HomeMy WebLinkAbout2014-023 Contract - Mountain View Paving CiTy RECeR~nl~ f Contract for Asphalt Patching ' <t , CITY OF CONTRACTOR: Mountain View Paving ASHLAND CONTACT: Paul Meyer 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 508, Talent, OR 97540 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-535-3840, Cell 541-210-3735 DATE AGREEMENT PREPARED: December 27, 2013 FAX: BEGINNING DATE: December 27, 2013 COMPLETION DATE: June 30, 2016 COMPENSATION: To be determined by competition for jobs based on per unit price quotes submitted every 60 days or as needed for jobs exceeding $2,500.00 GOODS AND SERVICES TO BE PROVIDED: Asphalt Patching Services ADDITIONAL TERMS: Special Procurement (Alternative contracting process) approved by City Council on September 6, 2011. Valid until June 30, 2016. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of city. 6. Statutory Requirements: ORS 2796.220, 2796.225, 2796.230, 2798.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,825 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations,lactions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, count or other sources is not obtained and continued at levels Contract for Goods and Services Less than $25,000, Revised 12/27/2013, Page 1 of 5 sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall'possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 1 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts tolassign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. i d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor!or its insurers to Contract for Goods and Services Less than $25,000, Revised 12/27/2013, Page 2 of 5 the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland,;Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will,specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractolt City of Ashland By By 2_Cw Signature Department Head Print Name Print Name c j,Cle t ~t1 14 I Title Date I W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. I i I Contract for Goods and Services Less than $25,000, Revised 12/27/2013, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest prdfessional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: i (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. r (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. G Y Al (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 12127/2013, Page 4 of 5 SAIF Corporation 2/12/2014 10:42:13 AM PAGE 1/001 Fax Server www.salf.mm I OREGON WORKERS COMPENSATION CERTIFICATE OF INSURANCQsaif corporation CERTIFICATE HOLDER: CITY OF ASHLAND PURCHASING - ATTN SHERRIE 90 N MOUNTAIN AVE ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 496578 10/01/2013 to 10/01/2014 02/12/2014 INSURED: BROKER OF RECORD: MOUNTAIN VIEW PAVING INC WARD INSURANCE AGENCY INC PO BOX 508 PO BOX 10167 TALENT, OR 97540-0508 EUGENE, OR 97440 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: All operations performed by the named insured for the certificate holder in accordance with policy terms and conditions. IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. . CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. AUTHORIZED REPRESENTATIVE John C. Plotkin President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.373.8020 I Policy-eakh_CertifcateOflm mme A C40 L~® DATE(MWDD/YYYY) LLJJ CERTIFICATE OF LIABILITY INSURANCE 9/24/2013 lk.i 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. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER cNAoNMTACT E: Kim Schnetzky Ward Insurance Agency PHONE (541) 687-1117 A1C'o:(501)342-8280 PO Box 10167 Eo AIEs.kim@wardinsurance. net INSURERS AFFORDING COVERAGE NAIC# Eugene OR 97440 INSURER A:De ositors Ins Com an 2587 INSURED INSURER B: Mountain View Paving Inc INSURERC: PO BOX 508 INSURER'D: INSURER E Talent OR 97540 INSURER F: COVERAGES CERTIFICATE NUMBER:13/14 GL,AL,Umb REVISION NUMBER: THIS IS TO CERTIFY" THAT THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL'CY 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 AD R POLICY EFF POLICY EXP ILIMITS LTR TYPE OF INSURANCE POLICYNUMBER MMIDDNYYY MMIDDNYYY ..q. VAIn GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 DAMA ETOR TED SOO, Q00 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence E A CLAIMS-MADE OCCUR X Y CP7506305292 9/25/2013 /25/2014 MED EXP Any, one person) $ 5,000 PERSONAL B ADV INJURY It 1,000,000 GENERAL AGGREGATE - E 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY X PRO LOG $ JECT AUTOMOBILE LIABILITY Ee a a4eDl SINGLE LIMIT 1,000,000 Ix ANY AUTO $ A ALL OWNED SCHEDULED CP7506305292 /25/2013 9/25/2014 E AUTOS AUTOS NON-OWN HIREDAUTOS X AUTOS ED Per accitlent $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTIONS CP7506305292 9/25/2013 9/25/2014 $ WORKERS COMPENSATION WCSTATU- DTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNER XECUTIVE❑ NIA EL.EACH ACCIDENT $ OFFICEMEMBER EXCLUDED? (Mandator, in NH) E.L.DISEASE-EAEMPLOYE $ SC TION antler 5 DE L. DISEASE - POLICY1LIMIT DESCRIPTION OF OPERATIONS below c I ti - I I - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Patches City of Ashland is named as additional insured on a primary and non-contributory basis including waiver of subrogation with respects to wr,.rk performed by the named insured under written contract agreement and I per the attached CG7323. Completed operations apply per the attached CG7246. 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. City of Ashland I 90 N. Mountain Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Darrin Godfrey/TRACES ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. 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This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended c. Any continuation, progression, change to include as an insured any person or cr resumption of "bodily injury", organization whom you are required to add as "property damage", or "personal and an additional insured on this policy under a advertising injury" will be deemed to be written contract or written agreement. The one occurrence, written contract or written agreement must be: d. Our limit of liability will not exceed the 1. Valid and legally enforceable; Limits of Insurance for one annual policy 2. Currently in effect or becoming effective period, during the term of this policy; and 4. The coverage provided to the additional 3. Executed prior to an "occurrence" resulting insured by this endorsement and paragraph in "bodily injury", "property damage," or f. of the definition of "insured contract" under "personal and advertising injury" DEFINITIONS (SECTION V) do not apply to "bodily injury" or "property damage" arising B. The insurance provided to the additional insured out of the "products-completed, operations is further limited as follows: hazard" unless required by the written 1. That person or organization is an additional contract or written agreement. When insured solely for liability due to your coverage does apply to "bodily injury" or negligence specifically resulting from "your "property damage" arising out of the worK' for the additional insured which is the "products-completed operations hazard" subject of the written contract or written such coverage will not apply beyond the agreement. No coverage applies for any lesser of: ' liability due to negligence attributable to any a. The period of time required by the person or entity other than the Named written contract or written agreement; or Insured. b. Five years from the completion of "your 2. The Limits of Insurance applicable to the work" on the project which is the subject additional insured are those specified in the of the written contract or written written contract or written agreement or in - agreement. the Declarations of this policy, whichever is less. These Limits of Insurance are 5. The insurance provided to the additional inclusive of, and not in addition, to the Limits insured does not apply to: of Insurance shown in the Declarations. "Bodily injury", "property damage", or 3. If we insured the Named Insured for more "personal and advertising injury" arising out than one annual policy period: of the rendering of, or failure to render, any professional architectural, engineering or a. Only the policy in effect at the time the surveying services, including: "bodily injury"," property damage", or "personal and advertising injury" first a. The preparing, approving, or failure to occurs will apply; prepare or approve maps, shop drawings, opinions, reports, surveys, b. "Bodily injury", "property damage", or field orders, change orders or drawings "personal and advertising injury", first and specifications; and occurs when it is initially discovered by any person; CG 72 46 09 08 Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 1 of 2 CG 72 46 09 08 b. Supervisory, inspection, architectural or (1) Give written notice of an occurrence engineering activities. or an offense to us which Imay result c. Defects in design or specifications in a claim or "suit" under this furnished by the additional insured or its' insurance; "employees". (2) Agree to trigger or activate any 6. We have no duty to defend or indemnify an other insurance which the additional cover additional insured under this endorsement: insured has for a loss I we Part by a. For any liability due to negligence under this Coverage tendering the defense to the attributable any person or entity other insurers of all such other insurance; than the Named Insured. This provision includes any sole negligence or willful 2. With respect to the coverage provided under misconduct on the part of the additional this endorsement, the following is added to insured or its' "employees". Paragraph 4.b.(1) of the Other, Insurance b. For any loss which occurs prior io our Condition: Named Insured commencing operations (c) This insurance is also excess over any at the location of the loss. other insurance naming the additional c. Until we receive written notice of a claim insured as an insured whether primary, or "suit" from the additional insured as excess, contingent or on any other required in the Duties In The Event of basis, unless the written contract or Occurrence, Offense, Claim or Suit written agreement described in A. above Condition. specifically requires that this insurance be provided on either a primary basis or C. With respect to the coverage provided under this a primary and noncontributory basis. endorsement, the COMMERCIAL GENERAL LIABILITY CONDITIONS (SECTION IV) are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: An additional insured under this endorsement will as soon as practicable: All terms and conditions of this policy apply unless modified by this endorsement. I i I I Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc., with its permission. CG 72 46 09 08 i