19-094.00 Widener & Assoc (DGK): Garland Avenue Extension Contract No. 19-094
AGREEMENT FOR PROFESSIONAL SERVICES
Contract 19-094
DGK Inc.(Widener& Associates)-Environmental Services
Garland Avenue Extension#0295
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State
of Washington,hereinafter"City"and DGK Inc.,hereinafter"Consultant,"jointly referred to as"Parties."
IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows.
I Work to Be Performed. Consultant shall provide all labor, services, and matenal to satisfactonly
complete the Scope of Services,attached as Exhibit A.
A.Administration The City Manager 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 Services,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 Services,stop work,and promptly cure any failure in performance under this Agreement.
B. Representations City has relied upon the qualifications of 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 Services. No substitutions of agreed-upon
personnel shall be made without the prior wntten consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for
the timely provision of all professional services required to complete the Scope of Services under
this Agreement.
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-famished Information.
C.Standard of Care Consultant shall exercise the degree of skill and diligence normally employed
by professional consultants engaged in the same profession, and performing the same or similar
services at the time such services are performed.
D Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable Consultant shall accept modifications when ordered in writing by the City
Manager or designee, so long as the additional work is within the scope of Consultant's area of
practice. Compensation for such modifications or changes shall be as mutually agreed between the
Parties. Consultant shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by City without additional compensation
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in
effect until completion of all contractual requirements have been met as determined by City. Consultant
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Contract No. 19-094
shall complete its work by July 30, 2019, unless the time for performance is extended in writing by the
Parties.
Either Party may terminate this Agreement for material breach after providing the other Party with at least
10 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement
for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City
shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination
date.
3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of
$5,542.40 as full compensation for everything done under this Agreement, as set forth in Exhibit B.
Consultant shall not perform any extra, further, or additional services for which it will request additional
compensation from City without a prior written agreement for such services and payment therefore.
4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City Applications for
payment shall be sent to the City Finance Department at the below-stated address.
City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which
is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the
Scope of Services, City standards, City Code,and federal or state standards.
5.Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT
Name: Christine Bainbridge,City Clerk Name: Jeanette Widener
Phone: (509) 720-5000 Phone:425-418-7162
Address: 10210 East Sprague Avenue Address: 1902 120`" Place SE, Suite 202
Spokane Valley,WA 99206 Everett, WA 98208
6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply
with all applicable federal, state, and local laws and regulations. Consultant states that its designs,
construction documents,and services shall conform to all federal,state, and local statutes and regulations.
7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief
that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible,or voluntarily excluded from covered transactions by any federal department or
agency:
2. Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal, state,
or local) transaction or contract under a public transaction: violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements,or receiving stolen property;
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Contract No. 19-094
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph(A)(2)of this certification;and
4. Have not within a three-year period preceding this application/proposal had one
or more public transactions(federal,state,or local)terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this Agreement.
8 Relationship of the Parties. It is understood and agreed that Consultant shall be an independent
contractor and not the agent or employee of City,that 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 Consultant Any and all employees who provide services to City under
this Agreement shall be deemed employees solely of Consultant The Consultant shall be solely responsible
for the conduct and actions of all its employees under this Agreement and any liability that may attach
thereto.
9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared
by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure
pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped,
photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise
provided, be deemed the property of City. City shall be permitted to retain these documents, including
reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form
of computer files,for the City's use. City shall have unrestricted authority to publish,disclose,distribute,
and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under
this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product
outside of the scope of its intended purpose.
10.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 Consultant's records with respect to all matters covered in
this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts
from such records,and to make audits of all contracts, invoices,materials,payrolls,and record of matters
covered by this Agreement for a period of three years from the date final payment is made hereunder.
11 Insurance. 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 Consultant,its agents,representatives,employees,or subcontractors.
A.Minimum Scone of Insurance Consultant shall obtain insurance of the types described below:
I. 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 providmg equivalent liability coverage.
2 Commercial general liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent
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Contract No. 19-094
contractors and personal injury, and advertising injury. City shall be named as an
additional insured under Consultant's commercial general liability insurance policy with
respect to the work performed for the City using an additional insured endorsement at least
as broad as ISO CG 20 26.
3 Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
4 Professional liability insurance appropriate to Consultant's profession.
B Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
1 Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than$1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than
$1,000,000 for each occurrence,and$2,000,000 for general aggregate.
3 Professional liability insurance shall be written with limits no less than$1.000,000 per
claim and$1,000,000 policy aggregate limit.
C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following
provisions for automobile liability and commercial general liability insurance:
1. Consultant's insurance coverage shall be primary insurance with respect to the City.
Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in
excess of Consultant's insurance and shall not contribute with it.
2.Consultant shall fax or send electronically in.pdf format a copy of insurer's cancellation
notice within two business days of receipt by Consultant.
3. If Consultant maintains higher insurance limits than the minimums shown above, City
shall be insured for the full available limits of commercial general and excess or umbrella
liability maintained by Consultant, irrespective of whether such limits maintained by
Consultant are greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
Consultant.
4.Failure on the part of Consultant to maintain the insurance as required shall constitute a
material breach of the Agreement, upon which the City may, after giving at least five
business days' notice to Consultant to correct the breach, immediately terminate the
Agreement, or at its sole discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand,or at the sole discretion of the City,offset against funds due Consultant from the
City.
D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating
of not less than A'VII.
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Contract No. 19-094
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant
returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the
parties who are additional insureds, and shall include applicable policy endorsements, 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 City. Consultant shall be
financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance
12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and
hold harmless City and its officers,agents,and employees, from any and all claims,actions,suits, liability,
loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever
relating to or arising out of the wrongful or negligent acts, errors,or omissions in the services provided by
Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent
permitted by law,subject only to the limitations provided below.
Consultant's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages
ansing out of such services caused by or resulting from the sole negligence of City or City's agents or
employees pursuant to RCW 4.24 115.
Consultant's duty to defend,indemnify,and hold City harmless against liability for damages arising out of
such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b)
Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the
extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants,and employees.
Consultant's duty to defend, indemnify, and hold City harmless shall mclude, as to all claims, demands,
losses, and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, the
reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court
costs,fees for collection,and all other claim-related expenses.
Consultant specifically and expressly waives any immunity that may be granted it under the Washington
State Industrial Insurance Act, Title 51 RCW These indemnification obligations shall not be limited in
any way by any limitation on the amount or type of damages,compensation, or benefits payable to or for
any third party under workers'compensation acts,disability benefit acts,or other employee benefits acts.
Provided, that Consultant's waiver of immunity under this provision extends only to claims against
Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly
against Consultant.
Consultant hereby certifies that this indemnification provision was mutually negotiated.
13 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. A waiver in one instance
shall not be held to be a waiver of any other subsequent breach or nonperformance. 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
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Contract No. 19-094
14. 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 prior written consent of the
other Party.
IS. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for
any of the work contemplated under this Agreement without obtaining prior written approval of City.
16. Confidentiality. Consultant may, from time-to-time,receive information which is deemed by City to
be confidential. Consultant shall not disclose such information without the prior express written consent
of City or upon order of a court of competent jurisdiction.
17. Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington Disputes
between City and Consultant shall be resolved in the Supenor Court of the State of Washington in Spokane
County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a
party in any arbitration proceeding between City and any third party that includes a claim or claims that
arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees
that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be
entered upon it in any court having,jurisdiction thereof.
18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees)
19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between
the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,
modified,or altered except in writing signed by the Parties hereto.
20 Anti-kickback. No officer or employee of 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.
21. Business Registration. Consultant shall register with the City as a business prior to commencement
of work under this Agreement if it has not already done so.
22.Severability. If any section, sentence,clause,or phrase of this Agreement should be held to be invalid
for any reason by a court of competent Jurisdiction,such invalidity shall not affect the validity of any other
section,sentence,clause,or phrase of this Agreement.
23 Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Services
B. Fee proposal
C insurance Certificates
D Assurance of compliance with applicable federal law
The Parties have executed this Agreement this f lay of JT^' ,2011
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Contract No. 19-094
CITY OF SPOKANE VALLEY Consultant:
dvik
Fe< M.afTc Calhoun,City Manager By.Jeanette Widener,CFO
Its: Authonzed Representative
ATTES '
i ._ .Li
istine Bainbridge, ity Clerk:
APROV. ) AS TO FORM:
Office of e City Attorney
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Contract No. 19-094
Exhibit D—Assurance of Compliance with Applicable Federal Law
During the performance of this Agreement,the Consultant, for itself,its assignees,and successors in
interest(hereinafter referred to as the"Consultant")agrees as follows.
1. Compliance with Regulations The Consultant shall comply with the federal laws set forth in Section 7
of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs
of the U.S.Department of Transportation, Washington State Department of Transportation (WSDOT),as
they may be amended from time-to-time, which are herein incorporated by reference and nude a part of
this Agreement.
2. Non-discrimination: The Consultant, with regard to the work performed by it during this Agreement,
shall not discriminate on the grounds of race, color, or national origin m the selection and retention of
subcontractors, mcludmg procurements of materials and leases of equipment. The Consultant shall not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including
employment practices when the contract covers any activity, project, or program set forth in Appendix B
of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations,either by competitive bidding,or negotiation made by the Consultant for work to be performed
under a subcontract, including procurements of materials, or leases of equipment, each potential
subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this
Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color,
or national origin.
4. Information and Reports: The Consultant shall provide all information and reports required by the
Acts,the Regulations,and directives issued pursuant thereto,and shall permit access to its books, records.
accounts,other sources of information, and its facilities as may be determined by the City or the WSDOT
to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any
information required of Consultant is in the exclusive possession of another who fails or refuses to furnish
the information,the Consultant shall so certify to the City or the WSDOT,as appropriate,and shall set forth
what efforts it has made to obtain the information.
5 Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the
non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the
WSDOT may determine to be appropriate,including,but not limited to:
a. withholding payments to the Consultant under the Agreement until the Consultant complies;and/or
b. cancelling,terminating,or suspending the Agreement,in whole or in part.
6.Incorporation of Provisions.The Consultant shall include the provisions of paragraphs one through six
of this Exhibit in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts,the Regulations and directives issued pursuant thereto.The Consultant shall take action
with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of
enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such
direction, the Consultant may request that the City enter into any litigation to protect the interests of the
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Contract No. 19-094
City. In addition, the Consultant may request the United States to enter into the litigation to protect the
interests of the United States
7 Pertinent Non-Discrimination Authorities:During the performance of this Agreement,the Consultant
agrees to comply with the following non-discrimination statutes and authorities; including but not limited
to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race,color,national origin);and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S C
§4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq), (prohibits discrimination on the basis of
sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seg), as amended, (prohibits
discrimination on the basis of disability),and 49 CFR Part 27;
The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 et seq.),(prohibits discrimination
on the basis of age);
Airport and Airway Improvement Act of 1982,(49 USC§471,Section 47123),as amended,(prohibits
discnmination based on race,creed,color,national origin.or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs or
activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors,whether such programs or activities are Federally funded or not);
Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities,public and private transportation systems,places of public
accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department
of Transportation regulations at 49 C.F.R.parts 37 and 38,
The Federal Aviation Administrations Non-discrimination statute (49 U.S.C. §47123) (prohibits
discrimination on the basis of race,color,national origin,and sex);
Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures Non-discrimination against minority populations by
discouraging programs,policies,and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
Limited English proficiency(LEP) To ensure compliance with Title VI,you must take reasonable steps
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Contract No. 19-094
to ensure that LEP persons have meaningful access to your programs(70 Fed Reg.at 74087 to 74100);
and
Title IX of the Education Amendments of 1972,as amended, which prohibits you from discriminating
because of sex in education programs or activities(20 USC. §1681 et seq
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I
Exhibit A
sooka•C%.,
r,,,,J,Wallfry
City of Spokane Valley, WA
Cultural Resource Assessment
Project No.
Garland Avenue Extension Project
Scope of Services
Prepared by:
Widener and Associates
April 26, 2019
PROSECT DESCRIPTION
A. Project Description
The objective of this project is for the Garland Avenue Extension Project. This project intends to
construct a new two lane 40 foot(ft)wide roadway with gutter curb from North Flora Road to
North Barker Road. The project is subject to a City of Spokane Valley, State Environmental
Policy Act(SEPA) checklist review.
The supporting environmental document will be developed:
Task 1.0 ENVIRONMENTAL DOCUMENTATION
1.1 Design Assistance and Early Agency Coordination
Early input into the formation of project alternatives will be provided to ensure each alternative
includes provisions to minimize impacts to the surrounding environment. This coordination
within the various design elements of the project will identify and incorporate minimization
measures early in the alternative development phase of the project and will ensure that an
appropriate range of alternatives are developed prior to the agency coordination.
1.2 Cultural and Historic Resources
This work would include the preparation of the report in accordance with the Washington State
Department of Archaeology and Historic Preservation Office standards and guidelines. The
work will include the following subtasks.
Pertinent literature on the archaeology, ethnography of the project area will be reviewed to
determine the existence of archaeological sites and to refine the probability of archaeological
resources and traditional cultural places in the project areas.
The Consultant will maintain contact with the local tribes for any information on historic Indian
use of the project area.
A systematic field reconnaissance will be conducted to identify previously recorded and/or
unrecorded archaeological sites for the proposed project where ground-disturbing activities are
expected to take place. Field reconnaissance will consist of the traverse of pedestrian transects at
varying intervals,depending on terrain throughout the proposed project area. Shovel probes
(digging a hole with a shovel) will be excavated, as deep as feasible, and in areas expected to
have a high probability for cultural resources. Shovel probes will be augmented through auger
probes to explore the deepest possible deposits. Shovel probes will be screened in highly
probable areas and in soil matrixes too dense to identify small chipping debris.
All new sites will be mapped, photographed,and recorded on Washington State Archeological
Inventory forms and submitted to the state Office of Archeological and Histonc Preservation
(OAHP) for Smithsonian numbers. Every effort will be made to include Tribal cultural
resources personnel in assisting the field effort. Rights-of-entry will be provided by the City.
Page 2 Environmental
Cultural Resources Assessment April 26,2019
DELIVERABLES
• One(I) electronic PDF of a draft report will be prepared to describe cultural
resources identified in the project area to meet state and federal standards for
reporting as outlined in the guidelines provided by the DAFIP. The report will
include summary background information appropriate to a cultural resources
assessment of the project area, including environment,previous cultural resources
studies. A discussion of agency and Tribal consultation,methodology, the results of
the investigation, and a map of located archaeological sites will be provided.
Recommendations will also be extended to any cultural resources that may be
significant. Monitoring of construction excavation recommendations may also be
included. The historic structures inventory form and/or archaeological site inventory
form will be attached to the report as an appendix.
• One (I) electronic PDF of a revised draft Report incorporating City comments
• Three copies of a final report incorporating DAHP and Tribal comments.
Page 3 Environmental
Cultural Resources Assessment April26,2019
DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION
PRIOR TO PUBLIC DISCLOSURE
The page(s) entitled "Exhibit B" contain(s) confidential cost and rate data and is(are) withheld
from public disclosure pursuant to 23 USC 112(2)(E).
Prenotification; confidentiality of data. A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
Pursuant to the Washington Public Records Act (RCW 42.56), the City has determined that this
record may be available for disclosure upon request for review by a third party. However,
pursuant to RCW 42.56.520 and RCW 42.56.540, the City has determined it is appropriate to
provide the contracting entity notification of any request for this record to allow them time to
determine if they wish to seek to obtain a court order requiring the record to be withheld
Please contact the City Public Records Officer at (509) 720-5102 or visit our website at
www.spokanevalley.org to complete a Public Record Request to receive a copy of this record.
Client 324812 DGKINC
ACORDm CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYYI
7/02/2019
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(les)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
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER MON'rRCT
USI Insurance Services NW PR rat Eat):2064414300 EAX
601 Union Street,Suite 1000 E-MAIL
(A/C,No). 610362-6530
Seattle,WA 98101 ADDRESS: PIcertrequestus).com
INSUREWa)AFFORDING COVERAGE HNC*
INSURER A:Hvdo-d Seaway x,unRe cwnpmy 29424
INSURED INSURERS Condnonm casualty Caraway 20443
DGK,Inc.DBA Widener&Associates
1902 120th Pl.SE,Suite 202 INSURER C:
Everett,WA 98208-1302 INSURER D:
INSURER E'
INSURER?
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS 15 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
LTR TYPE OF INSURANCE INNSR WVD POLICY NUMBER (ADDL SUNK MM.IDOryY YYY) IMMNFF ICY� LIMITS
A X COMMERCIAL GENERAL LIABILITY 52SBWIL2310 03/13/2019 03/13/2020 EACH OCCURRENCE $2,000,000
CLAIMS-MADE X OCCUR PRREMISES(EaEp RENTED $300,000
—
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GENL AGGREGATE LIMITAPPUES PER GENERAL AGGREGATE s4,000,000
POLICY X JJEECT LOC PRODUCTS-COMP/OP AGG $4,000,000
OTHER $
A AUTOMOBIELIABILITY 52SBWIL2310 03/13/201903/13/20201E0aaBJ D INGLE LIMIT $2000,000
ANY AUTO BODILY INJURY(Per Parson) s
AUTOS ONLY AUTOSLED BODILY INJURY per aeolent) $
X ANTICS ONLY X NONAWNED PROPERTY DAMAGE
ANTICS ONLY (Per awdent) $
$
UMBRELLA JAB _ CYCHR EACH OCCURRENCE $
EXCESS WB CLAIMS-MADE
AGGREGATE $
DED RETENTION$ $
A WORKERS COMPENSATOR 52SBWRMT x FR2310 03/13/2019 03/13/2020orH-
AND EMPLOYERS LIABILITY YIN (STA
ANY
PROPRIETOR/PARTNER/EXECUTIVE N NIA (WA Stop Gap) EL EACH ACCIDENT s1,000,000
(Mandatory In NH) EL DISEASE-EA EMPLOYEE s1,000,000
IfEeCRemO
DdIsTIOe OFOPERATIONS belowN EL DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION
B Professional EEH288345982 03/13/2019 03/13/2020 $2,000,000 per claim
Liability $2,000,000 anni aggr.
DESCRIPTION OF OPERATIONS I LOCATIOONSI VEHICLES(ACORD 101.Additional Remarks Schedule,maybe attached II more span Is required)
RE:Garland Avenue extension#0295.
The General Liability policy include an automatic additional insured endorsement that provides additional
insured status to the Certificate Holder,when required by written contract.
CERTIFICATE HOLDER CANCELLATION
City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn:Erica Amsden ACCORDANCE WITH THE POLICY PROVISIONS
10210 E Sprague Ave.
Spokane Valley,WA 98206 AUTHORIZED REPRESENTATIVE T
01958-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD
#526094186/M25170870 SDCZP
1
This page has been left blank intentionally.
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, In the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury' or "property damage"
purpose by you, any of your that occurred;or
"employees", "volunteer workers",
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
Nobility 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 permssbn. 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 ofwfh respect to nt,liability
die,but only: arisinglif out otherof the operationracofthe indipmem,and
only if no insurance 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 qualify 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: Petiiilt
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period,whichever is earlier;and
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
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 (t) 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
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(s) (referred to damage" arising out of the sole
below as vendor), but only with respect to negligence of the vendor for its
own acts or omissions or those of
"bodily injury" or "property damage" arising
out of your products"which are distrbuted its employees or anyone else
or sold in the regular course of the vendors acting on its behalf. However, this
exclusion does not apply to:
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
course of business, in
This insurance does not apply to: connection with the distribution
(a) "Bodily injury or "properly or sale of the products.
damage" for which the vendor is
obligated to pay damages by (2) This insurance does rg apply to any
reason of the assumption of whoinsum
personhorcq 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
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"
caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container
Page 12 of 24 Form SS 00 08 0405
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. 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
leased to you. (a) r"Bodily injury",ra "property damage
or "personal and advertising
(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 (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 liabilityfor "bodily
organization. injury",d
"property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused,in whole or
(1) Any architect, engineer,or surveyor, but in pad, 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 on
(b) Inconnection your premises
your behalf, owned by or rented to
you;or
(a) In connection with your premises; (c) In connection with
or yeur work"and
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, "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
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 g 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.
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the The Damage To Premises Rented To You
Declarations and the rules below fix the most
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
You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard"is damage results from fire,lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits ApplyTo Additional Insureds
Declarations.
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 00 08 04 05
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 received in connection
under this policy and the endorsements is the with the claim or"suit";
single highest limit of liability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation,
settlement of the claim or defense
The LIRAS of Insurance of this Coverage Part apply against the"sue;and
separately to each consecutive annual period and to
any remaining period of less than 12 months,starting (4) Assist usupon our request,tagainst i the
with the beginning of the policy period shown in the enforcementonorof organization
right t any
Declarations, unless the policy period is extended person he insured
st may be
liable tom the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
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 insureds 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% 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 "true" to the
other insurer for 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
the extent possible,notice should include: permit that this insurance is primary and
(1) How,when and where the"occurrence" non-contributory with the additional
insured's own insurance.
or offense took place;
(2) The names and addresses of anyf. Knowledge Of An Occurrence,Offense,
Claim Or Suit
injured persons and witnesses;and
(3) The nature and location of any injury Paragraphs a. and b. apply to you or to
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) An
insured must Any partner, if you or an additional
insured is is a partnership;
(1) Immediately record the specifics of the (3) Any manager, ii 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
claim or"suit"as soon as practicable. (5) Any trinsuredustee,isa if you or an additional
a trust;or
c. Assistance And Cooperation Of The
Insured (6) Anyelectedor appointedinis a aloiyou
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
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. apples 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" 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 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. 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";
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 claimants 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;
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 sWject to Exclusion g. of
Section A.—Coverages.
6. Representations
a. (5) Property Damage To Borrowed
When You Accept This Policy
Equipment Or Use Of Elevators
By accepting this policy,you agree: If the loss arises out of "property
(1) The statements in the Declarations 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 0804 05
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations,or products and completed absence of this insurance;and
operations, for which you have been (2) The total of all deductible and self-
added as an 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 limits. Under this method,each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c. applicable limit of insurance to the total
below. applicable limits of insurance of all insurers
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those 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.
WhenIf the insured has waived any rights of
this insurance is excess, we will
have no dutyunder this Coverage Part to recovery against any person or
0 organization for all or part of any payment,
defend the insured against any"suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived 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 SS 00 08 04 05 Page 17 of 24