarations are accurate and complete;
(2) Those statements are based upon representations you made to us; and
(3) We have issued this Policy in reliance upon your representations.
b.
Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the
inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of
such failure.
6.
Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations
are limited as follows:
a.
Primary Insurance
This insurance is primary except when b. below applies. If other insurance is also primary, we will share with
all that other insurance by the method described in c. below.
b.
Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other
basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program
or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for
"your work";
Form SL 00 00 10 18
Page 17 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(2) Premises Rented To You
That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you
with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises
rented to you or temporarily occupied by you with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to
Exclusion g. of Section B. Exclusions.
(5) Property Damage To Borrowed Equipment Or Use Of Elevators
If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not
subject to Exclusion k. of Section B. Exclusions.
(6) When You Are Added As An Additional Insured To Other Insurance
That is other insurance available to you covering liability for damages arising out of the premises or
operations, or products and completed operations, for which you have been added as an additional
insured by that insurance; or
(7) When You Add Others As An Additional Insured To This Insurance
That is other insurance available to an additional insured.
However, the following provisions apply to other insurance available to any person or organization who is
an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract, written agreement or permit that
this insurance be primary. If other insurance is also primary, we will share with all that other insurance
by the method described in c. below.
(b) Primary And Non-Contributory To Other Insurance When Required By Contract
If you have agreed in a written contract, written agreement or permit that this insurance is primary and
non-contributory with the additional insured's own insurance, this insurance is primary and we will not
seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as
an additional insured.
When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against
any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends,
we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if
any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance;
and
(2) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess
Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in
the Declarations of this Coverage Part.
c.
Method Of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also. Under this
approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of
the loss remains, whichever comes first.
Form SL 00 00 10 18
Page 18 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under
this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total
applicable limits of insurance of all insurers.
7.
Transfer Of Rights Of Recovery Against Others To Us
a.
Transfer Of Rights Of Recovery
If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have
made under this Coverage Part, 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. This condition does not apply to Medical Expenses Coverage.
b.
Waiver Of Rights Of Recovery (Waiver Of Subrogation)
If the insured has waived any rights of recovery against any person or organization for all or part of any
payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that
right, provided the insured waived their rights of recovery against such person or organization in a contract,
agreement or permit that was executed prior to the injury or damage.
F.
LIABILITY AND MEDICAL EXPENSES DEFINITIONS
1.
"Advertisement" means a notice that is broadcast or published to the general public or specific market segments
about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of
this definition:
a.
Notices that are published include material placed on the Internet or on similar electronic means of
communication; and
b.
Regarding web sites, only that part of a web site that is about your goods, products or services for the
purpose of attracting customers or supporters is considered an advertisement.
2.
"Advertising idea" means any idea for an "advertisement".
3.
"Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and
includes the mere presence of asbestos in any form.
4.
"Auto" means:
a.
A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached
machinery or equipment; or
b.
Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle
insurance or motor vehicle registration law where it is licensed or principally garaged.
However, "auto" does not include "mobile equipment".
5.
"Bodily injury" means physical:
a.
Injury;
b.
Sickness; or
c.
Disease
sustained by a person and, if arising out of the above, mental anguish or death at any time.
6.
"Coverage territory" means:
a.
The United States of America (including its territories and possessions), Puerto Rico and Canada;
b.
International waters or airspace, but only if the injury or damage occurs in the course of travel or
transportation between any places included in a. above;
c.
All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in the territory described in a. above;
(2) The activities of a person whose home is in the territory described in a. above, but is away for a short time
on your business; or
Form SL 00 00 10 18
Page 19 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(3) "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 the United States of America (including its
territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in
such territory, or in a settlement we agree to.
7.
"Electronic data" means information, facts or computer programs stored as or on, created or used on, or
transmitted to or from computer software (including systems and applications software), on hard or floppy disks,
CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are
used with electronically controlled equipment. The term computer programs, referred to in the foregoing
description of “electronic data”, means a set of related electronic instructions which direct the operations and
functions of a computer or device connected to it, which enable the computer or device to receive, process, store,
retrieve or send data.
8.
"Employee" includes a "leased worker". "Employee" does not include a "temporary worker".
9.
"Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-
laws or any other similar governing document.
10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.
11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is
less useful because:
a.
It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or
dangerous; or
b.
You have failed to fulfill the terms of a contract or agreement;
if such property can be restored to use by:
a.
The repair, replacement, adjustment or removal of "your product" or "your work"; or
b.
Your fulfilling the terms of the contract or agreement.
12. "Insured contract" means:
a.
A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to
you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises
Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance.
b.
A sidetrack agreement;
c.
Any easement or license agreement, including an easement or license agreement in connection with
construction or demolition operations on or within 50 feet of a railroad;
d.
Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e.
An elevator maintenance agreement; or
f.
That part of any other contract or agreement pertaining to your business (including an indemnification of a
municipality in connection with work performed for a municipality) under which you assume the tort liability of
another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability
means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or
"property damage" arising out of construction or demolition operations within 50 feet of any railroad property
and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing.
However, Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders, designs or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage; or
Form SL 00 00 10 18
Page 20 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in (1)
above and supervisory, inspection, architectural or engineering activities.
13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the
labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a
"temporary worker".
14. "Loading or unloading" means the handling of property:
a.
After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or
"auto";
b.
While it is in or on an aircraft, watercraft or "auto"; or
c.
While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered;
but "loading or unloading" does not include the movement of property by means of a mechanical device, other
than a hand truck, that is not attached to the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or
equipment:
a.
Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
b.
Vehicles maintained for use solely on or next to premises you own or rent;
c.
Vehicles that travel on crawler treads;
d.
Vehicles, whether self-propelled or not, on which are permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or
(2) Road construction or resurfacing equipment such as graders, scrapers or rollers;
e.
Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to
provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers;
f.
Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation
of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile
equipment" but will be considered "autos":
(1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment.
However, “mobile equipment” does not include any land vehicle that is subject to a compulsory or financial
responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or
principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle
insurance law or motor vehicle registration law are considered “autos”.
16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general
harmful conditions.
17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more
of the following offenses:
Form SL 00 00 10 18
Page 21 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
a.
False arrest, detention or imprisonment;
b.
Malicious prosecution;
c.
The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room,
dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord
or lessor;
d.
Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or
organization or disparages a person's or organization's goods, products or services;
e.
Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy;
f.
Copying, in your "advertisement", a person’s or organization’s "advertising idea" or style of "advertisement"; or
g.
Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement".
18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
19. "Products-completed operations hazard";
a.
Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising
out of "your product" or "your work" except:
(1) Products that are still in your physical possession; or
(2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be
completed at the earliest of the following times:
(a) When all of the work called for in your contract has been completed.
(b) When all of the work to be done at the job site has been completed if your contract calls for work at
more than one job site.
(c) When that part of the work done at a job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as completed.
The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your
business includes the selling, handling or distribution of "your product" for consumption on premises you own
or rent.
b.
Does not include "bodily injury" or "property damage" arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not
owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by
any insured; or
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.
20. "Property damage" means:
a.
Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall
be deemed to occur at the time of the physical injury that caused it; or
b.
Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at
the time of "occurrence" that caused it.
As used in this definition, "electronic data" is not tangible property.
21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and
advertising injury" to which this insurance applies are alleged. "Suit" includes:
a.
An arbitration proceeding in which such damages are claimed and to which the insured must submit or does
submit with our consent; or
b.
Any other alternative dispute resolution proceeding in which such damages are claimed and to which the
insured submits with our consent.
Form SL 00 00 10 18
Page 22 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or
to meet seasonal or short-term workload conditions.
23. "Unmanned aircraft" means an aircraft that is not:
a.
Designed;
b.
Manufactured; or
c.
Modified after manufacture;
to be controlled directly by a person from within or on the aircraft.
24. "Volunteer worker" means a person who:
a.
Is not your "employee";
b.
Donates his or her work;
c.
Acts at the direction of and within the scope of duties determined by you; and
d.
Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
25. "Your product":
a.
Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of
by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and
(2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods
or products.
b.
Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability,
performance or use of "your product"; and
(2) The providing of or failure to provide warnings or instructions.
c.
Does not include vending machines or other property rented to or located for the use of others but not sold.
26. "Your work":
a.
Means:
(1) Work or operations performed by you or on your behalf; and
(2) Materials, parts or equipment furnished in connection with such work or operations.
b.
Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability,
performance or use of "your work"; and
(2) The providing of or failure to provide warnings or instructions.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 10 18
Page 1 of 3
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A.
The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit
The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have
agreed, in a written contract or written agreement, or when required by a written permit issued by a state or
governmental agency or subdivision or political subdivision that such person or organization be added as an
additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the
contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the
contract, agreement or permit.
However, no such person or organization is an additional insured under this provision if such person or organization is
included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The insurance afforded to such additional insured will not be broader than that which you are required by the contract,
agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL
EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional
insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS.
a.
Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property
damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business
and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply 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 the 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 the products;
(f)
Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
(g) 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; or
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 10 18
Page 2 of 3
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(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:
(i)
The exceptions contained in Paragraphs (d) or (f); or
(ii) 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.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
b.
Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily
injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your
maintenance, operation or use of equipment leased to you by such person or organization.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any
"occurrence" which takes place after you cease to lease that equipment.
c.
Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out
of the ownership, maintenance or use of that part of the land or premises leased to you.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
(b) Structural alterations, new construction or demolition operations performed by or on behalf of such person
or organization.
d.
Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or
omissions of those acting on your behalf:
(a) In connection with your premises; or
(b) In the performance of your ongoing operations performed by you or on your behalf.
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
(a) This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury"
arising out of the rendering of or the failure to render any professional services, including:
(i)
The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders, designs or drawings and specifications; or
(ii) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring,
employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or
“personal and advertising injury” arises out of the rendering of or the failure to render any professional
service.
(b) This insurance does not apply to "bodily injury" or "property damage" included within the "products-
completed operations hazard”.
e.
State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit
(1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations
performed by you or on your behalf for which the state or governmental agency or subdivision or political
subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed
for the federal government, state or municipality; or
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 10 18
Page 3 of 3
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard".
f.
Any Other Party
(1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a.
through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those
acting on your behalf:
(a) In the performance of your ongoing operations performed by you or on your behalf;
(b) In connection with your premises owned by or rented to you; or
(c) In connection with "your work" and included within the "products-completed operations hazard", but only
if:
(i)
The written contract, written agreement or permit requires you to provide such coverage to such
additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the
"products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising
out of the rendering of, or the failure to render, any professional architectural, engineering or surveying
services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders, designs or drawings and specifications; or
(b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring,
employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or
“personal and advertising injury” arises out of the rendering of or the failure to render any professional service
described in Paragraphs f.(2)(a) or f.(2)(b) above.
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12
of ISO Properties, Inc., with its permission.)
Page 1 of 5
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply.
1.
BROAD FORM INSURED
A.
Subsidiaries
and
Newly
Acquired
or
Formed Organizations
The
Named
Insured
shown
in
the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary
in
which
you
have
an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include
any
subsidiary
that
is
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 Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership.
However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That
is
a
partnership
or
joint
venture,
(b) That is an "insured" under any other
policy,
(c) That
has
exhausted
its
Limit
of
Insurance under any other policy, or
(d) 180
days
or
more
after
its
acquisition
or
formation
by
you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply
to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B.
Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d.
Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow
in
your
business
or
your
personal affairs.
C.
Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e.
The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The
agreement
requires
you
to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
D.
Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f.
When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an
additional
insured
on
your
business auto policy, such person or
organization is an "insured", but only
to
the
extent
such
person
or
organization
is
liable
for
"bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured
with
regard
to
the
ownership, maintenance or use of a
covered "auto."
Policy Number: 84UEGAC5529
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12
of ISO Properties, Inc., with its permission.)
Page 2 of 5
The insurance afforded to any such
additional insured applies only if the
"bodily
injury"
or
"property
damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or
written
agreement
that
another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the
written
contract
or
written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by
other
insurance
available
to
an
additional
insured,
such
additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or
written
agreement
that
another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES
IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR
LOSS
–
OF
SECTION
IV
–
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
E.
Primary
and
Non-Contributory
if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured
If
Required
by
Contract,
the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement
that
this
insurance
be
primary.
If
other
insurance
is
also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek
contribution
from
that
other
insurance.
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.
When
this
insurance
is
excess
over
other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The
total
amount
that
all
such
other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.
2.
AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12
of ISO Properties, Inc., with its permission.)
Page 3 of 5
If
an
"employee’s"
personal
insurance
also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be
primary
to
the
"employee’s"
personal
insurance.
3.
AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply
if
you
have
workers'
compensation
insurance
in-force
covering
all
of
your
"employees".
Coverage is excess over any other collectible
insurance.
4.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage
and
if
Comprehensive,
Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The
cost
of
repairing
or
replacing
the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable
to
any
owned
"auto"
for
that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss,
subject
to a
maximum of
$1000
per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
5.
PHYSICAL
DAMAGE
-
ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6.
LOAN/LEASE GAP COVERAGE
Under SECTION III
- PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any
amounts
representing
taxes;
overdue
payments;
penalties,
interest
or
charges
resulting
from
overdue
payments;
additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned
by
the
lessor;
costs
for
extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and
carry-over balances from previous
loans or leases.
7.
AIRBAG COVERAGE
Under
Paragraph
B.
EXCLUSIONS
-
of
SECTION
III
-
PHYSICAL
DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8.
ELECTRONIC EQUIPMENT
- BROADENED
COVERAGE
a. The
exceptions
to
Paragraphs
B.4
-
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss",
is:
(1)
Permanently installed in or upon
the covered "auto";
(2)
Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
(3)
An integral part of the same unit
housing
any
electronic
equipment
described
in
Paragraphs (1) and (2) above; or
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12
of ISO Properties, Inc., with its permission.)
Page 4 of 5
(4)
Necessary
for
the
normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section III – Version CA 00 01 03 10 of the
Business
Auto
Coverage
Form,
Physical
Damage
Coverage,
Limit
of
Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage
Coverage,
Limit
of
Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any
one
"accident"
to
all
electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that
reproduces,
receives
or
transmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally
used
by
the
"auto"
manufacturer for the installation of
such equipment;
(2) Removable
from
a
permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c.For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the
applicable
deductible
shown
in
the
Declarations, or $250, whichever deductible is
less.
9.
EXTRA
EXPENSE
-
BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III
-
PHYSICAL
DAMAGE
COVERAGE,
the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III
-
PHYSICAL
DAMAGE
COVERAGE,
the
following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage
Form
is
not
the
smaller
(or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED
DUTIES
IN
THE
EVENT
OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL
FAILURE
TO
DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of
SECTION
IV
-
BUSINESS
AUTO
CONDITIONS is replaced by the following:
e.
For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily
injury"
or
"property
damage"
is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
15. WAIVER OF SUBROGATION
TRANSFER
OF
RIGHTS
OF
RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12
of ISO Properties, Inc., with its permission.)
Page 5 of 5
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver
because
of
payments
we
make
for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph
2.
of
the
COMMON
POLICY
CONDITIONS
-
CANCELLATION
-
applies
except as follows:
If
we
cancel
for
any
reason
other
than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18. HYBRID,
ELECTRIC,
OR
NATURAL
GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this
Coverage
Form,
then
such
Physical
Damage Coverages are amended as follows:
a.If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto’s
actual
cash
value
or
replacement
cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid,
Electric,
or
Natural
Gas
Vehicle
Payment Coverage
provision
for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs
or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 09/14/21
Policy Expiration Date: 10/23/22
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 84 WEG AK8H8Z
Endorsement Number:
Effective Date: 10/23/21
Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: J2 ENGINEERING & ENVIRONMENTAL DESIGN LLC
4649 E COTTON GIN LOOP # B2
PHOENIX AZ 85040
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk