04-048.00 Transpo Group: Ponderosa PUD Engineering SvcsCITY OF SPOKANE VALLEY
CONTRACT AUTHORIZATION
Submitting Dept: Public Works
Date: October 27, 2004
Budget Account No: 001.032.000.532.20.41.02
CONTRACT TOPIC:
Procurement of professional engineering services related to the review of the traffic
study for SUB -07 -04 1PUD -04 -04 Ponderosa PUD.
CONTRACT BACKGROUND:
On October 4, 2004, Public Works received the consultant traffic study for the proposed
Ponderosa Planned Urban Development. We requested that Spokane County review
the consultant study under our existing engineering services contract. The County
indicated that they have a conflict with performing our review because the proposal lies
within the City and County. They will be reviewing the study only from a perspective of
how it impacts the county road system. They did not want to represent both jurisdictions.
The resignation of Don Ramsey has also impacted our ability to review the study. The
remaining option is to retain the services of a traffic engineering consultant.
We reviewed the consultant roster list and determined that the Transpo Group was the
most qualified to conduct the study. The cost for this effort is $5,000 which falls under
the $50,000 limit for utilizing our Consultant Roster. Funds for this proposed study are
available in the Public Works budget under the Engineering and Architectural category.
DISTRIBUTION:
Submitting Department
Accounting
Vendor
CeyW
l
AGREIH MEN'r FOR PROFESSIONAL SERVICES
The Transpo Group
THIS AGREEMEN11.7 is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and The Transpo Group hereinafter "Consultant," jointly referred to as
"parties."
IN CONSH)ERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed. The Consultant will provide all labor, services and material to
satisfactorily complete the attached Scope of Services for the Ponderosa PUD — TiA Review.
A. Administration. The City ✓tanager or designee shall administer and be the primary
contact for Consultant. Prior to commencement of work,'Consultant shall contact the City Manager or
designee to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager
or designee Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work
and promptly cure any failure in performance under this agreement.
B. Representations. The City has relied upon the qualifications of the Consultant in
entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability,
skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations
which reasonably relate to the Scope of Work. No substitutions of personnel shall be made without the written
consent of the City.
Consultant shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without. additional compensation except to the extent such action is directly
attributable to deficiencies in City furnished information.
C. Modifications. The City may modify this agreement and order changes in the work
whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the
City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed
between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by the City without additional compensation.
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall
remain in effect un►il completion of all contractual requirements.
Either party may terminate this Agreement by ten (10) days written notice to the other party.
In the event of such termination, the City shall pay the Consultant for all work previously authorized and
satisfactorily performed prior to the termination date.
3. Compensation. The City agrees to pay the Consultant $5,000 as full compensation for
everything clone under this agreement. The City shall reimburse the Consultant for photocopying, postage,
graphic reproduction at actual cost and will pay for authorized travel (excluding travel to the City to attend
meetings; presentations or otherwise perform the services herein) at a rate of 5.375 per mile.
Agreement for Professional Services Page 1 of 4
4. Pavment. The Consultant shall be paid monthly upon presentation of an invoice to the City.
Applications for payment shall be sent to the City Clerk at the below stated address.
The City reserves the right to withhold payment under this agreement which is determined in the
reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City
Standards, City ordinances and federal or state standards.
Notice. Notice shall be given in writing as follows:
TO THE CITY:
TO THE CONISULTANT:
\lame: Christine Bainbridge; City Clerk Name: Judith Love, Contracts Manager
Phone plumber: (509)92 1 -1000 Phone Number: 425 -821 -3665
Address: 11707 East Sprague Ave, Suite 106 Address: The Transpo Group, Inc.
Spokane Valley, WA 99206 11730 118'1' Ave NE i#600, Kirkland WA 98034
6. Applicable Laws and Standards. The parties, in the perfonnance of this agTeement, agree to
comply with all applicable Federal, State, local laws, ordinances, and regulations.
7. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be
an independent Consultant and not the agent or employee of the City, that the City is interested in only the
results to be achieved and that the right to control the particular manner, method and means in which the
services are performed is solely within the discretion of the Consultant. Any and all employees who provide
services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant
shall be solely responsible for the conduct and actions of all employees under this agreement and any liability
that may attach thereto.
8. Ownership of Documents. All drawings, plans, specifications, and other related documents
prepared by the Consultant under this agreement are and shall be the property of the City.
9. Records. The City or State Auditor or any of their representatives shall have full access to
and the right to examine during; normal business hours all of the Consultant's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
10. Insurance. During the term of the contract, the Consultant shall maintain in force at its own
expense, the following insurance:
A. Workers' Compensation Insurance in compliance with RCW 51.12.020, which
requires subject employers to provide workers' compensation coverage for all their subject workers and
Employer's Liability or Stop Gap Insurance in the amount of $1,000,000.00;
F.1. General Liability Insurance on an occurrence basis with a combined single limit of not
less than $1,000,000.00 each occurrence for bodily injury and property damage. It shall include contractual
liability coverage for the indemnity provided under this contract. It shall provide that the City, its officers,
employees and agents are additional insureds but only with respect to the Consultant's services to be provided
under the contract;
Agreement for Profcssional Services Nee 2 of 4
C. Automobile Liability_ Insurance with a combined single limit, or the equivalent, or not
less than $1,000;000.00 each accident for bodily injury and property damage, including coverage for owned,
hired or non -owned vehicles; and
D. Professional Liability insurance with a combined single limit of not less than
$1,000,000.00 each claim, incident or occurrence. This is to cover damages caused by the negligent acts,
errors, or omissions related to the professional services to be provided under this contract. The coverage must
remain in effect for at least two (2) years after the contract is completed.
There shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverage(s) without thirty (30) clays written notice from the Consultant or its insurers) to the City.
As evidence of the insurance coverages required by this contract, the Consultant shall furnish
acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The
certificate shall specify all of the parties who are additional insureds, and will include applicable policy
endorsements; the thirty (30) day cancellation clause, and the deduction or retention level. Insuring companies
or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided
to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured
retentions, and /or self- insurance.
It. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its
officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders,
decrees or judgments for injuries, death or damage to any person or property arising or resulting from any
negligent act, error, or omission on the part of said party or its agents, employees or volunteers in the
performance of this Agreement.
12. Waiver. No officer; employee, agent or other individual acting on behalf of either party has
the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be waiver of any other subsequent breach or nonperfornnance. All remedies afforded
in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy
provided herein or by law. Failure of either party to enforce at any time any of the provisions of this agreement
or to require at any time performance by the other party of any provision hereof shall in no way be construed to
be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof.
13. Assignment and Delegation. Neither party shall assign, transfer or delegate any or all of the
responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent
of the other party.
14. Subcontracts. Except as otherwise provided herein, the Consultant shall 1101 enter into
subcontracts for any of the work contemplated tender this agreement without obtaining written approval of the
City.
1$. Conf identialih,. Consultant may from time to time receive information which is deemed by
the City to be confidential. Consultant shall not disclose such infornation without the express consent of the
City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
Agreement for Professional Services Page 3 of
17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this Agreement,
the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court
as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not
exceed the total sum amount paid under this agreement.
18. Entire Agreement. This written agreement constitutes the entire and complete agreement
between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,
modified or altered except in writing signed by the parties hereto.
19. Anti - kickback. No officer or employee of the City, having the power or duty to perform an
official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have
solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person
with an interest in this Agreement.
20. Business Registration. Prior to commencement of work under this Agreement, Consultant
shall register with the City as a business.
21. Exhibits. Exhibits attached and incorporated into this agreement are:
[scope of services, insurance certificates]
IN WITNESS WHEREOF, the parties have executed this Agreement this Z (?day of J-1794 0,�
200/.q
CITY OF SPOKANE VALLEY: Consultant: 7' K e Z4 C
`4
City Manager
fcJ 2s Q�
Tax ID No._ REDACTED
APPROVED AS TO FORM:
ti.
rty Atto ey
[hassbe0ect hi dument contains confidential tax information and
redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Agreement for Professional Services Page 4 of 4
October 'l 5, 2004
Mr. John Hohman 1'.I
11707 Last Sprague Avenue
Suite 106
Spokane Valley, WA 99206
SUBJECT: PONDEROSA PUD — TIA. REVIEW PROPOSAL
Dear Nlr. Hohman:
TG: 04371.138
`Thank you for asking The Transpo Group to participate in the review of the Traffic Impact Analysis
(l'l,k) dated September 24, 2004 and prepared by Whipple Consulting Engileers for the Ponderosa
PUD. We have conducted a preliminary inventory of the TUA report and technical appendices
provided by the Cite of Spokane Vallcy in order to detcrtnuie the level of review necessary. The
attached proposal has been prepared accordingly.
We have separated the proposed work scope into two distinct phases. Phase 1 mvill focus on the
technical review of the submitted materials and preparation of a summar<, review letter.. Phase 2 will
be used to address additional follow -on coordination, attendance at meetings and /or hearings as
deerned necessary by City staff. Costs associated with Phase 1 are estinated at $5,000. If requested,
work conducted under, Phase 2 will be tracked and billed on a tune and materials basis.
As we discussed over the telephone, Tuna will be leaviung The Transpo Group for ltuc_n- Yeager &
Associates shortly. Tina will remain involved with the project; howe.vcr I will be acting as Transpo's
Project: Nf.anger for this work. I have experience on several Projects in dze area and have visited the
site of the proposed Ponderosa 'PU.D. Transpo remains committed to provide high quality and
responsive service through this transition.
I ra-ust that you will fund the attached proposal complete and responsive to the City's request. If you
have any questions, comments or need additional .information please do not hesitate to can (425-821 -
366a) or ema.il (cricha c—otherrans o �l'UUp.COt1'1} at anytime. I look forward to assisting you with this
work.
Sincerely,
The Transpo Group, Inc..
Erich M. flrn,bntstcr., P.E., P.T.O.E.
Senior Transportation Engineer
The
Tra PQ
Group
Proposal
Client Name: City of Spokane Valley
Project Name: Ponderosa PUD Traffic IItct Analysis Revie w
Transpo Proposal Dated October 15, 2004 TG: 04371TR
Items Received for Review
Item Received Date Prepared
10/13/04 Ponderosa PUD TIA Report Sept. 24, 2004
10/13/04 Ponderosa PUD Technical Appendix Sept. 2004
Scope of Services
Prepared By
I
Whipple Consulting Engineers, Inc. I
INhipple Consulting Engineers, Inc.
The proposed scope of services has been divided into two disci -tut phases of work. The first phase
will focus exclusively on the work tasks associated with die technical review of the TTA. The second
phase enables die City= to request additional analysis or .review support for issues that inay anise after
the initial review and documentation are complete.
Phase 1 - TIA Review
The Transpo Group will perform a general technical review of d-ie items received (listed above). This
review will focus on deternniinirng whether. the 7171A was prepared in accordance with City of Spokane
Talley guidelines and industry standards. Any discrepancies or items omitted from the analysis will be
noted and listed in a surnmary review letter for the City's use. The review may include the folloxviing
work tasks.
1. Review Existing Traffic Counts. Franspo will review the existing traffic count information
provided in the "I. "echnical A.ppc:ndi-x. Comparisons will be made between these counts and
any counts on 61c with the City for the study Intersections. If the City has no counts on file,
one independent traffic count will be conducted to verify the valiclity of the count data used in
die 11A.
2. Confirm Trip Generation Calculations. - Franspo will perform independent grip generation
calculadons based on the proposed site plan and tip generation information from the
Institute of 'Transportation Engineers Dip Ge ieirllion report. The results of these independent
calculations will be compared to the trip generation documented un the TiA report.
3. Review Trip Distribution and Assignment. Transpo will review the trip distribution and
assignment patterns used in the TIA Widi respect to existing transportation Jill frast-ucntre,
complimentary land uses, and existing traffic patterns.
4. Review LOS Calculations. Transpo will review the LOS calculations for the correct:
application of the methodologies and consistency with Cite and industry standards.
The
FanspQ
Gmup
5. Documentation and Summary .Letter. Transpo will prepare a stumnlary letter detailing the
results of the TIA review. Any discrepancies will be noted and corrective action suggested.
Phase 2 - Additional Follow -on Services (T &M)
This phase is identified to simply acknowledge that it is often unpossible to forecast the need for
follow -on services such as additional analysis or review, attendance at mcetungs and /or public
hearings. As such, this task may be activated by the City in order for Transpo to provide support as
needed. Costs associated with this in die interest of project: success to continue to continue to retain
"Transpo, after submittal of the traffic study to die City, to assist in the ongoing dialog with agency and
project tea n staff, ul order to respond to comments or questions, perform additional analysis, explore
possible tnit:igation measures, address transportation management plan requirements, or address issues
drat become germane to the approval process. These services can also include follow -up analyses if
requested, attendance at meetings or public hearings and /phone consultation at your direction.
Cost Estimate
Services are proposed on a hump sum basis for Phase 1. Phase 1 costs are estimated at: $5,000 based
on the scope of services identified in this proposal package. Phase 2 will he tracked and billed on a
time and materials basis. We will work closely with the project team to assure that our efforts arc
continuously directed in the best interest of the project If we believe at: any time that the work
program we have developed will not successfully meet the project objectives, we will coordinate with
the project team irmmedimely to determine the best strategy for adjusting our work. We typically
Invoice for our services on a monthly basis or directly after major project milestones.
Schedule
We will work with die project team to establish a schedule that fits the overall needs and goals of die
project at the tune the project is initiated. Based on the proposed work scope we anticipate
completing the suninnany review letter, within approtunately dnree weeks of receiving your
authorix.ation to proceed.
Client#: 20127
TRANSGRO
ACORD- CERTIFICI; ;E OF LIABILITY INSU ANCE
[—.
DATE (MIUDDIYYYY)
10/25104
' PRODUCER `1�.-1�
USI Northwest of Washington Fourth QC.,j�
Seattle, WA 98154 Avenue, Suite 1800 �� �' ZDO¢� %�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
5R
LTR
NSRE
206 695 -3100 `
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Transpo Group, Inc.
INSURER ,A.- U S F & G Insurance
A
INsuRERB: Greenwich Insurance Company.
GENERALLIABILRY
11730 118th Avenue NE, Suite 600
• Kirkland, WA 98034 -7120
INSURER c
11/01104
INSURER 0:
$2,000,000
INSURER F.: -
_
•
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT IITHSTANDING
ANY REDUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VJRTH 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. AGGREGATE LIMITS SHO'NN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
5R
LTR
NSRE
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
D MN D
POLICY EXPIRATION
DAYE MMI
LIMITS
A
GENERALLIABILRY
131<01 537345
11/01/03
11/01104
EACH OCCURRENCE
$2,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$1.000,000
CLAIMS MADE a OCCUR
HIED EXP (AMA one Person)
x10 000
PERSONAL R ADV INJURY
S2,000,000
GF.IERALAGGREGATE
s4,000,000
GEN1 AGGREGATE LIMIT APPLIES PER
PRODUCTS - CC,IIPIOP AGG
b4 000 000
POLICY X PF O- LOG
A
AUTOMOBILE LIABILITY
ANY AAITO
BKO1537345
11/01103
11101/04
COMBINED SINGLE LIMIT
(En aoddenl)
$2,000,000
BODILY INJURY
{Per Person)
5
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per aoarfcni)
S
X HIRED AUTOS
X NON- Ob ^ /NcD AUTOS
PROPERTY DAMAGE
(Pcr =chew)
5
GARAGE UABILF Y
AlRO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESSAIMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR F1 CLAIMS MADE
AGGREGATE
S
a
$
DEDUCTIBLE
$
RETExTION S
A
WORKERS COMPENSATION AND
BKO1537345
11101/03
11101104
Tn we STATU- X OTH-
F- LEAC;HACCIDENT
$1 000,000
EMPLOYERS'LIABILMY
AMY PROPRIETOR/PAR'I'NERIEX.ECUTIVE
OFFMERIMl:MBER EXCLUDED?
(EJL WA Stop Gap)
E.L. DISEASE - EA EMPLOYEE
$1,000 000
tt oe desoibc under
SPECIAL PROVISCONS b^w
E.L. OISEA.SE - POLICY LIMIT
51 000,000
B
OTHER Professional
12101103
12/01104
$1,000,000 per claim
Liability
IPECO015477
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Project No. 04371.00, Ponderosa PUD - TIA Review.
The Certificate Holder is named as an Additional Insured on the General
Liability Policy, with respects to operations of the Named Insured.
GLHTIFIGAIL HULDER GANGLLLAIIUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA14CELLED BEFORE THE EXPIRATION
City of Spokane Valley DATE THEREOF, THE ISSUING INSURER V41-L ENDEAVOR TO MAIL A0_ DAYS WRITTEN
Attn: John Hohman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
11707 East Sprague Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER RS AGENTS OR
Suite 106 IREPRIESENTATIVES.
Spokane Valley, WA 99206 AUT'ORIZEDREPRESEn K
o1$1--
ACORD 25 (2001108) 1 of 2 #S1389021M108775 6MT O ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001108) 2 of 2 #S1389021M108775
- Policy Number: BKO1537345
Broadened liability Coverage Endorsement
ARCHITECTS AND ENGINEERS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART.
The following changes are made to the LIABILITY
COVERAGE PART.
1. The following paragraph is added to SECTION I -
COVERAGE:
E. Additional Insured Exclusions
1. In addition to the other exclusions applicable
to COVERAGES A., B. and C., the insurance
provided to an Additional Insured does not
apply to:
a. "Property damage' to:
1) Property owned, occupied or used by
the Additional Insured;
2) Property rented, leased or loaned to,
in the care, custody or control of, of
over which physical control is being
exercised for any purpose by the
Additional Insured, or
3) "Your work" performed for the
Additional Insured.
b. "Bodily injury," "property damage,"
'personal injury," or 'advertising injury"
which is not caused in whole or in part
by the negligent acts or omissions of any
Named Insured, or the negligent acts or
omissions of anyone directly or indirectly
employed by a Named Insured or for
whose acts a Named Insured may be
liable.
2. Paragraph l.b. of SECTION! II. - WHO IS AN INSURED
is replaced by the following:
A partnership or joint venture, you are an insured. Your
members, your partners and their spouses are also
insureds, but only with respect to the conduct of your
business. You are an insured for your participation in
any past or present 'unnamed joint venture' if there is
no other similar insurance available to that
organization, This protection does not apply if the
"unnamed joint venture' has direct employees; or
owns, rents, or leases any real or personal property.
Nor does it apply to any other member of the
"unnamed joint venture."
3. The following is added to paragraph 2. of SECTION II. -
WHO IS AN INSURED:
If YOU are required to add another person or
organization as an insured under this policy by a
written work contract or agreement which is in
effect during the policy period and a certificate of
insurance has been issued listing that person or
organization as an Additional Insured, that person
or organization is an insured. Such person or
organization is referred to in this Coverage Part as
an Additional Insured.
4. The final paragraph in SECTION II - WHO IS AN
INSURED is replaced by the following:
No person or organization is an insured with respect to
the conduct of any current or past partnership or
limited liability company that is not shown as a Named
Insured in the Declarations.
5. Paragraph 2. Of SECTION III - LIMITS OF LIABILITY is
replaced by the following:
Cl/8F 2181 04 01 Page I of 2
The General Aggregate Limit is th_ ost we will pay
for each of "your premises" listed in the Schedule of
Premises and each of 'your work sites ".
6. With respect to 3.i. above the following additional
provision applies:
SECTION IV.5. Other Insurance is replaced by the
following:
5. Other Insurance
The insurance afforded by this Coverage Part is
primary insurance and we will not seek
contribution from any other insurance available to
the insured unless the other insurance is provided
by a contractor. Then we will share with that
other insurance by the method described below.
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach, each insurer contributes
equal amounts until it has paid its applicable limit
of insurance or none of the loss remains,
whichever comes first.
If any of t, ,the( insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's share
is based on the ratio of its applicable limit of
insurance to the total applicable limits of
insurance of all insurers.
7. The following are added to SECTION V -DEFINITIONS
"Unnamed joint venture" means any joint venture with
other architects or engineers that is not named in the
Liability Coverage Part Declaration.
"Your premises" means any premises, site, or location
that you own or rent or lease from others.
*Your work sites' means any premises, site, or
location at, on, or in which your work is not yet
completed, other than your premises.
All other terms of the policy remain the same.
cl f 21 BI W 01 Page 7 012