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Project Name: POLICE WORK AREA AND STORAGE RENOVATION
Page 1
Project No.: PD2205.452
Rev. 11/10/22
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services
POLICE WORK AREA AND STORAGE RENOVATION
Project No. PD2205.452
Council Date: January 26, 2023 Item No.
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2023
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and Kitchell/CEM, Inc., a California corporation, ("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 Construction Management Services for
POLICE WORK AREA AND STORAGE RENOVATION 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 enter into an Agreement 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
the most suitable grade and quality for the intended purpose of the work or service.
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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 212
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 $142,940 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:
Project Name: POLICE WORK AREA AND STORAGE RENOVATION
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Project No.: PD2205.452
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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: Jason Gargcia, Construction Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3453
Email: jason.garcia@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Kitchell CEM, Inc.
Mailing Address:
2450 Venture Oaks Way, Ste. 500 Sacramento CA
95833
Physical Address:
Statutory Agent Name: David Koval
Statutory Agent Mailing Address:
1707 E Highland Ave., Ste. 100,
Phoenix AZ 85016
Statutory Agent Physical Address:
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Damian J. Glaze
Title:
Regional Executive
Phone: 602-266-1970
Email:
dglaze@kitchell.com
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 Agreement 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 Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
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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 Agreement 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
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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.
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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
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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 an Agreement
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 an
Agreement 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 Agreement 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
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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
Agreement with City, Consultant must first notify City as set forth in this Section of the request
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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
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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.
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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.
5.44 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.45 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.
Project Name: POLICE WORK AREA AND STORAGE RENOVATION
Page A-1
Project No.: PD2205.452
Rev. 11/10/22
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
Kitchell CEM
1707 East Highland Avenue | Suite 157 | Phoenix, Arizona 85016 | Phone 602.266.1970 | www.kitchell.com
Date: Nov. 3, 2022
Mr. Paul Ahlas
Construction Project Manager
Public Works & Utilities
Capital Projects Division
City of Chandler
215 E. Buffalo Street
Chandler, AZ 85225
RE: City of Chandler Police Work Area and Storage Renovation - Project Number: PD2205.451 –
Professional Services Construction Management Proposal rev. 1
Mr. Ahlas,
We are pleased to submit the attached proposal with Exhibit A Scope and Exhibit B Fee Schedule for
the City of Chandler Police Work Area and Storage Renovation project construction management
services.
The attached pricing is based on pre-construction and construction phase services with construction
estimated to begin in January, 2023. Overall construction duration is anticipated to be 212 calendar
days, including approximately 30 days of contract closeout and acceptance.
We are proposing a Construction Manager on a half-time basis to provide construction phase
construction management duties as an extension of your staff from the notice to proceed through the
completion of the closeout phase. We are also proposing an Assistant Construction Manager in a
supporting role to assist with field observation and project administration from the start of the
construction phase through substantial completion of the construction at around 10 hrs/week on
average. We propose these services at the cost of $142,940.
Kitchell has included a $7,500 Owner’s allowance for use with the City’s approval to cover unforeseen
project supervision, project schedule over-run, or other unforeseen costs.
Additional, computers, cell phones and direct cost have been included for personnel designated for
direct assignment to the project.
Sincerely,
Clay Cornwell
Project Manager
Enclosures: Exhibit A – Scope of Services
Exhibit B – Fee Schedule
1
EXHIBIT “A”
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES – PD2205.451
PROJECT TASKS
1.
PRE-CONSTRUCTION ASSISTANCE
A. Task 1.1 Preconstruction Assistance
1. NA (covered under separate task order)
2.
CONSTRUCTION MANAGEMENT
A. Task 2.1 Weekly Construction Meetings
i. Consultant must conduct weekly construction meetings. Each meeting
includes agenda and minutes; Request for Information Log; Submittal Log;
Field Directive Log; Material Certification; and Allowance Logs. Consultant
assumes approximately 28 weekly meetings will be held.
B. Task 2.2 CPM Schedule
i. Consultant must review and evaluate Contractor’s initial CPM schedule and
provide recommendations for acceptance.
ii. Consultant must review Contractor’s monthly CPM schedule updates
submitted with each payment application, identify CPM tasks behind schedule
that may affect critical path items, project substantial and final completion
dates and initiate correspondence to City regarding those tasks. Consultant
assumes 6 reviews of updated CPM schedule. Consultant assumes a (212)
calendar day duration. Critical Path Method schedule update reviews will be
formalized as part of a monthly project report.
C. Task 2.3 Requests for Information (RFI’s)
i. Consultant must review, evaluate, and respond to or coordinate responses
from the Designer of all Contractor Requests for Information (RFI’s).
Consultant will monitor General Contractor’s RFI log, and maintain parallel RFI
log.
D. Task 2.4 Shop Drawing Submittals
i. Consultant must review, evaluate, and respond to Contractor shop drawing
submittals. Consultant will coordinate and formalize project Owner comments
for inclusion by Architect in formal response. If Procore is used, coordinated
submittal responses will be entered directly into database and submittal logs
will be generated from this common database.
E. Task 2.5 Requests for Proposal (RFP)
2
i. Consultant must prepare Requests for Proposal (RFP) documents detailing
requested additional work tasks; review and evaluate Contractor RFP
responses (cost derivations) with approval recommendations; and prepare
and maintain a submittal log list of all RFP’s.
F. Task 2.6 Field Directives (FD’s)
i. Consultant must prepare Field Directive (FD) documents detailing requested
additional work tasks; review and evaluate Contractor FD responses with
approval recommendations; and prepare and maintain a log of all FD’s along
with status.
G. Task 2.7 Contractor Payment Applications
i. Consultant must review and evaluate Contractor monthly payment
applications and make recommendation for payment; payments will be based
on percentages complete of approved schedule of values construction line
items. Consultant will coordinate payment application with the inspectors’
QA/QC reports and only recommend approval of installed materials that meet
the contract requirements. Consultant assumes approximately 8 payment
applications. Payment applications shall be assessed for completeness
including:
1. Correct and complete schedule of values
2. Proper conditional and unconditional lien releases
3. Updating of as-built drawings
4. Submission of update schedule
H. Task 2.8 Public Outreach
i. NA.
3.
CONSTRUCTION INSPECTION
A. Task 3.1 Inspection Services
i. Consultant must provide daily construction inspection to verify materials and
installations conform to construction documents; prepare daily inspection
reports documenting Contractor construction activities and progress during
field inspection visits. Consultant assumes 1 inspector 6 hours per week for 7
months.
B. Task 3.2 Landscape / Irrigation Inspection Services
i. NA
C. Task 3.3 Project Closeout
i. Consultant must compile non-conformance list prior to Substantial
Completion; schedule and conduct Substantial Completion inspection;
prepare Substantial Completion punch list generated from Substantial
3
Completion inspection; track items on punch list and note completed items;
and complete and distribute Substantial Completion certificates.
ii. Consultant must schedule and conduct Final Completion inspection; and
complete and distribute Final Completion certificates.
iii. Consultant will review and recommend approval of General Contractor
closeout submittals, including manufacturer’s warranty, O&M manuals,
startup reports, certifications, and training materials.
4.
UTILITY COORDINATION
A. Task 4.1 Utility Coordination
i. Consultant will coordinate any utility identification, planned shutdowns, and
testing directly with General Contractor, Building Owner, and AHJ Inspectors.
Consultant will familiarize themselves and implement any and all utility
interruption procedures required to maintain facility functionality as required
by the Facility Owner. Utilities also include energized systems:
1. Electrical and lighting systems,
2. Air handlers and exhaust fans,
3. Fire alarm systems,
4. Fire sprinkler systems,
5. Compressed gas services,
6. Potable water services,
7. Irrigation water,
8. Access control services,
9. Building automation systems,
10. EMS communications infrastructure,
11. Emergency power systems for operational spaces,
12. And data/telecom systems that impact areas of the building outside of
the enclosed limits of construction.
5.
MATERIALS TESTING
A. Task 5.1 Quality Control
i. NA.
B. Task 5.2 Quality Assurance (QA) Test Program
i. Consultant will review and confirm any 3rd party materials and code inspection
reports.
4
6.
RECORD DRAWINGS
A. Task 6.1 Record Drawings
i. Review and monitor Contractor’s weekly updates on red-line drawing set.
ii. Review and recommend actions on the final red-line as built set submitted as a
post-construction submittal for project completion.
ASSUMPTION, CLARIFICATIONS, AND EXCLUSIONS
1.
Application fees for City reviews and permits will be paid by CITY.
2.
The Owner’s Allowance will only be utilized with prior written approval from the City
representative.
3.
Mechanical commissioning services are excluded.
4.
Hazardous materials surveys and abatement are excluded.
Project Name: POLICE WORK AREA AND STORAGE RENOVATION
Page B-1
Project No.: PD2205.452
Rev. 11/10/22
EXHIBIT “B”
COMPENSATION AND FEES
Task
Cost
1
1.1
-
$
-
$
2
2.1
20,600.00
$
2.2
5,120.00
$
2.3
14,500.00
$
2.4
12,400.00
$
2.5
9,800.00
$
2.6
9,280.00
$
2.7
8,760.00
$
2.8
-
$
80,460.00
$
3
3.1
36,800.00
$
3.2
NA
3.3
11,860.00
$
48,660.00
$
4
4.1
-
$
-
$
5
5.1
-
$
5.2
3,200.00
$
3,200.00
$
6
RECORD DRAWINGS
SUBTOTAL TASK 5:
Quality Assurance Test Program
Utility Coordination
Qualtiy Control
MATERIALS TESTING
Inspection Services
CONSTRUCTION INSPECTION
SUBTOTAL TASK 2:
SUBTOTAL TASK 3:
SUBTOTAL TASK 4:
Landscape/Irrigation Inspection Services (IF APPLICABLE)
Project Closeout
UTILITY COORDINATION
Description
Requests for Proposal (RFP)
CPM Schedule
Requests for Information (RFI)
Shop Drawing Submittals
Pre-Construction Assistance
Weekly Construction Meetings
PRE-CONSTRUCTION ASSISTANCE
CONSTRUCTION MANAGEMENT
SUBTOTAL TASK 1:
EXHIBIT "B"
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FEE SCHEDULE
Public Outreach
Field Directive (FD)
Contractor Payment Applications
6.1
3,120.00
$
3,120.00
$
-
$
-
$
-
$
-
$
-
$
-
$
7,500.00
$
7,500.00
$
142,940.00
$
SUBCONSULTANTS
ALLOWANCES
PR/Outreach Allowance
Direct Expense Allowance
Record Drawings
Owner's Allowance
SUBTOTAL ALLOWANCES:
PROJECT TOTAL:
SUBTOTAL TASK 6:
SUBTOTAL SUBCONSULTANTS:
Special Inspections
Subconsultant Name
Subconsultant Name
Project Name: POLICE WORK AREA AND STORAGE RENOVATION
Page C-1
Project No.: PD2205.452
Rev. 11/10/22
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 Agreement 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
Project Name: POLICE WORK AREA AND STORAGE RENOVATION
Page C-2
Project No.: PD2205.452
Rev. 11/10/22
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.
Project Name: POLICE WORK AREA AND STORAGE RENOVATION
Page C-3
Project No.: PD2205.452
Rev. 11/10/22
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 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.
Project Name: POLICE WORK AREA AND STORAGE RENOVATION
Page AFF-1
Project No.: PD2205.452
Rev. 11/10/22
EXHIBIT “D”
SPECIAL CONDITIONS
1. Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker
from Consultant’s firm must not be allowed to begin work in any City facility without: (A)
The prior completion and City's acceptance of the required background screening; and (8)
when required, the Contract Worker's receipt of a City issued badge. A badge will be issued
to a Contract Worker solely for access to City facility(s) to which the Contract Worker is
assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker.
2. Badges. After receipt of the badge application, the Contract Worker will proceed to the
Badging Office for processing of the badge application and issuance of the badge. City will
not process the badge application until the Contract Worker satisfies the required
Background Screening (as defined herein). The Contract Worker must comply with all
requirements and furnish all requested information as requested by the Badging Office.
Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
3. Key Access Procedures. If the Contract Worker's services require keyed access to enter a
City facility(s), a separate key issue/return form must be completed and submitted by
Consultant for each key issued.
4. Stolen or Lost Badges or Keys. Consultant must report lost or stolen badges or keys to City
immediately. A new badge application or key issue form must be completed and
submitted along with payment of the applicable fees prior to issuance of a new badge or
key.
5. Return of Badges or Keys. All badges and keys are the property of City and must be
returned to City at the Badging Office within one (1) business day of when the Contract
Worker's access to a City facility is no longer required to furnish the services under this
Agreement. Consultant must collect a Contract Worker's badge and key(s) upon the
termination of the Contract Worker's employment; when the Contract Worker's services
are no longer required at the particular City facility(s); or upon termination, cancellation
or expiration of this Agreement.
6. Consultant’s default under this Section must include, but is not limited to the following:
(1) Contract Worker gains access to a City facility(s) without the proper badge or key; (2)
Contract Worker uses a badge or key of another to gain access to a City facility; (3) Contract
Worker commences services under this Agreement without the proper badge, key or
Background Screening; (4) Contract Worker or Consultant submits false information or
negligently submits wrong information to City to obtain a badge, key or applicable
Background Screening; or (5) Consultant fails to collect and timely return Contract
Worker's badge or key upon termination of Contract Worker's employment, reassignment
of Contract Worker to another City facility or upon the expiration, cancellation or
termination of this Agreement. Consultant acknowledges and agrees that the access
control, badge and key requirements in this Section are necessary to preserve and protect
public health, safety and welfare. Accordingly, Consultant agrees to properly cure any
Project Name: POLICE WORK AREA AND STORAGE RENOVATION
Page AFF-2
Project No.: PD2205.452
Rev. 11/10/22
default under this Section within three (3) business days from the date notice of default is
sent by City. The parties agree that Consultant’s failure to properly cure any default under
this Section must constitute a breach of this Section. In addition to any other remedy
available to City at law or in equity, Consultant must be liable for and must pay to City the
sum of one thousand dollars ($1,000.00) for each breach by Consultant of this Section.
The parties further agree that the sum fixed above is reasonable and approximates the
actual or anticipated loss to City at the time and making of this Agreement in the event
that Consultant breaches this Section. Further, the parties expressly acknowledge and
agree to the fixed sum set forth above because of the difficulty of proving City's actual
damages in the event that Consultant breaches this Section. The parties further agree that
three (3) breaches by Consultant of this Section arising out of any default within a
consecutive period of three (3) months or three (3) breaches by Consultant of this Section
arising out of the same default within a period of twelve (12) consecutive months will
constitute a material breach of this Agreement by Consultant and City expressly reserves
all of its rights, remedies and interests under this Agreement, at law and in equity
including, but not limited to, termination of this Agreement.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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.
$
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION $
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
1/3/2023
ACIG Insurance Agency, Inc.
2600 N. Central Expwy. Suite 800
Richardson, TX 75080
972-702-9004
972-687-0601
www.acig.com
Brian Callaghan
accountmanagers@acig.com
Kitchell CEM, Inc.
1707 East Highland, Suite 100
Phoenix AZ 85016
72286236
Waiver of subrogation, notice of cancellation and primary non-contributory basis apply via endorsement.
Professional liability retroactive date 11/11/1978
Project No. PD2205.452
City of Chandler
an Arizona municipal corporation
Public Works & Utilities Department
P.O. Box 4008 Mail Stop 407
Chandler AZ 85244
City, its officers, officials, agents, and employees are included as additional insureds to the extent required by written executed contract.
A Severability of Interest clause is provided under General Liability.
Project No. PD2205.452
A
10,000,000
GL22A00078
6/1/2022
6/1/2023
100,000
GL22B00078 (GL Excess)
6/1/2022
6/1/2023
A
GL22C00078 (GL Excess)
6/1/2022
6/1/2023
A
5,000
10,000,000
10,000,000
10,000,000
B
WCA000006822
6/1/2022
6/1/2023
1,000,000
N
B
WCA000002022
6/1/2022
6/1/2023
1,000,000
1,000,000
F
Contr. Professional Pollution Liab.
PCAB-5018308-0622
6/1/2022
6/1/2023
Per Claim $5,000,000*Aggregate $5,000,000
American Contractors Ins. Co. RRG
12300
ACIG Insurance Company
19984
Berkley Assurance Company
39462
72286236 | KITCHELL | 22/23 GL WC PL 5/5 | Abbie Fisher | 1/3/2023 11:50:46 AM (CST) | Page 1 of 7
This certificate cancels and supersedes ALL previously issued certificates.
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER:
FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER
NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
Professional/Pollution *Aggregate limit is total insurance available for all claims
presented within the policy period for operations of insured. Limit will be reduced by
payments of indemnity and/or expenses.
KITCHELL
ACIG Insurance Agency, Inc.
Kitchell CEM, Inc.
1707 East Highland, Suite 100
Phoenix AZ 85016
25
Certificate of Liability (03/16)
ADDENDUM/DOO
HOLDER:
ADDRESS:
City of Chandler an Arizona municipal corporation Public Works & Utilities Department
P.O. Box 4008 Mail Stop 407 Chandler AZ 85244
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This certificate cancels and supersedes ALL previously issued certificates.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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.
$
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION $
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
1/3/2023
IMA, Inc. - Colorado Division
1705 17th Street, Suite 100
Denver CO 80202
IMA Denver Team
303-534-4567
DenAccountTechs@imacorp.com
National Fire Insurance Company of Hartford
20478
KITCORP
Kitchell CEM, Inc.
1707 East Highland Ave, Ste 100
Phoenix, AZ 85016
1694967859
A
5,000,000
X
X
X
7014861826
6/1/2022
6/1/2023
A
Automobile Physical Damage
N
N
7014861826
6/1/2022
6/1/2023
Deductibles:
Comprehensive
Collision
$1,000
$1,000
Project No. PD2205.452
Certificate Holder is included as Additional Insured on the Automobile Liability Policy if required by written contract or agreement and with respect to work
performed by Insured subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of Certificate Holder on the Automobile Liability
Policy if required by written contract or agreement and with respect to work performed by Insured subject to the policy terms and conditions. This Insurance is
Primary and Non-Contributory on the Automobile Liability Policy subject to the policy terms and conditions.
City of Chandler
an Arizona municipal corporation
Public Works & Utilities Department
P.O. Box 4008 Mail Stop 407
Chandler AZ 85244
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective:
Policy No.:
Endorsement No.:
Insured:
Premium $
Insurance Company: American Contractors Insurance Co. RRG
ADDITIONAL INSURED – AUTOMATIC STATUS 1119
AS REQUIRED BY CONTRACT – BLANKET
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Any person or organization that you are required by written contract to include as an additional insured on this policy if the contract is executed
prior to the loss.
A.
Who Is An Insured (Section II) is amended to include as an insured any person or organization shown in the above SCHEDULE (called
additional insured), but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” arising out of
your premises or your operations for the additional insured, and only to the extent and for the minimum limits required in the written contract.
B.
The insurance provided to the additional insured is subject to the following limitations:
1.
Unless a written contract specifically requires additional insured coverage for your completed operations, this insurance does not apply
to “bodily injury” or “property damage” occurring after “your work” for the additional insured has been completed or after that portion of
“your work” out of which the “bodily injury” or “property damage” arises has been put to its intended use by any person or organization,
whichever occurs first.
2.
Unless specifically required by written contract, this insurance provides additional insured coverage only for liability for “bodily injury”,
“property damage” or “personal and advertising injury” to the extent caused by the named insured’s acts or omissions or the acts or
omissions of those acting on the named insured’s behalf.
3.
This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” for which the additional
insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent
that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement.
4.
This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering or
failure to render any professional services by any insured or on any insured’s behalf, including:
a)
The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders, drawings or specifications; or
b)
Supervisory, inspection, architectural, or engineering services.
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 “occurrence” which caused the “bodily injury”
or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of, or
the failure to render, any professional architectural, engineering or surveying services.
5.
This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy
specifically applies to that person or organization.
6.
The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional
insured coverage in the construction industry.
7.
The insurance afforded to the additional insured shall not exceed the minimum limits required in the written contract.
C.
In no event shall the insurance provided to the additional insured exceed the minimum coverage required by the written contract, including
but not limited to minimum limits, minimum scope of coverage, or minimum duration of coverage. If a written contract or agreement requires
that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037, then the terms of that
endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant and
limitations in Sections A. and B. of this endorsement. In the event that CG2010 and/or CG2037 are required but no edition dates are
specified, the 04/13 editions shall apply.
D.
This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional
insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always
excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the
other insurance as an additional insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the
mentioned Policy, other than as above stated.
Kitchell CEM, Inc.
GL22A00078
6/1/2022
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This certificate cancels and supersedes ALL previously issued certificates.
336
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective:
Policy No.:
Endorsement No.:
Insured:
Premium $
Insurance Company: American Contractors Insurance Co RRG
NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE –
CERTIFICATE HOLDERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The certificate of insurance holders shown in the schedule below have requested that they receive written notice of
cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a
material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of
insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of
premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days
advance written notice.
The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the
certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide
notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule
below.
SCHEDULE
All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this
policy is required by written contract, permit or agreement with the Named Insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
Kitchell CEM, Inc.
GL22A00078
6/1/2022
72286236 | KITCHELL | 22/23 GL WC PL 5/5 | Abbie Fisher | 1/3/2023 11:50:46 AM (CST) | Page 4 of 7
This certificate cancels and supersedes ALL previously issued certificates.
205
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective Date:
Policy No.:
Endorsement No.:
Insured:
Premium $
Insurance Company: American Contractors Insurance Co RRG
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person(s) or Organization(s):
Any person or organization for whom you have agreed by written contract to furnish this waiver.
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL
GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under
a contract with that person or organization and included in the “products-completed operations hazard”. This waiver
applies only to the person or organization shown in the Schedule above.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
Kitchell CEM, Inc.
GL22A00078
6/1/2022
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This certificate cancels and supersedes ALL previously issued certificates.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 00 03 13
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against
the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written
contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Whomever the named insured is required by written contract executed prior to loss to waive rights of recovery
against.
This endorsement does not apply to policies in California, Kentucky, New Jersey, Texas or Utah.
This endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications.
This endorsement does not apply to policies in Kansas for private construction contracts unless the construction project involved is a
consolidated or wrap-up program.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above.
Policy Effective Date:
Policy No.
Endorsement No.
Premium $
Insured
Carrier Name/Code:
WC 00 03 13
(Ed. 04-84)
1983 National Council on Compensation Insurance.
Kitchell CEM, Inc.
ACIG Insurance Company
WCA000006822
6/1/2022
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This certificate cancels and supersedes ALL previously issued certificates.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 99 06 02
(Ed. 03-13)
ARIZONA NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE ENDORSEMENT
In the event of cancellation, nonrenewal or if we decide to renew with materially different terms or at a substantially higher premium, we
will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the
Schedule.
This endorsement will not apply to the insured or the Arizona Industrial Commission.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1.
Number of days advance notice:
60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only
10 days advance notice will be provided.
2.
Notice will be mailed to:
All certificate holders where written notice of cancellation, nonrenewal or material change to this policy
is required by written contract, permit or agreement with the Named Insured. The notice will be mailed
to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered
sufficient proof of our good faith attempt to provide written notice.
This endorsement is only applicable in the state of Arizona.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above.
Policy Effective Date:
Policy No.
Endorsement No.
Premium $
Insured
Carrier Name/Code:
WC 99 06 02
(Ed. 03-13)
Kitchell CEM, Inc.
ACIG Insurance Company
WCA000006822
6/1/2022
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This certificate cancels and supersedes ALL previously issued certificates.
Business Auto Policy
Policy Endorsement
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN
AGREEMENT TO NAME AS AN ADDITIONAL INSURED
1.
In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the
person or organization scheduled above is an insured under this policy.
2.
The insurance afforded to the additional insured under this policy will apply on a primary and
non-contributory basis if you have committed it to be so in a written contract or written agreement
executed prior to the date of the “accident” for which the additional insured seeks coverage under this
policy.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Endorsement No: 43; Page: 1 of 1
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL
60606
Form No: CNA71527XX (10-2012)
Endorsement Effective Date:
Endorsement Expiration Date:
© Copyright CNA All Rights Reserved.
Policy Page: 188 of 197
Policy Effective Date: 06/01/2022
Policy No: BUA 7014861826
Business Auto Policy
Policy Endorsement
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS
I.
A.
1.
2.
a.
b.
(1)
(2)
3.
4.
1.
2.
B.
1.
2.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
LIABILITY COVERAGE
Who Is An Insured
The following is added to Section II, Paragraph A.1., Who Is An Insured:
a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the
date of inception of this Coverage Form; provided that,
b. The insurance afforded by this provision A.1. does not apply to any such entity that is an
insured under any other liability "policy" providing auto coverage.
Any organization you newly acquire or form, other than a limited liability company, partnership or
joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
Is effective on the acquisition or formation date, and is afforded only until the end of the policy
period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier.
Does not apply to:
Bodily injury or property damage caused by an accident that occurred before you acquired or
formed the organization; or
Any such organization that is an insured under any other liability "policy" providing auto
coverage.
Any person or organization that you are required by a written contract to name as an additional
insured is an insured but only with respect to their legal liability for acts or omissions of a person,
who qualifies as an insured under SECTION II – WHO IS AN INSURED and for whom Liability
Coverage is afforded under this policy. If required by written contract, this insurance will be primary
and non-contributory to insurance on which the additional insured is a Named Insured.
An employee of yours is an insured while operating an auto hired or rented under a contract or
agreement in that employee's name, with your permission, while performing duties related to the
conduct of your business.
"Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on
the inception date of this Coverage Form but:
Which are no longer in force; or
Whose limits have been exhausted.
Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:
In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and
In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day.
Endorsement No: 41; Page: 1 of 4
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL
60606
Form No: CNA63359XX (04-2012)
Endorsement Effective Date:
Endorsement Expiration Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
Policy Page: 183 of 197
Policy Effective Date: 06/01/2022
Policy No: BUA 7014861826
Business Auto Policy
Policy Endorsement
C.
II.
A.
B.
a.
b.
C.
a.
D.
a.
b.
c.
d.
e.
(1)
(2)
E.
Fellow Employee
Section II, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision C. is excess over any other collectible insurance.
PHYSICAL DAMAGE COVERAGE
Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles
The following is added to Section III, Paragraph A.3.:
With respect to any covered auto, any deductible shown in the Declarations will not apply to glass
breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.
Transportation Expenses
Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to
provide:
$60 per day, in lieu of $20; subject to
$1,800 maximum, in lieu of $600.
Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to
provide:
$1,000 maximum, in lieu of $600.
Hired "Autos"
The following is added to Section III. Paragraph A.:
5. Hired "Autos"
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired
Autos, then Physical Damage coverage is extended to:
Any covered auto you lease, hire, rent or borrow without a driver; and
Any covered auto hired or rented by your employee without a driver, under a contract in that
individual employee's name, with your permission, while performing duties related to the
conduct of your business.
The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost
of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto.
No deductible applies to loss caused by fire or lightning.
The physical damage coverage as is provided by this provision is equal to the physical damage
coverage(s) provided on your owned autos.
Such physical damage coverage for hired autos will:
Include loss of use, provided it is the consequence of an accident for which the Named
Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing
or rental concern.
Such coverage as is provided by this provision will be subject to a limit of $750 per
accident.
Airbag Coverage
The following is added to Section III, Paragraph B.3.:
The accidental discharge of an airbag shall not be considered mechanical breakdown.
Endorsement No: 41; Page: 2 of 4
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL
60606
Form No: CNA63359XX (04-2012)
Endorsement Effective Date:
Endorsement Expiration Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
Policy Page: 184 of 197
Policy Effective Date: 06/01/2022
Policy No: BUA 7014861826
Business Auto Policy
Policy Endorsement
F.
c.
d.
G.
a.
b.
c.
d.
(1)
(2)
III.
1.
a.
b.
(1)
(2)
2.
IV.
A.
Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:
Physical Damage Coverage on a covered auto also applies to loss to any permanently installed
electronic equipment including its antennas and other accessories
A $100 per occurrence deductible applies to the coverage provided by this provision.
Diminution In Value
The following is added to Section III, Paragraph B.6.:
Subject to the following, the diminution in value exclusion does not apply to:
Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver
for a period of 30 days or less, while performing duties related to the conduct of your business;
and
Any covered auto of the private passenger type hired or rented by your employee without a
driver for a period of 30 days or less, under a contract in that individual employee's name, with
your permission, while performing duties related to the conduct of your business.
Such coverage as is provided by this provision is limited to a diminution in value loss arising
directly out of accidental damage and not as a result of the failure to make repairs; faulty or
incomplete maintenance or repairs; or the installation of substandard parts.
The most we will pay for loss to a covered auto in any one accident is the lesser of:
$5,000; or
20% of the auto's actual cash value (ACV).
Drive Other Car Coverage – Executive Officers
The following is added to Sections II and III:
Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by,
and for Physical Damage Coverage while in the care, custody or control of, any of your "executive
officers", except:
An auto owned by that "executive officer" or a member of that person's household; or
An auto used by that "executive officer" while working in a business of selling, servicing, repairing
or parking autos.
Such Liability and/or Physical Damage Coverage as is afforded by this provision.
Equal to the greatest of those coverages afforded any covered auto; and
Excess over any other collectible insurance.
For purposes of this provision, "executive officer" means a person holding any of the officer positions
created by your charter, constitution, by-laws or any other similar governing document, and, while a
resident of the same household, includes that person's spouse.
Such "executive officers" are insureds while using a covered auto described in this provision.
BUSINESS AUTO CONDITIONS
Duties In The Event Of Accident, Claim, Suit Or Loss
The following is added to Section IV, Paragraph A.2.a.:
Endorsement No: 41; Page: 3 of 4
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL
60606
Form No: CNA63359XX (04-2012)
Endorsement Effective Date:
Endorsement Expiration Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
Policy Page: 185 of 197
Policy Effective Date: 06/01/2022
Policy No: BUA 7014861826
Business Auto Policy
Policy Endorsement
(4)
(6)
B.
C.
D.
E.
a.
V.
Your employees may know of an accident or loss. This will not mean that you have such
knowledge, unless such accident or loss is known to you or if you are not an individual, to any
of your executive officers or partners or your insurance manager.
The following is added to Section IV, Paragraph A.2.b.:
Your employees may know of documents received concerning a claim or suit. This will not mean
that you have such knowledge, unless receipt of such documents is known to you or if you are
not an individual, to any of your executive officers or partners or your insurance manager.
Transfer Of Rights Of Recovery Against Others To Us
The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To
Us:
We waive any right of recovery we may have, because of payments we make for injury or damage,
against any person or organization for whom or which you are required by written contract or
agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or
organization.
You must agree to that requirement prior to an accident or loss.
Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph B.2.:
Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not
prejudice you with respect to the coverage afforded provided such failure or omission is not intentional.
Other Insurance
The following is added to Section IV, Paragraph B.5.:
Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy
shall be on a primary non-contributory basis. This provision is applicable only when required by a
written contract.
That written contract must have been entered into prior to Accident or Loss.
Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised to provide:
45 days of coverage in lieu of 30 days.
DEFINITIONS
Section V. paragraph C. is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish,
mental injury or death resulting from any of these.
Endorsement No: 41; Page: 4 of 4
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL
60606
Form No: CNA63359XX (04-2012)
Endorsement Effective Date:
Endorsement Expiration Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
Policy Page: 186 of 197
Policy Effective Date: 06/01/2022
Policy No: BUA 7014861826
Business Auto Policy
Policy Endorsement
NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS
It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of
Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of
Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to
such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with
the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or
impose any liability or obligation upon us or the Agent of Record.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Endorsement No: 42; Page: 1 of 1
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL
60606
Form No: CNA68021XX (02-2013)
Endorsement Effective Date:
Endorsement Expiration Date:
© Copyright CNA All Rights Reserved.
Policy Page: 187 of 197
Policy Effective Date: 06/01/2022
Policy No: BUA 7014861826