HomeMy WebLinkAboutCAG2019-146 - Amendment - #1 - Traffic Data Gathering - Transportation Master Plan-Conduct Traffic Counts - 05/23/2019 KEOT
Records Management Document
CONTRACT COVER SHEET
This is to be con,;pleted by the Contract Mai-wager prior to st,..,bnnission
to the City Clerk's Office. All r,)ortions are to be completed.
-'T you have r.juestioos, please contact the City Clerk's Office at 253-856-5725,
Traffic Data Gathering
Vendor Name:
2010358
Vendor Number (JDE):
Contract Number (City Clerk):
Category: -Contract Agreement
Sub-Category (if applicable): Amendment
Project Name: Transportation Master Plan Traffic Counts
5/23/19 7/31/19
Contract Execution Date: Termination Date:
April Delchamps
Contract Manager: Department: PW: Engineering
Contract Amount: 0
Budgeted: Grant?
Part of NEW Budget: EI r-I Local: F] State: Federal:
Related to a New Position:
Basis for Selection of Contractor? Other
Approval Authority: F/I Director 1:1 Mayor City Council
Other Details: Extend the time of completion to July 31, 2019 due to issues with
certain count locations.
i
I
KENT
'NnSFitNG10
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: -
Traffic Data Gatherma
1
CONTRACT NAME & PROJECT NUMBER: Transportation Master Plan Traffic Counts
ORIGINAL AGREEMENT DATE: April 4, 2019
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
I Extend the time of completion to July 31, 2019 due to issues
with certain count locations.
2. The contract amount and time for performance provisions of Section II "'Time of
Completion," and Section III, 'Compensation," are modified as follows:
Original Contract Sum, $14,760
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $14,760
including all previous amendments
Current Amendment Sum $0
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $14,760
i
F
j$
7
AMENDMENT - 1 OF 2
i
Original Time for Completion 5/31/19
(insert date)
° Revised Time for Completion under n/a
prior Amendments
(insert date)
Add'I Days Required (f) for this 61 calendar days
Amendment
Revised Time for Completion 7/31/19
(insert date)
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment:, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
I all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
i
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT: -----�
i (signature) By-
(signature)
Print Name: ��cl� ;� . � � Print Name: Timothy J. LaPorte P.E.
Its t - , Its Public Works Director
(title) j�itle
DATE: DATE: ✓� �3��10/9
ATTEST: APPROVED AS TO FORM:
(applicable if Mayor's signature required)
I �
Kent City Clerk Kent Law Department
i
Tralfc Data Gathe g-TMP Amd 1/Delchamps
AMENDMENT - 2 OF 2
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1
CERTIFICATE OF LIABILITY INSURANCE DATE{
4 MMlDDlYYYY)
4/2019
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
I
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Melissa Ca lestro
Hail&Company bHai4e FA
19660 10th Ave NE 1CV4.No Earl:360-626-2008 iAc,Nop 360 626 2C08
E-MAIL .. ..
Poulsbo WA 98370 Anoftcss: mcanestroop hallandconlpany.com
INSURERISi AFt'ORDING COVERAGE _ NAIC#
INSURER A'Sentinel Insurance Company 11000
INSURED 13274 INSURER B.Hartford Accident and Indemnity COm an 22357
Carla and Souheii Nasr —. _._ Y ._..P._....Y_
DBA Traffic Data Gathering INSURER c
11410-13th Street SE INSURER D:
Lake Stevens WA 98258 INSURERE
_ INSURER F: ._ .... .. _... . ...
COVERAGES _ CERTIFICATE NUMBER:1229629035 REVISION NUMBER:
j TH S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER110D
I iNDICA I`E : NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T;IIS
CERT FiCArE MAY BE ISSUED OR MAY PERTAIN.. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS,
EXCLUSIONS AND CONDITIONSO F SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN.REDUCED BY PAID CLAIMS.
INSh 11 ,..... ... - ,____ ADOL;SUAR _.._. . _.. ,._..__ .. _.
POLICY Erri'OLICY EXP
LTt; TYPE OF INSURANCE wVD I POLICY NUMBER MMlpptYXYX MMlDD{YYYY LIMITS
d X COMMERCIAL GENERAL LIABILITY i 52SBMFO9211 2i2812019 j 2(28(2020 EACHOCCURRENCE $2OOCO(0
i r !
nIM;-MAUL X T OCCUR I i5�lfrt 'T6sEN7tfb _. _
t I j GREMjSf 5(Etsocc grencel 1 00G,000
._. .._ € YEUE\, {A,sgonellers0t�r S10000
NAL P ADV INJURY `S 2,000,000
AGGREGATE LIMIT APPLIES PER I $
c N
I I _RAt AGGREGATE �4.00L,COU
PRO. ,.....
I_ Pia l Y. X_i J[CT 4.. ._i LGG S PRODUCTS COMPIOP AGG S 4,000,000 __......
' OTHER:
B AUTOMOBILE LIABILITY 52UECHC1312 2128/2019 2128/202000MBINEDSINGLE LIMIT $1,00C 000FAR .dnij X ANY AUTO
I ._, .. ....
OWNED � , SCHEDULED t 'N ---- t er asc :
Aril -ONLY AUTOS ' i -P URY'Per accoei4�
dO DIL
HIRED NON-OWNi:D - )-- -
X :S ONLY �AUTOS ONLY '21 Y OAIAA6E�.. j 5
t 'S
UMBRELLA LIAB (f,JLf liR' ? __. __._„ -'--.,.—
I y N OCCLIR4ENC°,...,. 1,..w
- EXCESS LIAB i F t.LAEMS-b1AL E. S
_WORKERS
U R(ATIO Qrt: Y I N � �52SBMF09211 � 2/2 812 0 1 9 '., 2726t201.0 I 57��USE yx ��PII {5
A WORKERS COMPENSATION — ...�..,.,..
AND EMPLOYERS'LIABILITY XT X at4(7 Gap
tM"tYPRUR'T tLT.7R.iAt R1`^3u:GYiExECk TtV6 s t EACH A(, IOEN7 1 p"uU,000
C)F'ftCER 9Etrr3ER E3s t v,'EIS"7 N/A l a.
(Mandatory In NH) ' " C DISEASr EA EMF�LOYEEt 9 1.00Cs,000
i t'yas,desgoQ unaw
IDE,SCRIPTON OF OPERATIO14S below ' .. ,..
I E,L DISEASE-PL1i,iyY LItBtT�L 1,OOt3,0UD
- __.
l
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101,Additional Remarks Schedule,may be attached if more space is required)
The certificate holder is an additional insured per the attached
CERTIFICATE HOLDER CANCELLATION
1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Kent ACCORDANCE WITH THE POLICY PROVISIONS.
400 West Gowe Street
Kent WA 98032 AUTHORIZED REPRESENTATIVE
i
ACORD 25(2016103) The ACORD name and logo are registered marks 8of ACORD
CORPORATION, Ali rights reserved.
;i�3f3hAf=09219 ,
i
"Na and Sbunell fdaSr I
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this control of, or over which physical provision does not
control is being exercised for any apply to:
purpose by you, any of your (1) "Bodily injury" or "property damage"
"employees", "volunteer workers", that occurred; or
any partner or member (if you are (2) "Personal and advertising injury" k
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 with your
Property permission. Any other person or organization
Any person or organization having proper responsible for the conduct of such person is
temporary custody of your property if you also an insured, but only with respect to liability
die, but only: arising out of the operation of the equipment, and
only if no other insurance of any kind is available
(1) With respect to liability arising out of the to that person or organization for this liability. ;
maintenance 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 driving 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. i
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that i
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 i
subsidiary not shown in the Declarations such person is also an insured, but only with
as a named insured does not apply to respect to liability arising out of the operation
injury or damage with respect to which an of the watercraft, and only if no other
insurance of any kind is available to that
insured under this insurance is also an
insured under another policy or would be person or organization for this liability.
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. "Bodily injury" to a co-"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, i
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% of an insured under this provision.
the voting stock, will qualify as a Named Sz§,,,A00ltionaI Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. 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 I
{
{
(Fo,rm 0608 04 05 Page 11 of 24
i
i BUSINESS LIABILITY COVERAGE FORM
I contract, written 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
be added as an additional insured on your agreed to make or normally
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. except such operations performed
I at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such product;
person or organization is included as an
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 insured coverage grants in Section other thing or substance by or for
F.—Optional Additional Insured Coverages. the vendor; or
a. Vendors (h) "Bodily injury" or "property
Any person(s) or organization damage" arising out of the soles) (referred to negligence of the vendor for its
below as vendor), but only with respect to own acts or omissions or those of
"bodily injury" or "property damage" arising its employees or anyone else
out of "your products" which are distributed acting on its behalf. However, this
or sold in the regular course of the vendor's exclusion does not apply However,
business and only if this Coverage Part
provides coverage for "bodily injury" or (i) The exceptions contained in
"property damage" included within the Subparagraphs(d)or(f), or
"products-completed operations hazard". (ii) 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
This insurance does not apply to: course of business, in
(a) "Bodily injury" or "property connection with the distribution
damage" for which the vendor is or sale of the products.
obligated to pay damages by (2) This insurance does not apply to any
reason of the assumption of insured person or organization from
liability in a contract or agreement, whom you have acquired such products,
This exclusion does not apply to or any ingredient, part or container,
liability for damages that the entering into, accompanying or
vendor would have in the absence containing such products.
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
I unauthorized by you; whom you lease equipment; but only
i (c) Any physical or chemical change with respect to their liability for "bodily
j in the product made intentionally injury", "property damage" or
j by the vendor; "personal and advertising injury"
i d caused, in whole or in part, by your
( ) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing,
i
person or organization.
or the substitution of parts under
I instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24
Form SS 00 OE; 04 05
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this
insurance does not apply to any Subdivisions
"occurrence" which takes place after (1) Any state or political subdivision, but
with respect to operations l
you cease to lease that equipment. only w �
c. Lessors Of Land Or Premises performed by you or on your behalf for
which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but 2 i
( ) With respect to the insurance afforded }
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises
leased to you. (a) "Bodily injury", "property damage"
or "personal and advertising n
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or"property damage"
place after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard".
premises; or f. Any Other Party
(b) Structural alterations, new
construction or demolition (1) Any other person or organization who
operations is not an insured under Paragraphs a.
p performed by or on through e. above, but only with x
behalf of such person or respect to liability for "bodily injury",
organization. "property dama "
9e or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting E
injury", "property damage" or "personal on your behalf: I
and advertising injury" caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on your behalf: (b) In connection with your premises
owned by or rented to you; or
(a) In connection with your premises;
(c) In connection with "your work" and
or
included within the "products-
(b) In the performance of your completed operations hazard", but }
ongoing operations performed by only if
you or on your behalf. (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured; and
This insurance does not apply to (ii) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you, including:
(2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions,
reports, surveys, field orders, "Bodily injury", "property damage" or
"Personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications; or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
f
Form SS 00 08 04 05 Page 13 of 24
)
I
i
1
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BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E. —Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
1. The Most We Will Pay
Declarations.
The Limits of Insurance shown in the 5. Damage To Premises Rented To You Limit
Declarations and the rules below fix the most The Damage To Premises Rented 'To You
I we will pay regardless of the number of: Limit is the most we will pay under Business
Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while
b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing"suits". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for: In the case of damage by fire, lightning or
a. Damages because of "bodily injury" and explosion, the Damage to Premises Rented To
"property damage" included in the You Limit applies to all damage proximately
"products-completed operations hazard" is caused by the same event, whether such
j the Products-Completed Operations damage results from fire, lightning or explosion
Aggregate Limit shown in the or any combination of these.
j Declarations. 6. How Limits Apply To Additional Insureds
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
1 whose connection is interrupted only by a addition to the Limits of Insurance shown in
i street, roadway or right-of-way of a the Declarations and described in this Section.
I railroad.
Page 14 of 24
Form SS 00 08 04 05
r
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
Policy and any endorsements attached thereto (1) Immediately send us copies of any
demands, notices, summonses or
applies to any claim or"suit", the most we will pay legal
under this policy and the endorsements is the g papers received in connection
with the claim or"suit";
single highest limit of liability of all coverages E
applicable to such claim or "suit". However, this (2) Authorize us to obtain records and
paragraph does not apply to the Medical Expenses other information;
limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation,
The Limits of Insurance of this Coverage Part apply settlement of the claim or defense E
separately to each consecutive annual period and to against the"suit"; and E
any remaining period of less than 12 months, starting (4) Assist us, upon our request, in the j
with the beginning of the policy period shown in the enforcement of any right against any
Declarations, unless the policy period is extended person or organization that may be
after issuance for an additional period of less than 12 liable to the insured because of injury
months. In that case, the additional period will be
or damage to which this insurance
deemed part of the last preceding period for purposes may also apply.
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own
GENERAL CONDITIONS cost, voluntarily make a payment, assume {
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense,Claim Or Suit additional insured, such additional insured r
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the f
other insurer fur defense and indemnity,
You or any additional insured must see to
it that we are notified as soon as However, this provision does not apply to
practicable of an "occurrence" or an the extent that you have agreed in a
offense which may result in a claim. To written contract, written agreement or j
the extent possible, notice should include: permit that this insurance is primary and
non-contributory with the additional
(1) How, when and where the"occurrence" insured's own insurance.
or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to t
(3) The nature and location of any injury any additional insured only when such
or damage arising out of the "occurrence", offense, claim or "suit" is F
"occurrence"or offense. known to: 4
b. Notice Of Claim (1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional !
insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional
claim or "suit" and the date received; insured is a limited liability company;
and
(2) Notify us as soon as practicable. (4) Any "executive officer" or insurance
manager, if you or an additional
You or any additional insured must see to insured is a corporation; I
it that we receive a written notice of the
c (5) Any trustee, if you or an additional
claim or"suit" as soon as practicable.
insured is a trust; or
c. Assistance And Cooperation Of The
(6) Any elected or appointed official, if you
Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity
Fo,m SS 00 08 04 05 Page 15 of 24
I
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
1 financial responsibility law, the insurance business at the inception date of this
i provided by the policy for "bodily injury" Coverage Part, we shall not deny any
i liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
{ the extent of the coverage and limits of 7. Other Insurance
insurance required by that law.
If other valid and collectible insurance is
b. With respect to "mobile equipment" to available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as
provide any liability, uninsured motorists,
follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b.
those coverages below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described in c.
this Coverage Form: below.
a. To Zorn us as a party or otherwise bring us b. Excess Insurance
into a "suit" asking for damages from an This insurance is excess over any of the
insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work",
i against an insured; but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of
this insurance or that are in excess of the That is fire, lightning or explosion
applicable limit of insurance. An agreed insurance for premises rented to you
settlement means a settlement and release of or temporarily occupied by you with
liability signed by us, the insured and the permission of the owner;
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned "property damage" to premises rented
in this policy to the first Named Insured, this to you or temporarily occupied by you
insurance applies: with permission of the owner;
I
j a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to
a claim is made or"suit" is brought. the extent not subject to Exclusion g. of
6. Representations Section A.—Coverages.
a. When You Accept This Policy (5) Property Damage To Borrowed
Equipment Or Use Of Elevators
By accepting this policy, you agree:
' (1) The statements in the Declarations If the loss arises out of "property
damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A. —
representations you made to us; and Coverages.
Page 16 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 F 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
added as an additional insured by that (2) The total of all deductible and self-
insurance; or insured amounts under all that other
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
additional 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
additional insured under this Coverage If all the other insurance permits !;
Part: contribution by equal shares,we will follow
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,
i:.
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 primary, 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 I
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 I
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 rights to us and help us
insurance. enforce them. This condition does not
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage,
other insurance to which the additional '
b. i Waiver Of Rights Of Recovery (Waiver
insured has been added as an ---,...t Of Subrogation)
additional insured.
W If the insured has waived any rights of
When this insurance is excess, we will
have no duty under this Coverage Part to recovery against any person or
organization for all or part of any payment, I
defend the insured against any "suit" if any including Supplementary Payments, we k
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 their 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 i
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
9