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CONSTRUCTION AGREEMENT HLAC PARKING LOT REPAIRS-2014 BETWEEN CITY OF MOSCOW, IDAHO AND MOTLEY-MOTLEY, INC. THIS CONSTRUCTION AGREEMENT HLAC PARKING LOT REPAIRS - 2014 BETWEEN CITY OF MOSCOW, ID HV I IMITS 13KPS30886 11/30/2013 11 /30/2014 E L. EACH ACCIDENT $ WASHINGTON STOP GAP E L. DISEASE · EA EMPLOYEE $ E L. DISEASE ·POLICY LIMIT s 13KPS30886 11/30/2013 11/30/2014 JBROADFORM NHA234326 11/30/2013 11/30/2014 f EXCESS DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE; HLAC PARKING LOT REPAIRS PROJECT NO. 116-014 THE CITY OF MOSCOW IS GRANTED ADDITIONAL INSURED STATUS AS RESPECTS OPERATIONS OF THE NAMED INSURED AS REQUIRED BY CONTRACT CERTIFICATE HOLDER CANCELLATION 2,000,000 2,000,000 5,000,000 1,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 350,000 5,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MOSCOW THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 9203 MOSCOW, ID 83843 AUTHORIZED REPRESENTATIVE I {IJim Olnneon/Pr<0ldner; or If the toss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Ex9luslon g. of Section I - Coverage A - Bodily In­ jury And Property Damage Liability. Any ·other primary insurance available ·to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi­ tional insured by attachment of an en­ dorsement. When this Insurance is excess, we will have no duty under Coverages A or IB to defend the In­ sured against any "suit" if any other insurer has a duty to defend the Insured against that "suit". If no other insurer defends, we will undertake to do so, but we wm be entitled to the insured's rights against all those other Insurers. When this insurance is excess over other in­ surance , we will pay only our share of the amount of the loss, If any, that exceeds the sum of: The total amount that all such other insur­ ance would pay for the toss in the absenc·e of this insurance; and The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance tttat is not described In this Excess Insurance provision and was not bought specifically to apply in excess of the Umlts of Insurance shown In the Declarations of this Coverage Part. c. MetѦodl Of Sharing If all of the other insurance pennits contribu­ tion by equal shares, we will follow this method also. Under this approach each Insurer con­ tributes equal amounts untll it has paid Its ap­ plicable limit of insurance or none of the loss remains,. whichever comes first. lnciudes copyrighted material of Insurance Services Office, Inc., with its permission. 0 ---PAGE BREAK--- If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on 1he ratio of its applicable limit of in· surance to the total applicable limlts of insurance of all insurers. Includes copyrighted material of Insurance Services Office, Inc. Used with Its permission. Page 2 of 2 a ---PAGE BREAK--- POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS = COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDUlE Name Of Addiiionaf insured Person(s) LocaYion And Description Or Organia::ation(s) Of Completed Operations Information required to complete this €chedule, if not shown above, will be shown in the Declarations. Section fl - Who rs An insured is amended to include as an additional insured the person(s} or organization(s} shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work " at the location designated and described in the schedule of this endorsement perlormed for that additional insured and included in the "products­ completed operations hazard". ©ISO Properties, Inc., 2004 CG 20 37 07 04 ---PAGE BREAK--- Alxktil NL ionaD INSURANCE COMPANY BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE FULL V. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We waive any right of recovery we may have against any person or organization as required in a written contracl because of payments we make for injury or damage arising out of "your work" done under the written contract . The waiver applies only to the person or organization required by the written contract and then only if the contract requires you to obtain this agreement from us. This endorsement chan9es the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The Information below Is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsem ent No. 13 ANIC GL 702 04 12 Producer Copy \ \ ---PAGE BREAK--- ADDITIONAL INSURED (CONTRACTORS) • AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Who Is An Insured (Section 11) is amended to include as an insured any person or organization (herein referred to as an additional insured), but only if you are required to add that person or organization as an insured to this policy by a written contract that is in effect prior to the ubodily injury", "property damage", or "personal and advertising injury". 2. The insurance provided to the additional insured · is limited as follows: a. That person or organizafion is only an additional insured if, a!'ld only to the extent that, the injury or damage Is caused by negligent acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract applies. The person or organization does not qualify as an additional insured with respect to injury or damage caused in whole or in part by independent negligent acts or omissions of such person or organization. b. The insurance provided to the additional insured does not apply to "bodily injury", Ȍproperty damageN, or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: i. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and AN!C GL 1061 03 08 Producer Copy ii. supervisory, inspection, or engineering services. c. The insurance provided to the additional insured, referred to in paragraph 1. of this endorsement, does not cover "bodily injury" or "property damage" caused by your negligent acts and omissions in the performance of "your worl<" that occurs within the "products­ completed operations hazard," unless the written contract, referred to in paragraph 1. of this endorsement, contains a specific requiremerlt that you procure completed operations coverage or coverage within the "products-completed operations hazard" for the additional insured. However, even if coverage within the "products-completed operations hazard" is required by the written contract, such coverage is available to the additional insured only if the "bodily injury" or "property damage" occurs prior to the end of the time period during which you are required by the written contract to provide such coverage or the e>Cpiration date of the policy, whichever comes first. 3. If other valid and collectible insurance, whether on a primary, excess, contingent or any other basis, is available to the additional insured for a loss we cover under this endorsement, then the insurance provided by this endorsement is excess over that other insurance. However, the insurance provided by this endorsement will be primary to other insurance on which the additional insured is a named insured for the covered loss, if the written contract, referred to in paragraph 1. of this ---PAGE BREAK--- Alaska N& lanai INSURANCE C.DMPANY endorsement, contains a specific requirement that this insurance be primary or primary and non­ contributory. In that case we will not share with thal other insurance on a pro-rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, is coverage for which rt has been named as an additional Insured, then the coverage provided by this endorsement is excess over that other insurance. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 15 Countersigned By ANIC GL 1061 03 08 Producer Copy Page 2 of 2 ---PAGE BREAK--- Alaska Jonal INSURANCE COMPANY DESIGNATED CONSTRUCTION PROJECT($) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products­ completed operations hazard", and for medlcal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 Producer Copy 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, Instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. Page 1of2 ---PAGE BREAK--- Ala$/kw N11. JonaB INSURANCE COMPANY B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever Is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included In the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Llm!t, and not reduce the General Aggregate Limit nor the Designated Conslrucllon Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or If the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be lhe same construction project. E. The provisions of Section Ill - Limits Of Insurance not otherwise modified by !his endorsement shall continue to apply as strpulated. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date Issued at 12:01 A.M. standard time at your mailing address shown in the policy. The Information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 11/30/2013 Policy No. 13KPS30886 Insured MOTLEY-MOTLEY' INC. Endorsement No. 20 Countersigned By © Insurance Services Office, Inc., 2008 CG 25 03 05 09 Producer Copy Page 2 of 2 ---PAGE BREAK--- PERFORMANCE BOND Bond No.: 106151450 CONTRACTOR: SURETY: (Name, legal status and address) Motley-Motley, Inc. 6901 State Route 270 Pullman, WA 99163 (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America 707 W. Main Street, Suite 300 Spokane, WA 99201 OWNER: City of Moscow 221 East 2nd Ave. P.O. Box 9203 Moscow, ID 83843 CONSTRUC I N Date: i ( o//v Amount: 38 ,291.30 Description: (Name and location) HLAC Parking Lot Repairs 2014 BOND Date: September 10, 2014 Amount: $38,291.30 Modifications to this Bond: None vI See Section 16 CONTRACTOR AS PRINCIPAL Company: Motley-Motley, Inc. (Corporate Seal) Signature: Name and Title: Frank J. Motley, President SURETY Travelers Company: Signature: Name and Tit] . (Any additional signatures appear on the last page of this Peiformance Bon (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Inland Insurance, Inc. 9016 E. Indiana, Suite A Spokane Valley, WA 99212 [PHONE REDACTED] and Surety Company of America orporate Seal) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 ---PAGE BREAK--- Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perfonn the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amourit for which it may be liable to the Owner and, as soon as practicable after the amount is detennined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5 and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 lfthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 ---PAGE BREAK--- . . to perfonn its obligations under this Bond, whichever occurs first. ff the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 1 4 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 OWner Defaull Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 1 5 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 ---PAGE BREAK--- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ѥ TRAVELERS J POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 228037 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. Q Q 5 9 8 5 5 1 2 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies") , and that the Companies do hereby make, constitute and appoint James P. Dinneen, John L. Green, Cathy Sue Smith, LouAnn Jensen, and Toby Hawkins of the City of Spokane . State of Washington . their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances , conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. • IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _ _ _ _ _ l_ 7_th _ _ _ _ _ day of July 20 14 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On this the 17th day of July 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-1 2 Printed in U.S.A. Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE ED BORDER ---PAGE BREAK--- WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted and by the authority of the following resolutions adopted by the iloards of Directors of Parrnington Casualty Company, Fidelity and Guaranty Insuia11ct! Cumpauy, Fi1: I u m:ro r Eo A x COMMERCIAL GENERAL LIABILITY x x 13KPS30886 11/30/2013 11/30/2014 PREMISES IEa oc:currencel $ 100,000 I CLAIMS-MADE [Kl OCCUR MED EXP (Anv one pefson) $ 5,000 x BLKT CONTRACTUAL I PERSONAL & ADV INJURY $ 1,000,000 03/17/2017 j GENERAL AGGREGATE c x POLLUTION EGL002753 03/17/2014 $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 n POLICY lxl UW-r n LOC POLLUTION $ 5,000,000 AUTOMOBILE LIABILITY x x COMBINED SINGLE LIMIT $ 1,000,000 (Ea accidenl) A x ANY AUTO 13KAS30886 11 /30/2013 11/30/2014 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accidenl) $ SCHEDULED AUTOS PROPERTY DAMAGE - $ x HIRED AUTOS (PER ACCIDENT) - x NON-OWNED AUTOS $ - $ x UMBRELLA LIAB  OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 A x x 13KLU30886 11/30/2013 11/30/2014 DEDUCTIBLE $ - RETENTION s S WORKERS COMPENSATION [ we STATU· I IOJ· AND EMPLOYERS' LIABILITY TORY IJMITS Y / N A ANY PROPRIETOR/PARTNER/EXECUTIVE D 13KPS30886 11/30/2013 11/30/2014 E L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A x (Mandatory in NH) WASHINGTON STOP GAP E L. DISEASE - EA EMPLOYEE $ 1,000,000 II Kes. describe under D SCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $ 1,000,000 A Installation/Bid R 13KPS30886 11/30/2013 11/30/2014 BROADFORM 350,000 B Excess Liability NHA234326 11/30/2013 11/30/2014 EXCESS 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: HLAC PARKING LOT REPAIRS PROJECT NO. 116-014 THE CITY OF MOSCOW IS GRANTED ADDITIONAL INSURED STATUS AS RESPECTS OPERATIONS OF THE NAMED INSURED AS REQUIRED BY CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MOSCOW THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 9203 MOSCOW, ID 83843 AUTHORIZED REPRESENTATIVE OPJim Dinneen/ Pre•idenl ' © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- NOTEPAD INSURED'S NAME MOTLEY-MOTLEY, INC. MOTLE-1 OP ID: CS !ADDITIONAL INSURED.COVERAGE SHALL BE PRIMARY AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE NON-CONTRIBUTORY. WAIVER OF SUBROGATION APPLIES TO ALL POLICIES FOR ALL ADDITIONAL INSUREDS. SEVERABILITY OF INTEREST PROVISION IS AFFORDED UNDER THE GENERAL LIABILITY J UMBRELLA POLICIES. POLLUTION POLICY IS BASED ON A 3 YEAR OCCURRENCE TERM WITH 3 YEAR EXTENDED COMPLETED OPERATIONS. LIMITS ARE $5,000,000/$5,000,000 WITH [A $10,000 DEDUCTIBLE. TRANSPORTATION POLLUTION COVERAGE IS INCLUDED IN THE POLICY. WAIVER OF SUBROGATION, SPECIFIC PROJECT, ADDITIONAL INSURED, SEVERABILITY OF INTERESTS, PRIMARY AND NON-CONTRIBUTORY COVERAGE APPLIES. UMBRELLA POLICY APPLIES EXCESS OF GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WA STOP GAP/EMPLOYERS LIABILITY AS REQUIRED. EXCESS LIABILITY POLICY FOLLOWS FORM OVER THE GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WA STOP GAP/EMPLOYERS LIABILITY AS REQUIRED. RESIDENTIAL COVERAGE APPLIES EXCEPT FOR TRACT HOUSING. PAGE 2 Date 09/09/2014 ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY ECG 24 520 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY NONCONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART condition 4. Other Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: a. Primary Insurance This Insurance is primary except when b. be­ low applies . If this insurance is primary, our ot>. ligations are not affected unless any of the other insurance is also primary. Then , we will share with all that other insurance by the method described in c. below, except that we will not seek contribution from any party with whom you have agreed in a written contract or agreement that this insurance will be primary and noncontributory, if the written contract or agreement was made prior to the subject "oc­ cutTenc:e• or offense. · b. EKcess Insurance This Insurance is excess over: Any of the other insurance, whether pri­ mary, excess, contingent or on any other b&Sls: (aJ That is Fire, Extended Coverage, Builder's Risk, Installation Risk or simi­ lar coverage for "your work"; That is Fire insurance for premiSes rented to you or temporarily occupied by you with permission of the owner, That is insurance purchased by you to cover your liability as a tenant for "prop­ erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Ex8lusion g. of section I - Coverage A - Bodily In­ jury And Property Damage Any ·other primary insuranc.e available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi­ tional insured by attachment of an en­ dorsement. When this Insurance Is excess, we will have no duty under Coverages A or B to defend the in· sured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we wilÞ be entitled to the lnsured's rights against all those other insurers. When this Insurance is excess over other in­ surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: The total amount that all such other insur­ ance would pay for t.he loss in the absence of this Insurance; and The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribu­ tion by equal shares, we will follow this method also. Under this approach each insurer con­ tributes equal amounts until It has paid its ap­ plicable limit of insurance or none of the loss remains,. whichever comes first. ECG 24 s20 oe os· Includes copyrighted material of Insurance Services Office, Inc., with its pennission. Page 1of2 a ---PAGE BREAK--- If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of in· surance 10 the total applicable limits of insurance of all insurers. ECG 24 520 08 05 Includes copyrighted material of Insurance Services Office, Inc. Used with itʃ; permissi.on. Page 2 of 2 a ---PAGE BREAK--- POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITfONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Or Organization(s) Of Completed Operations Information required to complete this chedule, if not shown above, will be shown in the Declarations. Section II - Who Is An rnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products­ completed operations hazard". «>ISO Properties, Inc., 2004 CG 20 37 07 04 ---PAGE BREAK--- BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We waive any right of recovery we may have against any person or organization as required in a written contract because of payments we make for injury or damage arising out of ''your work" done under the written contract. The waiver applies only to the person or organization required by the written contract and then only if the contract requires you to obtain this agreement from us. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is iss ued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 13 ANIC GL 702 04 12 Producer Copy ---PAGE BREAK--- · . las a . ian.·aD INSURANCE COMPANY ADDITIONAL INSURED (CONTRACTORS) - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Who Is An Insured (Section II) is amended to include as an insured any person or organization (herein referred to as an additional insured), but only if you are required to add that person or organization as an insured to this policy by a written contract that is in effect prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance provided to the additional insured · is limited as follows: a. That person or organization is only an additional insured if, and only to the extent that, the injury or damage is caused by negligent acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract applies. The person or organization does not qualify as an additional insured with respect to injury or damage caused in whole or in part by independent negligent acts or omissions of such person or organization. b. The insurance provided to the additional insured does not apply to "bodily injury", ''property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: i. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and ANIC GL 1061 03 08 Producer Copy ii. supervisory, inspection, or engineering services. c. The insurance provided to the additional insured, referred to in paragraph 1. of this endorsement does not cover "bodily injury" or "property damage" caused by your negligent acts and omissions in the performance of "your work" that occurs within the "products­ completed operations hazard," unless the written contract, referred to in paragraph 1. of this endorsement, contains a specific requirement that you procure completed operations coverage or coverage within the "products-completed operations hazard" for the additional insured. However, even if coverage within the "products-completed operations hazard" is required by the written contract, such coverage is available to the additional insured only if the "bodily injury" or "property damage" occurs prior to the end of the time period during which you are required by the written contract to provide such coverage or the expiration date of the policy, whichever comes first. 3. If other valid and collectible insurance, whether on a primary, excess, contingent or any other basis, is available to the additional insured for a loss we cover under this endorsement, then the insurance provided by this endorsement is excess over that other insurance. However, the insurance provided by this endorsement will be primary to other insurance on which the additional insured is a named insured for the covered loss, if the written contract, referred to in paragraph 1 . of this ---PAGE BREAK--- Alaska Ne. lanai INSURANCE COMPANY endorsement, contains a specific requirement that this insurance be primary or primary and non:. contributory. In that case we will not share with that other insurance on a pro-rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, is coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 15 Countersigned By ANIC GL 1061 03 08 Producer Copy Pa9e 2 of 2 ---PAGE BREAK--- . . Alaska Nt. ,,ional INSURANCE COMPANY DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products­ completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 Producer Copy 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. Page 1 of 2 ---PAGE BREAK--- . . Alaska Na. ional INSURANCE COMPANY B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liabllity arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products--completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section Ill - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is Issued subsequent to commencement of the policy. Endorsement Effective 11/30/2013 Policy No. 13KPS30886 Insured MOTLEY-MOTLEY, INC. Endorsement No. 20 Countersigned By ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 Producer Copy Page 2 of 2