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Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page 1
Project No.: ST2303.201
Rev. 6/22/23
PROFESSIONAL SERVICES AGREEMENT
Design Services
COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Project No. ST2303.201
Council Date: January 25, 2024
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2024
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and AZTEC Engineering Group, Inc., an Arizona 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 Design Services for COOPER ROAD / INSIGHT
WAY LOOP EXTENSION 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.
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
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Project No.: ST2303.201
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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 360
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 $699,272.18 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: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
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Project No.: ST2303.201
Rev. 6/22/23
To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Warren White, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3337
Email: warren.white@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Warren White, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3337
Email: warren.white@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: AZTEC Engineering Group, Inc.
Mailing Address:
501 N. 44th Street, Suite 300, Phoenix, AZ 85008
Physical Address: same
Statutory Agent Name: Kara Strong
Statutory Agent Mailing Address:
501 N. 44th Street, Suite 300, Phoenix,
AZ 85008
Statutory Agent Physical Address: same
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Ronald Szwiec, Jr. P.E.
Title:
Vice President
Phone:
(602) 402-8805
Email:
rszwiec@aztec.us
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final 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
the appropriate federal agency, has access to the subconsultants’ records to verify the
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
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Project No.: ST2303.201
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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
convenience in accordance with the provisions of this Agreement.
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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.
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
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
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Project No.: ST2303.201
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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
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
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
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Project No.: ST2303.201
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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
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.
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
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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
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
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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
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.
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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 – Subconsultant Documents with Consultant (if applicable)
Exhibit F - 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.
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
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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: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page 12
Project No.: ST2303.201
Rev. 6/22/23
This Agreement will be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
“CITY” CITY OF CHANDLER
MAYOR
RECOMMENDED BY:
Warren White, P.E.
Acting CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
AZTEC Engineering Group, Inc.
Signature
Date
Print Name
Title
Signer Email Address
Ronald F. Szwiec, Jr.
Vice President
rszwiec@aztec.us
1/2/2024
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page A-1
Project No.: ST2303.201
Rev. 6/22/2023
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
City of Chandler – Cooper Road/Insight Loop Extension
City of Chandler Project No. ST2303.201
AZTEC Project No. 0AZMUN2310
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
Consultant will provide services for the design, permitting, development of construction
documents, and specified construction administration for the extension of Cooper Road and
Insight Way immediately north of Queen Creek Road, located adjacent to the Chandler
Municipal Airport, in Chandler, Arizona, all as more specifically described herein below.
1.2
The roadway design is based on the City of Chandler (City) standard Collector Typical Section
for the portion of Cooper Road extending north from Queen Creek Road, turning east, to the
intersection of Emmett Drive and Insight Way. Additionally, the Collector Typical Section will
be applied to Emmett Drive to complete the remaining half street developments from Queen
Creek Road to the same intersection.
1.3
The project design will also include drainage improvements, traffic signal design,
signing/marking design, streetlight design, utility coordination, water design, sidewalk ramp
design, topo survey, airport coordination, legal descriptions and subsurface utility locating.
2. ASSIGNMENT:
2.1
The design Agreement has been awarded to AZTEC based on their proposed personnel and
specified consultants. Any deviations or substitutions of these team members must be pre-
approved in writing by City. Those persons listed in Exhibit B will perform those portions of
the work listed therein.
3. PROJECT SCHEDULE:
3.1
AZTEC will perform the services within the times set forth in the following Project Schedule.
2 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
Milestone
1
30% Plans – 2 Months after NTP
City Review – 5 Weeks
60% Plans, Specs & Estimate – 3 Months after
30% Review is complete
City Review – 5 Weeks
2
90% Plans, Specs & Estimate – 2 Months after
60% Review is complete
City Review – 5 Weeks
3
100% Final Plans, Specs & Estimate – 2 Months
after 90% Review is complete
City Review – 5 Weeks
4
Final Signed and Sealed Plans, Specs & Estimate
– 1 Month after 100% review is complete
3.2
AZTEC will adhere to the Project Schedule described herein and such schedule may not be
modified or deviated from without written consent of City. AZTEC will revise and submit for
review an updated schedule whenever it is demonstrated that the time for completion of the
Project Design or of any of the partial completion points listed in the schedule is delayed by
two weeks or more. Such adjusted schedule will include a written explanation stating the
reasons for the change and a plan for getting back on schedule. AZTEC will take all
reasonable actions necessary to get the project back on schedule and City will cooperate to
assist AZTEC.
4. PROJECT MANAGEMENT:
4.1
DESIGN QUALITY CONTROL:
AZTEC will institute and comply with the Design Quality Control Plan attached hereto and make
a part by reference.
4.2
COST MANAGEMENT AND CONSTRUCTABILITY REVIEW (BY KITCHELL):
As a part of the work during the project design phase, Kitchell CEM will provide a thorough
constructability review as well as monitor the market conditions. Kitchell will provide cost
estimates, value engineering suggestions, and long lead items procurement suggestions that
are relevant to the market cost fluctuations and other factors that could impact the project.
a.) At the 30% Schematic Design Milestone, a written cost estimate will be prepared based on
the schematic design, site visits, and site meetings with the city staff. Kitchell staff will also
submit review comments and attend the meeting to discuss the review comments on the
schematic design.
3 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
b.)
At the 60% Design Milestone, an updated cost estimate will be prepared based on based upon
more detailed knowledge based on the design drawings at the 60% design stage. Kitchell staff
will also submit review comments and attend comments resolution meetings.
c.)
At the 90% Design Milestone, an updated cost estimate will be prepared based on the more
complete design drawings, specifications, and the quantity take-offs based on the 90% design.
Kitchell staff will perform the constructability review to identify all constructability issues
before the final design and attend comments resolution meetings.
5. Survey and ROW:
5.1
Perform Document Search and Research
a.
Perform a Document search for rights-of-way.
b.
Coordinate with the City for available Title Reports.
c.
Research all utility companies/agencies and acquire any new as-built and utility records.
5.2
Survey
a.
Consultant will complete a topographic survey of the roadway areas north of W. Queen
Creek Road and south of the City of Chandler Airport Use Property, including S. Cooper
Road and S. Emmett Drive, to be known as the Cooper Road – Insight Loop Extension as
shown on maps provided to AZTEC by the City as part of this project.
b.
Cross-sections of the intended roadway will be completed at 50-foot intervals and will
extend far enough out to support the proposed engineering design. This area will be
discussed prior to the commencement of field activities. It is assumed that the areas will
not exceed 200 LF in width along S Cooper Road, 150 LF in width along S. Emmett Drive
and 100 LF in width along the diagonal connector road and will exclude developed areas
within existing properties.
c.
Topographic information along E. Ryan Road from S. Emmett Drive to the West side of S.
Stearman Drive will cover the extents of the existing R/W and will be completed at 50’
intervals to support the proposed engineering design.
d.
Topographic information at the intersection of S. Cooper Road & E. Queen Creek Road will
cover the entire existing R/W and shall extend 150 LF in all directions from the CL-CL point
of intersection.
e.
Topographic information at the intersection of S. Emmett Drive & E. Queen Creek Road will
cover the entire existing R/W and shall extend 150 LF in all directions from the CL-CL point
of intersection.
f.
Topographic information shall include all existing utility and planimetric features that are
readily visible at the time of the survey. Buried structures, including drain tiles and
irrigation lines, will not be located. The lowest overhead wire sag point and the lowest
overhead wire pole connection points along S. Cooper Road will be collected and the
4 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
temperature at time of the field work will be noted. Invert information will not be collected
for any manholes located within the R/W of E. Queen Creek Road.
g.
AZTEC will tie the topographic and boundary information into control points and
benchmarks established by the City of Chandler based on the city’s datum.
h.
AZTEC will locate property corners and aliquot boundary monuments located within the
project limits to help define the intended R/W and corridor.
i.
AZTEC will establish two (2) project control points to serve as horizontal and vertical
reference points during the construction phase of this project.
j.
It is anticipated that site conditions may change during the design phase prior to
construction. In this circumstance a change order will be required for additional survey.
5.3
Right of Way
a. AZTEC shall provide surveying services support for ROW efforts including producing ROW
and easement takes exhibits, platting, legal descriptions, etc.
b. As the roadway corridor is finalized, the ROW needs shall also be finalized, but should
generally adhere to the limits shown in the Preliminary Design Memorandum. Consultant’s
specific elements of work under this task include:
a. The City of Chandler real estate department shall confirm the final number of partial
acquisitions. This scope assumes a total of 8 parcels and 8 exhibits to be completed
by AZTEC. This is estimated and the actual quantity may be greater. All parcels and
exhibits are included herein.
b. AZTEC will produce 8.5”x11” exhibits of each parcel with aerial background for
parcels requiring new ROW and easements.
c. AZTEC will produce 8.5”x11” ROW exhibits, including legal descriptions for parcels
requiring new Right of Way, and all required easements, including but not limited to
temporary construction easements, public utility easements, drainage easements,
slope easements, sidewalk easements and any required vacations.
d. All required title reports shall be provided by the City of Chandler.
e. All other property acquisition services not identified in this scope of services
including appraisals, preliminary/final title reports, liaison, negotiation, acquisition,
certifications, condemnation, and demolition, shall be done by others.
6. UTILITY/AGENCY COORDINATION:
6.1
Coordination with utility companies and agencies must be in accordance with the latest
version of the “Public Improvement Project Guide” (PIPG).
a. Includes specific coordination with Chandler Municipal Airport and Roosevelt Water
Conservation District
6.2
Consultant must identify utility conflicts during the initial stages of the design process.
5 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
a. Preliminary conflicts will be identified at the 60% review and will be presented to the
city and the utilities to determine if additional potholing will be completed.
6.3
Consultant must coordinate the design of the utilities with the utility owners, which includes
services for electric, communications, water, irrigation and sanitary systems.
6.4
Easements for these utilities must be identified early in the design stage of the project and
necessary information provided to City’s Real Estate Department to allow City to complete
acquisition during the design phase.
6.5
The consultant team will provide a legal description for an electrical service easement in
conjunction with the power needed for the new streetlights and potential traffic signal.
6.6
Consultant must submit preliminary plans, specifications, and design calculations to
utilities/agencies for review and use during their design for their service improvements or
any necessary relocations.
a. Utility Conflict packages will be sent to all utility companies/agencies at the 60%, 90%
and 100% submittals to obtain utility clearance.
6.7
Consultant must conduct utility meetings to coordinate relocations with utility/agency and
establish relocation schedules.
a. Up to six (6) utility coordination meetings have been accounted for, which include
meeting agendas and notes.
6.8
Consultant must follow-up with the final design submittal for utility clearance processing.
6.9
Consultant must incorporate the utility/agency construction requirements and any utility
plan sheets into the bid documents.
6.10
Consultant will complete up to five potholes for utility conflict review. Additional potholes
will be handled as an allowance with approval from the City.
7. GEOTECHNICAL INVESTIGATION:
7.1
Geotechnical Investigation will be completed by Ethos per the attached scope and fee.
8. SCHEMATIC DESIGN (30% Document Review):
8.1 When the design is approximately thirty percent complete, Consultant must do the following:
a. Complete a preliminary drainage analysis and provide solutions to mitigate the runoff.
b. Identify all necessary offsite improvements such as: streets, utilities, irrigation, etc., and
depict the scope in a schematic design plan.
c. Prepare CAD base files.
d. Prepare a preliminary engineers construction cost estimate.
e. Submit electronic plans to the City for a Development Standards review and the City’s
Project Manager for comment.
6 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
9. DESIGN DEVELOPMENT (60% & 90% Document Review):
Based on the approved Schematic Design Documents and any adjustments authorized by
City in the program, schedule or construction budget, Consultant must prepare, for approval
by City, Design Development Documents as described below. When the design is
approximately sixty percent (60%) complete and again when the design is approximately
eighty percent (90%) complete, Consultant must do the following:
9.1 Design Coordination Meetings
AZTEC will conduct monthly internal design coordination meetings to monitor schedule,
resources and budget. AZTEC will have weekly call-in meetings with the City PM to discuss
progress and any issues.
9.2 Roadway Engineering
AZTEC will prepare design plans for the extension of Cooper Road from the existing
intersection of Queen Creek Road/ Cooper Road to the existing intersection of Emmett
Drive/Insight way (formerly E Ryan Road), for the realignment of Heliport Way, and for
the widening of Emmett Drive to include single through lanes in each direction, a center
lane and bike lanes.
AZTEC will prepare the following roadway deliverables:
o Cover Sheet
o Summary Sheet and Key Map
o General Notes and Legend Sheet
o Typical Section/Detail Sheet
o Geometric Control Sheet
o Plan and Profile Sheets, Includes Removals
o Roadway Detail Sheets
o Intersection Staking Sheets
o Modeling/Cross Sections/Earthwork Quantities
o Quantities and Engineers Cost Estimate
o Roadway Technical Specifications
o Constructability Checklist
9.3 Utility Engineering
AZTEC will prepare design plans for the extension of existing water service taps from
the existing line to the proposed Public Utility Easement. Plans will also be prepared for
approximately 970’ of new 8” waterline along the east-west portion of Cooper Road
west of the Emmett Drive intersection.
7 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
AZTEC will prepare the following Utility deliverables:
o Utility Notes and Legend Sheet
o Service Extension Plan Sheet (dual view)
o Waterline Plan/Profile Sheet
o Waterline Detail Sheets
9.4 Drainage Engineering
AZTEC will prepare design plans and drainage report for roadway drainage for the
extension of Cooper Road from the existing intersection of Queen Creek Road/ Cooper
Road to the existing intersection of Emmett Drive/Insight way (formerly E Ryan Road).
Drainage improvements will include scuppers and roadside ditches along the east side
of S Cooper Road that outfall into proposed retention basins along the east / south of S
Cooper Road and west along S Emmett Drive. Roadway runoff along the north and
west half of the road will be collected via catch basins and conveyed to the south / east
roadside ditches to the proposed retention basins. Half-street roadway runoff adjacent
to parcel 303-32-009H will be designed and retained by others. Roadway drainage and
retention basins will be designed per City of Chandler Engineering & Design Standards
Manual.
AZTEC will prepare the following roadway drainage deliverables:
o Drainage Quantity Sheets
o Drainage Plan Sheets (40 Scale)
o Drainage Pipe Profile Sheets
o Retention Basin Detail Sheets
o Miscellaneous Basin Detail Sheet
o Preliminary, Draft Final, and Final Drainage Report
o Technical Specifications
9.5 Signing and Marking
AZTEC will prepare design plans for signing and pavement marking for the extension of
Cooper Road from the existing intersection of Queen Creek Road/ Cooper Road to the
existing intersection of Emmett Drive/Insight way (formerly E Ryan Road). AZTEC will
prepare design plans to upgrade existing signing and pavement marking for widening
of Emmett Drive to include single through lanes in each direction, a center lane and
bike lanes.
AZTEC will prepare the following signing and marking deliverables:
o General Notes
o Sign Summary Sheets
8 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
o Signing and Pavement Marking Plan Sheets (40 Scale)
o Sign Format Sheets
o Technical Specifications
9.6 Street Lighting
AZTEC will prepare street light design plans for the extension of Cooper Road from the
existing intersection of Queen Creek Road/Cooper Road to the existing intersection of
Emmett Drive/Insight way (formerly E Ryan Road). AZTEC will upgrade existing street
lighting on Emmett Drive to account for the proposed roadway widening. Street
Lighting design will be prepared to meet minimum illumination requirements as
specified in the City of Chandler Engineering Design Standards. Street Lighting design
on Cooper Road will be prepared to meet Federal Aviation Administration
(FAA)/Chandler Municipal Airport (CMA) requirements.
AZTEC will prepare the following Roadway Lighting deliverables:
o General Notes and Quantity Sheet
o Street Lighting Plan Sheets (40 Scale)
o Photometric Analysis and Plan Sheet Exhibits
o Technical Specifications
9.7 Traffic Analysis
AZTEC will evaluate the intersection of Queen Creek Road/Emmett Drive for Traffic
Signal Warrants to determine if a traffic signal is required with this project. The Traffic
Signal warrants will be evaluated using traffic data provided by the City of Chandler for
future developments along the new segment of Cooper Road. If necessary, AZTEC will
grow available traffic data using a growth rate approved by the City.
AZTEC will perform capacity analysis at the intersections of Queen Creek Road/Cooper
Road and Queen Creek Road/Emmett Drive to develop lane configuration
recommendations. The intersections will be analyzed using weekday AM and PM Peak
hour data provided by the City of Chandler to provide levels of service and turn lane
storage recommendations. The analysis will use Highway Capacity Manual (HCM)
methodology.
These findings will be compiled and submitted as a technical memorandum to the City
of Chandler with the 60% design submittal.
9.8 Traffic Signal
AZTEC will prepare design plans to upgrade the existing traffic signal at the intersection
of Cooper Road/Queen Creek Road to account for the recommended intersection
9 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
improvements. These plans will utilize existing traffic signal equipment and upgrade as
necessary.
AZTEC will prepare following Traffic Signal deliverables for the intersection of Queen
Creek Rd/Cooper Rd:
o General Note Sheet/ Cover Sheet
o Signal Layout (20 Scale)
o Pole and Conductor Schedule
o Equipment Detail Sheet
o Technical Specifications
The following Traffic Design items are excluded:
o Maintenance of Traffic/Construction Sequencing Plans
o Traffic Signal Timing Plans
o Traffic Impact Studies for adjacent developments.
9.9 Landscape and Irrigation
AZTEC will prepare a landscape design for the new and existing Cooper Road and
Emmett Drive right-of-way that meets City of Chandler landscape requirements. The
landscape design will include plant material consistent with existing plant material in
the area and compatible with the adjacent Chandler Airport. The landscape design will
identify landscape material locations and will include a landscape legend that identifies
Plant Symbol, Quantity, Botanical Name, Common Name, and Size. General landscape
notes and details will be provided as components of each submittal.
AZTEC will prepare an irrigation design for the new plantings. The irrigation design will
identify the location of water meter tap, controller, backflow preventer, control valves
and main and lateral lines. Irrigation plans will identify all necessary piping and
equipment required for a fully functioning drip irrigation system. A materials list will be
included on the plan sheet. General irrigation notes and irrigation details will be
provided as components of each submittal.
The landscape and irrigation plans will be prepared at 1”=20’, for full sized 22”x34”
sheets. Landscape and irrigation plans will be submitted as part of the 60%, 90%, and
100% submittals.
Quantities, bid items and unit cost that are to be included in the construction cost
estimate for landscape and irrigation components will be included as part of the 60%,
90%, and 100% submittals.
Technical Specifications for Landscape and Irrigation work, not already addressed by
the current edition of City and MAG Standard specifications, will be included as part of
the 60%, 90%, and 100% submittals.
10 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
2.3 Temporary Erosion and Sediment Control Plans
AZTEC will provide design services for the preparation of temporary erosion and
sediment control plans (in compliance with the ADEQ AZPDES and the Drainage Design
Manual for Maricopa County, Erosion Control), project technical specifications,
quantities for the estimate of probable cost, and coordination with the City for activities
within the project limits.
AZTEC has included time to prepare the temporary erosion and sediment control plan
SWPPP index sheet and details for the 90% and 100% submittals. The plan sheets and
quantities, bid items and unit cost to be included in the estimate of probable cost will
also be included as part of the 90% and 100% submittals.
The temporary erosion and sediment control plans will be at a 1”=50’ scale for full sized
22”x34” sheets.
Technical Specifications for Temporary Erosion and Sediment control, not already
addressed by the current edition of City and MAG Standard specifications and Drainage
Design Manual for Maricopa County, Erosion Control, will be included as part of the
90% and 100% submittals.
The scope of work for this task does not include the preparation of a stormwater
pollution prevention plan document to be used for submittal with a Notice of Intent to
regulatory agencies on behalf of owner or operator for this project.
9.10
Submit 60% and 90% plans
Submit electronically to City’s Project Manager for comment plans, specifications,
drainage and traffic studies and construction cost estimate. Include original redline
drawings and comments received from previous review along with a review summary
indicating action taken.
a. Schedule review meeting with plan check staff to discuss review comments. Clarify with
the plan check staff what the design challenges are and decide the method in which they
will be resolved.
10. CONSTRUCTION DOCUMENTS (100% Document Review):
10.1
Based on the approved Design Development Documents and any further adjustments in the
scope or quality of the Project or in the construction budget authorized by City, Consultant
must prepare, for approval by City, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the Project.
When the design is approximately one hundred percent (100%) complete Consultant must
do the following:
a. Prepare plans, sections, schedules, notes, utility sheets, and technical specifications as
11 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
required to be able to bid and construct the project in its entirety.
b. Provide City of Chandler with a copy of the AutoCAD files.
c. Prepare a construction cost estimate.
d. Submit to City’s Project Manager for comment drawing sets, specifications, drainage
calculations. Include original redline drawings and comments received from previous
review long with a review summary indicating action taken.
11. BID & AWARD (100% Documents):
11.1
Submit bid documents to Development Services for building permit. All plans, calculations
and specifications will be stamped and submitted electronically. The specifications will be 8-
1/2” x 11” and in electronic format. Include original redline drawings and comments received
from previous review along with a review summary indicating action taken.
11.2
Answer up to 6 RFI’s or substitution requests.
11.3
Prepare and stamp changes to be attached to the City’s addendum/a for City to distribute.
12. ALLOWANCE ITEMS
12.1
Traffic Signal Plans
If signal warrants are met at the intersection of Queen Creek Road/Emmett Drive, AZTEC will prepare
design plans for installation of new traffic signal. AZTEC will prepare following Traffic Signal deliverables:
o General Note Sheet/ Cover Sheet
o Signal Layout (20 Scale)
o Pole and Conductor Schedule
o Equipment Detail Sheet
o Engineering cost estimate
o
Technical Specifications
12.2
Additional Potholes – As needed and approved by the City.
12.3
Utility Designating – As needed and approved by the City.
12.4
Owner’s Allowance - The owner’s allowance is intended for additional services that are found by
the City to be required during the course of the project. All tasks completed under this allowance
shall be authorized in advance, in writing, by the City’s project manager.
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page B-1
Project No.: ST2303.201
Rev. 6/22/2023
EXHIBIT “B”
COMPENSATION AND FEES
12 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
684.00
$
3.1 Production Schedule
684.00
$
75,186.00
$
4.1 Quality Control Plan
25,876.00
$
4.2 Kitchell (Constructability Review, Construction Cost Review)
49,310.00
$
38,220.00
$
5.1 Perform Document Search and Research
1,320.00
$
5.2 Survey
24,180.00
$
5.3 Right of Way Exhibits
12,720.00
$
58,804.00
$
6.1 Coordination with Utilities and Agencies (PIPG, CMA, RWCD)
$ 22,808.00
6.2 Identify Utility Conflicts
$ 1,834.00
6.3 Coordination of Design of Proposed Utilities
$ 6,754.00
6.4 Utility Easement Identification
$ 1,834.00
6.5 Legal Descriptions for utility easements
$ 9,468.00
6.6 Design Submittal packages to utility companies for conflict
review and relocation design purposes. (60%, 90%, 98%)
$ 3,434.00
6.7 Utility Coordination Meeting (up to six, includes meeting
agenda and notes)
$ 4,404.00
6.8 Final Design Coordination for Clearance
$ 1,834.00
6.9 Incorporation of utility/agency construction requirements
into bid documents
$ 1,434.00
6.10 Utility Conflict review - Potholes (5)
$ 5,000.00
12,948.18
$
7.1 Soil and Pavement Borings (Ethos Engineering)
12,948.18
$
22,610.00
$
8.1 a. Complete a Prliminary drainage analysis
7,600.00
$
b. Identify all necessary offsite improvements
5,456.00
$
c. Prepare CAD base files
6,980.00
$
d. Prepare a prelimiary cost estimate
1,974.00
$
e. Submit 30% electronic plans
600.00
$
SUBTOTAL
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Lump Sum Cost Per Task
Task 5.0 Survey and Right of Way
Task 4.0 Project Management
Task 3.0 Project Schedule
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-1"
TASK DESCRIPTION
Task 8.0 Programming & Schematic Design (30%)
13 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
14 | P a g e
AZTEC Engineering Group, Inc.
501 N 44th Street, Suite 300
Phoenix, AZ 85008
P: 602.454.0402 | F: 602.454.0403
www.aztec.us
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
E-1
Project No.: ST2303.201
Rev. 6/22/2023
EXHIBIT “E”
SUBCONSULTANT DOCUMENTS WITH CONSULTANT
Any subconsultant assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the Consultant and their
subconsultants, and do not apply to the Agreement between the Consultant and
the City.
November 10, 2023
Tracy Eberlein, PE, PTOE
Senior Project Manager
AZTEC Engineering Group, Inc.
501 North 44th Street, Suite 300
Phoenix, Arizona 85008
SUBJECT:
Proposal for Geotechnical Investigation – Revision 1
Cooper Road-Insight Loop Extension (Near Chandler Airport)
City of Chandler Project ST2303.201
Chandler, Arizona
Dear Tracy:
As requested, Ethos Engineering, LLC (Ethos) is pleased to present this proposal for
professional geotechnical engineering services to the AZTEC Engineering Group, Inc.
(AZTEC) design team for the referenced project. This proposal presents our
understanding of the project, proposed scope of work for geotechnical investigation,
schedule, and associated fee estimate. This revision addresses comments from the City
of Chandler (City).
PROJECT UNDERSTANDING
We understand the City is planning to construct roadway improvements on Cooper Road
(north of Queen Creek Road) to the Insight Way and Emmett Drive intersection, and half
street improvements of Emmett Drive south to Queen Creek Road. A new residential
collector street will be constructed on Cooper Road as there is not existing roadway north
of Queen Creek Road. The existing Emmett Drive asphalt concrete (AC) paved roadway
includes one travel lane in each direction. Associated improvements include new
driveways, curb, gutter, sidewalk, streetlights, and utility relocations. The planned
extension will occur between Queen Creek Road and Insight Way with an approximate
length of 0.8 miles and from Insight Way to Queen Creek Road with an approximate length
of 0.5 miles. The AC pavement section will be designed in accordance with the City
Standard Details.
SCOPE OF SERVICES
Task 1 - Ethos will set up the project, review available project plans, and develop a field
exploration plan showing the intended test locations. This plan will (if requested) be
submitted to AZTEC (or others, as directed) so the test locations can be checked for
possible environmental impacts (to be performed by others).
Task 2 - Following approval of our field exploration plan, we will lay out the locations of
the planned borings. We assume there are enough site features in order to lay out our
borings without the need for additional survey. We are prepared to apply for and obtain a
permit from the City in order to perform the test drilling.
Geotechnical Investigation - Project Scope and Fee Proposal
Cooper Road-Insight Loop Extension
Project ST2303.201
Chandler, Arizona
November 10, 2023
Page 2 of 4
The borings will be performed in the existing farm fields along the proposed Cooper Road
alignment or outside unpaved shoulders on southbound Emmett Drive. It is assumed that
these properties are privately owned. It is assumed that private entry permits will be
provided by AZTEC. It is assumed that traffic control along Cooper Road alignment will
not be necessary given the offset distance from existing roadways. We have assumed
that traffic control, in the form of shoulder closures, will be required to perform the borings
along Emmett Drive.
Task 3 - Ethos will subcontract a drill rig and crew to complete 6 test borings with hollow-
stem auger to a depth of 5 feet, or prior practical refusal, along these sections of roadway.
The borings will be spaced at approximate 1,000-foot intervals and located in the unpaved
outside shoulder areas to minimize impacts to existing traffic.
An Ethos field engineer will oversee the drilling operations and log the test borings. The
borings will be backfilled upon completion in accordance with permit requirements. For
costing purposes, we are assuming that each boring will be backfilled with cuttings. We
have assumed that borings on existing pavement will not be required.
Task 4 - Ethos will perform selected laboratory testing on samples obtained from our field
exploration. The tests will be used to evaluate and classify the soils, identify subsurface
site characteristics, and provide data for analyses. The following laboratory tests are
proposed:
Table 1 – Summary of Planned Laboratory Testing
No. of
Tests
Test
Description
6
Sieve Analysis
Soil classification and pavement design
6
Atterberg Limits
Soil classification and pavement design
6
Ring Density
In-place moisture density for earthwork calculations
2
R-value
Soil characteristics for pavement design
2
pH and Resistivity
Corrosion characteristics of subgrade
2
Sulfate/Chloride
Corrosion characteristics of subgrade
2
Remolded Swell
Soil swell characteristics for pavement design
2
Proctor
Moisture-density relationship for swell and earthwork
Task 5 - Ethos will develop geotechnical recommendations for the pavement sections.
Our recommendations will be discussed with AZTEC prior to preparation of a design
report.
Task 6 - We will prepare a geotechnical investigation report providing recommendations
for the planned roadway widening.
The report will include the following, at a minimum:
•
Site plan showing the test locations and logs of the test borings
•
Laboratory test results
•
Discussion regarding our field investigation
•
Discussions regarding regional geology and groundwater conditions
Geotechnical Investigation - Project Scope and Fee Proposal
Cooper Road-Insight Loop Extension
Project ST2303.201
Chandler, Arizona
November 10, 2023
Page 3 of 4
•
Discussions regarding ground subsidence and earth fissures
•
Discussions regarding corrosion potential
•
Evaluation of City’s standard pavement section with the site soils
•
Pavement discussion and recommendations
The results of the field exploration, laboratory testing, engineering analyses, and
geotechnical recommendations will be summarized in a written report prepared under the
supervision of a Professional Civil Engineer registered in the State of Arizona.
Task 7 - For estimating purposes, we will plan to attend up to two project meetings held
throughout the course of the project.
PROJECT SCHEDULE
We anticipate our services will be completed in approximately 6 to 8 weeks after notice-
to-proceed (NTP), provided any needed environmental clearances or permits are received
within 2 weeks of NTP. We will begin to develop the FIP within 5 days of NTP. Activities
will include site layout, Arizona 811 notification, and drilling. We will complete the drilling
within 2 weeks after receipt of the permit. We estimate the report will be available within
6 weeks of the completion of the field work.
AUTHORIZATION
We will proceed upon NTP (receipt of the executed AZTEC subcontractor agreement).
PROJECT FEES
Our services will be performed under the direction of an Arizona-registered Professional
Civil Engineer. Based on the proposed scope of work and our understanding of the project,
we propose to complete the scope of work presented above for a lump-sum fee of
$12,948.18.
The estimated fees are based on the attached Work-hour Estimate, and Derivation of
Fees. Labor was derived from an overhead rate of 165 percent and a fee of 10 percent.
The above fees are based on the scope of work included in this proposal. If there is a need
for any change in the scope of services or schedule described in the proposal, please call
us immediately. Changes may require revision of the proposed fee, which will be
communicated to you upon assessment of the requested changes effect on the fee.
Our fees will be invoiced on a monthly basis not to exceed the indicated amount. In the
event that field conditions require a modification to the scope of work developed for this
proposal and may affect either our planned project schedule or budget, we will contact
you at the earliest opportunity to discuss these conditions. Invoices will be due and
payable within 30 days of receipt.
Geotechnical Investigation - Project Scope and Fee Proposal
Cooper Road-Insight Loop Extension
Project ST2303.201
Chandler, Arizona
November 10, 2023
Page 4 of 4
ASSUMPTIONS
We have assumed the following:
•
Evaluation of the existing AC pavement is not included.
•
The site is accessible to both foot and truck traffic.
•
There are no private underground utilities on the site.
•
Ethos will obtain permit from the City to perform drilling within their right of way (as
needed) and any necessary private property permits will be issued by the City.
•
Permit fees are assumed to be waived.
LIMITATIONS
The geotechnical services will be performed in a manner consistent with that level of care
and skill ordinarily exercised by other members of the geotechnical profession practicing
in the same locality, under similar conditions and at the date the services are provided.
Our conclusions, opinions and recommendations will be based on visual observations, the
review of plans prepared by others, and the completed small diameter test borings. It is
likely that conditions will vary between or beyond the data evaluated, given the relatively
wide spacing of the borings. Ethos makes no guarantee or warranty, express or implied,
regarding the services, communication (oral or written), report, opinion, or instrument of
service provided.
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If you have any questions or require additional information pertaining
to this proposal, we would be pleased to discuss them with you.
Sincerely,
ETHOS ENGINEERING LLC
Reviewed by:
Francisco J. Garza, PE
Keith Dahlen, PE
Principal | Senior Geotechnical Engineer
Principal | Senior Geotechnical Engineer
t:\2023xxx - aztec - cooper road - insight loop extension\scope and fee proposals\rev1\chandler_cooper-insight_ethos
proposal_rev1.docx
Attachments: Work-Hour Estimate
Derivation of Fees
Subcontractor Quotes
Cooper Road-Insight Loop Extension
Ethos Engineering, LLC - Work-Hour Estimate
Chandler Project No. ST2303.201
Project Work Task
Project
Manager
Engineer - Sr. Designer - Sr.
CADD
Admin
Total
Hours
Project Management and Setup
1
0
0
0
1
2
Boring Plan & Permitting (City)
1
0
6
0
0
7
Boring Layout and Bluestake
0
0
4
0
0
4
Test Drilling and Laboratory
1
0
8
0
0
9
Engineering Analysis and Report
Preparation
1
8
16
6
2
33
Project Meetings
1
2
0
0
0
3
TOTAL
5
10
34
6
3
58
DIRECT LABOR (OH + FEE BASIS)
Classification
Hours
Rate
Estimated
Labor Costs
Project Manager
5
$90.00
$450.00
Sr. Engineer
10
$75.00
$750.00
Engineer
34
$40.00
$1,360.00
CADD Technician
6
$32.00
$192.00
Administrative
3
$30.00
$90.00
Total Hours:
58
Direct Labor:
$2,842.00
Plus Overhead @ 165%:
$4,689.30
Subtotal:
$7,531.30
Plus 10% Fee:
$753.13
Total Labor:
$8,284.43
DIRECT EXPENSES
Vehicle Mileage (Personal)
44 mi. @
$0.625 /mi.
$27.50
(Two trips 22 miles roundtrip)
Total Estimated Direct Expenses:
$27.50
OUTSIDE SERVICES
$900.00
Laboratory Testing (See Attached)
$3,125.98
Traffic Control (See Attached)
$610.27
Total Estimated Outside Services:
$4,636.25
By:
TOTAL LUMP SUM COST:
$12,948.18
11/10/2023
Francisco J. Garza, Sr. Geotechnical Engineer
Date
DERIVATION OF COST
Test Drilling (See Attached)
Proposal for Geotechnical Investigation
Cooper Road-Insight Loop Extension
Chandler, AZ
Page:
1 of 1
Proposal #:
2360287
Proposal Date:
9/22/2023
Ethos
Pancho Garza
9180 S Kyrene Rd, #104
Tempe, AZ 85284
Item
Quantity
Unit
Cost
Price
Drilling
Mob/Demob
1
HR
225.00
$
225.00
$
Drilling (Auger 0' - 51')
3
HR
225.00
$
675.00
$
Drilling Total
900.00
$
Lab
Grain Size Analysis
6
EA
93.15
$
558.90
$
Atterberg Limits (LL and PL)
6
EA
85.96
$
515.76
$
Moisture Content
6
EA
35.00
$
210.00
$
R-Value
2
EA
400.00
$
800.00
$
Moisture-Density Relationship (Proctor)
2
EA
138.86
$
277.72
$
One-Demensional Swell or Settlement Test
2
EA
100.05
$
200.10
$
pH and Minimum Resistivity of Soil
2
EA
166.75
$
333.50
$
Sulfate Content of Soil
2
EA
57.50
$
115.00
$
Chloride Content of Soil
2
EA
57.50
$
115.00
$
Lab Total
3,125.98
$
Total Lump Sum Costs
4,025.98
$
Charles Johnson "Eddie"
Charles Johnson "Eddie"
Thank you for the opportunity to provide a quote for one of your potential jobs.
Chandler, AZ 85286
Subject: Advance six HSA boring to 5'. Ethos will provide any permit or TC needed and utilities locate. Perform lab
testing.
City of Chandler Insight Loop
E QC Rd and S Cooper Rd
Project Name:
Location:
DBE SBE WBE
SERVICES LLC
A C S
Company
Accepted By:
Date
Date
Signature
RoadSafe Traffic Systems, Inc.
Print Name
Title
9/22/2023
Mike Gillen
Item Description
Price
UOM
Qty/Day
Days
Total Qty.
Total
1 Man 1 Truck *
$62.00
Per Hour
8
1
8
$496.00
Sandbags *
$1.01
Per Each
4
1
4
$4.04
Medium Sign *
$0.84
Per Day
2
1
2
$1.68
Small Sign *
$0.64
Per Day
2
1
2
$1.28
Spring Stand *
$2.10
Per Day
2
1
2
$4.20
Sign Stand 4 ft *
$0.60
Per Day
2
1
2
$1.20
TCP
$50.00
Per Hour
1
1
1
$50.00
Vertical Panel Side VP *
$0.50
Per Day
15
1
15
$7.50
ONE TIME CHARGES
LABOR
SALES TAX (8.6%)
QUOTE TOTAL
$15.86
$54.04
$496.00
$44.37
$610.27
EQUIPMENT
SUBTOTAL
$565.90
Quote to set two 50 feet shoulder closures on Emmett s/b between
Queen Creek and Insight Way, standby and move closure to 2
different spots 3 hours at each location
Note: The * indicates taxable items.
QUOTATION
Quote Date
Quote ID
9/22/2023
09222023MG02
Valid Through: 10/22/2023
Payment
Terms
Net 30 Days
3015 E Illini
Phoenix, AZ 85040
602-243-1218
Fax 602-243-3470
Job Location:
Cooper and Insight Loop
Chandler
Estimated Days: 1
Quote Created By: Mike Gillen
Email: pgarza@ethosengineers.com
Accounts Payable
9180 S KYRENE ROAD SUITE 104
TEMPE, AZ 85284
ETHOS ENGINEERING LLC
Phone: 480-203-9252
Page 1 of 1
Mike Gillen
1707 East Highland Avenue · Suite 200 · Phoenix, Arizona 85016 Phone (602) 266-1970
October 6, 2023
Tracy Eberlein, PE, PTOE
Senior Project Manager/Associate Vice President
AZTEC Engineering
501 N 44th St. Suite 300
Phoenix, Arizona 85008
RE: Proposal for Design Phase Support Services – Cooper Road – Insight Loop
Extension: City of Chandler Project No. ST2303.201
Dear Tracy,
Thank you for the opportunity to be part of the AZTEC team for the Cooper Road-Insight
Loop Extension (Near Chandler Airport) project. Per our discussions, we are pleased to
provide you with the scope and the attached fee estimate (see Exhibits “A, B-1, and B-2”).
Our proposed fee is $53,810, based on the estimated hours of Kitchell staff time to
provide the consulting services including an owner’s allowance for additional as-need work.
Kitchell will provide our staff with all office supplies, computers, printers, and cell phones at
no additional cost to the AZTEC and the City of Chandler.
The attached Exhibits break down the tasks into the following scope items:
8.3
Prepare 30% Design estimate with quantities provided by AZTEC, Kitchell will provide quantity
QA check and review as requested by the design team
8,4
Perform review at 30% progress set of documents and provide a report for design coordination
and attend the review resolution meeting
10.4
Provide an updated 60% milestone estimate and conduct cost reconciliation with the Contractor
10.5
Perform review at 60% progress set of documents and provide a report for design coordination
and attend the review resolution meeting
11.4
Provide 90% milestone estimate and conduct cost reconciliation with Contractor as necessary
11.5
Perform constructability review at 90% progress set of documents and provide a report for
design coordination and permit submittal
12.1
Owner’s allowance for additional work (Andy Goh of Kitchell CEM to provide
additional project consultation during design if needed)
Sincerely,
Andy Goh P.E., Director
Kitchell CEM
Cc:
Damian Glaze, Regional Executive
Matt Chappell, Estimating Manager
1707 East Highland Avenue · Suite 200 · Phoenix, Arizona 85016 Phone (602) 266-1970
EXHIBIT "B-1"
Lump Sum Cost Per Task
TASK DESCRIPTION
SUBTOTAL
Task 1.0 Project Description & Scope of Construction
Task 2.0 Assignment
Task 3.0 Project Schedule
$ -
3.1 Production Schedule
$ -
Task 4.0 Quality Control
$ -
4.1 Quality Control Plan
$ -
Task 5.0 Preliminary Research
$ -
5.1 Perform Document Search and Research
$ -
5.2 Investigate Existing Conditions
$ -
5.3
$ -
Task 6.0 Utility/Agency Coordination
$ -
6.1 Coordination with Utilities (PIPG)
$ -
6.2 Identify Utility Conflicts
$ -
6.3 Coordination Design of Utilities
$ -
Task 7.0 Geotechnical Investigation
$ -
7.1 Soil and Pavement Borings
$ -
Task 8.0 Programming & Schematic Design (30%)
$ 11,670
8.1 Site Investigation & Information Gathering
$ -
8.2 Prepare CAD Base Plans
$ -
8.3 Prepare 30% SD & ROM Cost Estimate
$ 8,230
8.4 CofC Review/Meeting/Site Visit
$ 3,440
Task 10.0 Design Development (60%)
$ 13,360
10.1 Prepare 60% CAD Base Plans
$ -
10.2 Coordinate Preliminary MP&E Engineering
$ -
10.3 Prepare 60% Plans & Outline Specs
$ -
10.4 Coordinate 60% Cost Estimate - Update and Reconciliation
$ 4,760
10.5 60% CofC Review/Meeting
$ 8,600
Task 11.0 Construction Documents (90% & 100%)
$ 15,680
11.1 Prepare 90% CAD Base Drwgs
$ -
1707 East Highland Avenue · Suite 200 · Phoenix, Arizona 85016 Phone (602) 266-1970
11.2 Coordinate MP&E Engineering
$ -
11.3 Prepare 90% Plans & Draft Tech Specs
$ -
11.4 Coordinate 90% Cost Estimate - Update and Reconciliation
$ 7,080
11.5 90% CofC Review/Meeting - Constructability Review
$ 8,600
11.6 Coordinate 100% MP&E Engineering
$ -
11.7 Prepare 100% Plans & Final Tech Specs
$ -
11.8 100% Deliverables, Plan Review & Permit
$ -
11.9 100% Engineer's Cost Estimate
$ -
Task 12.0 Contractor Coordination / Bidding
$ 8,600
12.1 Coordinate & Issue Bid Documents - 20 Design Phase
Meetings
$ 8,600
12.2 RFIs / Substitution Requests
$ -
12.3 Issue Addenda as required
$ -
ALLOWANCES
$ 4,500
13.1 Allowance for Printing Expenses at Direct Cost
$ -
13.2 Allowance for Cost Estimating Services
$ -
13.3 Owner's Allowance (10%)
$ 4,500
TOTAL COST:
$ 53,810
1707 East Highland Avenue · Suite 200 · Phoenix, Arizona 85016 Phone (602) 266-1970
EXHIBIT "B-2"
Hours and Rates
PE/Director
Andy Goh
Estimating
Manager:
Matt
Chappell
Senior
Estimator:
James
Padilla
Admin
< PROJECT
ROLE
$ 215.00 $ 180.00 $ 145.00 $ 65.00 < HOURLY
RATES
TASK DESCRIPTION
TOTAL
HOURS
PER TASK
Task 1.0 Project Description & Scope
of Construction
Task 2.0 Assignment
Task 3.0 Project Schedule
0
0
0
0
0
3.1 Production Schedule
Task 4.0 Quality Control
0
0
0
0
0
4.1 Quality Control Plan
Task 5.0 Preliminary Research
0
0
0
0
0
5.1 Perform Document Search and
Research
5.2 Investigate Existing Conditions
5.3 Survey
Task 6.0 Utility/Agency Coordination
0
0
0
0
0
6.1 Coordination with Utilities (PIPG)
6.2 Identify Utility Conflicts
6.3 Coordination Design of Utilities
Task 7.0 Geotechnical Investigation
0
0
0
0
0
7.1 Soil and Pavement Borings
Task 8.0 Programming & Schematic
Design (30%)
4
8
40
2
70
8.1 Site Investigation & Information
Gathering
8.2 Prepare CAD Base Plans
1707 East Highland Avenue · Suite 200 · Phoenix, Arizona 85016 Phone (602) 266-1970
8.3 Prepare 30% SD & ROM Cost
Estimate
4
8
40
2
8.4 CofC Review/Meeting/Site Visit
16
Task 10.0 Design Development (60% &
80%)
42
4
24
2
72
10.1 Prepare 60% CAD Base Plans
10.2 Coordinate Preliminary MP&E
Engineering
10.3 Prepare 60% Plans & Outline
Specs
10.4 Coordinate 60% Cost Estimate -
Update and Reconciliation
2
4
24
2
10.5 60% CofC Review/Meeting -
Constructability Review
40
Task 11.0 Construction Documents
(90% & 100%)
42
4
40
2
88
11.1 Prepare 90% CAD Base Drwgs
11.2 Coordinate MP&E Engineering
11.3 Prepare 90% Plans & Draft Tech
Specs
11.4 Coordinate 90% Cost Estimate -
Update and Reconciliation
2
4
40
2
11.5 90% CofC Review/Meeting -
Constructability Review
40
11.6 Coordinate 100% MP&E
Engineering
11.7 Prepare 100% Plans & Final Tech
Specs
11.8 100% Deliverables, Plan Review &
Permit
11.9 100% Engineer's Cost Estimate
Task 12.0 Contractor Coordination /
Bidding
40
0
0
0
40
12.1
Coordinate & Issue Bid
Documents - 20 Design Phase
Meetings
40
12.2 RFIs / Substitution Requests
12.3 Issue Addenda as required
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page C-1
Project No.: ST2303.201
Rev. 6/22/2023
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: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page C-2
Project No.: ST2303.201
Rev. 6/22/2023
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: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page C-3
Project No.: ST2303.201
Rev. 6/22/2023
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: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page D-1
Project No.: ST2303.201
Rev. 6/22/2023
EXHIBIT “D”
SPECIAL CONDITIONS
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of
the MAG Specifications and MAG Standard Details as amended by City. City’s current
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found
and downloaded from City’s website at http://www.chandleraz.gov/udm.
City Ownership of Project Documents. All work products (electronically or manually
generated) including, but not limited to: plans, specifications, cost estimates, field notes,
tracings, studies, investigations, design analyses, original drawings, original mylars, Computer
Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, and other
related documents which are prepared in the performance of this Agreement (collectively
referred to as "Documents") are to be and remain the property of City and are to be delivered
to the Project Manager before the final payment is made to Consultant. In the event these
Documents are altered, modified or adapted without the written consent of Consultant,
which consent Consultant must not unreasonably withhold, City agrees to hold Consultant
harmless to the extent permitted by law from the legal liability arising out of City's alteration,
modification or adaptation of the Documents.
Re-use of Documents. The parties agree the documents, drawings, specifications and designs,
although the property of City, are prepared for this specific project and are not intended nor
represented by Consultant to be suitable for re-use for any other project. Any re-use without
written verification or adaptation by Consultant for the specific purpose intended will be at
City’s sole risk and without liability or legal exposure to Consultant.
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional
seal all plans, works, and deliverables prepared by each for this Agreement as required by
state law.
Work within City's Right-of-Way. All work performed within City's Right-of-Way by Consultant
and Consultant’s subconsultants must comply with City of Chandler requirements.
Project Name: COOPER ROAD / INSIGHT WAY LOOP EXTENSION
Page F-1
Project No.: ST2303.201
Rev. 6/22/2023
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A
INSR
ADDL SUBR
LTR
INSR WVD
DATE (MM/DD/YYYY)
PRODUCER
CONTACT
NAME:
FAX
PHONE
(A/C, No):
(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF
POLICY EXP
TYPE OF INSURANCE
LIMITS
(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE
NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE
$
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
CLAIMS-MADE
OCCUR
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
$
PRO-
OTHER:
LOC
JECT
COMBINED SINGLE LIMIT
$
(Ea accident)
BODILY INJURY (Per person)
$
ANY AUTO
OWNED
SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS ONLY
AUTOS
AUTOS ONLY
HIRED
PROPERTY DAMAGE
$
AUTOS ONLY
(Per accident)
$
OCCUR
EACH OCCURRENCE
$
CLAIMS-MADE
AGGREGATE
$
DED
RETENTION $
$
PER
OTH-
STATUTE
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
CERTIFICATE HOLDER
CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2016/03)
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
Liberty Insurance Corporation
Liberty Mutual Fire Insurance Company
First Liberty Insurance Corporation
Endurance American Specialty Ins Co
12/21/2023
USI Insurance Services LLC
2375 E. Camelback Rd, Suite 250
Phoenix, AZ 85016
Bridget Brakeall
602.374.1331
bridget.brakeall@usi.com
AZTEC Engineering Group, Inc.
501 N 44th St, Suite 300
Phoenix, AZ 85008-4505
42404
23035
33588
41718
A
X
X
X
X
X
X
TB7Z61065463094
01/01/2024 01/01/2025
1,000,000
100,000
10,000
1,000,000
2,000,000
2,000,000
A
X
X
X
X
X
AS7Z61065463084
01/01/2024 01/01/2025
1,000,000
B
X
X
X
0
X
X
TH7Z61065463124
01/01/2024 01/01/2025
9,000,000
9,000,000
C
N
X
WC6Z61065463104
01/01/2024 01/01/2025 X
1,000,000
1,000,000
1,000,000
D
Professional &
Pollution Liab
Claims Made Basis
X
X
X
DPL30001421704
01/01/2024 01/01/2025 $5,000,000 Per Claim
$10,000,000 Aggregate
$250,000 SIR
AZTEC Engineering Group, Inc. - Retro Date: 11/01/1992 | Beiswenger, Hoch & Associates, Inc. - Retro Date:
01/01/1955
Leased/Rented Equipment $25,000 per item Limit/ $1,000 Deductible.
Hired Auto Physical Damage $75,000 Limit/$1,000 Comp/Coll Ded.
(See Attached Descriptions)
City of Chandler - Public Works & Utilities Department
PO Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
1 of 2
#S43004260/M42660252
TYPSAUSA
Client#: 1273063
SACT
1 of 2
#S43004260/M42660252
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
Valuable papers coverage is included with a $400,000 limit.
The General Liability, Automobile Liability, Umbrella Liability, and Pollution Liability policies include
an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate
holder, only when Required by Contract for work performed by the Named Insured. The General Liability,
Automobile Liability, and Pollution Liability policies contain a special endorsement with Primary and
Noncontributory wording, when required by written contract. The General Liability, Automobile Liability,
Umbrella Liability, Pollution Liability, and Workers Compensation policies include a Waiver of Subrogation
endorsement in favor of the Certificate Holder as referenced above. The General Liability, Automobile
Liability, Umbrella Liability, Workers Compensation and Professional/Pollution Liability policies include
an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the
Insurance Carrier. General Liability General Aggregate Limit applies per project and location.
Certificate Holder name continues: ATTN: CIP City Engineer: Warren White, P.E.
RE: Project: AZMUN2310, Cooper Road/Insight Way Loop Extension, Subagreement #ST2303.201.
Additional Insured Includes: City of Chandler, its agents, representatives, officers,
directors, officials, and employees.
Separation of Insureds is included per form CG 00 01 04 13
2 of 2
#S43004260/M42660252
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 37 12 19
© Insurance Services Office, Inc., 2018
Page 1 of 1
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available
under
the
applicable
limits
of
insurance;
whichever is less.
This
endorsement
shall
not
increase
the
applicable limits of insurance.
TB7Z61065463094
All persons or organization with whom you have
entered into a written contract or agreement, prior to an
"occurrence" or offense, to provide additional insured
status.
All locations as required by a written contract or
agreement entered into prior to an "occurrence" or
offense.
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 12 19
© Insurance Services Office, Inc., 2018
Page 1 of 2
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the
additional
insured(s)
at
the
location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional
insureds,
the
following
additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All
work,
including
materials,
parts
or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
TB7Z61065463094
All persons or organization with whom you have entered
into a written contract or agreement, prior to an
"occurrence" or offense, to provide additional insured
status.
All locations as required by a written contract or
agreement entered into prior to an "occurrence"
or offense.
Page 2 of 2
© Insurance Services Office, Inc., 2018
CG 20 10 12 19
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This
endorsement
shall
not
increase
the
applicable limits of insurance.
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19
© Insurance Services Office, Inc., 2018
Page 1 of 1
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
Policy Number: TB7Z61065463094
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that
the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement
applies only to the person(s) or
organization(s) shown in the Schedule above.
Schedule
Name Of Person(s) Or Organization(s):
As required by written contract or agreement entered into prior to loss.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
© Insurance Services Office, Inc., 2018
Page
of 1
1
CG 24 04 12 19
TB7Z61065463094
Policy Number: TB7Z61065463094
TB7Z61065463094
LIM 99 02 08 11
© 2011 Liberty Mutual Group of Companies. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
its permission.
Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) /
Organization(s):
Email Address:
Per Schedule on File with Company
Per Schedule on File with Company
A.
If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule above by email as soon as practical after notifying the first Named Insured.
B.
This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure
to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
All other terms and conditions of this policy remain unchanged.
Policy Number:TB7Z61065463094, AS7Z61065463084
Issued by:
Liberty Insurance Corporation
AS7Z61065463084
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO ENHANCEMENT ENDORSEMENT
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Page 1 of 11
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I.
Newly Acquired or Formed Organizations
II.
Employees as Insureds
III.
Lessor - Additional Insured and Loss Payee
IV.
Supplementary Payments - Increased Limits
V.
Fellow Employee Coverage
VI.
Personal Property of Others
VII.
Additional Transportation Expense and Cost to Recover Stolen Auto
VIII.
Airbag Coverage
IX.
Tapes, Records and Discs Coverage
X.
Physical Damage Deductible - Single Deductible
XI.
Physical Damage Deductible - Glass
XII.
Physical Damage Deductible - Vehicle Tracking System
XIII.
Duties in Event of Accident, Claim, Suit or Loss
XIV.
Unintentional Failure to Disclose Hazards
XV.
Worldwide Liability Coverage - Hired and Nonowned Autos
XVI.
Hired Auto Physical Damage
XVII.
Auto Medical Payments Coverage Increased Limits
XVIII.
Drive Other Car Coverage - Broadened Coverage for Designated Individuals
XIX.
Rental Reimbursement Coverage
XX.
Notice of Cancellation or Nonrenewal
XXI.
Loan/Lease Payoff Coverage
XXII.
Limited Mexico Coverage
XXIII.
Waiver of Subrogation
I.
NEWLY ACQUIRED OR FORMED ORGANIZATIONS
Throughout this policy, the words you and your also refer to any organization you newly acquire or form, other
than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest,
provided:
A.
There is no similar insurance available to that organization;
B.
Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until:
1.
The 90th day after you acquire or form the organization; or
2.
The end of the policy period, whichever is earlier; and
C.
The coverage does not apply to an "accident" which occurred before you acquired or formed the
organization.
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Page 2 of 11
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
II. EMPLOYEES AS INSUREDS
Paragraph A.1. Who Is An Insured of SECTION II - LIABILITY COVERAGE is amended to add:
Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or
borrow in your business or your personal affairs.
III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE
A.
Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The
coverages provided under this section apply to any "leased auto" until the expiration date of this policy or
until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first.
B.
For any "leased auto" that is a covered "auto" under SECTION II - LIABILITY COVERAGE, Paragraph A.1.
Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However,
the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions
by:
1.
You.
2.
Any of your "employees" or agents; or
3.
Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with
the permission of any of the above.
C.
Loss Payee Clause
1.
We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered
"leased auto".
2.
The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from
fraudulent acts or omissions on your part.
3.
If we make any payment to the lessor of a "leased auto", we will obtain his or her rights against any
other party.
D.
Cancellation
1.
If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common
Policy Condition.
2.
If you cancel the policy, we will mail notice to the lessor.
3.
Cancellation ends this agreement.
E.
The lessor is not liable for payment of your premiums.
F.
For purposes of this endorsement, the following definitions apply:
"Leased auto" means an "auto" which you lease for a period of six months or longer for use in your
business, including any "temporary substitute" of such "leased auto".
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Page 3 of 11
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
"Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the
covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction.
IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS
Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - LIABILITY COVERAGE are deleted and replaced by the
following:
(2) Up to $3,000 for the cost of bail bonds (including bonds for related traffic law violations) required because
of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including the actual loss of earnings up to
$500 a day because of time off from work.
V.
FELLOW EMPLOYEE COVERAGE
A.
Exclusion B.5. of SECTION II - LIABILITY COVERAGE does not apply.
B.
For the purpose of Fellow Employee Coverage only, Paragraph B.5. of BUSINESS AUTO CONDITIONS is
changed as follows:
This Fellow Employee Coverage is excess over any other collectible insurance.
VI. PERSONAL PROPERTY OF OTHERS
Exclusion 6. in SECTION II - LIABILITY COVERAGE for a covered "auto" is amended to add:
This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal
property" of your "employees" or others while such property is carried by the covered "auto". The Limit of
Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit
of Insurance.
For the purpose of this section of this endorsement, "personal property" is defined as any property that is not
used in the individual's trade or business or held for the production or collection of income.
VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO
A.
Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
The amount we will pay is increased to $50 per day and to a maximum limit of $1,000.
B.
Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following:
If your business is shown in the Declarations as something other than an auto dealership, we will also pay
up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the
place where it is recovered to its usual garaging location.
VIII.AIRBAG COVERAGE
Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add:
This exclusion does not apply to the accidental discharge of an airbag.
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 4 of 11
IX. TAPES, RECORDS AND DISCS COVERAGE
Exclusion B.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following:
a.
Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio,
visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or
data electronic devices:
(1) Are your property or that of a family member; and
(2) Are in a covered "auto" at the time of "loss".
The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage.
X.
PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE
Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following:
D.
Deductible
For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will
be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage
deductible shown in the Declarations does not apply to "loss" caused by fire or lightning.
When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the
involved covered "autos" will be reduced by a single deductible, which will be the largest of all the
deductibles applying to all such covered "autos".
XI. PHYSICAL DAMAGE DEDUCTIBLE - GLASS
Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add:
No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it.
XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM
Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add:
Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss"
caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a
global positioning device and that device was the method of recovery of the vehicle.
XIII.DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to:
a.
In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate
must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must
include:
(1) How, when and where the "accident" or "loss" occurred;
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 5 of 11
(2) The "insured's" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be
considered knowledge by you unless you, your insurance manager or any other person you designate has
received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee".
b.
Additionally, you and any other involved "insured" must:
(1) Assume no obligation, make no payment or incur no expense without our consent, except at the
"insured's" own cost.
(2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received
concerning the claim or "suit".
(3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit".
(4) Authorize us to obtain medical records or other pertinent information.
(5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require.
XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following:
Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business
Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage
for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as
reasonably possible after its discovery
XV.WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS
Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to include the following:
For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory
means all parts of the world subject to the following provisions:
a.
If claim is made or "suit" is brought against an "insured" outside of the United States of America, its
territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate,
negotiate, and settle or defend such claim or "suit".
If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or
defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in
connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the
United States of America at the rate of exchange prevailing on the date of reimbursement.
The "insured" shall provide us with such information we shall reasonably request regarding such claim or
"suit" and its investigation, negotiation, and settlement or defense.
The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not
unreasonably withhold consent.
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 6 of 11
b.
We are not licensed to write insurance outside of the United States of America, its territories or possessions,
Puerto Rico and Canada.
We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of
complying with the laws of other countries relating to auto insurance.
Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This
insurance does not apply to such fines or penalties.
XVI. HIRED AUTO PHYSICAL DAMAGE
If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos,
the following will apply:
A.
We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private
passenger type hired without an operator for use in your business:
1. The most we will pay for coverage afforded by this endorsement is the lesser of:
a.
The actual cost to repair or replace such covered "auto" with other property of like kind and quality;
or
b.
The actual cash value of such covered "auto" at the time of the "loss".
2.
An adjustment for depreciation and physical condition will be made in determining actual cash value in
the event of a total "loss".
3.
If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the
betterment.
B.
For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be
reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you
own. If no applicable deductible is shown in the Declarations, the deductible will be $250.
If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos,
this Section XVI of this endorsement does not apply.
C.
Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by:
b.
Loss of Use Expenses
For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an
"insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or
hired without a driver, under a written rental contract or agreement. We will pay for loss of use
expenses caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for
any covered "auto";
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage
is provided for any covered "auto"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered
"auto".
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 7 of 11
However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900.
XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS
For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the
Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount
we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds",
premiums paid, claims made, or vehicles involved in the "accident".
If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of
this endorsement does not apply.
XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS
A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the
Schedule to this endorsement.
B.SECTION II - LIABILITY COVERAGE is amended as follows:
1.
Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by
any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or
her spouse while a resident of the same household except:
a.
Any "auto" owned by that individual or by any member of his or her household; or
b.
Any "auto" used by that individual or his or her spouse while working in a business of selling,
servicing, repairing or parking "autos".
2.
The following is added to Who Is An Insured:
Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her
spouse, while a resident of the same household, are "insureds" while using any covered "auto"
described in Paragraph B.1. of this endorsement.
C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as
follows:
The following is added to Who Is An Insured:
Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her
"family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't
own except:
Any "auto" owned by that individual or by any "family member".
D.SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows:
Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care,
custody or control of any individual named in the Drive Other Car section of the Schedule to this
endorsement or his or her spouse while a resident of the same household except:
1.
Any "auto" owned by that individual or by any member of his or her household; or
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 8 of 11
2.
Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing,
repairing or parking "autos".
E.
For purposes of this endorsement, SECTION V - DEFINITIONS is amended to add the following:
"Family member" means a person related to the individual named in the Drive Other Car section of the
Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's
household, including a ward or foster child.
XIX. RENTAL REIMBURSEMENT COVERAGE
A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay
for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered
physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise
applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this
coverage.
B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss"
and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage
limit.
C. Our payment is limited to the lesser of the following amounts:
1.
Necessary and actual expenses incurred; or
2.
$30 per day with a maximum of $900 in any one period.
D. This coverage does not apply:
1.
While there are spare or reserve "autos" available to you for your operations; or
2.
If coverage is provided by another endorsement attached to this policy.
E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not already provided
for under Paragraph A.4. Coverage Extensions of SECTION III – PHYSICAL DAMAGE COVERAGE of the
Business Auto Coverage Form or Section VII of this endorsement.
XX.NOTICE OF CANCELLATION OR NONRENEWAL
A.
Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to:
2.
We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the
Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal
Schedule:
a.
For reasons of non-payment, the greater of:
(1) 10 days; or
(2) The number of days specified in any other Cancellation Condition attached to this policy; or
b.
For reasons other than non-payment, the greater of:
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 9 of 11
(1) 60 days;
(2) The number of days shown in the Cancellation and Non-renewal Schedule; or
(3) The number of days specified in any other Cancellation Condition attached to this policy,
prior to the effective date of the cancellation or non-renewal.
B.
All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto,
remain in full force and effect.
XXI. LOAN/LEASE PAYOFF COVERAGE
The following is added to Paragraph C. Limit of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE:
In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or
declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on
the lease or loan for that covered "auto", less:
1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and
2. Any:
a.
Overdue lease/loan payments at the time of the "loss";
b.
Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
c.
Security deposits not returned by the lessor;
d.
Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased
with the loan or lease; and
e.
Carry-over balances from previous loans or leases.
This coverage is limited to a maximum of $1500 for each covered "auto".
XXII. LIMITED MEXICO COVERAGE
WARNING
AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE
UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A
CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER.
IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED
BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT
ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN
INSURANCE COMPANY BEFORE DRIVING INTO MEXICO.
THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES
FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA.
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
© 2013 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 10 of 11
AC 84 07 07 13
A.
Coverage
1.
Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the
following:
The coverage territory is extended to include Mexico but only if all of the following criteria are met:
a.
The "accidents" or "loss" occurs within 25 miles of the United States border; and
b.
While on a trip into Mexico for 10 days or less.
2.
For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in
SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following:
The insurance provided by this endorsement will be excess over any other collectible insurance.
B.
Physical Damage Coverage is amended by the addition of the following:
If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the
covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash
value of such "loss" at the nearest United States point where the repairs can be made.
C.
Additional Exclusions
The following additional exclusions are added:
This insurance does not apply:
1.
If the covered "auto" is not principally garaged and principally used in the United States.
2.
To any "insured" who is not a resident of the United States.
XXIII. WAIVER OF SUBROGATION
Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or
organization where the Named Insured has agreed, by written contract executed prior to the date of
"accident", to waive rights of recovery against such person or organization.
AS7Z61065463084
Liberty Insurance Corp.
Policy Number
Issued by
AC 84 07 07 13
© 2013 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 11 of 11
Schedule
Premium
Liability
Physical Damage
Total Premium
V. Fellow Employee
Schedule of Employees:
XVIII. Drive Other Car
LIAB
MP
UM
UIM
COMP
COLL
Name of Individual
XX. Notice of Cancellation or Nonrenewal
Name and Address Number of Days
This endorsement applies in all states except:
See form
AC84071117
Not Applicable
Not Applicable
Not Applicable
AL, AR, AZ, CA, CO, CT, DC, DE, GA, ID, KS, KY, LA, MI, MN, MO, MT, NC,
ND, NJ, NY, OK, PA, RI, SD, TX, UT, VA, VT, WA, WI, WV, WY
AS7Z61065463084
Liberty Insurance Corp.
POLICY NUMBER:
COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SCHEDULE
CA 04 44 10 13
© Insurance Services Office, Inc., 2011
Page 1 of 1
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
Name(s) Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by the endorsement.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior
to the "accident" or the "loss" under a contract with
that person or organization.
Premium: $
Any person or organization for whom you perform work under a written
contract if the contract requires you to obtain this agreement from us, but
only if the contract is executed prior to the injury or damage occurring.
Included
AS7Z61065463084
Policy Number: TH7Z61065463124
LCU 00 01 01 18
© 2017 Liberty Mutual Insurance
Page 17 of 24
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
d. The total applicable limits of all underlying insurance do not decrease, except for any reduction or
exhaustion of aggregate limits by payment of judgments or settlements; and
e. You notify us in writing, as soon as practicable, if any underlying insurance is cancelled, not renewed,
replaced or otherwise terminated, or if the limits or scope of coverage of any underlying insurance is
changed.
Failure to comply with these requirements will not invalidate this insurance. However, in the event of such
failure, we will only be liable to the same extent that we would have been, had you fully complied with these
requirements.
10. Named Insureds
a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations
insured under this policy with respect to all matters pertaining to the insurance afforded by the policy.
b. Each Named Insured is jointly and severally liable for:
(1) All premiums due under this policy; and
(2) Any other financial obligations of any Named Insured to us arising out of any agreements contained in
this policy.
11. Other Insurance
This insurance is excess over, and will not share or contribute with any other insurance whether primary,
excess, contingent or on any other basis.
However, this insurance will not seek contribution from any other insurance available to an additional insured
provided that:
a. The additional insured is a Named Insured on such other insurance;
b. You have agreed in a written contract or agreement with the additional insured that this insurance would
not seek contribution from any other insurance available;
c. Underlying insurance includes the person or organization as an additional insured; and
d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory
basis.
12. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate, complete and based on information and representations
you provided or made to us;
b. We have issued this policy in reliance upon your information and representations.
13. Separation of Insureds
Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the
first named insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom claim is made or suit is brought.
TH7Z61065463124
TH7Z61065463124
TH7Z61065463124
WC6Z61065463104
01/01/2024
WC6Z61065463104
01-01-2024
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
Person or Organization
Schedule
Job Description
Where required by contract or
written agreement prior to loss and
allowed by law.
Any
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 2.0% of the California workers' compensation premium
otherwise due on such remuneration.
Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum
premium charge of $250 per policy.
Issued by
For attachment to Policy No.
Effective Date
Premium $
Issued to
Endorsement No.
AZTEC Engineering Group, Inc.
Liberty Mutual Fire Insurance Company 16586
WC 04 03 06 R1
Ed. 08/01/2013
Page
of
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January 01, 2024
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