HomeMy WebLinkAboutPW18-316 - Amendment - #2 - Gray & Osborne, Inc. - 125K Reservoir Recoating Engineer Consulting - 08/27/2019 Agreement RoutingForm -
KENT
For Approvals,Signatures and Records Management
WAS. I GTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator: Nancy for Bryan Bond Department: Public Works
Date Sent: 8/28/19 Date Required: 8/30/19
Authorized Wl
Director or Designee Date of
o N/A
o, to Sign: Council
R0. Mayor Approval:
Budget W20050 Grant? Yes ® No
Account
Number: Type: N/A
Vendor
Name: Gray & Osborne, Inc. Category: Contract
C Vendor Sub-Category
o Number: 34003 g v Amendment
R Project
E Name: 125K Reservoir Recoating
L.o —
c Project Perform additional lead testing and modify design plans.
�. Details:
c _
Agreement 9 670 Basis for
y Amount: Selection of
L Contractor:
a Start Date: 8/27/19 Termination Date: 3/31/20
Notice required prior to disclosure? Yes No [Contract Number:
Date Received by City Attorney: Comments:
c
o
N
a
Ch Date Routed to the Mayor's Office:
in
a3i Date Routed to the City Clerk's Office:
'a
a
Date Sent to Originator.
Visit Documents.KentWA.gov to obtain copies of all agreements
adccW22373 6 19
•
KEN T
W n 5 H i N G T O N
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: Gray & Osborne, Inc.
CONTRACT NAME & PROJECT NUMBER: 125K Reservoir Recoatina
ORIGINAL AGREEMENT DATE: August 9, 2018
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:
Perform additional lead testing on the existing paint and
modify the design plans to include a fabricated landing half
way up the water tower. For a description, see the
Consultant's Scope of Work which is attached as Exhibit A and
incorporated by thisreference.
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, $43,500.00
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $43,500.00
including all previous amendments
Current Amendment Sum $9,670.00
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $53,170.00
AMENDMENT - 1 OF 2
Original Time for Completion 12/31/18
(insert date)
Revised Time for Completion under 12/31/19
prior Amendments
(insert date)
Add'I Days Required (f) for this 91 calendar days
Amendment
Revised Time for Completion 3/31/20
(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
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.
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 fast date written below.
CONSULTANT/VENDOR: CITY OF KENT:
By: By: t -'-- C14AD &CE11 M
(sig titre) �r (signature)
Print Name: Michael B. Johnson, P.E. Print Name: Timothy J. LaPorte, P.E.
Its President Its C. Public Works Director
(title) I I (title)
DATE: 8/27/19 DATE: -�'a-IC
ATTEST: APPROVED AS TO FORM:
4 (applicable if Mayor's signature required)
Kent City Clerk Kent Law Department
Gray a OSbOrlle-125K Reservoir Amd 2/8and
AMENDMENT - 2 OF 2
3
E
EXHIBIT A
SCOPE OF WORK
CITY OF KENT
125K RESERVOIR RECOATING
ADDITIONAL ENGINEERING SERVICES
This proposal is for additional engineering services for the design of recoating and access
improvements to the 125K Reservoir beyond those included in the original scope of
work.
SCOPE OF WORK
Gray&Osborne will provide the following engineering services:
• Coordinate with a painting subcontractor to conduct paint sampling on
multiple locations using machine tools to thoroughly sample all layers of
paint and have the samples analyzed for hazardous metals at a commercial
laboratory. After removing the samples,the subcontractor will also check
for the presence of mill scale on the exposed metal.
• Design additional access improvements including an intermediate
platform.
• Modify the plan set to accommodate the relocation of the antenna by the
City,
The not-to-exceed cost for these services is$9,670 as shown in Exhibit$.
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400 West Gowe
Kent WA 98032 AUTHORQEDREPRESENTATrVE
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ACORD 25(2016/03) The ACORD name and logo are registered ar seof ACORD
CORPORATION. All rights reserved.
Policy#523BADU7303
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 in roe damage"
purpose by you, any of your O "Bodily u or "
I ry "property
"employees", "volunteer workers", that occurred; or
any partner or member(if you are (2) "Personal and advertising injury"
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
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 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.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary 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 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
insured under this insurance is also an insurance of any kind is available to that
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,
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 quality as a Named - ; 6. Additional 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 persons) 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 5S 00 08 04 05 @'k 1-y Page 11 of 24
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The
Policy#52SBACU7303
BUSINESS LIABILITY COVERAGE FORM
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
However, no such person or organization is an at the vendor's premises in
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, par,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(s)(referred to damage" arising out of the sole
below as vendor), but only with respect to negligence of the vendor for its
"bodily injury" or "property damage" arising own acts or omissions or those of
out of "your products" which are distributed its employees or anyone else
or sold in the regular course of the vendor's acting on its behalf. However,this
business and only if this Coverage Part exclusion does not apply to:
provides coverage for "bodily injury" or (1) 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
Ilability 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
unauthorized by you; whom you lease equipment; but only
(c) Any physical or chemical change with respect to their liability for"bodily
in the product made intentionally injury", "property damage" or
by the vendor; "personal and advertising Injury"
(d) Repackaging, except when caused, in whole or in part, by your
unpacked sdely for the purpose of maintenance, operation or use of
inspection, demonstration, testing, equipment leased to you by such
or the substitution of parts under person or organization,
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24
Form SS o0 08 04 05
Policy#528BADU7303Pclicy#
5 2SBADU 7303
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to.the insurance afforded 9. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any
"occurrence" which takes place after (1) Any state or political subdivision, but
you cease to lease that equipment. only with respect to operations
performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) 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 (a) 'Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
I
o 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 if. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e, above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "properly damage" 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
injury", "property damage" or "personal on your behalf:
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 an (b) In connection with your premises
your behalf: 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 (H) 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, 'Bodily Injury", "property damage" or
reports, surveys, field orders, "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.
Form SS 00 08 04 05 Page 13 of 24
Policy t7 5286ADu 7303
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 Medlcat 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 2.1b. 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
we will pay regardless of the number of: Limit is the most we will pay under Business
a. Insureds; Liability Coverage for damages because of
"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 "bodilyinjury"in and the explosion, the Damage to Premises Rented To
"property damage" included n
You Limit applies to all damage proximately"products-completed operations hazard" is caused by the same event, whether suchdamage results from fire, lightning or explosion
the Products-Completed Operations
Aggregate Limit shown in the or any combination of these.
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
whose connection Is interrupted only by a addition to the Limits of insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad.
Page 14 of 24
Form SS oo o8 04 05
Policy#52SBADU73C3
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
Policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or"suit", the most we will pay legal papers receive
under this, policy and the endorsements is the din connection
single highest limit of liability of all coverages with the claim or"suit";
(2) Authorize us to obtain records and
applicable to such claim or "suit". However, this
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
separately to each consecutive annual period and to against the"suit";and
any remaining enforcement g period of less than 12 months,starting (4) Assist us, upon our request, i t the
with the beginning of the policy period shown in the g any right against any
Declarations, unless the policy period is extended parson 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 fast 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 Insure.d'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
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
You or any additional insured must see to other insurer for defense and indemnity.
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
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
(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
'occurrence"or offense. known to:
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;
It that we receive a written notice of the
c practicable. (5) Any trustee, if you or an additional
claim or"suit"as soon as
p 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.
Form SS 00 08 04 05 Page 15 of 24
Policy#52�13ADU7303
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
financial responsibility law, the insurance business at the 'inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" Iiablity will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of ttie coverage and limits of
insurance required by that law. 7• Other Insurance
b. With respect to "mobile equipment" to If other valid and collectible insurance is
which this insurance applies, we will available for a loss we cover under this
provide any liability, uninsured motorists, Coverage Part, our obligations are limited as
underinsured motorists, no-fault or other follows;
coverage required by any motor vehicle a. Primary insurance
law, We will provide the required limits for rt 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 join 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.
A person or organization may sue us to recover That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment
similar coverage for"your work";
against an insured; but we will not be liable for
damages that are not payable under the terms of (Z) Premises Rented To You
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
yf .. S. 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 b
insurance applies: with permission of the owner; _ y you
,
a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft
Named Insured;and tf the loss arises out cf 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
By accepting this y, you agree:
olio Equipment Or Use Of Elevators
p
(1) The statements in the Declarations If the loss arises out of "property
are accurate and complete; damage" to borrowed equipment or
(2) Those statements are based u the use of elevators to the extent not
inn subject to Exclusion k. of Section A.—
representations you made to us;and
Coverages.
Page 16 of 24
Form SS 00 08 04 05
Policy#52SBADLJ7303
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 additional 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
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 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 primary, we will contribute by llmfts. 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 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. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
if the insured has valved 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 de 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
prior to the injury or damage.
Form 5S 00 08 04 05 Page 17 of 24
Policy#52UECJ33275
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE FORM
A. Any person or organization whom you are required by contract to name as additional insured is an
"insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies is an
"insured"under the WHO IS AN INSURED provision of Section 11 - LIABILITY COVERAGE.
B. For any person or organization for whom you are required by contract to provide a waiver of subrogation,
the Loss Condition-TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable.
Form HA 9913 01 87 Printed in U S A