City of Prescott Contract
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·.
Professional Services Agreement
FY19-24 Public Works On-Call Professional Services
Contract No. 2019-012
WHEREAS, the City of Prescott (hereinafter referred to as "City") is in need of certain services;
and
WHEREAS, the City has solicited Requests for Qualifications in accordance with State Law; and
WHEREAS, Harrington Planning + Design (hereinafter referred to as "Professional"), has
expertise in providing landscape architect services.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each party to the other, it is hereby agreed as follows:
1. That Professional shall provide the above listed services to the City in relation to the FYI9
24 Public Works On-Call Professional Services Project as indicated in Exhibit "A" (Request
for Statements of Qualifications, Scope of Work, Task and Fee Estimate, and Project
Schedule) and as requested by the City of Prescott Public Works Director.
2. In addition to those services identified in Paragraph 1 above, the Professional shall also
perform all subordinate tasks not specifically referenced in Paragraph 1, but necessary to the
full and effective performance of the tasks specifically referenced.
3. The Professional shall provide sufficient qualified personnel to perform any and all services
as required herein, including but not limited to inspections and preparation of reports, as
reasonably requested by representatives of the City.
4. All services identified in Paragraphs 1 and 2 above shall be completed to the satisfaction of
the City and shall be performed in compliance with the Professional's project schedule
identified in the attached Exhibit "A".
5. The term of this Agreement shall be three (3) years commencing July 1, 2018 and ending
June 30, 2021, with consideration for renewal up to two (2) additional one (1) year periods by
mutual agreement.
6. Notwithstanding the foregoing, this Agreement may be terminated by either party upon ten
(10) days written notice, with or without cause or upon completion of services.
If this
Agreement is terminated, the Professional shall be paid for authorized services satisfactorily
performed to the date of the Professional's receipt of such termination notice.
7. It is agreed by and between the parties that this Agreement incorporates the attached Exhibit
"A" thereto as a part of this Agreement, and that the terms thereof shall be binding between
the parties.
8. Pursuant to A.R.S. § 38-511, the City may cancel this Agreement, without penalty or further
obligation, if any person significantly involved in initiating, negotiating, securing, drafting or
creating the Agreement on behalf of the City is, at any time while the Agreement or any
extension of the Agreement is in effect, an employee or agent of any other party to the
Agreement in any capacity or a Professional to any other party of the Agreement with respect
to the subject matter of the Agreement. In the foregoing event, the City further elects to
recoup any fee or commission paid or due to any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the City from any
other party to the Agreement arising as a result of this Agreement.
9. Any notices to be given by either party to the other must be in writing, and personally
delivered or mailed by prepaid postage, at the following addresses:
Public Works Director
Harrington Planning + Design
City of Prescott
1921 S. Alma School Road, Suite 110
433 N. Virginia Street
Mesa, Arizona 85210
Prescott, Arizona 86301
10. It is expressly agreed and understood by and between the parties that the Professional is an
independent contractor, and, as such, Professional shall not become a City employee, and is
not entitled to payment or compensation from the City, or to any fringe benefits to which
other City employees are entitled.
As an independent contractor, Professional further
acknowledges that it is solely responsible for payment of any and all income taxes, FICA,
withholding, unemployment insurance, or other taxes due and owing any governmental entity
whatsoever as a result of this Agreement. As an independent contractor, Professional further
agrees that it will conduct itself in a manner consistent with such status, and that it will
neither hold itself out nor claim to be an officer or employee of the City by reason thereof,
and that it will not make any claim, demand or application to or for any right or privilege
applicable to any officer or employee of the City, including, but not limited to, worker's
compensation coverage, unemployment insurance benefits, social security coverage, or
retirement membership or credit.
1 I. This Agreement is non-assignable by the Professional unless by sub-contract, as approved in
advance by the City.
12. (A) The City shalI pay to Professional an amount not to exceed twenty five thousand dolIars
and no cents ($25,000.00) annually for all service categories specified in Sections 1 and 2 of
this Agreement, as specified in Exhibit "A".
(B) The foregoing sum includes payment for any and all services to be rendered by
Professional or sub-contractors, which the Professional may employ for this Contract. It is
expressly agreed by and between the parties that the Professional is solely responsible for any
and alI payment to such any other professionals or sub-contractors retained by the
Professional.
(C) Payment of the total amount provided for under Section 12 (A) shall not relieve
Professional of its obligation to complete the performance of all those services specified in
Sections, 1, 2, and 3.
Should the City request in writing additional services beyond that
specified in Sections 1, 2, and 3, then Professional shall charge and City shall pay
Professional in accordance with Exhibit "A".
(D) Prior to the final payment to the Professional, the City shall deduct therefrom any and alI
unpaid privilege, license and other taxes, fees and any and all other unpaid monies due the
Contract No. 2019-012
Page 2 of 7
City from the Professional, and shall apply to those monies to the appropriate accounts.
Professional shall provide to the City any information necessary to determine the total
amount(s) due.
(E) The Professional shall bill the City monthly for the fee due the Professional, based upon
an hourly rate for work completed for each itemized task pursuant to this Agreement and
Exhibit "A" during the billing period. City shall pay such billings within thirty (30) days of
the date of their recei pt.
13. This Agreement is the result of negotiations by and between the parties. Although it has been
drafted by the Prescott City Attorney, it is the result of negotiations between the parties.
Therefore, any ambiguity in this Agreement is not to be construed against either party.
14. This Agreement shall be construed under the laws of the State of Arizona.
15. All work products of the Professional for this Project are instruments of service for this
Project only and shall remain the property of the City whether the Project is completed or not.
All plans, drawings, specifications, data maps, studies and other information, including all
copies thereof, furnished by the City shall remain the property of the City. They are not to be
used on other work, and, with the exception of this Agreement, are to be returned to the City
on request or at the completion of the work.
16. The parties hereto expressly covenant and agree that in the event of a dispute arising from
this Agreement, each of the parties hereto waives any right to a trial by jury. In the event of
litigation, the parties hereby agree to submit to a trial before the Court. The Professional
further agrees that this provision shall be contained in all sub-contracts related to the project,
which is the subject of this Agreement.
17. The parties hereto expressly covenant and agree that in the event of litigation arising from
this Agreement, neither party shall be entitled to an award of attorney fees, either pursuant to
the Agreement, pursuant to A.R.S. § 12-341.01 (A) and (8), or pursuant to any other state or
federal statute, court rule, case law or common law. The Professional further agrees that this
provision shall be contained in all sub-contracts related to the project, which is the subject of
this Agreement.
18. This Agreement represents the entire and integrated Agreement between the City and the
Professional and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both
the City and the Professional. Written and signed amendments shall automatically become
part of the Agreement, and shall supersede any inconsistent provision therein; provided,
however, that any apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
19. In the event any provision of this Agreement shall be held to be invalid and unenforceable,
the remaining provisions shall be valid and binding upon the parties. One or more waivers by
either party of any provision, term, condition or covenant shall not be construed by the other
party as a waiver of a subsequent breach of the same by the other party.
20. Subject to the limitations of A. R. S. § 34-226, the Professional hereby agrees to indemnify
and hold harmless the City, its departments and divisions, its employees and agents, from any
and all claims, liabilities, expenses or lawsuits as a result of the Professional's negligent acts,
errors, or omissions, pursuant to this Agreement, except to the extent said claims, liabilities,
expenses or lawsuits arise by the negligent acts or omissions of the City or hislher agents.
The Professional further releases and discharges the City, its departments and divisions, its
Contract No. 2019-012
Page 3 of7
·.
agents and employees, and any and all persons legally responsible for the acts or omissions of
the City, from any and all claims which the Professional has or may have against the City, its
agents or employees, arising out of or in any way connected with the Professional's activities
as set forth below, other than those acts which occur due to the negligence of the City, its
employees or agents.
21. No oral order, objection, claim or notice by any party to the other shall affect or modify any
of the terms or obligations contained in this Agreement, and none of the provisions of this
Agreement shall be held to be waived or modified by reason of any act whatsoever, other
than by a definitely agreed waiver or modification thereof in writing.
No evidence of
modification or waiver other than evidence of any such written notice, waiver or modification
shall be introduced in any proceeding.
22. (A) Changes in Work: The City, without invalidating the Contract, may order extra work,
make changes by altering, or delete any portion of the work as specified herein, or as deemed
necessary or desirable by the Public Works Director. All such work shall be executed under
the conditions of the original Contract except that any claim for extension of time and
additional cost caused thereby shall be made at the time of ordering such change or extra
work.
(B) Extra work shall be that work not indicated or detailed on the Scope of Work and not
specified. Such work shall be governed by all applicable provisions on the Contract
Document.
(C) In giving instructions, the Public Works Director shall have authority to make minor
changes in the work, not involving extra cost, and not inconsistent with the purposes of the
work. No extra work or change shall be made unless in pursuance of a written order by the
Public Works Director and no claim for an addition to the total amount of the Contract shall
be valid unless so ordered.
(D) Payment for any change ordered by the Public Works Director which involves work
essential to complete the Contract, but for which no basis of payment is provided for herein,
shall be subject to agreement prior to said work being performed.
(E) Adjustments to price and/or Contract Time which are agreed upon shall be incorporated
in the written order issued by the Public Works Director, which shall be written so as to
indicate acceptance on the part of the Professional as evidenced by its signature. In the event
prices cannot be agreed upon, the City reserves the right to terminate the Contract as it
applies to the items in question and make such arrangements as it may deem necessary to
complete the work, or it may direct the Professional to proceed with the items in question to
be reimbursed pursuant to the unit prices in the Professional's fee proposal.
(F) If the Professional claims that any instructions involve extra cost under this Contract, it
shall give the Public Works Director written notice thereof within forty-eight (48) hours after
the receipt of such instructions, and in any event before proceeding to execute the work. No
such claim shall be valid unless so made.
The Professional shall do such extra work
therefore upon receipt of an accepted Contract Amendment or other written order of the
Public Works Director and in the absence of such Contract Amendment or other written order
of the Public Works Director, the Professional shall not be entitled to payment for such extra
work. In no case shall work be undertaken without written notice from the Public Works
Director to proceed with the work. All Contract Amendments must be approved by the Public
Works Director. Contract Amendments over $25,000.00 must be approved by City Council.
Contract No. 2019-012
Page 4 of7
23. (A) The Professional shall obtain and maintain in effect during the term of, and until final
acceptance of all work under this Agreement, a policy or policies of liability insurance with
the following coverage:
1) Commercial General Liability - Occurrence Form (if applicable)
Policy shall include bodily injury, property damage, personal InJury, broad form
contractual liability, and XCU coverage.
General Aggregate
$ 2,000,000
Products - Completed Operations Aggregate
$ 2,000,000
Personal and Advertising Injury
$ 1,000,000
Each Occurrence
$ 1,000,000
Fire Legal Liability (Damage to Rented Premises)
$
100,000
The policy shall be endorsed to include the following additional insured language:
"The City of Prescott shall be named as an additional insured with respect to liability
arising out of the activities performed by, or on behalf of the Professional."
2) Professional Liability (Errors and Omissions Liability)
Each Claim
$ 1,000,000
Annual Aggregate
$ 2,000,000
In the event that the professional liability insurance required by this Contract is written on a
claims-made basis, Professional warrants that any retroactive date under the policy shall
precede the effective date of this Contract and that either continuous coverage will be
maintained or an extended discovery period will be exercised for a period of two (2) years at
the time work under this contract is completed.
The policy shall cover professional misconduct or lack of ordinary skill for those positions
defined in the Scope of Work of this contract.
3) Business Automobile Liability (if applicable) Bodily Injury and Property Damage for
any owned, hired, and/or non-owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL)
$ 1,000,000
(B) City and Professional waive all rights against each other and their directors, officers,
partners, commissioners, officials, agents, sub-contractors and employees for damages
covered by property insurance during and after completion of the Services.
(C) All insurance required pursuant to this Agreement must be written by an insurance
company authorized to do business in the State of Arizona, to be evidenced by a Certificate
of Authority as defined in A.R.S. § 20-217, a copy of which certificate is to be attached to
each applicable bond or binder.
(D) Prior to commencing work under this Agreement, the Professional shall provide City
with evidence that it is either a "self-insured employer" or a "carrier insured employer" for
Workers' Compensation as required by A.R.S. 23-901 et seq., or that it employs no persons
subject to the requirement for such coverage.
(E) Notice of Cancellation: With the exception of a ten (10) day notice of cancellation for
non-payment of premium, any changes material to compliance with this contract in the
insurance policies above shall require a thirty (30) day written notice.
(F) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A-VII, unless otherwise approved by the City of Prescott Risk
Contract No. 2019-012
Page 5 of 7
Management Division. All insurance is to be placed with an insurer admitted in the state in
which operations are taking place.
(G) Verification of Coverage:
Professional shall furnish the City with certificates of
insurance (ACORD form or equivalent approved by the City) as required by this Contract.
The certificates for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. Please note the contract number on the Certificate.
24. The Professional, with regard to the work performed by it after award and during its
performance of this contract, will not discriminate on the grounds of race, color, national
origin, religion, sex, disability or familial status in the selection and retention of sub
contractors, including procurement of materials and leases of equipment. The Professional
will not participate either directly or indirectly in the discrimination prohibited by or pursuant
to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,
Section 109 of the Housing and Community Development Act of 1974, the Age
Discrimination Act of 1975, the Americans With Disability Act (Public Law 101-336, 42
U.S.C. 12101-12213) and all applicable federal regulations under the Act, and Arizona
Governor Executive Orders 99-4, 2000-4 and 2009-09 as amended.
25. Professional Immigration Warranty
Professional understands and acknowledges the applicability to it of the Americans with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free
Workplace Act of 1989. The following is only applicable to construction contracts: The
Professional must also comply with A.R.S. § 34-301, "Employment of Aliens on Public
Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for
Employees".
Under the provisions of A.R.S. § 41-4401, Professional hereby warrants to the City that the
Professional and each of its sub-contractors ("Sub-contractors") will comply with, and are
contractually obligated to comply with all Federal Immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A) (hereinafter "Professional Immigration
W arran ty").
A breach of the Professional Immigration Warranty shall constitute a material breach of this
Contract and shall subject the Professional to penalties up to and including termination of this
Contract at the sole discretion of the City.
The City retains the legal right to inspect the papers of any Professional or Sub-contractors'
employee who works on this Contract to ensure that the Professional or Sub-contractor is
complying with the Professional Immigration Warranty. Professional agrees to assist the City
in regard to any such inspections.
The City may, at its sole discretion, conduct random verification of the employment records
of the Professional and any of Sub-contractors to ensure compliance with the Professional
Immigration Warranty.
Professional agrees to assist the City in regard to any random
verification performed.
Neither the Professional nor any Sub-contractor shall be deemed to have materially breached
the Professional Immigration Warranty if the Professional or Sub-contractor establishes that
it has complied with employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.R.S. § 23-214, Subsection A.
Contract No. 2019-012
Page 6 of7
The provisions of this Article must be included in any contract the Professional enters into
with any and all of its Sub-contractors who provide services under this Contract or any sub
contract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by
a professional or sub-contractor.
Services include construction or maintenance of any
structure, building or transportation facility or improvement to real property.
26. Professional shall exercise the same degree of care, skill and diligence in the performance of
the Services as is ordinarily possessed and exercised by a professional under similar
circumstances.
27. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and Professional.
28. In the event of a discrepancy between this Agreement and Exhibit "A", this Agreement shall
control over Exhibit "A".
29. Non-Availability of Funds: Fulfillment of the obligation of the City under this Agreement is
conditioned upon the availability of funds appropriated or allocated for the performance of
such obligations.
If funds are not allocated and available for the continuance of this
Agreement, this Agreement may be terminated by the City at the end of the period for which
the funds are available. No liability shall accrue to the City in the event this provision is
exercised, and the City shall not be obligated or liable for any future payments as a result of
termination under this paragraph.
l.l'~
.J"~
Dated this _______ day of _____ ________, 2018.
PROFESSIONAL:
ATTEST:
APPROVED AS TO FORM:
Maureen Scott, City Clerk
Contract No. 2019-012
Page 7 of7
ACORD
CERTIFICATE OF LIABILITY INSURANCE
J
DATE (MMIDDIYYYY)
~
6/22 /2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certlf~ate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed ,~lf SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Insurance Professionals of Arizona
3521 E Brown Rd Ste 101
Mesa
AZ 85213
NAME':''"'
michelle jaramillo
r.cpNE
AlC, No, Ext): (480) 981-6338
I[~.NO) :
~i%AR~SS
michelle@insuranceproaz.com
INSURER(S)AFFORDING COVERAGE
NAtC#
tNSURER A: Hartford Scnlinellnsurancc Company LTD
11000
INSURED
Harrington Planning + Design, LLC
Jason Harrington dba
3116 S Mill Ave Sle 305
TEMPE
AZ 85282
INSURER B: Hartford Ins Co of the Midwest
20605
INSURER c: Mercury
11908
INSURER D: Lloyd's of London
10200
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER'
REVISION NUMBER'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
"~f::
TYPE OF INSURANCE
INSD WVD
POLICY NUMBER
(~~Mg~) (~ID-6~~)
LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
2,000,000
r-~ CLAIMS-MADE ~OCCUR
PREMISES(E~~~~~n ce)
f-
$
1,000,000
f-
MED EXP (Anyone person)
$
10,000
A
Y
Y
59SBAPC5673
1010 1/20 17
1010 1/20 18
PERSONAL & ADV INJURY
$
2,000,000
I--
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
4,000,000
P1
DPRO
DLOC
4,000,000
POLICY
JECT
PRODUCTS - COM PlOP AGG
$
OTHER:
$
AUTOMOBILE LIABILITY
(Ea acciden't),'NCiLc LlM"
S 1,000,000
f-
BODILY INJURY (Per person)
$
ANY AUTO
C f- ALL OWNED
X SCHEDULED
BA020000000798
07/ 11 /2017
07 / 11 /2018
BODILY INJURY (Per accident) $
AUTOS
AUTO S
Y
Y
I--
X NON-OWNED
X HIRED AUTOS
_AUTOS
(-P':.';';~ddent)"M""~
$
-
$
UMBRELLA LlAB
~OCCUR
EACH OCCURRENCE
$
1,000,000
A X EXCESS LlAB
CLAIMS-MADE
Y
Y
59SBAPC5673
10 /0 1/20 17
10/0 lI20 I 8
AG GREGATE
$
2,000,000
DED I
I RETENTION $
$
WORKERS COMPENSATION
X I~¥~TUTE I
I~~ -
AND EMPLOYERS' LIABILITY
YIN
~~Y PROPRIETORIPARTNERlEXECUTIVE 0 NIA
E.L. EACH ACCIDENT
$
1,000,000
B
FFICERIMEMBER EXC LUDED?
Y
Y
59WECER4392
12/ 15/2017
121i 5/20 I 8
Mandatory In NH)
E.L . DISEASE - EA EMPLOYEE $
1,000,000
f yes, describe under
1,000,000
DESCRIPTION OF OPERATIONS below
E.L . DISEASE - POLICY LIMIT
$
Professional Liability
Per Occurrence $2,000,000
D
Y
Y
ANE1233225.14
1010 1/2017
10/01/2018
General Aggregate $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remark. Schedule, may be allached If more space is required)
The City of Prc$con shall bc named as additional insured with respect to liability arising out of the activities pcrfomlcd by or on behalf o f U1 C Professional. City and Professional waive all ri ghls aga inst
each other and thcir dircctors, officers, partncrs, commissioners, officials, agents, subcontractors and employees for damages eovcrcd by property insurance during and aficr completion of scrvices.
Conl,-aci #2019-012
InStlfancc is Primary and Non ConlribuIOT)'. waiver of subrogation where applicable
JO days advance written nOlice ofcancellation
10 days advance written notice of cancellation for non payment
CERTIFICATE HOLDER
CANCELLATION
City ofPrescolt
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
I
AUTHORIZED REPRESENTATIVE
/.1~J"'~
© 1988·2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 59SBAPC5673
BUSINESSOWNERS
BP14020713
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
"AS PER WRITTEN CONTRACT"
"ALL LOCATIONS"
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section" - Liability is amended as follows:
A. The following is added to Paragraph C. Who Is An
Insured:
Any person(s) or organization(s) shown in the
Schedule is also an additional insured, 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
Paragraph D. Liability And Medical Expenses
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 shown in the Declarations;
whichever is less.
This
endorsement
shall
not
increase
the
applicable Limits Of Insurance shown in the
Declarations.
BP 14020713
© Insurance Services Office, Inc., 2012
Page 1 of 1
POLICY NUMBER: 59SBAPC5673
COMMERCIAL GENERAL LIABILITY
CG 20 10 1001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
"AS PER WRITTEN CONTRACT"
"ALL LOCATIONS"
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Section II - Who Is An Insured is amended to
(1) All work, including materials, parts or
include as an insured the person or organization
equipment furnished in connection with
shown in the Schedule, but only with respect to l
such work, on the project (other than
ability arising rut of your ongoing operations per
service, maintenance or repairs) to be
formed for that insured.
performed by or on behalf of the addi
tional insured(s) at the site of the cov
B. With respect to the insurance afforded to these
ered operations has been completed; or
additional insureds, the following exclusion is
added:
(2) That portion of "your work" out of which
the injury or damage arises has been
2. Exclusions
put to its intended use by any person or
This insurance does not apply to "bodily injury"
organization
other
than
another
or "property damage" occurring after:
contractor or subcontractor engaged in
performing operations for a principal as
a part of the same project.
CG20101001
© ISO Properties, Inc., 2000
Page 1 of 1
D
POLICY NUMBER: BA020000000798
COMMERCIAL AUTO
CA04441013
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:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: Harrington Planning & Design LLC
Endorsement Effective Date: 12/7/2017
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
AS WRITTEN PER CONTRACTS
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
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.
CA 04 441013
© Insurance Services Office, Inc., 2011
Page 1 of 1
POLICY NUMBER: 59 SBA PC5673
COMMERCIAL GENERAL LIABILITY
CG 20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
"AS PER WRITTEN CONTRACT"
"ALL LOCATIONS"
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.
CG 20100413
© Insurance Services Office, Inc., 2012
Page 1 of 2
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 shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
Page 2 of 2
© Insurance Services Office, Inc., 2012
CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 59 WEe EH4392
Endorsement Number:
Effective Date: 1211512017
Erfectlve hour Is the sama as stated on the Information Page or the policy.
Named Insured and Address:
IIARRTNGTON
P},ANNING DESIGN T.J.,C
31J6 S MJLL AV}'; S'J'E
JOCi
TEMPE,
lI'l. 8528?
We have the right to recover our payments from anyone liable ror an Injury covered by this policy. We will not
enforce our right against the person or organization named In the Schedule.
This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule.
SCHEDULE
ANY
PERSON OR ORGAN I ZAT ION
FROM
~IHOM YOU AIlE REQUIRED
BY WRITTEN CONTRACT OR
AGREEMENT TO OBTAIN THIS
WAIVER OF RIGHTS FROM US,
Countersignod by -----+-F-----::--:-;--:;---:;-;::;-:-:~:_:_:~::_:=_
Form we 000313 Printed in U.S.A.
Polley Expiration Date:
Process Date: :
Exhibit A