Loading...
19-162.03 Poe Asphalt: Street & Stormwater Maintenance & Repair Spokane Valley 10210 E Sprague Avenue•Spokane Valley WA 99206 Phone: (509)720-5000 m •Fax:(509)720-5075 •www.spokanevalley.org Email:cityhall@spokanevalley.org December 8,2021 Contract No. 19-162.03 Poe Asphalt Paving, Inc. 2732 North Beck Road Post Falls, ID 83854 Re: Implementation of 2022 option year,Agreement for Street and Stormwater Maintenance and Repair Services, Contract number 19-162, executed March 13, 2020. Dear Mr. Poe, The City executed an Agreement for provision of Street and Stormwater Maintenance and Repair Services on March 13th, 2020, by and between the City of Spokane Valley, hereinafter "City", and Poe Asphalt Paving, Inc. hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the second of four possible option years that can be exercised and runs through December 31,2022. The city would like to exercise the 2022 option year of the Agreement. The increase in Compensation as outlined in Exhibit A to the Agreement, includes the labor and material cost negotiated and shall not exceed $1,530,307.70. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount ..$ 1,500,000.00 2021 Renewal $ 1,515,439.95 2022 Renewal $ 1,530,307.70 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you agree with exercising the 2022 option year, please sign below to acknowledge the receipt and concurrence to perform the 2022 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY POE ASPHALT PAVING, INC. Citl[t&L10\f\ P Mark Calhoun,City Manager Name h ';v; >Sr\ 1� NNuIQ( Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office the Ci rney StiCikane „��Val ley Street and Stormwater Maintenance and Repair Services Contract Contract #19-162 Item# Trade Occupation 2021 2022 Increase %Inc • 1 *** Superintendent $ 73.07 $ 74.57 $ 1.50 2.05% 2 *** Foreman $ 70.67 $ 72.17 $ 1.50 2.12% 3 Cement Masons Journey Level $ 46.83 $ 46.83 $ - 0.00% 4 Fence Erectors Fence Erector $ 42.54 $ 44.04 $ 1.50 3.53% 5 Flaggers Journey Level $ 40.44 $ 41.94 $ 1.50 3.71% 6 Laborers General Laborer $ 42.54 $ 44.04 $ 1.50 3.53% 7 Laborers Asphalt Raker $ 43.08 $ 44.58 $ 1.50 3.48% 8 Laborers Concrete Crewman $ 42.54 $ 44.04 $ 1.50 3.53% 9 Laborers Guard Rail $ 42.54 $ 44,04 $ 1.50 3.53% 10 Laborers Pipelayer $ 43.08 $ 44.58 $ 1.50 3.48% 11 Laborers Traffic Control Supervisor $ 41.44 $ 42.94 $ 1.50 3.62% 12 Power Equipment Operators Blade(finish&bluetop) $ 49.66 $ 51.76 $ 2.10 4.23% 13 Power Equipment Operators H.D. Mechanic $ 49.66 $ 51.76 $ 2.10 4.23% 14 Power Equipment Operators Paving Machine $ 49.39 $ 51.49 $ 2.10 4.25% 15 Power Equipment Operators Rollerman $ 49.39 $ 51.49 $ 2.10 4.25% 16 Power Equipment Operators Screed Operator $ 49.39 $ 51.49 $ 2.10 4.25% 17 Power Equipment Operators Power Broom $ 48.18 $ 50.28 $ 2.10 4.36% 18 Power Equipment Operators Backhoes&Hoe Ram $ 49.39 $ 51.49 $ 2.10 4.25% 19 Power Equipment Operators Vactor Guzzler,Super Sucker $ 49.39 $ 51.49 $ 2.10 4.25% 20 Power Equipment Operators Roto Mill $ 49.39 $ 51.49 $ 2.10 4.25% 21 Power Equipment Operators Posthole Auger or Punch $ 48.79 $ 50.89 $ 2.10 4.30% 22 Power Equipment Operators Backhoe(45,000 GW&under) $ 49.11 $ 51.21 $ 2.10 4.28% 23 Truck Drivers Dump Truck(E.WA-690) $ 47.38 $ 48.68 $ 1.30 2.74% 24 Truck Drivers Dump Truck&Trailer(E.WA-690) $ 47.75 $ 49.05 $ 1.30 2.72% 25 Truck Drivers Other Trucks(E.WA-690) $ 47.27 $ 48.57 $ 1.30 2.75% 26 Truck Drivers Transit Mixer $ 47.75 $ 49.05 $ 1.30 2.72% ____....4, POEASPH-03 DPAINTER ACOROry DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 11/9/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 NAME: CONTACT Spokane Office PHONE o,Eat):(509)838-3501 i(AA/c,No):(866)226-3738 PayneWest Insurance,a Marsh McLennan Agency LLC Company E�Mp 501 N.Riverpoint Blvd.,Ste 403 ADDRESS: Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:Idaho State Insurance Fund 36129 Poe Asphalt Paving Inc INSURER C: 2732 N.Beck Road INSURER D: Post Falls,ID 83854 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 LIMTS LTR INSD WVD IMM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I X I OCCUR EPP0633923 11/1/2021 11/1/2022 DAMAGETORENTED 300,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL 8,ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X YEI:T LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X EPP0633923 11/1/2021 11/1/2022 BODILYINJURY(Perperson) $ —AAURTEOpS ONLY SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTO ONLY FR?aP Rd nt)AMAGE $ $ A X UMBRELLA UAB X OCCUR EACH OCCURRENCE a 4,000,000 EXCESSUAB CLAIMS-MADE EPP0633923 11/1/2021 11/1/2022 AGGREGATE $ 4,000,000 DED X RETENTION$ 0 $ B WORKERS COMPENSATION PER H AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 578551 10/1/2021 10/1/2022 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 rc 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) City of Spokane Valley Contracts CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE OA, ?0,,,,j_ed ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG20330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to drawings, opinions, reports, surveys, include as an additional insured any person or field orders, change orders or organization for whom you are performing drawings and specifications; or operations when you and such person or organization have agreed in writing in a contract b. Supervisory, inspection, architectural or agreement that such person or organization or engineering activities. be added as an additional insured on your This exclusion applies even if the claims policy. Such person or organization is an against any insured allege negligence or other additional insured only with respect to liability wrongdoing in the supervision, hiring, for "bodily injury", "property damage" or g g p employment, training or monitoring of others by "personal and advertising injury" caused, in that insured, if the "occurrence" which caused whole or in part, by: the 'bodily injury" or"property damage", or the 1. Your acts or omissions; or offense which caused the "personal and advertising injury", involved the rendering of or 2. The acts or omissions of those acting on the failure to render any professional your behalf; architectural, engineering or surveying services. in the performance of your ongoing operations 2. "Bodily injury" or "property damage" for the additional insured. occurring after: However, the insurance afforded to such a. All work, including materials, parts or additional insured: equipment furnished in connection applies to the extent permitted bylaw; with such work, on the project (other 1. Only pp than service, maintenance or repairs) and to be performed by or on behalf of the 2. Will not be broader than that which you are additional insured(s) at the location of required by the contract or agreement to the covered operations has been provide for such additional insured. completed;or A person's or organization's status as an b. That portion of "your work" out of additional insured under this endorsement ends which the injury or damage has when your operations for that additional insured been put to its intended use by any are completed. person or organization other than another contractor or subcontractor B. With respect to the insurance afforded to these engaged in performing operations for a additional insureds, the following additional principal as a part of the same project. exdusions apply: C. With respect to the insurance afforded to these This insurance does not apply to: additional insureds, the following is added to 1. "Bodily injury", "property damage" or Section III -Limits Of Insurance: "personal and advertising injury"arising out The most we will pay on behalf of the additional of the rendering of, or the failure to render, insured is the amount of insurance: any professional architectural, engineering or surveying services, including: 1. Required by the contract or agreement you have entered into with the additional a. The preparing, approving, or failing to insured; or prepare or approve, maps, shop CG 20 33 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 2. Available under the applicable Limits of This endorsement shall not increase the Insurance shown in the Declarations; applicable Limits of Insurance shown in the Declarations. whichever is less. CG 20 33 04 13 ©Insurance Services Office, Inc., 2012 Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG20380413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you exdusions apply: are performing operations when you and This insurance does not apply to: such person or organization have agreed in writing in a contract or agreement that such 1. "Bodily injury", "property damage" or person or organization be added as an "personal and advertising injury"arising out additional insured on your policy;and of the rendering of, or the failure to render, any professional architectural, engineering 2. Any other person or organization you are or surveying services, including: required to add as an additional insured under the contract or agreement described a. The preparing, approving, or failing to in Paragraph 1.above. prepare or approve, maps, shop drawings, opinions, reports, surveys, Such person(s) or organization(s) is an field orders, change orders or additional insured only with respect to liability drawings and specifications; or for "bodily injury", "property damage" or "personal and advertising injury caused, in b. Supervisory, inspection, architectural whole or in part, by: or engineering activities. a. Your acts or omissions; or This exclusion applies even if the claims against any insured allege negligence or other b. The acts or omissions of those acting wrongdoing in the supervision, hiring, on your behalf; employment, training or monitoring of others by that insured, if the "occurrence" which caused in the performance of your ongoing operations the 'bodily injury" or "property damage", or the for the additional insured. offense which caused the "personal and However, the insurance afforded to such advertising injury", involved the rendering of, or additional insured described above: the failure to render, any professional architectural, engineering or surveying services. a. Only applies to the extent permitted by law; and 2. "Bodily injury" or "property damage" occurring after: b. Will not be broader than that which you are required by the contract or a. All work, including materials, parts or agreement to provide for such equipment furnished in connection additional insured. with such work, on the project (other than service, maintenance or repairs) A person's or organization's status as an to be performed by or on behalf of the additional insured under this endorsement ends additional insured(s) at the location of when your operations for the person or the covered operations has been organization described in Paragraph 1. above completed;or are completed. b. That portion of "your work' out of which the injury or damage arises has been put to its intended use by any CG 20 38 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 person or organization other than 1. Required by the contract or agreement another contractor or subcontractor described in Paragraph A.1.; or engaged in performing operations for a principal as a part of the same project. 2. Available under the applicable Limits of Insurance shown in the Declarations; C. With respect to the insurance afforded to these additional insureds, the following is added to whichever is less. Section III -Limits Of Insurance: This endorsement shall not increase the The most we will pay on behalf of the additional applicable Limits of Insurance shown in the insured is the amount of insurance: Declarations. CG 20 38 04 13 ©Insurance Services Office, Inc., 2012 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for"bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury" or"proper- of hazard" for a specified length ty damage"occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work"out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to tor or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury" or "property damage" tional insured coverage to that person or caused, in whole or in part, by "your organization: work" performed under that written contract or written agreement and in a. Arising out of your ongoing opera- tions or arising out of'your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris replaced by the phrase arising out of. ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury" or "property damage" sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury", "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: 2. Will not be broader than that which you a. The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or Supervisory, inspection, architectural 3. Does not apply to any person, organiza- b. p tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment, training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B.,the following is added to Section III erty damage", or the offense which -Limits Of Insurance: caused the "personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. and B.; or B. Additional Insured -State Or Governmental Agency Or Subdivision Or Political Subdi- 2. Available under the applicable Limits of vision - Automatic Status When Required Insurance shown in the Declarations; In Written Permits Or Authorizations whichever is less. 1. Section II - Who Is An Insured is amended to include as an additional in- This endorsement shall not increase the appli- sured any state or governmental agency cable Limits of Insurance shown in the Decla- or subdivision or political subdivision you rations. have agreed in writing in a contract, E. Section IV - Commercial General Liability agreement, permit or authorization to add Conditions is amended to add the following: as an additional insured on this Coverage Part. Such state or governmental agency Automatic Additional Insured Provision or subdivision or political subdivision is an additional insured only with respect to op- This insurance applies only if the "bodily inju- erations performed by you or on your be- Ty" or "property damage" occurs, or the "per- half for which the state or governmental sonal and advertising injury" offense is com- agency or subdivision or political subdivi- miffed: sion issued, in writing, a contract, agree- 1. During the policy period; and ment, permit or authorization. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- As used in this endorsement, wrap-up insur- ten contract or written agreement, or the ance means any insurance provided by a con- issuance of a written permit or written au- solidated (wrap-up) insurance program. thorization, described in Paragraphs A. Primary And Noncontributory Insurance and B. When Required By Written Contract, F. Except when G. below applies, the following is Agreement, Permit Or Authorization added to Section IV - Commercial General Except when wrap-up insurance applies to the Liability Conditions, 5. Other Insurance, „ and supersedes any provision to the contrary: claim or "suit on behalf of the additional in sured, this insurance is primary to and will not When Other Additional Insured Coverage seek contribution from any other insurance Applies On An Excess Basis available to the additional insured described in Paragraphs A. and B. provided that: This insurance is primary to other insurance available to the additional insured described in 1. The additional insured is a Named In- Paragraphs A.and B.except: sured under such other insurance; and 1. As otherwise provided in Section IV - 2. You have agreed in writing in a contract, Commercial General Liability Condi- agreement, permit or authorization de- tions, 5. Other Insurance, b. Excess In- scribed in Paragraph A. or B. that this in- surance; or surance would be primary and would not seek contribution from any other insur- 2. For any other valid and collectible insur- ance available to the additional insured. ance available to the additional insured as an additional insured by attachment of an As used in this endorsement, wrap-up insur- endorsement to another insurance policy ance means any insurance provided by a con- that is written on an excess basis. In such solidated (wrap-up) insurance program. case, this insurance is also excess. H. Section IV - Commercial General Liability G. The following is added to Section IV - Corn- Conditions, 9. Transfer Of Rights Of Re- mercial General Liability Conditions, 5. covery Against Others To Us is amended by Other Insurance, and supersedes any provi- the addition of the following: sion to the contrary: We waive any right of recovery we may have Primary Insurance When Required By Writ- against any additional insured under this en- ten Contract, Agreement, Permit Or Au- dorsement against whom you have agreed to thorization waive such right of recovery in a written con- tract, written agreement, written permit or writ- Except when wrap-up insurance applies to the ten authorization because of a ents we claim or "suit" on behalf of the additional in- p make for injury or damage arising out of your sured, this insurance is primary to any other ongoing operations or "your work" done under insurance available to the additional insured a written contract, written agreement, written described in Paragraphs A. and B. provided permit or written authorization. However, our that: rights may only be waived prior to the "occur- 1. The additional insured is a Named In- rence" giving rise to the injury or damage for sured under such other insurance; and which we make payment under this Coverage Part. The insured must do nothing after a loss 2. You have agreed in writing in a contract, to impair our rights. At our request,the insured agreement, permit or authorization de- will bring "suit" or transfer those rights to us scribed in Paragraph A. or B. that this in- and help us enforce those rights. surance would be primary to any other in- surance available to the additional in- sured. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 3 of 3