HomeMy WebLinkAboutPW18-350 - Amendment - #3 - Tierra Right of Way Services, Ltd. - Milwaukee II and Signature Pointe Levees - 02/07/2020KENT
WASHINGTON
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator:
Department:
Kathi Kilborn for Dee Martindale/Cheryl Rolcik-Wilcox
Public Works
Date Sent:
Date Required:
>
2/3/2020
2/10/2020
O
Authorized to Sign:
Date of Council Approval:
L.
Ca
❑ Director or Designee O Mayor
Budget Account Number:
Grant? ❑ Yes 0 No
Budget? ❑ Yes ❑ No
Type:
Vendor Name:
Category:
Tierra Right of Way Service, Ltd.
Amendment No 3 to Contract
Vendor Number:
Sub -Category:
=
519244
O
Project Name: Signature Pointe Levee/ Valley Apartments
E
O
=
Project Details: Provide Right of Way Acquisition, Relocation Planning Services &
},
Relocation Assistance for 1 Parcel & 6 displaced residential tenants
_
Agreement Amount: $90,000.o0
Basis for Selection of Contractor:
a�
£
a
d 2/off/2D2o
start Date: Mayors Signature
Termination Date: 12/31 /2022
a�
Q
Local Business? ❑ Yes O No*
*Ifineets requirements per KCC3.70. 700, please complete "Vendor Purchase -Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
❑Yes El No 6� _>(—�T
D REG"EIVED
Comments:
O
#A
L KENT LAW DEPT. RECEIVED
a1 Date Routed to the Mayor's Office:
Vf
Date Routed to the City Clerk's Office: 7I� City of Kent
e Mavnr
zdccW2237312c visit uocuments.KentwA.gov to obtain copies of all agreements
•
KENT
WAS H I N G T O N
AMENDMENT NO. 3
NAME OF CONSULTANT OR VENDOR: Tierra Right of Way Services, Ltd.
CONTRACT NAME & PROJECT NUMBER: Milwaukee II Levee and Signature Pointe Levee
ORIGINAL AGREEMENT DATE: September 7, 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:
Provide Right of Way Acquisition, Relocation Planning Services
and Relocation Assistance for 1 (one) parcel and 6 (six)
displaced residential tenants the Signature Pointe Levee Project.
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,
$39,811.00
including applicable WSST
Net Change by Previous Amendments
$25,356.00
including applicable WSST
Current Contract Amount
$65,167.00
including all previous amendments
Current Amendment Sum $90,000.00
Applicable WSST Tax on this $0.00
Amendment
Revised Contract Sum $155,167.00
AMENDMENT - 1 OF 2
Original Time for Completion
12/31/2019
(insert date)
Revised Time for Completion under
12/31/2022
prior Amendments
(insert date)
Add'I Days Required (f) for this
0 calendar days
Amendment
Revised Time for Completion
12/31/2022
(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 last date written below.
CONSULTANT/VENDOR:
CITY OF KENT:
—4A
By:
By:
(signature)
(signatur
Print Name: Mack Dickerson
Print Name: Dana Ralph
Its Vice President
Its Ma or
(title)
DATE: 1/30/2020
DATE: ��-b
(title)
1-7-17)
ATTEST:
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
i
Kent Law Department
Kent City Clerk
P:\Publlc\PAministntion\Contracs\Contracts Prepared (K,ft)\Tierra Rght Of Way Services, Ltd
AMENDMENT - 2 OF 2
SCOPE OF WORK- RIGHT OF WAY SERVICES
The City of Kent has requested that Tiena Right of Way, Ltd. (Tietta) prepare a scope of work and budget to
acquire the real estate interests for one parcel and provide relocation sewices for 6 displaced residential
tenants. Tiera will perform all acquisition and relocation services in accordance with Federal, State, and local
laws, including the Uniform Act, \)ØAC 468-100, and Chapter 8.26 RC\t/.
Our scope and budget include, but is not limited to, the following tasks
PROJECT KICKOFF - Tietra's Ptoject team (Tierra) to attend kick off meeting at the City
to obtain further project background and discuss the approach or options for each propefty
owner and tour the project site. Tierra will use \7SDOT LAC FH!ØA approved templares
a
a
a
a
which ate located
^tforms.htm. Other Þroiect meetinss to be scheduled as needed.
All acquisitions and relocations will be done in accordance with Federal, State and local laws
as indicated above.
PROJECT MANAGEMENT
o Tiera to report acquisition and relocation statuses monthly or as requested.
o Ptovide project management in coordination with City staff.
o Monitor project budget and schedule.
o Maintain a physicai hardcopy file for each parcel for submittal to the City upon
completion.
o QC of ñles will be performed prior to submittal to the City at completion and in
preparation of WSDOT Certifi cation.
TITLE - Upon receipt of the title teports ,Tiena will conduct initiâl review of the report to
assess any future complications at closing and potential conflicts from utìlity encumbrances,
etc., that may pose obstacles ot delays to the acquisition closing process. This inforrnation
will be shated with the City in the form of a summary/synopses and Tierra will work with the
escrow company to resolve any further action necessary.
NEGOTIATIONS - Tierra agents will perform and oversee property negotiations for one
parcel. The offer will be ptesented in petson if possible. An out-of-area owner(s) will be
contacted by telephone and by certiFred mail.
o Tierra will:. Evaluate the appraisal, parcel map, title report and prepare the file
electronically and physically.
' Prepare one offer package and promptly present offer to purchase all the*oî'täloï0"ïy*::*i::ïff l'ffi'iä'Ï, "ä; of rhe approved
-Administrative Offer Summary (AOS) or the appraisal and review,
easemerit document, exhibits and other related acquisition documents
using !7SDOT approved forms.
City of Kent, Sþatwe Point, Valley Apanments Project
Right of SØay Acquisition & Relocation Services
Tie¡ra ROìØ#
Exhibit A
o Offet Presentation: Tierta will contact the property owner and meet the owner in
person to present to discuss the project. After the offer is presented to the property
owner, Tier.nwill attempt up to two "in- person" meetings with a property owner and
five follow up conversations, which will be via email or phone conversation, to
complete negotiations
o Administrative Settlement If necessary andproperþ supported and when negodation
amounts exceed the just compensation amount, Tierra will make recommendations
for administrative setdements. Subject to City approval, Tierra will attempt ro secure
administrative settlements v¡ith property ov/ners to avoid the condemnation process.
o Prepare file for closing.
o If necessary, prepare file for condemnation by pteparing a condemnation surrìmary.
o Ptepare and maintain diaries.
o Prepare and provide status updates monthly or per the requesr the City.
o Upon teceipt of signed conveyance documents, Tiena will forward the documents to
the City.
o Agent QA files for submittal to Project Manager.
a RELOCATION PLAN
o Tierra to amend the Sþature Point relocation plan to add the subject parcel and six (6)
uilts.
Provide the displacees with ân overview of the project and the relocation assistance
that will be available to them when they are required to move from the project
limits.
Relocation Plan v¡ill consider the relocation needs of the residents and any other
possible displacements on site, the availability of replacement sites, and zny special
considerations needed to accommodate the move.
RELOCATION ASSISTANCB SERVI CES
o Upon initiatjon of negotiation, relocation services v¡ill be executed by Tierra agents
for the eligible property and displacees. Relocation services will begin concurrerìt
with the acquisition. Agents v¡ill conduct eligibility interviews with displacees,
perform inventolry inspections, request move bids, locate comparable replacement
sites, prepare and ptesent determination f move benefit packages, issue 90-day
notices to displacees, assist with site searches, perforrn DS&S and other requfued
inspecdons of replacement sites, monitor moves and perform -vacale inspections,
¡eceive and ptocess all claim forms, and close files when all claims are complete.
The dur¿tion typical of relocations is: 3-9 months.
Overall Proj ect Assumptions :
. All mileage expenses v¡ill be invoiced to the Client at the IRS established rate on the day the expense
was incutred. ì7e have provided an estimate in out Cost Proposal of mileage anticipated to be utilized
during the Ptoject. Actual mileage may be more or less than what is estimated herein.
o A maximum of up to two documented attempts in person and a maximum of five additional attempts
will be over the telephone, via email, andf or mail to successfully acquire each negotiation.
City of Kent, Signature Point, Valley Apartrnents Project
Rþht of Way Acquisition & Relocation Sewices
Tiera ROW#1 8!üR00-320.02
o
o
o Whenever possible, owners tesiding locally will be presented their offers in person. Tierra will mail
offers to owners located outside of a SO-mile radius from the project area.
o There
^îe
no more thân two principal owners of any parcel and that both are geographicâlly located
very near to each other.
. Any delay in project desþ ot desþ changes will delay Tierra's project schedule.
. Àny changes in plans that impact the acquisitioî ^re after apprusal has commenced will result in a
price increase and a delay in the Project schedule.
¡ The pdce does not include escrow, title reports, title insurance, recording fees, suwey, the
development of legal descriptions or exhibits.
o Tíern reserves the right to adjust the costs to provide the relocation services stated herein, upon
completion of the relocation plan.
Tiera Proiect Deliverables:
. ,\ttend project kickoff meeting at City office
o Tierra will wotk with the tìtie/escrow Company to obtain release documentation from the
encumbtance(s) of public record that are not acceptâble to provide clear title to the property
being acquired.
. Prepare one acquisition parcel file and six relocation files.. For the offet, provide up to two attempts in person and five follow up conversations via email
ot telephone. Genetal acquisition/negotiation communications with owners.. Attend conference calls v¡ith the City as needed.
. Complete, quality assurance and control parcel files, including necessary records of all ROW
acquisition and relocation services.
. Ptovide status feports monthly at a minimum or as requested.. Assist the City with the WSDOT Certification process.
The City will provide Tierra with the following prior to the commencemenr of any activities:o Tide Commitments - the City wiI decide which encumbrances need to be cleared. This may
involve a discussion of risk as related to existing Deeds of Trust andf or other monetary
encumbtances.
I Right of Way Plan sheets.
o Legal descriptions and parcel map exhibits (if needed) for each real esrate interest identified.
City of Kent, Sþature Point, Valley r\partrnents Project
Rþht of WayAcquisition & Relocation Services
Tieua ROW#1 8WR00-320.02
GONSULTANT FEE DETERMINATION . SUMMARY OF PROJECT COSTS
Tierra Right of Way Services, Ltd.
City of Kent, Signature Point, Valley Aparement
Labor Classification
Direct
Salary OH Fixed Fee Total Total AmountHours
One Acquisition, Seven Dlsp/acees
Division Manager
ROW Division Manager
Project Manager
Senior Right of Way Agent
Right of Way Agent
Admi nistratiw Assistant
Editor
Right of Way Technician
Direct Reimbursables
Direct Rate 124.47o/o
5$
150.00 $
90.00 $
50.00 $
350.00 $
28.00 $
4.00 $
3s0.00 $
1027
78.03 $
65.82 $
49.60 $
47.92 $
37.34 $
28.63 $
38.59 $
31.12 $
30.00%
18.81
15.86
11.96
11.55
9.00
6.90
9.30
7.50
Billinq Rate
$ 15s.53 $
$ 134.56 $
$ 101.41 $$ e7.s7 $
$ 76.34 $
$ 58.53 $
$ 78.89 $
$ 63.62 $
$
797.64
20,1U.56
9j26.57
4,898.55
26,719.35
1,638.79
315.54
22,2æ.13
85,%7.12
62.69 $
52.88 $
39.85 $
38.50 $
30.00 $
23.00 $
31.00 $
25.00 $
Travel (Mileage):
Travel (Lodging:)
Tralel(Meals:)
Postage
File Folders
Reproduction - 8.5" x 11"
Reproduction - 11" x17"
Reproduction-24"x36"
Miles $Nisht $Daily $
Total
Each trip $Pages $Total $Sheeb $
4,000
450
150
200
100
0.585 2,340.00
450.00
150.00
200.00
100.00
$
$
$
$
$
$
$
$
Direct Reimbursables Subtotal: $ 3,240.00
Total llllaximum Amount Payable $ 89,187.12
Task Order Total Maximum - Rounded $ 90,000.00
City of Kent, Sþature Point, Valley Apartrnents Project
Rþht of WayAcquisition & Relocation Services
Tiera ROSØ# 1 8WR00-320.02
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,
hired 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 Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. 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:
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 $2,000,000 each occurrence, $2,000,000 general
aggregate.
EXHIBIT B (Continued )
3. Professional Liability insurance shall be written with limits no less
than 1,000,000 per claim.
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 ANII.
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 Consultant 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.
AC"1?L$ CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
IIr...r
9/16/2019
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 be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
NAME: Robin Strauss
RSC Insurance Brokerage, Inc.
PHONE x (212) 669-5400 F No: r212l eea-sale
E-MAIL
ADDRESS: rs trauss@risk- strategies. com
420 Lexington Avenue
g
INSURERS AFFORDING COVERAGE
NAIC M
INSURER A: Hanover Insurance Group
22292
New York NY 10170
INSURED
INSURERB:Allmerica Financial Benefit Ins
41840
INSURERC:Evanston Insurance Cc
35378
Tierra Right of Way Services, Ltd.
INSURER D :
1575 E. River Road
Suite 201
INSURER E:
Tucson AZ 85718
INSURERF:
COVERAGES CERTIFICATE NUMBER:CL1991631205 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUER
POLICY NUMBER
POLICY EFF
MMIDDfYYYY
POLICY EXP
MMIDD/YYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
EACH OCCURRENCE
S 1,000,000
DAMAGE TO RENTED
PREMISES 'Ea occurrence
$1,000,000
MED EXP (Any one person)
$ 10,000
X
ZHN921985009
7/31/2019
7/25/2020
PERSONAL & ADV INJURY
S 1,000,000
GEML
X
AGGREGATE LIMIT APPLIES PER
POLICY JECT ❑ LOC
GENERAL AGGREGATE
S 2,000,000
PRODUCTS - COMP.`OP AGG
S 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
EOMBINEDtSINGLE LIMIT
5 1,000,000
X
BODILY INJURY (Per person)
S
A
ANY AUTO
AIL OWNED SCHEDULED
AUTOS AUTOS
AHND94379500
7/31/2019
6/14/2020
BODILY INJURY (Per accident)
S
HIRED AUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
fPer accident
S
5
X
UMBRELLALIAB
X
OCCUR
EACH OCCURRENCE
S 5,000,000
AGGREGATE
S 5,000,000
A
EXCESS LIAB
CLAIMS -MADE
DED RETENTION S
$
UHN912179809
7/31/2019
7/25/2020
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
PER OTH-
X STATUTE ER
E L. EACH ACCIDENT1,000,000
$
B
ANY PROPRIETO'PARTNER/EXECUTIVE
OFFIPo
CERIMEMBER EXCLUDED? ❑
(Mandatory in NH)
If yes, describe under
N I A
WMND17358503
7/31/2019
7/25/2020
E.L. DISEASE - EA EMPLOYEE
S 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS below
C
Professional -Claims Made-Retro
MKLV7PL0003781
7/31/2019
7/25/2020
Each Occurrent Aggregate 3,000,000
Date-5/11/1998,
7/31/19 for $1M x/o $2M
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Kent is included as additional insured under the General Liability coverage as required by
written contract, per policy terms, conditions and exclusions.
CER I iFiCAI t HOLDER CANCELLATION
City of Kent
400 West Gowe
Kent, WA 98032
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
chael Christian/LZF
1988-2014 ACORD
All rights rPSar rad
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 ('01401)
ZHN 92198 50 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGES
1 Additional Insured by Contract, Agreement or Permit
Included
lew cpverages, higher limits and broader coverage grants. I
or
aaaiuo
Tfee following is added to SECTION II — WHO IS permit;
S yn,rent, leaa or occupy
Permit
a. Any person or organization with whom you
agreed in a written contract, written agreement
or permit that such person or organization to
add an additional insured on your policy is an
additional insured only with respect to liability
for "bodily injury", "property damage", or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions, or
the acts or omissions of those acting on your
behalf, but only with respect to:
(3) Your maintenance, operation or use of
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission
(3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(5) Does not apply if the "bodily injury",
'"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury', "property
damage", or "personal injury and
advertising injury".
(2) To any person or organization included as
an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence of
the lessor
(4) To any:
(a) Owners or other interests from. whom
land has been leased which takes
place after the lease for the land ex-
pires; or
(b) Managers or lessors of premises if:
(i) The occurrence takes place after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new con-
struction or demolition operations
performed by or on behalf of the
manager or lessor.
(5) To "bodily injury", "property damage" or
""personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or monitoring
of others by that insured, if the
"occurrence" which caused the"bodily
injury" or "property damage" or the offense
which caused the "personal and
/I IN 92t98 5o 09
advertising injury" involved the rendering
of or failure to render any professional
services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION III -- LIMITS OF
INSURANCE:
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:
1. Required by the contract, agreement or
permit described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc„ with its pennission.
AHND94379500
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
A. The following is added to SECTION 11 -
LIABILITY COVERAGE, Paragraph A.1. Who Is
An Insured:
Additional Insured if Required by Contract
If you agree in a written contract, written
agreement or written permit that a person or
organization be added as an additional
"insured" under this Coverage Part, such
person or organization is an "insured'; but only
to the extent that such person or organization
qualifies as an "insured" under paragraph A.1.e.
of this Section.
If you agree in a written contract, written
agreement or written permit that a person or
organization be added as an additional
"insured" under this Coverage Part, the most
we will pay on behalf of such additional
"insured" is the lesser of:
(1) The Limits of Insurance for liability coverage
specified in the written contract, written
agreement or written permit; or
(2) The Limits of Insurance for Liability
Coverage shown in the Declarations
applicable to this Coverage Part.
Such amount shall be part of and not in addition
to the Limits of Insurance shown in the
Declarations applicable to this Coverage Part.
Regardless of the number of covered autos",
"insureds", premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for the total of all damages and
"covered pollution cost or expense` combined
resulting from any one "accident" is the Limit of
Insurance for Liability Coverage shown in the
Declarations.
B. The following is added to SECTION IV -
BUSINESS AUTO CONDITIONS, Paragraph B.
General Conditions, subparagraph 5. Other
Insurance:
Primary and Non -Contributory
If you agree in a written contract, written
agreement or written permit that the insurance
provided to a person or organization who
qualifies as an additional "insured" under
SECTION 11 - LIABILITY COVERAGE, Paragraph
A.I. Who Is An Insured, subparagraph
Additional Insured if Required by Contract is
primary and non-contributory, the following
applies:
The liability coverage provided by this Coverage
Part is primary to any other insurance available
to the additional "insured" as a Named Insured.
We will not seek, contribution from any other
insurance available to the additional "insured"
except:
(1) For the sole negligence of the additional
"insured"; or
(2) For negligence arising out of the ownership;
maintenance or use of any "auto" not owned
by the additional 'insured" or by you, unless
that "auto" is a "trailer" connected to an
"auto" owned by the additional "insured" or
by you; or
(3) When the additional "insured" is also an
additional "insured" under another liability
policy.
C. This endorsement will apply only if the
"accident" occurs:
I. During the policy period;
2. Subsequent to the execution of the written
contract or written agreement or the
issuance of the written permit; and
3. Prior to the expiration of the period of time
that the written contract, written agreement
or written permit requires such insurance to
be provided to the additional "insured".
D. Coverage provided to an additional "insured"
will not be broader than coverage provided to
any other "insured" under this Coverage Part.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
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