HomeMy WebLinkAboutPW13-196 - Original - Allen Brackett Shedd - SR 516 to S. 231st Way Levee - Contract - 08/13/2013 Records Management ,
KENT
Document
WASH i„GTO„
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Valbridge I Allen Brackett Shedd
Vendor Number:
JD Edwards Number
Contract Number: —ail 3 - l R(�
This is assigned by City Clerk's Office
Project Name: SR 516 to S. 2315Y Way Levee
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 8/13/13 Termination Date: 12/31/13
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Beth Tan Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Pregare narrative appraisal reports for the_project.
S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
W.S NI NG'.
PROFESSIONAL SERVICES AGREEMENT
between the City of Kent and
Valbridge I Allen Brackett Shedd
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Valbridge l Allen Brackett Shedd organized under the laws of the State of
Washington, located and doing business at 419 Berkeley Ave., Suite A, Fircrest, WA 98466, Phone: (253)
274-0099/Fax: (253) 564-9442, Contact: Darin Shedd (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
The Contractor shall prepare narrative appraisal reports for the SR 516 to S.
2315t Way Levee Project. For a description, see the Contractor's Scope of
Work which is attached as Exhibit A and incorporated by this reference.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
Ii. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the
work by December 31, 2013.
III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Six
Thousand, Five Hundred Dollars ($6,500.00) for the services described in this Agreement. The Contractor
shall invoice the City monthly based on time and materials incurred during the preceding month. The
hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated
Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this
Agreement.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Contractor's services, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
PROFESSIONAL SERVICES AGREEMENT - 1
(Under$10,000)
E. The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Contractor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party seven (7) calendar days written notice at its address set forth on the signature
block of this Agreement.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the
Contractor or subcontractor shall not discriminate against any person who is qualified and available to
perform the work to which the employment relates as provided for by the City of Kent's Equal
Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the
contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive
the expiration or termination of this Agreement.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then
Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Contractor's part.
VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those services. All work shall be done at Contractor's own risk, and
Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held
for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
PROFESSIONAL SERVICES AGREEMENT - 2
(Under$10,000)
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. Should any language in any of the exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
CONTRACTOR: CIrYK NT:
By: By:
(sign re) �I (si ature)
Print Name: i 14I . q Print Name: Timothy J. LaPorte, P.E.
Its D�YI'cn�'�Ivnu.c� Its: Public Works Director
(tit e)
DATE: 7"ZZ—I DATE: gT_ l-3
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Darin Shedd Timothy J. LaPorte, P.E.
Valbridge I Allen Brackett Shedd City of Kent
419 Berkeley Ave., Suite A 220 Fourth Avenue South
Fircrest, WA 98466 Kent, WA 98032
(253) 274-0099 (telephone) (253) 856-5500 (telephone)
(253) 564-9442 (facsimile) (253) 856-6500 (facsimile)
PROFESSIONAL SERVICES AGREEMENT - 3
(Under$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this 7/Z-- day of , 20a.
By: - //
For: V& ,r.- l e ('u(- e SIB
Title: �.
Date: 7- Z
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 20_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
419 Berkeley Avenue 00 Blh Street
Va I b r i d g e butte
Suite A bu�te 2Q0
PROPERTY ADVISORS Rrue,t,WA98466 Bellevue.WA88005
253-274-009y phuna 125-450 4049 phone
Allen Brackett Shedd 253-564-0442 fax 425-688-1a19lax
valbridge com valbndge rum
July 10, 2013
i
Ms Beth Tan, P.E., CFM
Environmental Engineer III
City of Kent
220 Fourth Avenue South
Kent, WA 98032
RE: KENT LEVEE IMPROVEMENT, CITY OF KENT PARCELS 232204-9027 AND
232204-9010,LOCATED IN KENT,WASHINGTON
Dear Ms. Tarr
As requested, I have reviewed information relating to the properties referenced above
for the purpose of estimating a fee and timing for completion of Narrative Appraisal
Reports for each property pursuant to the mapping and data provided in your request
for scope of work email of July 10, 2013.
Narrative Appraisal Reports can be completed within 45 days of your authorization to
proceed for the following fee:
Golf Course Property(232204-9010) - $2,750
Maintenance Property (232204-9027) - $3,750
Total: $6,500
Thank you for your consideration of Valbridge I Allen Brackett Shedd for this
assignment. Please call if you have any questions.
Sincerely,
i
VALBRIDGE PROPERTY ADVISORS I ALLEN BRACKETT SHEDD
i
Darin A Shedd, MAI i
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
Fired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
Page I of I
DATE IMMIOO/VYWI
Acono CERTIFICATE 4F LIABILITY INSURANCE 1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS LPON TI IL CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFtRMATIVFI Y OR NEGATIVELY AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
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REPRESENTAI 1%E OR PRODUCER,AND THE CERTIFICATE HOLDER
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CERTIFICATE HOLDER CANCELLATION F}
SIIOULD ANY OF TIDE ABA DESCRIBED POLICIES BE CANCELLED BEFORE
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CERTIFICATE OF INSURANCE
Producer Issue Date 07/03/2013
This Certificate is issued as a matter of information only and
LIA ADMINISTRATORS&INSURANCE SERVICES confer;no rights upon the Certificate Holder This Certificate
P O Box 1319 does not amend,extend or alter the(,overage afforded by the
Santa Barbara,CA 93102-1319 policy below
Insured 111764 COMPANY AI FORDING COVERAGE
ALLEN BRACKETI SHEDD/BRUCE C ALLEN
&ASSOC,INC/Murray Brackett,MAI Liberty Insurance Underwriters,Inc.
12320 NE 8th Street, Suite 200
Bellevue,WA 98005
Fax Number 425-688-1819 /C y
Authorized Representative
This is to certify that the policy of insurance listed below has been issued to the insured named above for the policy period indicated
Notwithstanding any requirement,term of condition of any contract or other document with respect to which this Certificate may be
issued or may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions and conditions
of such policy Limits shown may have been reduced by paid claims
DISCLAIMER: This certificate of insurance does not affirmatively or negatively amend,extend,or alter the coverage afforded
by the insurance policy
TYPE OF rNSURANCL POLICY NUMBER EFFECTIVE DATE EXPIRATION DATF LIMITS
Professional Liability LIU004803-012 06/29/2013 06/29/2014 Each Claim $ 2,000,000
General Aggregate 5 2,000,000
Description of Operations/Locations/Special Items
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSLRANCE
Certificate Holder Cancellation:
City of Kent/Public Works Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES
Ann Timothy J LaPorte,P E BE CANCELLED BEFORE THE EXPIRATION DATE
400 W Gowe THEREOF,NOTICE WILL BE DELIVERED IN
Kent,WA 98032 ACCORDANCE WITH THE.POLICY PROVISIONS.
LIA0001 (11197)
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred,or
"employees", "volunteer workers", injury"
any partner or member (if you are (2) "Personal and advertising a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company) organization
b. Real Estate Manager 4 Operator Of Mobile Equipment
Any person (other than your 'employee"or With respect to "mobile equipment" registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway wth your
Property permission Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you arising out of the operation of the equipment,and
die, but only only if no other insurance of any <md is available
(1) With respect to liability arising out of the to that person or organization for this liability
mairvenance or use of that property,and However,no person or organization is an insured
(2) Until your legal representative has with respect to
been appointed a "Bodily injury" to a co-"employee" of the
d. Legal Representative If You Die person dr,ving the equipment, or
Your legal representative if you die, but b• "Property damage" to property owned by,
only with respect to duties as such That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance an insured under this provision
e Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subs diary and subsidiary thereof of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part your permission Any other person or
The insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown in the herein
for an y such person is also an insured, but only with
respect to liability arising out of the operation
as a named insured does not apply to of the watercraft, and only if no other
injury or damage with respect to which an insurance of any kind is available to that
insured under this insurance is also an person or organization for this liability
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of its insured with respect to
limits of insurance a. "Bod ly injury" to a cc-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft,or
Any organization you newly acquire or form b "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50`/0 of /^-fit an insured under this provision
the voting stock will qualify as a Named J 6) Additional Insureds When Required By
Insured if there is no other similar insurance / Written Contract, Written Agreement Or
availaale to that organizat on However Permit
a Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a through f below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period,whichever is earlier, and
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
y contract, wn Tten agreement or because of a (e) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
r' t� be added as an additional insured on your agreed to make or normally
V policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement, or the issuance of the permit with the distribution or sale of the
A person or organization is an additional products,
insured under this provision only for that (f) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit excep• such operations performed
at the vendor's premises i
However, no such person or organization is an
additional insured under this provision if such connection with the Sale of the
person or organization is included as an product,
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific container, part or ingredient of any
additional nsured coverage grants in Section other th ng or substance by or for
F.—Optional Additional Insured Coverages the vendor,or
a. Vendors (h} "Bodily injury" or "property
damage" arising out of the sole
Any persons)or organizations) (referred to
below as vendor), but only with respect to negligence of the vendor for its
own acts or emissions or those
"bodily injury" or "property damage" arising
out of 'your products" which are distributed its employees or anyone else
acting on its
or sold in the regular course of the vendor's n
business and only if this Coverage Part exclusion doeess not apply to
not However,this
provides coverage for "bodily injury" or (i) The exceptions contained in
"property damage" included within the Subparagi aphs (d)or(f), or
"products-completed operations hazard" (n) Such inspections, adjustments,
(1) The insurance afforded to the vendor tests or servicing as the vendor
is subject to the following additional has agreed to make or normally
exclusions undertakes to make in the usual
course of business, in
This insurance does not apply to connection with the dis7ibution
(a) "Bodily injury" or "property or sale of the products
damage" for which the vendor is (2) This insurance does not apply to any
obligated to pay damages by insured person or organization from
reason of the assumpuon of whom you have acquired such products,
lability in a contract or agreement or any ingredient, part or container,
This exclusion does not apply to entering into accompanying or
liability for damages that the containing such products
vendor would have in the absence
of the contract or agreement b Lessors Of Equipment
(b} Any express warranty (1) Any person or organization from
unauthorized by you, whom you lease equipment, but only
(c) Any physical or chemical change with respect to their liability for"bodily
injury", "property damage" or
In the product made intentionally "personal and advertising injury"
by the vendor, caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container,
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance, and
operations, for which you have been (2) The total of all deductible and self-
added as an aduitional insured by that insured amounts under all that other
insurance,or insurance
(7) When You Add Others As An We will share the remaining loss, if any,with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additonal insured Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares,we will follow
Part this method also Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first
written agreement or permit that If any of the other insurance does not permit
this insurance be primary If other contribution by equal shares, we will
insurance is also pnmary, we will contribute by limits Under this method,each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c applicable limit of insurance to the total
below applicable limits of insurance of all insurers
(b) Primary And Non-Contributory 8, Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us The insured must do
insurance, this insurance is nothing after loss to impair them At our
primary and we will not seek request the insured will bring "suit" or
contribution from that other transfer those rghts to us and help us
insurance enrorce them This condr,on does not
Paragraphs (a)and (b) do not apply to apply to Medical Expenses Coverage
other insurance to which the additional b Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured
If .he insured has waived any rights of
When this insurance is excess, we will recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any "suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit" if no other also waive that right, provided the insured
insurer defends we will undertake to do waived -heir rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers agreement or permit that was executed
prior to the injury or damage
Form SS 00 08 04 05 Page 17 of 24