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17-141.00 Poe Asphalt Paving: On-Call Snow Operator AGREEMENT FOR SERVICES Poe Asphalt Paving Inc. On-Call Winter Snow Operators 2017-2018 Snow Season Contract#17-141 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Poe Asphalt Paving Inc.,hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily 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 written 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-furnished 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 will 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 Contract# 17-141 Poe Asphalt Paving Inc. Page 1 of 6 effect until April 30,2018. 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$ 150.000 as full compensation for everything done under this Agreement, as set forth in Exhibit A. 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: Poe Asphalt Paving Inc. Phone: (509)720-5000 Phone: 208-777-0498 Address: 10210 East Sprague Avenue Address:2732 N.Beck Rd. Spokane Valley,WA 99206 Post Falls,ID 83854 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 warrants 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; 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 Contract# 17-141 Poe Asphalt Paving Inc. Page 2 of 6 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,rarties. 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 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. 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 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. Contract#17-141 Poe Asphalt Paving Inc. Page 3 of 6 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. 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. 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. E. Evidence of Coierage. 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, Contract#17-141 Poe Asphalt Paving Inc. Page 4 of 6 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 arising 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 include,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. 14. Assignment and Delegation. Neither Party may 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. 15.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.'Vcnue. This Agreement is entered into in Spokane County,Washington. Disputes between City and Consultant shall be resolved in the Superior 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 Contract# 17-I41 Poe Asphalt Paving Inc. Page 5 of 6 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. 2I.Business Registration. Prior to commencement of work under this Agreement,Consultant shall register with the City as a business 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. Labor Rates B. Insurance Certificates ��1I The Parties have executed this Agreement this day of //�v(/VGm her ,207 CITY OF SPOKANE VALLEY Consultant: Poe Asphalt Paving Inc. Yi.1 6/� / � . Mark Calhoun,Ci Manager ! � B : Q tY g Y �i'6 yl PD Its: Authorized Representative AT 0 I as , I . .iA 4 ,.11 , Christine Bainbridge,City Clerk 1 APPROVED S TO FORM: d- p Offi of the Cit orney Contract#17-141 Poe Asphalt Paving Inc. Page 6 of 6 ATTACHMENT"A" HOURLY COST PROPOSAL 2017-2018 SNOW SEASON ON-CALL WINTER SNOW OPERATORS Company: Poe Asphalt Paving Inc Signature: Ask Brian Poe,Division Manager Date: November 1,2017 HOURLY RATES HOURLY OVERTIME DOUBLE TIME (INCLUDE ALL BENEFITS,OVERHEAD AND PROFIT) SUPERINTENDENT/FOREMAN RATE 72.59 93.93 115.27 OPERATOR RATE 67.92 88.38 108.84 TEAMSTER RATE 65.31 83.39 101.47 LABORER RATE 62.24 79.30 96.36 Mechanic Rate 70.30 91.77 113.24 �...,N POEASPH-01 DALLEN ARL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) k......---- 11!01/2017 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAONTACT Stonebraker McQuary ON 616 5th St. ja"c°O,"r o,Est):(509)758-5529 �FAX No):(509)758-5311 PO Box 9 ADDREss:CustomerService@stonebrakermcquary.com Clarkston,WA 99403 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Phoenix Insurance Company 25623 INSURED INSURER B:The Charter Oak Fire Ins Co 25615 Poe Asphalt Paving,Inc. INSURER C:Travelers Property Casualty Insurance Company 36161 PO Box 449 INSURER D:Idaho State Insurance Fund 37129 Lewiston,ID 83501 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD MD POLICY (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DTCO1537P996PHX 11/01/2017 11/01/2018 DAAEESOEENuEDnce $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY _.$ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 POLICY j ET LOC PRODUCTS-COMP/OP AGG _$ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY (Ea accciden SINGLE LIMIT nt) $ 1,000,000 X ANY AUTO DT8101537P996COF 11/01/2017 11/01/2018 BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS Ep BODILY INJURYp (Per accident) $ _ X AUTOS ONLY X AUUTOS ONLY (Pe )AMAGE $ $ C UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE CUP7H4928231626 11/01/2017 11/01/2018 AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 $ L D WORKERS COMPENSATION PER EATUTE 0TH H- AND EMPLOYERS'LIABILITY 578551 10/01/2017 10/01/2018 500,000 OFFICER/MEMBER PROPRIETOR/PARTNER/EXECUTIVE ECUTIVE Y/N N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Spokane Valley is additional insured(except on work comp)on a primary/noncontrip butory basis as respects the 2017-2018 Snow Season Contract #17-141 project per attached. Cancellation provisions are attached also. CERTIFICATE HOLDER CANCELLATION 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 City of Spokane Valley 11707E Sprague Ave Ste 103 t,ctf-Or--=—=---- ISpokane,WA 99206 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. , The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -- AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following Is added to SECTION II —WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, a. You agree in a "written contract requiring in- the Additional insured — Owners, surance" to include as an additional insured Lessees br Contractors —Completed on this Coverage Part;and Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsemeftt under this Coverage Part which those edition dates;or includes such person or organization in the (b) Either or both of the following: the endorsement's schedule; Additional Insured — Owners, Les- is an insured,but: sees or Contractors — Scheduled a. Only with respect to liability for"bodily injury", Person Or Organization endorsement "property damage"or"personal injury";and CG 20 10, or the.Additional Insured— b. Onlyas described in Paragraph (1), (2)or(3) Owners, Lessees or Contractors — 9 ph ( ) Completed Operations endorsement below,whichever applies: CG 20 37, without an edition date of (1) If the "written contract ,requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only If the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of"your work" to which endorsement CG 20 10 11 85;or the "written contract requiring insurance" (b) Either or both of the following: the applies;or Additional Insured — Owners, Les- (3) If neither Paragraph(1) nor(2)above ap- sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 2010 10 01, aT the Additional In- ditional insured only if, and to the ex sured—Owners,Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions'of you or dorsement CG 20 3710 01; your subcontractor in the perform- the persdtt or Organization is an additional ands oT"your erk"to which the"writ- insured only if the injury or damage arises tett contract requiring insurant e" sp- out of "your work" to which the''written plies;and contract requiring insurance"applies; (b) The person or organization does not (2) if the "written contract requiring insur- qualify as en additional insured with ance" specifically requires you to provide respect to the Independent acts or additional ineuted coverage to that per- omissions of such person or organi- sm)*or organization by the use of: zation. CG Di 04 0313 to 2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: exbess, contingent or on any other basis, that is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is en additional insured, or is minimum limits of liability required by the any other insured that does nbt qualify as a "written contract requiring insurance", the in- named insured,un7ler such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required try the "written con- rence" or an offense which may result in a tract requiring insurance" will be considered claim. To the extent to include the minimum limits of liability of anypossible, such notice should include: Umbrella or Excess liability coverage required How, when and where the "occurrence" for the additional insured by that"written con- (1) tract requiring insurance". This endorsement or offense took place; will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III—Limits Of Insurance; persons and*finesses;and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to"bodily injury", "prop- damage arising out of the"occurrence"or erty damage" or "personal injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or"suit"is brought against professional architectural, engineering or sur- the additional insured, the additional insured veying services,including: must: (1) The preparing, approving, or failing to (1) Immediately record the specifics of the prepare or approve, maps, shop draw- claim or"suit"and the date received;and Ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove,drawings and specifications;and receive written notice of the claim or"suit"as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send c. The insurance provided to the additional in- us copies of all legal papers received in con- sured doe3 not apply to "bodily Injury" or nection with the claim or"suit",cooperate with "property damage"caged by"your work"and us in the inVestigatidn Or settlement of the included in the "products-completed opera- claim or defense against the "suit", and oth- tions hazard" unless the "written contract re- erwise comply with all policy conditions. guiring insutance" specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in- Tense and indemnity Of any darn or "suit" to saved(luring the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover urrder this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contih'gent op on any other basis, that is ance provided to the additionalinsured by this available tb tial,aditional insured.however,if the endorsement is primary to other insurance "written contract requiting insurance"specifiasity available to the additional insured which coy- requires that this insurance apply on a primary era that person or brganiiation as a named basis or a primary and noncontributory basis, this insured as described in Paragraph 3.abi ve. insurance is primary to tither irtsuratice available 6. The following is added to the DERNMONS Sec- to the additional marred under whidtr that person or organization qualifies as a named insured,and tion: we will not share vgith that other insurance. igut "Written contract requiring Insurance"means that the Insurance provided tO the additional 4rtsured part of any written contract or agreement under by this endorsementPStill ie excess over any valid which you are required to ihclude a person or or- Page 2 of 3 Cl 2013 The Travelers Indemnity Company.ATI rights reserved. CG D6 04 0813 COMMERCIAL GENERAL LIABILITY ganizatlon as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you; and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury" is caused by an offense committed, during in effect. the policy period and: • CG D6 04 08 13 o 2013 The Travpters Indemnity Company.AM tights reserved. Page 3 of 3 ""REPRINTED FROM THE FORMS LIBRARY"" IL 02040908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT-CAREFULLY. IDAHO CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE •PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUOTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 1. and 2. of the Cancellation Corn- b. More.Than 60 Days mon Policy Condition are replaced py the follow- ing: If this policy has been in effect for more tharr 60 days, or is a renewal of a policy 1. The first'Named Insured shown in the Dec- +fie issued, rrfay cancel this policy larations=may cancel tbia policy by mailing only fbt one or more of the following or delivering,to us advance.written,notice of reasons: cancellation. Cancellation:will be effective on (1) Nonpayment of premium; the later of the date requested by the first Named Insured or the date we receive the (2) Fraud or material misrepresentation request. made by you or with your knowl- 2. Policies In Effect ,edge in obtainingihe policy, contin- uing they policy or in presenting a a. 60 Days Or,Cess claim under tt1'efipolicy; If this policy has been in ,effect for 60 (3) Acts or oraiSsions on your part days or Tess, we May ceni;el Mit policy t-ch intthasa any hazard insured by mailing or delivering to the first against; Nettled Insured written notice of cancel- lation at least: (4) ,Change in the risk which materially increases the risk of loss after the (1) 10 days before the effective date of policy has been issued or renewed cancellation if wecancel for non- including,- but not limited to, an in- ;payment of premium. It delivered via ore4se in exposure due to regu- ,,United States mail, the 1a day no- Cation, legislation or court decision; tificgtibn pe,rigd Plstjrfs to run fiVe days foilb n►irtg this dais of ar .. (5) Los&;. of or decrease irr reinsurance or which pr.Avitrad ria.With, oyerage for all-or part of the' tisk insured; (2) '3Q days before the effectiQe-dat®of ,,cancellation if we cancel for any .otber reason. ®ISO Properties, Inc., 2007 IL 02 04 09 08 Page 1 o1 2 EP ""REPRINTED FROM THE FORMS LIBRARY"" (6) A determinatiorr by the Director of b. You have obtained replacement cover- Insurance that continuation of this age; or policy would jeopardize pur sol- c. You have agreed in writing to obtain re- vency or place us in violation of the placement Coverage.. insurance laws of Idaho or any other state; or 5. If notice is mailed, proof of mailing will be (7) Violation or breach by the insured sufficient proof Of notice. of any policy terms or conditions C. The following Condition is added: other than.nonpayment of premium. PREMIUM OR COVERAGE CHANGES AT RE- We will mail or deliver written notice of can- NEWAL cellation to the first Tamed Insured at least: 1. If we elect to renew this policy, we will mail (a) 10 days before the effective or deliver written notice of any total premium crate of cancellation if we cancel increase greater than ten percent (10%) for nonpayment of premium. If which.is the result of a corhparabte increase delivered via United States mail, in premium, rates, dhange in deductible, re- the 10 day notification period duction in limits or, reduction in coverage to begins to run five days following the first Named Insured, at the last mailing the dateof postmark; or address known to us. (b) 3Q days before the effective. 2. Any such notice will be mailed or delivered date of cancellation if we cancel to the first Named Insured at least'30 days for any other reason, stated in before /he expiration or anniversary date of 2.b. above. the policy. B. The following Condition is added and supersedes 3. If notice is not mailed or delivered at least 30 any provision to the contrary: day's before the expiration or anniversary NONRENEWAL date of the policy, the llrerrlium, deductible, limits and .cogerage in effect prior to the 1. If we elect not tO renew this;policy, we will changes will fentain irr effect until the earlier mail or deliver to the first Named Insured a of the following: written notice of intention not to renew at least 45 days prior for the expiration or anni- a. 30 days after notice is given; or versary date of the-policy. b. The effective elate of replacement cov- . We will mail or deliverur notice to fine first erage obtained by the first Named In- �o Nettled ftlsured'S last Mailing addre.s knownsured. to uh. 4. If the first Named Insured accepts the re- 3. If notice is not mailed or delivered talent 45 newel, the premium increA§e, if any, and days before the expiration of anniversary other changes will be effective on and after the first day of the renewal term. date .of thio policy, this policy wlllr remain in effect until 45 days after notice is mailed or 5. If the first Named Insured elects not to re- delivered. Earned premium for the extended new, any earned premium 'for the resulting period of coverage will be calculated pro rata extenCed period of,coverage will be calcu- at the rates applicable foqrte expiring policy. lat'ed pro rata at the lower Qf the t1Ew rates 4. We need not mail or deliver this notice or rates applicable to the expiring ptSlicy. a. We have offered tp renew this poli, 6. If notice is mailed, proof of mailing will be sufficient proof of notice. Paao 2 of 2