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14-213.00 Sunshine Disposal: Solid Waste Collection SOLID WASTE COLLECTION AGREEMENT (RCW 35A.03.005; RCW 35.02.160) City of Spokane Valley This SOLID WASTE COLLECTION AGREEMENT("Agreement") is made and entered into between SUNSHINE DISPOSAL, INC. ("SDI") and the CITY OF SPOKANE VALLEY,a code city of the state of Washington ("City"). The parties shall be collectively referred to herein as the"Parties"and individually as a"Party",unless specifically identified otherwise. This Agreement shall be effective November 17,2014. The Parties agree as follows. RECITALS WHEREAS SDI holds Certificate No. G-199 issued by the Washington Utilities and Transportation Commission("WUTC") for the collection of solid waste in certain areas in Washington State, including within certain areas in Spokane County; WHEREAS at the time of the City's incorporation on March 31, 2003, and thereafter, SDI provided solid waste collection services pursuant to Certificate No. G-199 within the geographic boundaries of the newly incorporated City(the"Incorporated Territory"), as shown on Exhibit A attached hereto; WHEREAS at the time of the City's incorporation on March 31, 2003, and thereafter, Waste Management of Washington, Inc. also provided commercial roll-off solid waste collection service("Roll-Off Service")pursuant to Certificate No. G-237 within the Incorporated Territory; WHEREAS under RCW 35A.03.005 and RCW 35.02.160,the WUTC regulates the collection of solid waste within the Incorporated Territory until such time as the City notifies the WUTC, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 81.77.020; WHEREAS RCW 35.02.160 provides that when a new city incorporates,the city may elect to cancel the rights of the current solid waste collection company provided that the city grants to the collection company a contract or franchise to continue providing solid waste collection services for a term of not less than SEVEN (7) years following the city's exercise of its right to cancel SDI's WUTC collection authority within the Incorporated Territory; WHEREAS RCW 35.02.160 also provides that a company whose authority to collect solid waste within the city has been cancelled shall have a right of action against the city for any measurable damages it suffers as a result of the cancellation of its authority; WHEREAS on November 7, 2007,the City Council approved giving notice to the WUTC of the City's termination of SDI's collection rights within the Incorporated Territory under Certificate No. G-199; WHEREAS through Ordinance 07-022,the City Council also approved granting to SDI a seven-year franchise(the"Franchise")to provide roll-off garbage and refuse collection service within the Incorporated Territory; Page 1 of 13 WHEREAS on or about January 29, 2008, City staff sent to the WUTC the City's notice of termination of SDI's collection rights within the Incorporated Territory; WHEREAS on March 25, 2008,the City Council approved Ordinance 08-003,which amended Ordinance 07-022 to clarify the prior ordinance and to revise the effective date of the date of termination of SDI's collection rights under Certificate No. G-199; WHEREAS although Ordinance 07-022 and 08-003 granted to SDI a seven-year Franchise to continue solid waste collection services as required by RCW 35.02.160,the ordinances did not resolve SDI's potential claim for measurable damages; and WHEREAS by entering into this Agreement,the City and SDI wish to resolve the remaining issues concerning the cancellation of SDI's collection rights by extending the term of SDI's solid waste collection rights and responsibilities for an additional THREE (3) years and waiving any and all claims to measureable damages under RCW 35.02.160. TERMS AND CONDITIONS 1. DEFINITIONS. For the purpose of this Agreement,the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not otherwise defined herein shall have the definition provided under Chapter 70.95 RCW and its implementing regulations, if such definition exists. 1.1. "City Solid Waste"means all Solid Waste, including C&D Waste, derived from residential and commercial sources,whether public or private, located within the City Limits, but excluding any Excluded Wastes. 1.2. "Solid Waste"means solid waste as defined by RCW 70.95.030(22), and as hereinafter amended,to be all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. 1.3. "C&D Wastes"means Solid Waste resulting from construction,remodeling, repair, and/or demolition of buildings, houses,roads, or other structures, including, but are not limited to,wood, brick, concrete,rubble, soil, rock, drywall, masonry, roofing, siding, asphalt, structural metal, wire,packaging, insulation, and other building material. 1.4. "Recyclables Materials" means those categories of Solid Wastes that are separated for recycling or reuse, such as papers, metals, and glass. 1.5. "Yard Debris"means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. 1.6. "Source-Separated Recyclable Materials"means any Recyclable Materials that has been separated from other City Solid Waste prior to collection. 1.7. "Excluded Waste"means the following materials,provided, however,that the City and SDI may in the future agree in writing to include any of the following materials as Solid Wastes subject to this Agreement: Page 2 of 13 • Hazardous Waste, as defined herein; • Animal manures, dead animals, and animal remains, including remains from slaughterhouses or butcher shops; • Grease waste or used cooking oil; • Sewage sludge, septic tank and cesspool pumpings, or other sludge; • Infectious,biohazardous, or regulated medical waste; • Industrial process wastes and industrial wastewater sludge; • Treated/de-characterized wastes; • Antifreeze; • Asbestos and asbestos-containing waste; • Light ballasts; • Petroleum contaminated soils; • Universal wastes as defined in 40 CFR § 273.9, including batteries,pesticides, mercury-containing equipment, and universal waste lamps as defined therein; • Other wastes which require specialized disposal or treatment under state or federal law; • Other wastes that the Parties agree to in writing to be excluded from this Agreement. 1.8. "Hazardous Waste"means wastes that are defined as hazardous wastes under federal law, including the federal Resource Conservation&Recovery Act, 42 U.S.C. §§ 6901 et seq., and under comparable state laws. 2. The "Extended Period". The term of the seven-year Franchise granted pursuant to Ordinance 08-003 commenced on March 10, 2008 and will terminate on March 9, 2015. The Parties agree that the"Extended Period" shall commence on the Effective Date and shall terminate on March 31,2018, unless extended by written agreement of the Parties. The Parties agree and acknowledge that the term of the Franchise plus the Extended Period is longer than the 7-year franchise period required under RCW 35.02.160 in order to compensate SDI for any and all measurable damages SDI has incurred as a result of the cancellation of its solid waste collection rights within the Incorporated Territory. 3. Grant of Exclusive Right. The City hereby extends and grants to SDI the exclusive right and obligation to collect those City Solid Wastes, and provide those services previously provided under its WUTC Certificate G-199 and the City's Franchise to customers within the Incorporated Territory during the Extended Period(hereinafter the"Collection Services"). The Parties agree that such grant does not and shall not include any exclusive right to collect residential Yard Debris or Recyclables. During the Extended Period,the City agrees that it shall not contract for Collection Services or provide Collection Services within the Incorporated Territory. Notwithstanding the foregoing,the grant of an exclusive right to such Collection Services: 3.1. Shall not apply to the self-hauling of Solid Waste by the generator in their own vehicles; 3.2. Shall not apply to the hauling of Source-Separated Recyclable Materials or Yard Debris from commercial or industrial generators; Page 3 of 13 3.3. Shall not apply to those operations identified as exempt operations in WAC 480-70-011 or not otherwise regulated by the WUTC under SDI's G-199 certificate; 3.4. Shall not be construed to create any obligation or requirement for the City to impose mandatory solid waste collection from all of its residents and commercial businesses; 3.5. Shall not be construed to prohibit the City from undertaking any a procurement process and entering into a contract with another entity prior to the completion of the term of this Agreement in order to ensure there is no interruption of services after the completion of the term of this Agreement;provided that any such entity shall not commence providing services until the term of this Agreement is completed and this Agreement is terminated as provided herein. 4. Non-Exclusivity Regarding Waste Management of Washington,Inc. Notwithstanding any other provision in this Agreement,the Parties agree that nothing in this Agreement, including the grant of an exclusive franchise for the Incorporated Territory, shall interfere with the existing rights of Waste Management of Washington, Inc. under RCW 35.02.160 to provide Roll-Off Service within the Incorporated Territory. 5. Termination of Franchise Granted under Ordinance Nos. 07-022 and 08-003. The Parties agree that, commencing on the Effective Date,this Agreement replaces and supersedes the Franchise granted pursuant to Ordinance Nos. 07-022 and 08-003. 6. Rates and Compensation. SDI shall be compensated for the Collection Services hereunder by charging its residential and business customers within the Incorporated Territory the rates and charges (the "Rates") set forth in the copy of Tariff No. 7 for Certificate No. G-199 attached hereto as Exhibit B,and as the same may have been modified pursuant to Section 8; provided however, such Rates shall not include Item 230 of Tariff No. 7,but shall include the then-current disposal rate at the Spokane Valley University Transfer Station,which is owned and operated by Sunshine Recyclers, Inc. 7. Taxes,Fees, and Other Charges. In addition to the Rates identified in Exhibit B, SDI shall charge its residential and business customers within the Incorporated Territory any taxes, fees, and charges identified in Exhibit B and any other taxes, fees, and charges as may hereinafter be levied by any governmental entity against the Collection Services in the Incorporated Territory. 8. Adjustments to Rates, Taxes,Fees,and Other Charges. The Rates,taxes, fees, and other charges shall be adjusted as follows: 8.1. Annual Rate Adjustment. Rates shall be adjusted December 1, 2015 and annually thereafter, by a percentage equal to the annual percent change in the Consumer Price Index ("CPI"),August to August, All Items,December 1996=100 for All Urban Consumers (CPI-U), West Size Class B/C, as published by the Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). 8.2. Adjustment for Changes to Taxes,Fees, and Other Charges. If any of these taxes, fees, or charges under Section 7 above are increased or decreased, SDI shall adjust Page 4 of 13 the amounts charged to its residential and business customers consistent with the increases or decreases. If the City increases or decreases any taxes, fees, or charges on SDI's Collection Services within the Incorporated Territory,the City shall notify SDI of such taxes, fees, or other charges within 45 days of the intended effective change. 8.3. Periodic Adjustments Due to Extraordinary Circumstances. SDI's Rates set by this Agreement are calculated to pay certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to the annual CPI adjustment provided by Section 8.1 above, SDI's Rate shall, upon written request of SDI,be further adjusted due to any one or more of the following causes: (a) material changes in SDI's costs resulting from a Force Majeure event; provided that pursuant to Section 15, SDI is excused from performance during the period of a Force Majeure and so shall notify the City prior to continuing to provide services during the occurrence of a Force Majeure if it believes or has reason to believe the provision of services may result in material changes in SDI's costs. The Parties shall jointly determine whether SDI shall provide the same services or alternative services to limit the impact to SDI's costs; or (b) material changes in SDI's costs resulting from a change in law, statute, rule, regulation, ordinance, order or requirement of any federal, state,regional or local government that is effective after the Effective Date of this Agreement; provided SDI shall notify the City of such change and the Parties shall jointly determine,to the extent possible under the changes,whether SDI may provide alternative services to limit the impact to SDI's costs. If SDI requests an adjustment due to the circumstances set forth above, SDI shall prepare a rate adjustment request setting forth its calculation of the increased or decreased costs and accompanying adjustment to the Rates necessary to offset such changes. The City may request any and all documentation and data reasonably necessary to evaluate such request by SDI. The City shall act within forty-five (45)days of receipt of the request from SDI, and shall either approve or disapprove the request,provided that approval shall not be unreasonably withheld. 8.4.Notice of Rate Increases. SDI shall implement all City-authorized adjustments to rates by providing 45-day notice on the customers' invoices consistent with RCW 35.21.157. 8.5. Non-Applicability of Revisions to WUTC Tariffs. Notwithstanding any other provision in this Agreement,the Parties agree that the Rates have been established based on the WUTC tariff rates for Certificate No. G-199 applicable to the Incorporated Territory as of the Agreement execution date, but that any future rate adjustments shall be based upon Sections 8.1, 8.2, and 8.3 and not on revisions to the WUTC tariff rates for Certificate No. G-199. Nothing in this Agreement is intended to restrict or prohibit SDI from seeking approval from the WUTC for new and/or revised WUTC tariff rates applicable to solid waste collection within its Certificate No. G-199 territory located outside of the Incorporated Territory. 9. Additional Services. If the City elects to offer additional solid waste collection services to residential and/or commercial customers within the Incorporated Territory and if Page 5of13 those services are practical, feasible and able to be offered at reasonable costs of service by SDI, the City shall notify SDI in writing of the additional services requested, and SDI shall have the right to provide such additional services during the Extended Period. If SDI elects to provide such additional services, SDI shall notify the City in writing within THIRTY(30)days of receipt of the City's notice and shall offer such services either 9.1. consistent with the then-current rates for the same or similar services under its WUTC tariff applicable to Spokane County; or 9.2. if SDI does not offer the same or similar services under its WUTC tariff, pursuant to written agreement between the Parties. If SDI either(a) notifies the City in writing of its decision not to provide such additional services, or(b) fails to notify the City in writing within THIRTY(30) days of receipt of the City's notice,the City may contract for those services or provide those services itself within the Incorporated Territory. 10. Incorporation of Certain G-199 Tariff Service Conditions. Except as expressly provided herein,the Parties agree that the service requirements imposed pursuant to Tariff No. 7 applicable to Certificate No. G-199 and the current provisions of WAC 480-70-361 through 480-70-421, excluding WAC 480-70-386(2), shall be applicable to the Collection Services hereunder. A copy of Tariff No. 7 is attached hereto as Exhibit B and is incorporated herein by this reference. Notwithstanding the foregoing,the following shall apply in the event of any differences or ambiguities between the terms and conditions of this Agreement and Tariff No. 7 and the referenced WAC provisions: 10.1. Unless a term or condition of Tariff No. 7 or WAC section is inapplicable to the City, any reference to the WUTC in Tariff No. 7 or WAC section shall be deemed to be a reference to the City; 10.2. If there is a requirement or obligation set forth in this Agreement that conflicts with a requirement or obligation in Tariff No. 7 or any referenced WAC section, the requirement or obligation set forth in this Agreement shall apply; 11. Designated Disposal System. Except for C&D Wastes and any other materials agreed to by the Parties in writing, all City Solid Waste collected under this Agreement shall be delivered to the City's designated disposal system. SDI may deliver C&D Wastes and any other materials agreed to by the Parties in writing to any permitted facility chosen by the SDI. SDI may process or otherwise recover materials from drop-box loads and may charge customers lower disposal rates for those sortable loads,but in no case shall charge customers higher disposal fees than authorized by the City's separate disposal agreement with SDI. 12. Waiver of Claims for Measurable Damages. SDI hereby waives all claims under RCW 35A.03.005 and RCW 35.02.160 to any measurable damages resulting from the cancellation of its solid waste collection business within the Incorporated Territory. The Parties agree that this Agreement and the Franchise provide full satisfaction of any and all claims for measurable damages caused by cancellation of the SDI's Certificate No. G-199 and the City's extension of its collection authority over the Incorporated Area pursuant to RCW 35A.03.005 and RCW 35.02.160. Page 6 of 13 13. Required Notices to WUTC. The City shall be responsible for submitting any and all notices to the WUTC of its decision to contract for solid waste collection or provide solid waste collection itself within the Incorporated Territory pursuant to RCW 81.77.020. As required by WAC 480-70-141(3), SDI shall be responsible for notifying the WUTC that SDI and the City have entered into this Agreement, including submission of this executed Agreement to the WUTC. 14. Cooperation in Execution of Documents. The Parties agree to cooperate in preparing, executing, and delivering any and all additional documents that may be necessary to render this Agreement legally and practically effective,provided,however,that this provision shall not require the execution of any document that expands, alters or in any way changes the terms of this Agreement. 15. Force Majeure. If either Party is prevented from or delayed in performing its duties under this Agreement by circumstances beyond its control,whether or not foreseeable, including, without limitation, fires,typhoons, hurricanes, severe weather, floods, volcanic eruptions, pandemics, quarantines,war, civil disturbances, acts of terrorism, acts of God, or threats of such circumstances ("Force Majeure"),then the affected Party shall be excused from performance hereunder during the period of such disability. The Party claiming Force Majeure shall promptly notify the other Party when it learns of the existence of a Force Majeure condition and when the Force Majeure condition has terminated. Notwithstanding anything in this Agreement to the contrary,the term"Force Majeure"does not include and a Party shall not be excused from performance under this Agreement for events relating to increased costs, including,without limitation, increased costs of fuel, labor, insurance or other expenses of performing the Collection Services hereunder. Further,the term"Force Majeure"does not include labor disputes, which shall be handled in accordance with the same terms and procedures set forth in SDI's Certificate No. G-199 and any applicable provisions of Chapter 480-70 WAC. 16. Successors and Assigns. Neither Party shall assign this Agreement without the prior written consent of the other Party, except that SDI may assign this Agreement to any subsidiary,parent or affiliated company without the other Party's consent. If this Agreement is assigned as provided above, it shall be binding on and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 17. Insurance. SDI shall maintain throughout the term of this Agreement the following types of coverage with limits that are required by appropriate regulatory agencies or the following,whichever are greater: 17.1. Minimum Scope of Insurance. SDI shall obtain insurance of the types described below: (a) Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. Page 7 of 13 (b) Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,personal injury and advertising injury. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. The Contractor's Commercial General Liability Insurance shall not exclude liability due to pollution conditions arising from the Collection Services provided under this Agreement. City shall be named as an additional insured under SDI's commercial general liability insurance policy with respect to the work performed for City. (c) Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. (d) Commercial Umbrella Liability Insurance. This Umbrella Liability Insurance shall apply above, and be at least as broad in coverage scope, as the Contractor's Commercial General Liability and Automobile Liability Insurance. 17.2. Minimum Amounts of Insurance. SDI shall maintain the following insurance limits: (a) Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. (b) Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. (c) Employer's Liability, $1,000,000 per occurrence. (d) Commercial Umbrella Liability Insurance with limits of$5,000,000 each occurrence. 17.3. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,the following provisions for all insurance except workers' compensation: (a) SDI's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of SDI's insurance and shall not contribute with it. (b) Such coverage and policies shall not be cancelled without providing City thirty(30) days advance written notice. (c) City shall be named as an additional insured. 17.4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Page 8 of 13 17.5. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, SDI shall furnish acceptable insurance certificates to City at the time SDI returns the signed Agreement and, during the remaining term of this Agreement,within a reasonable time after a request for such certificates by the City. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements. Insuring companies or entities are subject to City acceptance. SDI shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 18. Indemnification. SDI shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the Collection Services provided by SDI, SDI's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. 18.1. SDI's duty to defend, indemnify and hold harmless City shall not apply to liability for damages caused by or resulting from the sole negligence of City or City's agents or employees. 18.2. SDI's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of(a) City or City's agents or employees, and(b) SDI, SDI's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of SDI, SDI's agents, subcontractors, subconsultants and employees. 18.3. SDI's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim-related expenses. 18.4. SDI specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided,that SDI's waiver of immunity by the provisions of this paragraph extends only to claims against SDI by City, and does not include, or extend to, any claims by SDI's employees directly against SDI. 18.5. SDI hereby certifies that this indemnification provision was mutually negotiated. 19. Notice. Any notice required or permitted hereunder shall be in writing(including, without limitation, by facsimile transmission) and sent to the address shown below: Page 9 of 13 If to If to SDI: Sunshine Disposal, Inc. City: City of Spokane Valley 11707 East Sprague Avenue, PO Box 13369 Suite 106 Spokane Valley, WA 99213- 3369 Spokane Valley, WA 99206 Attention: Marc B. Torre -President Attention: City Clerk 20. Alternative Dispute Resolution/Legal Fees. Any dispute, controversy or claim arising out of or relating to this Agreement, including any question regarding breach,termination or invalidity thereof shall be resolved by arbitration(unless both Parties agree to mediation) in Spokane, Washington or such other location as agreed to by the Parties, and in accordance with the American Arbitration Association or Judicial Dispute Resolution rules which are deemed to be incorporated by reference in this clause. The maximum number of arbitrators shall be one in any claim, suit, action or other proceeding relating in any way to this Agreement or any claims arising out of this Agreement, except as otherwise agreed to by the Parties. Other than mediation costs, in the event any arbitration or legal action is taken by either Party against the other to enforce any of the terms and conditions of this Agreement, it is agreed that the unsuccessful Party to such action shall pay to the prevailing Party therein all court and/or arbitration costs, reasonable attorney's fees and expenses incurred by the prevailing Party. 21. Entire Agreement; Amendment. This Agreement constitutes the entire agreement among the Parties concerning the subject matter hereof and supersedes all previous correspondence, communications, agreements and understandings,whether oral or written among the Parties. This Agreement may not be modified, in whole or in part, except upon unanimous approval of the Parties and by a writing signed by all the Parties. 22. Advice of Counsel. This Agreement was negotiated at arms-length with each Party receiving advice from independent legal counsel. 23. No Third Party Beneficiaries. This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claim hereunder or be entitled to any benefits under or on account of this Agreement,whether as a third party beneficiary or otherwise. 24. Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision in this Agreement and this Agreement shall be construed as if the invalid illegal, or unenforceable provision had never been contained in it. 25. Governing Law. This Agreement, and all amendments or supplements thereto, shall be governed by and construed in accordance with the laws of the State of Washington. 26. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. Page 10 of 13 * * * IN WITNESS WHEREOF,the Parties enter into this Agreement. Each person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the Party on whose behalf it is indicated that the person is signing. CITY OF SPOKANE VALLEY SUNSHINE DISPOSAL,INC. By: L440'C By: Name: Michael Jackso N e. Marc . Torre Title: City Manager Title: President Date: OP 1`f Date: /1— 7- /1-f ATTEST BY: ` �.. /5-6.1144/0;atp•--- Name: Christine Bainbridge Title: City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: 9,4Z By: Name: E r24�.� J 01h6 Name: Title: Office of the City Attorney Title: Attachments: Exhibit A—Map of the City of Spokane Valley, WA Exhibit B—Copy of Tariff No. 7, G-199 Page 11 of 13 Exhibit A—Map of the City of Spokane Valley,WA N N 1 0-4 Illar • li \ CO 4. \ pi ia,�ieg 3 1:3- d4. ""- ,-___J'. o - Q 101 ) 01., pb eJo!j m ,; Q a� �� d 1 6 � a if i € �.a m d 3 •;:: / a L 2 pauen!png 2 Q , ,Viii / ;cii El all _ -t III ,r N d 0 �; pb swept' ..r cII14 c IP uaa6an3 a . Qr ' p21 a�iel8a a i ,.L - — 5 d m0.0. . Q Q a w c 44E ol s m M = cn Ct 7`6 a t,r uo p2!sau!d p1 uos!pew — \� m IC) H . € C Ot pb Us!pnn08 IIIII _c ta\ g CNA \ e IIIl rn r LT P21R;!sJan!uf v �/` Pei Jaie4� V IP C O, p21Lied ,,_ r /rte © i pb Ue!!nW }---- -- / 3 a 1- / �� Q pm auuo6Jy U K m . � Y C , "\ P J e3s!A a a' a a Y `i d L 1 . m p21 uewia!yl ,;g uewia!yl Ip2!.1ayouej L , 0) a' a d m > ___ c.. L \ Ammo pi ueyeweo LE i I rT . + - ? O, •b7 ..r O Exhibit B—Copy of Tariff No. 7, G-199 RECEIVED AUGUST 18, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-143140 SUB 8/22/14 1 Revised Title Page Tariff No.7 Cancels Tariff No.6 of Sunshine Disposal,Inc. G-199(C) (Name/Certificate Number of Solid Waste Collection Company) dba Sunshine Disposal&Recycling (Registered trade name of Solid Waste Collection Company) NAMING RATES FOR THE COLLECTION,TRANSPORTATION,AND DISPOSAL OF SOLID WASTE,AND IF NOTED,RECYCLING AND YARDWASTE IN THE FOLLOWING DESCRIBED TERRITORY: {Note:if this tariff applies in only a portion of a company's certificate authority,a map accurately depicting the area in which the tariff applies must be attached to this tariff.) See Appendix A- Permit Copy and Map Name of person issuing tariff:John Lloyd (C) Official UTC requests for information regarding consumer questions and/or Mailing address of issuer: PO Box 13369 (C) complaints should be referred to the following company representative: City,State/Zip Code Spokane Valley,WA 99213 (C) Name:John Lloyd (C) Telephone Number(509)924-5678 Title: Chief Financial Officer (C) Phone:(509)924-5678 FAX number,if any(509)252-9068 (C) E-mail:johnl@sunshinedisposal.com (C) Fax: (509)252-9068 (C) E-mail address,if any:john)@sunshinedisposal.com (C) Issued by: John Lloyd Issue date:August 18,2014 Effective Date:October 2,2014 (For Official Use Only) FOR OFFICIAL USE ONLY Docket No. Date: By: Docket: TG-143140 Agenda Date: September 24, 2014 Effective Date: October 2, 2014 RECEIVED AUGUST 18, 2014 WA. UT. & TRANS COMM. ORIGINAL TG-143140 Tariff No.7 16 Revised Page No. 2 Company Name/Permit Number: Sunshine Disposal, Inc.-G-199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling CHECK SHEET All pages contained in this tariff are listed below in consecutive order. The pages in the tariff and/or any supplements to the tariff listed on this page have issue dates that are the same as,or are before,the issue date of this page. "0"in the revision column indicates an original page. Page Current Page Current Page Current Number Revision Number Revision Number Revision Title Page 1 27 0 2 16 28 0 3 0 29 0 4 0 30 0 5 0 31 0 6 2 32 0 7 0 33 0 8 0 34 0 9 0 35 7 10 0 36 0 11 0 37 0 12 0 38 0 13 0 39 0 14 1 40 0 15 0 41 0 16 0 42 0 17 0 43 0 18 0 19 0 20 0 21 0 22 0 23 0 24 0 25 0 26 0 Supplements in Effect Issued By: John Lloyd Issue Date: August 18,2014 EffectivxpiktV10pVga,VSE ONLY (For Official Use Only) Docket: TG-.`43140 A enda Date: September 24, 2014 Docket No.TG- Date: fcctirc Date: October 2, 2014 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No. 3 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Index of Items In This Tariff-see next item for list by topic Item 5 Taxes Item 10 Application of Rates—General Item 15 Holiday Pickup Item 16 Change in Pickup Schedule Item 17 Refunds Item 18 Billing,Advance Billing, Payment Delinquency Dates, Late Charges Item 20 Definitions Item 30 Limitation of Service Item 40 Material Requiring Special Equipment, Precautions,or Disposal Item 45 Material Requiring Special Testing and/or Analysis Item 50 Returned Check Charges Item 51 Restart Fees Item 52 Redelivery Fees Item 60 Overtime Item 70 Return Trips Item 80 Carryout Service,Drive-Ins • Item 90 Can Carriage,Overhead Obstructions,Sunken or Elevated cans/units Item 100 Can/Unit Service,Residential-Residential Curbside Recycling-Residential Yardwaste Service Item 120 Drums Item 130 Litter Receptacles-Litter Toters Item 150 Loose and/or Bulky Material Item 160 Time Rates Item 202 Application of Container and/or Drop Box Rates-General Item 205 Roll-Out Charges-Containers,Automated Carts,and Toters Item 207 Excess Weight-Rejection of Load,Charges to Transport Item 210 Washing and Sanitizing Containers and Drop Boxes Item 220 Compactor Rental Item 230 Disposal Fees Item 240 Container Service-Non-compacted-Company-owned Container Item 245 Container Service-Non-compacted-Customer-owned Container Item 250 Container Service-Compacted-Company-owned Container Item 255 Container Service-Compacted-Customer-owned Container Item 260 Drop Box Service-Non-Compacted-Company-owned drop box Item 265 Drop Box Service-Non-Compacted-Customer-owned drop box Item 270 Drop Box Service-Compacted-Company-owned drop box Item 275 Drop Box Service-Compacted-Customer-owned drop box Item 300 List of Abbreviations and Symbols Used in Tariff Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: i G-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No. 4 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Index by topic Item No Abbreviations used in tariff... .............. 300 Advance billing 18 Animals... . 30 Bales 140 Billing periods authorized 18 Carryout service 80 Commercial can service... ... 245 Compactor rental 220 Container service,compacted,company owned 250 Container service,compacted,customer-owned .. ...................................... .............. 255 Container service,non-compacted,company-owned 240 Container service,non-compacted,customer-owned.... 245 Containers and/or drop boxes,availability 202 Containers and/or drop boxes,general rules 200 Containers and/or drop boxes,washing and sanitizing 210 Credit due the customer.. 17 Damage to customer property.... 30 Definitions 20 Delinquency dates... ,,,,,,,,, 18 Disposal fees... 230 Drive-in service 90 Drop-box service,compacted,company-owned...... ............................................. .............. 270 Drop-box service,compacted,customer-owned........... 275 Drop-box service,non-compacted,company-owned 260 Drop-box service,non-compacted,customer-owned 265 Excess weight,rejection of load,charges to transport ........ 207 Flat monthly charges ... 75 Holidays observed 60 Late charges 18 Limitations of service 30 Litter receptacles 130 Material requiring special disposal 40 Material requiring special equipment 40 Material requiring special precautions 40 Material requiring special testing/analysis...... 45 Continued on next page Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FUR UPPICIAL USE ONLY Docket: 713-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 122006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No. 5 Company Name/Permit Number. Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling index by topic,continued Item No Missed pickups,weather or road conditions 30 Returned checks 50 Overhead obstructions 90 Over-sized units 55 Overtime 60 Over-weight units ..............: 55 Redelivery fees 52 Refund of overcharges .................................. 17 Refund of prepayments 17 Refunds Refusal to make pickup... ............... 30 Residential recycling 100 Residential service 100 Residential yardwaste 100 Return trips ...... 70 Roll-out charges 205 Stairs or steps .. 90 Sunken or elevated cans/units 90 Symbols used In tariff 300 Taxes.. 5 Time rates 160 Continued on next page Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR O*FI IAL WE ONLY • Docket: I 0=061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JAN. 6, 2012 WA. UT. & TRANS. COMM. ORIGINAL TG-120046 Tariff No. 3 2 Revised Page No. 6 Company Name/Permit Number: Sunshine Disposal,Inc.-G-199 B Registered Trade Name(s) d/b/a Sunshine Disposal and Recycling Item 5--Application of Rates--Taxes Entity imposing tax: Ordinance number: Amount of tax: Application(Commodities and territory) City of Liberty Lake 188 3% (R) Solid Waste Issued By: John Lloyd Issue Date: January 6,2012 Effective Date: Ftbu Toritc44L USE ONLY N& TG120046 (For Official Use Only) Agenda Date: February Id, 2012 Docket No.TG- Date: EffJctive Date:February 2d, 2012 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 This page has(C]added wording Tariff No.7 Original Page No. 7 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Registered Trade Name(s) dba Sunshine Disposal and Recycling )tem 10-Application of Rates--General Rates named in this tariff cover the collection,transportation,and disposal of solid waste. When specifically referred to,rates also cover the collection and transportation of recyclable materials and/or yardwaste. Title 81.77 of the Revised Code of Washington(RCW)and Chapter 480-70 of the Washington Administrative Code(WAC)govern operations of solid waste collection companies and the tariffs companies must file with the Washington Utilities and Transportation Commission(WUTC). Unless exceptions are shown,all materials must be placed on the same level as the streets or alleys. The company may charge additional amounts for disposal fees only when specifically stated in the tariff and separately shown on customer bills. )tem 15--Holiday Pickup-•Regularly Scheduled Service When a pickup is missed due to the company's observance of a holiday,the company will provide service, at no additional cost to the customer,on an alternate day. A list of the holidays the company observes is shown in Item 60. For application of rates in this tariff,the company defines alternate day to mean the following: The following business day [C] Item 16--Change in Pickup Schedule • When a company changes the pick-up date for its certificate area,or a portion of its certificate area,the company must notify all customers in the affected area of that change. Notice must be made at least seven days before implementation of a new pickup schedule and may be made via mail,personal contact,or by a notice being affixed to the customer's solid waste receptacle. Issued By: Marc B.Torre • Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR 014FICIAL J JAL USE ONLY Docket: 7 G-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG061142 Tariff No.7 Original Page No. 8 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 17--Refunds Credit due the customer. When there has been a transaction that results in a credit due the customer,the following apply: • (a)If the amount due is five dollars or less,an adjustment will be made to the customers account. The adjustment must be shown on the next regular bill. (b)If the amount due is more than five dollars,the customer may accept an account adjustment or may request a refund. (1)If the customer elects to have an account adjustment made,the adjustment must show on the next regular billing. (2)If the customer elects to receive a refund,the company must issue a check within thirty days of the request. Overcharges. Once a company becomes aware that it has overcharged a customer,it must provide a refund or an account adjustment credit to the customer. The customer must be given a choice as to which option is preferred. The refund or credit must be the amount overcharged in the three years before the date of discovery. (a)If the customer elects to have an account adjustment made,the adjustment must show on the next regular billing. (b)If the customer elects to receive a refund,the company must Issue a check within thirty days of the request. Prepayments. If a customer has paid service fees in advance,service is discontinued during the pre-billed period,and the customer is due a refund,the following apply: (a)A company must honor all requests for refunds of the unused portion of prepayments. (b)If the customer provides a forwarding address to the company or one can be obtained from the Post Office,the company must issue a refund check no more than thirty days following the customers request. (c)If the customer cannot be located or did not provide a forwarding address and the U.S. Post Office cannot furnish a forwarding address,the amount may be presumed to be abandoned and is subject to the Uniform Unclaimed Property Act after one year. Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: Pox Orr]CiArTISE ONLY Docker: Ili-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No. 9 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 18--Billing.Advance Billing,and Payment Delinquency Dates Billing period. A company may bill its customers for one,two,or three months of service. Advance billing and payment delinquency dates. The following chart defines the maximum period allowed for _y'Billing'period`a: =;Maximum advance billing:period allOwedt = Delinquency.date One month's service No advance billing allowed May not be less than (monthly) 21 days after the date the bill Is mailed Two months'service One month's advance billing allowed May not be until the last day of the second month Three months' Two month's advance billing allowed May not be until the service last day of the third month The billing period chosen by the company operating under this tariff for its residential solid waste accounts is: Monthly • Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 • RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No. 10 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 20--Definitions NOTE: The definitions shown on the first three pages of this item are standard,in most cases prescribed by rule. Companies may not emend these definitions,except to fill In blanks for maximum weights of various receptacles.Companies wishing to add definitions specific to their company's operations must include those definitions on a separate page,entitled'Company- specific definitions."A blank sheet is provided for that purpose. Bate: Material compressed by machine and securely tarped or banded. Bulky materials: Empty carriers,cartons,boxes,crates,etc.,or materials offered for disposal,all of which may be readily handled without shoveling. Charge: A set flat fee for performing a service. Or,the result of multiplying a rate for a unit times the number of units transported. Commercial billing: Service billed to a commercial customer or billed to,and paid for,by a property manager or owner rather than a residential tenant. Compactor disconnect) reconnect charge: A flat fee established by the solid waste collection company for the service of disconnecting a compactor from a drop box or container before taking it to be dumped,and then reconnecting the compactor when the drop box or container is returned to the customer's site. Gate charge: A fiat fee charged for opening,unlocking,or closing gates in order to pick up solid waste. Loose material: Material not set out in bags or containers,including materials that must be shoveled. Multi-family residence: Any structure housing two or more dwelling units. Packer: A device or vehicle specially designed to pack loose materials. Pass through fee: A fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown. Permanent service: Container and drop-box service provided at the customer's request for more than 90 days. Rate: A price per unit or per service. A rate is multiplied times the number of units transported or the number of times a service Is performed to determine a charge. Solid waste • receptacle: Includes the following items,with the following meanings: Automated cart means a cart designed to be picked up and emptied by mechanical means. The specific type and size are to be defined in rate items. Continued on next page Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: S ' s r ONLY Docket: iv-06114.2 • Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 This page hasp]added wording in two places Tariff No.7 Original Page No. 11 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 20--Definitions,continued Solid waste receptacle,coned: Can means a receptacle made of durable,corrosion-resistant, nonabsorbent material that is watertight,and has a close-fitting cover and two handles. A can holds more IC] than twenty gallons,but not more than thirty-two gallons. A can may not weigh more than 65 pounds when filled nor more than 12 pounds when empty. Cart means a wheeled plastic container. A cart may also be referred to as a toter. If supplied by a customer,a cart must be compatible with the company's equipment. The size and type of cart that is compatible will be established in each company's tariff. Container means a detachable receptacle(normally designed to hold at least a cubic yard of solid waste)from which materials are collected by mechanically lifting the receptacle and emptying the contents into the company's vehicle. Drop box means a detachable receptacle used to provide solid waste collection service by the receptacle being placed on the company's vehicle by mechanical means and transported to a disposal site. Drum means a metal or plastic container of approximately fifty-five gallon capacity, generally used for oils or solvents. A drum may not weigh more than pounds when filled. Litter receptacle means a container not over sixty-gallon capacity,generally placed in shopping centers and along streets or highways for litter. A litter receptacle may not weigh more than pounds when filled. Micro-min!can means a can made of durable,corrosion-resistant,nonabsorbent material that is watertight and has a close-fitting cover. A micro-mini can may not hold more than ten gallons. A micro-mini can may not weigh more than pounds when filled. Mini-can means a can made of durable,corrosion-resistant,nonabsorbent material (C] that is watertight and has a close-fitting cover. A mini-can may not hold more than twenty gallons. A mini-can may not weigh more than 20 pounds when filled,nor weight to exceed 35 pounds. Recycling bin or container means a bin or container designed or designated for the collection of recyclables. The size and type of recycling bin or container will be established in each company's tariff. Continued on next page Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061 142 • Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM, ORIGINAL TG-061142 This page has[C]added wording in two places. Tariff No.7 Original Page No.12 Company Name/Permit Number. Sunshine Disposal,Inc.-0000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 20--Definitions,continued Solid waste receptacle,cont'd: Toter means a wheeled plastic container. A toter may also be referred to as a cart. If supplied by customer,a toter must be compatible with the company's equipment. The size and type of toter that is compatible will be established in each company's tariff. Unit means a receptacle made of durable,corrosion-resistant,nonabsorbent material, that is watertight,and has a close-fitting cover and two handles. A unit holds more than twenty gallons,but not more than thirty-two gallons or four cubic feet. A unit may not weigh more than 65 pounds when filled,nor more than 12 pounds when empty. [C] Where agreed upon between the company and the customer,and where allowable under local ordinance,a box,carton,cardboard barrel,or other suitable container may be substituted for a solid waste can,for a single pick-up that includes removal of the container,If it meets the size and weight limits established in the company's tariff,as described in the preceding paragraph. (C] Yardwaste bin or container means a bin or container specifically designed or designated for the collection of yardwaste. Each company's tariff will refer to a specific type of yardwaste bin or container to be used in a service area. The type, size,weight,etc.,of this type of bin or container will often be set by local government plans or ordinances. Special pick-up: A pick-up requested by the customer at a time other than the regularly scheduled pick-up time,that requires the special dispatch of a truck. If a special dispatch is required,the company will assess time rates established in the company's tariff,as shown in Item 160. Supplement: A page added to the beginning of a tariff,normally to cover emergency,temporary, or special situations. An example is a page issued to show a special surcharge imposed by a city. Temporary service: Temporary service means providing container or drop-box service at the customer's request,for a period of ninety days or less. Unlatching: Another term for a gate charge. A flat fee imposed by a solid waste collection company when the company's personnel must unlatch a gate or door to perform pickup service. Unlocking: A flat fee imposed by a solid waste collection company when the company's personnel must unlock padlocks or other locking devices to perform pickup services. • Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: M-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 This page has[C]added wording for one company-specific definition. Tariff No.7 Original Page No. 13 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 20--Definitions,continued Company-specific definitions: Compacted Material: Material that has been compressed by any mechanical device [C] either before or after it is placed in the receptacle by the solid waste company. Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) • Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 • Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED SEP. 3, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG-131647 Si TR 9/STI I Tariff No. 3 1 Revised Page No. 14 Company Name/Permit Number: Sunshine Disposal,Inc.-G-199 Registered Trade Name(s) dtb/a Sunshine Disposal and Recycling Item 30--Limitations of Service 1. Schedules. A company's schedule will meet reasonable requirements and will comply with local service level ordinances. 2. Due care. Other than to offer reasonable care,the company assumes no responsibility for articles left on or near solid waste receptacles. 3. Liability for damage. When a customer requests that a company provide service and damage occurs to the customer's driveway due to reasons not in the control of the company, the company will assume no responsibility for the damage. 4. Refusal of service.(Except as set forth in Section 5,Missed service due to unsafe weather conditions road conditions,natural disaster or when government authority restricts access to local roads.) A solid waste collection company may refuse to: • Collect solid waste from points where it is hazardous,unsafe,or dangerous to persons,properly, or equipment to operate vehicles due to the conditions of streets,alleys,or roads. • Drive into private property when,in the company's judgment,driveways or roads are improperly constructed or maintained,do not have adequate turn-arounds,or have other unsafe conditions; or • Enter private property to pick up solid waste while an animal considered or feared to be dangerous is not confined. The customer will be required to confine the animal on service days. 5. Missed service due to unsafe weather conditions,road conditions,natural disaster or when government authority restricts access to local roads. A company is not required to collect solid waste when the company determines that it is unsafe to operate due to weather conditions, road conditions, natural disaster,or when government authority restricts access to local roads.The company will collect on the next scheduled service date on which the company deems it is safe to operate,and will take other reasonable actions to resume or provide alternative service as soon as reasonably practicable. a. The company is not obligated to extend credit to customers for missed service if the company collects the customers'accumulated solid waste on the next scheduled service date on which the company deems it to be safe to operate. The company will not charge for extra waste set out(except provided in Item 207,if applicable)in addition to customers'normal receptacle(s),if the_amount of extra waste does not exceed the amount that reasonably would be expected to accumulate due to missed service. b. If the company does not collect a customer's accumulated solid waste on the next scheduled service date on which the company determines it is safe to operate,the company is required to give a credit,proportionate to the customer's monthly service charge,for all missed service(s). Issued By:John Lloyd Issue Date:September 3,2013 Effective Date:October 28,2013 (For Official Use Only) Docket No.TG- Date: By: I' I ; . E ONLY Docket: TG-;31647 Agenda Date: October 10, 2013 Effective Date: October 28, 2013 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Item 50 has[N]one new charge. Tariff No.7 Original Page No. 15 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B • Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 40--Material Requiring Special Equipment, Precautions.or Disposal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to time rates named in Item 160,or to other specific rates contained In this tariff. Companies must make every effort to be aware of the commodities that require special handling at the disposal sites named in the company's tariffs. The company shall maintain a list of those commodities and make it available for public inspection at the company's office. Item 45--Material Requiring Special Testing and/or Analysis When a solid waste collection company or disposal facility determines that testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present,the actual cost for such testing and/or analysis will be paid by the customer. The company must provide the customer with a copy of any bill or invoice for costs incurred for testing and/or analysis and also must retain a copy in the company's file for at least three years. Those costs shall be passed through to the customer without markup. The company must maintain records of time spent to accomplish the special testing and/or analysis,and may bill the customer for that time under the provisions of Item 160(Time Rates). Item 50--Returned Check Charges Returned Check Charge. If a customer pays with a check,and the customer's bank refuses to honor that check,the customer will be assessed a return check charge in the amount of$25.00. [N] • Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FUR UP'I-'J IAL UJB ONLY Docket: ay-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No. 16 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 51 --Restart Fees Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to time rates named in Item 180,or to other specific rates contained in this tariff. Companies must make every effort to be aware of the commodities that require special handling at the disposal sites named in the company's tariffs. The company shall maintain a list of those commodities and make it available for public inspection at the company's office. When a solid waste collection company or disposal facility determines that testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present,the actual cost for such testing and/or analysis will be paid by the customer. The company must provide the customer with a copy of any bill or invoice for costs incurred for testing and/or analysis and also must retain a copy in the company's file for at least three years. Those costs shall be passed through to the customer without markup. The company must maintain records of time spent to accomplish the special testing and/or analysis,and may bill the customer for that time under the provisions of Item 160(Time.Rates). Item 52--Redelivery Fees Companies assessing redelivery fees must describe when the fees apply,and must state the amount of the fees in this item. Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061 142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Item 60 has[C]added wording In two places and[A]one increase in charge. Tariff No.7 Original Page No.17 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 55--Over-sized or Over-wekiht Cans or Units The company reserves the right to reject pickup of any residential receptacle(can,unit,bag,mini-can,or or micro-mini-can)which,upon reasonable inspection exceeds the size and weight limits shown in Item 20. If the receptacle exceeds the size and/or limits stated in Item 20, is overfilled, or the top is unable to be closed, but the company transports the materials, the following additional charges will apply. $ per NOTE:For charges applying on overweight loters,carts,containers,or drop boxes see item 207. item 60--Overtime Periods Companies will assess additional charges when providing services,at customer request,during overtime periods. Overtime periods include Saturdays,Sundays,and the following holidays: New Year's Day(January 1) Labor Day [C] Memorial Day Thanksgiving Day Independence Day(July 4) Christmas Day(December 25) When a holiday listed above falls on Sunday,the following Monday will be observed. When a holiday listed [C] above falls on Saturday,the preceding Friday shall be the legal holiday. Time is to be recorded to the nearest increment of 15 minutes from the time the company's vehicle leaves the terminal until the time it returns to the terminal. No additional charge will be assessed to customers for overtime or holiday work performed solely for the company's convenience. Charge per hour: $ 65.00 Truck and one driver [A] Minimum charge: $ Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 1 1 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Item 70 has[A]one increase In charge Tariff No.7 Original Page No.18 Company Name/Permit Number: Sunshine Disposal, Inc.-G00019913 Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 70--Return Trips When a company is required to make a return trip,that does not require the special dispatch of a truck, to pick up material that was unavailable for collection for reasons under the control of the customer,the following additional charges, per pickup,will apply: Type of receptacle Rate for Return Trip Can,unit,mini-can,or micro-mini-can .............. $ Drum $ Bale ... $ Litter Receptacle ............. $ Drop Box $ 45.00 [A] Container ............. $ Toter, gallons ............. $ Toter, gallons ... $ Recycling containers .............. $ Other $ Other $ NOTE:Return trips requiring the special dispatch of a truck are considered special pickups and are charged for under the provisions of Item 160(Time Rates). Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: 7G-061142 Agenda Date. 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS, COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No. 19 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 75--Flat Monthly Charges This rule applies in connection with Items 120, 130,240,245,250,255,260,265,270,and 275. A flat monthly charge may be assessed if computed as follows: 1. If weekly service is provided:Multiply the rate times 4.33 and then multiply that figure times the number of units picked up. 2.If every other week service is provided: Multiply the rate times 2.17 and then multiply that figure times the number of units picked up. 3. For Items 240,260,260,and 270:For permanent,regularly scheduled pickups,a flat monthly charge may be assessed if computed as follows: a. For weekly service,each container provided: i. If monthly rent is shown:monthly rent plus(4.33 times pickup rate times number of pickups per week) ii.If monthly rent is not shown: 1st pickup rate plus(3.33 times additional pickup rate) plus(4.33 times additional pickup rate times additional weekly pickups). b. For every-other week service,each container provided: I.If monthly rent is shown:monthly rent plus(2.17 times pickup rate times number of pickups per week) IL If monthly rent is not shown: 1st pickup rate plus(1.17 times additional pickup rate) plus(2.17 times additional pickup rate times additional weekly pickups). • • Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.20 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling item 80—Carry-out Service.Drive-Ins Companies will assess the following additional charges when customers request that company personnel provide Rate Residential Commercial Charge for Carry-outs Per Unit,Per Pickup Per Unit,Per Pickup Cans,units,mini-cans,or micro-mini cans that must be carried out over 5 feet,but not over 25 feet For each additional 25 feet,or fraction of 25 feet,add NOTE: The company may elect to drive in at the rates shown above,except the charge will be limited to one can,unit,mini-can,or micro-mini can. If cans, units,mini-cans,or micro-mini-cans are carried over 125 feet,but are safety accessible to the company's vehicle,the drive-in charges shown below must be assessed instead. Rate Residential Commercial Charge for Drive-ins(per pickup) Per Unit,Per Pickup Per Unit,Per Pickup Drive-in on driveways of over 125 feet, but less than 250 feet Drive-ins on driveways of over 250 feet, but less than 1/10 mile For each 1/10 mile over 1/10 mile NOTE: For the purpose of assessing drive-in fees,a driveway is defined as providing access to a single residence. If a driveway provides access to multiple residences or accounts,no drive-in fees will be assessed. Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT.& TRANS. COMM, ORIGINAL TG-061142 Tariff No.7 Original Page No.21 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 90--Can Carriage--Special Services Rate Residential Commercial Service Per Unit,Per Pickup Per Unit,Per Pickup Stairs or steps--for each step up or down Overhead obstructions—for each overhead obstruction less than 8 feet from the ground Sunken or elevated cans/units--for cans, units,mini-cans,or micro-mini-cans fully or partially underground or over 4 feet above ground,but not involving stairs or steps Issued By: Marc B.Torre Issue Date: July 13,2008 Effective Date: September 1,2008 (For Official Use Only) Docket No.TG- Date: • • By: E ONLY. Docker: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.22 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 100--Residential Service--Monthly Rates(continued on next panel Rates in this item apply: (1)To solid waste collection,curbside recycling(where noted)and yardwaste services(where noted)for residential property. This includes single family dwellings,duplexes,apartments,mobile homes, condominiums,etc.,where service is billed directly to the occupant of each residential unit,and/or (2) When required by a local government service level ordinance,solid waste collection,curbside recycling,and yardwaste service must be provided for single-family dwellings,duplexes,mobile homes, condominiums,and apartment buildings of less than residential units,where service is billed to the property owner or manager. Rates below apply in the following service area: Number of Frequency Garbage Recycle Yardwaste Number of Frequency Garbage Recycle Yardwaste Units or Type of Service Service Service Units or Type of Service Service Service of Containers Service Rate Rate Rate of Containers Service Rate Rate Rate Frequency of Service Codes:WG=Weekly Garbage;EOWG-Every Other Week Garbage;MG=Monthly Garbage;WR=Weekly Recycling EOWR=Every Other Week Recyding;MR=Monthly Recycling;list others used by company: Note 1: Description/rules related to recycling program are shown on page Note 2: Description/rules related to yardwaste program are shown on page Note 3: In addition n to the recycling rates shown above,a recycling debit/credit of$ applies. • Recycling service rates on this page expire on: Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No. 7 Original Page No.23 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling item 100--Residential Service--Monthly Rates(continued from previous pane) Note 4: Customers will be charged for service requested even if fewer units are picked up on a particular trip. No credit will be given for partially filled cans. No credit will be given if customer fails to set receptacles out for collection. Note 5: For customers on automated service routes: The company will assess roll-out charges where, due to circumstances outside the control of the driver,the driver is required to move an automated cart or toter more than feet in order to reach the truck. The charge for this roll-out service is:$ per cart or toter,per pickup. Note 6: The charge for an occasional extra residential bag,can,unit,toter,mini-can,or micro-mini-can on a regular pickup is: Rate per receptacle Type of receptacle per pickup 32-gallon can or unit $ Mini-can $ Micro-minican $ 60-gallon toter $ 90-gallon toter $ Bag $ Other $ Other $ Note 7: Customers may request no more than one pickup per month,on an"on call"basis,at $ per can/unit. Service will be rendered on the normal scheduled pickup day for the area in which the customer resides. Note: If customer requires service to be provided on other than normal scheduled pickup day,rates for special pickups will apply. Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL T&061142 Tariff No.7 Original Page No.24 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 100--Residential Service--Monthly Rates(continued) Curbside recycling provisions shown on this page apply only in the following service area: Following is a description of the recycling program(type of containers,frequency,etc.). Program provided in accordance with Ordinance No. of (name of County or City). Special rules related for recycling program: Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TO- Date: By: FOR OFFi- oAL USE ONLY Docket. TC 061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page.No.25 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 100--Residential Service--Monthly Rates(continued) Yardwaste provisions shown on this page apply only in the following service area: Following is a description of the Yardwaste program(type of containers,frequency,etc.). Program provided in accordance with Ordinance No. of (name of County or City). Special rules related tor yardwaste program: Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1.2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Duc el. TC-961142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.26 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 105--Multi-family Service-Monthly Rates Service Area: z=,. ` k-' �:,__gallons _gallons gallons gallons — � _gallons _other other other ,other Number of Receptacles Frequency of service Initial Delivery Charge Rent Per Day Rent Per Month Pickup Charge (See Notes 1,2&3) Special Pickup Charge • Note 1: The charge included In this rate for recycling is$ .Description/rules related to recycling program are shown on page Note 2: The charge included in this rate for yardwaste is$ . Description/rules related to yardwaste program are shown on page Note 3: Recycling credit/debit(if applicable)included in this rate is:$ Note 4: Customers will be charged for service requested even if fewer units are picked up on a particular trip. No credit will be given for partially filled cans. No credits will be given if customer fails to set receptacles out for collection. Note 5: The charge for an occasional extra residential can,unit,toter,mini-can,or micro-mini-can on a regular pickup is: Rate per receptacle Rate per receptacle Type of receptacle Per pickup Type of receptacle Per pickup 32-gallon can or unit 90-gallon toter Mini-can Other: Micro-mini-can Other. 60-gallon toter Other: Note 6: Customers may request no more than one pickup per month,on an"on call"basis,at $ per can/unit. Service will be rendered on the normal scheduled pickup day for the area in which the customer resides. Note: If customer requires service to be provided on other than normal scheduled pickup day,rates for special pickups will apply. Recycling rates on this page expire: Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date:-September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docict: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.27 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 105--Multi-family Service--Monthly Rates(continued) Curbside recycling provisions shown on this page apply only in the following service area: Following is a description of the recycling program(type of containers,frequency,etc.). Program provided in accordance with Ordinance No. of (name of County or City). Special rules related tor recycling program: Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: TOR OFFICIAL USE ONLY Docket: TC'061142 Agenda Dale: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.28 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 105--Multi-family Service--Monthly Rates(continued) Yardwaste provisions shown on this page apply only In the following service area: Following is a description of the Yardwaste program(type of containers,frequency,etc.). Program provided in accordance with Ordinance No. of (name of County or City). Special rules related tor yardwaste program: Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Dockci: TC i961142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.29 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 120--Drums Type of Service Rate Per Drum, Per Pickup Regular Route Service $ Special Pickup $ Item 130—Litter Receptacles and Litter Toters Customer-owned Receptacle Rate Per Receptacle,Per Pickup Size or Type: $ .Size or Type: $ Company-owned Receptacle: Rate Per Receptacle,Per Pickup Size or Type: $ Size or Type: $ Item 150--Loose and Bulky Material Special Trips: Time rates in Item 160 apply. Regular Route: The following rates apply: Additional cubic Carry Charge 1 to 4 cubic yards yards Minimum Charge Per each 5 ft.over Rate per yard Rate per yard Per Pickup 8 feet Bulky Materials Loose material (customer load) Loose material (company load) Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- • Date: By: FOR OFFICIAL USE ONLY Docket: TG-061 142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Item 160 has[A)four Increases In charges Tariff No.7 Original Page No.30 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 160--Time Rates When time rates apply. Time rates named in this Item apply: (a)When material must be taken to a special site for disposal; (b)When a company's equipment must wait at,or return to,a customer's site to provide scheduled service due to no disability,fault,or negligence on the part of the company. Actual waiting time or time taken in returning to the site will be charged for;or (c)When a customer orders a single,special,or emergency pickup,or when other items in this tariff refer to this Item. How rates are recorded and charged. Time must be recorded and charged for to the nearest increment of 15 minutes:Time rates apply for the period from the time the company's vehicle leaves the company's terminal until it returns to the terminal,excluding interruptions. An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the customer. Examples include: coffee breaks, lunch breaks,breakdown of equipment,and similar occurrences. Disposal fees In addition to time rates. Item 230 disposal fees for the specific disposal site or facility used will apply in addition to time rates. Rates per hour: Rate Per Hour Each Extra Minimum Type of Equipment ordered Truck and Driver Person Charge Single rear drive axle: Non-packer truck.............. ........... $ $ $ Packer truck................................... $ $ $ Drop-box truck............... $ 65.00 [A] $ 42.50 [A] $ Tandem rear drive axle: Non-packer truck... $ $ $ Packer truck.. ........................... $ $ $ Drop-box truck................................ $ 65.00 [A] $ 42.50 [A] $ Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By:FOR OFFICIAL USE ONLY Docket: -G-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.31 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 200--Containers and/or Drop Boxes--General Rules Availability. A company must maintain a supply of all sizes of containers and drop boxes for which rates are listed in this tariff. If a customer requests a container or drop box of a size listed in the company's tariff,and the company is unable to provide the requested size within 7 days of the customer request,the customer must be notified in writing or by telephone. Alternate-sized containers and/or drop boxes. If the company cannot provide the requested-sized container or drop box(and that size is listed in the company's tariff),the company must provide alternate-sized containers or drop boxes,sufficient to meet the capacity originally requested by the customer,at the same rates as would have applied for the requested container or drop box. Disposal fees due on alternate-sized drop boxes. If the company provides alternate-sized drop boxes,the customer is responsible for all lawfully applicable disposal fees resulting from the use of the alternate drop boxes. Rates on partially-filled containers and/or drop boxes. Full pickup and rental rates apply regardless of the amount of waste material in the container or drop box at pickup time. Rates for compacted materials. Rates for compacted material apply only when the material has been compacted before its pickup by the company. Rates for loose material. Loose material dumped into the company's packer truck is subject to the rates for non-compacted material even though the material may be compacted later in the packer truck. Permanent and temporary service. The following rules apply: (a)If a customer requests a container or drop box for less than 90 days,the customer will be billed at temporary service rates. (b)If a temporary service customer notifies the company that it has decided to retain the container or drop box for more than 90 days,permanent service rates will be assessed from the 91st day until the end of the period the customer retains the container or drop box. (c)If a customer requests a container or drop box for more than 90 days,the customer will be billed under permanent rates. If that customer cancels service before the end of the 90-day period,the company may not rebill the customer at temporary service rates. The intent of the customer at the time service was requested applies. Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USF ONLY Docket: TG .961142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.32 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling item 205--Roll-Out Charges--Containers.Automated Carts,and Toters Charges for contalenrs. The company will assess roll-out charges where,due to circumstances outside the control of the driver,the driver is required to move a container more than five feet, but less than 25 feet, in order to reach the truck. The charge for this roll-out service is: $ per container,per pickup Over 25 feet,the charge will be the charge for 25 feet,plus$ per increment of 5 feet. Charges for automated carts or toters. The company will assess roll-out charges where, due to circumstances outside the control of the driver,the driver is required to move an automated cart or toter more than feet in order to reach the truck. The charge for this roll-out service is: $ per cart or toter,per pickup. Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket. TG-361142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Item 207 has added wording in one place. Tariff No.7 Original Page No.33 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 207--Excess Weight--Rejection of Load.Charges to Transport The company reserves the right to reject pickup of any container,stationary packer,or drop box which,upon reasonable inspection: (1)Appears to be overloaded. (2)Would cause applicable vehicle load limitations to be exceeded; (3)Would cause the company to violate load limitations or result in unsafe vehicle operation;and/or (4)Would negatively impact or otherwise damage road surface integrity. For the purposes of this tariff,the following maximum weights apply: Maximum gross vehicle weight of 48,000 pounds. [CJ Type/Size of Maximum Weight Type/Size of Maximum Weight Container,Drop Box, Allowance per Container,Drop Box, Allowance per Toter,or Cart Receptacle(in pounds) Toter,or Cart Receptacle(in pounds) All Drop Boxes 20,000 pounds • Overfilled or overweight,charges if transported. If the container,drop box,toter,or cart exceeds the limits stated above,is filled beyond the marked fill line,or the top Is unable to be dosed,but the company transports the materials,the following additional charges will apply: Type/Size of Type/Size of Container,Drop Box, Container,Drop Box, Toter,or Cart Charge Toter,or Cart Charge $ Per $ Per $ Per $ Per i $ Per $ Per $ Per $ Per $ Per $ Per $ Per $ Per Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 This page contains[C]added wording and[Aj two amounts with increases. Tariff No.7 Original Page No.34 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 210--Washing and Sanitizing Containers and/or Drop Boxes Upon customer request,the company will provide washing and sanitizing service at the following rates: Size or Type of Container or Drop Box Rate All Drop Boxes Per Yd Minimum Charge [C] Washng $ 1.15 $ 23.15 [A] Steam Cleaning $ 3.00 $ 30.88 [CI Sanitizing $ 1.00 $ - [A] Pickup and Delivery Charge: Over 8 Yards $ 42.45 [C] Service to be provided as required by local or state health or solid waste rules,customer [C] request,or at the discretion of the carrier if in the carrier's judgement the container or drop box is in such a condition as to violate said laws. Item 220--Compactor Rental Customers must pay the followiing additional charges for compactors furnished by the company.Charges named are for compactors only and do not include drop box or container charges. See Items 250 and 270 for container charges. Customers must pay the costs of installation. Size or Type of Container or Drop Box Rate Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-06I Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.36 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 245--Container Service--Dumped in Company's Vehicle Non-compacted Material(Customer-owned container) Includes Commercial Can Service Rates stated per container,per pickup Service Area: Size or Type of Container Permanent Service 32 gal can _gal.Tote Yard Yard Yard Yard Yard Each Scheduled Pickup $ $ $ $ $ $ $ Special Pickups $ $ $ $ $ $ $ Temporary Service 3 _ yu �ry.t< { _`: .": :s' ; tz ._,,: i=`;. Pickup Rate $ ($ Is 1$ 1$ Is 1$ Notel: Permanent Service: Service is defined as no less than scheduled,every other week pickup, unless local government requires more frequent service or unless putrescibles are involved. Customer will be charged for service requested,even if fewer containers are serviced on a particular trip. No credit will be given for partially-filled containers. • Accessorial charges assessed(lids,unlocking,unlatching,etc.) Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.37 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 250--Container Service--Dumped in Company's Vehicle Compacted Material(Company-owned container) Rates stated per container, per pickup Service Area: Size or Type of Container Permanent Service Yard Yard Yard Yard Yard Yard Yard Monthly Rent(if applicable) $ $ $ $ $ $ $ First Pickup $ $ $ $ $ $ $ Each Additional Pickup $ $ $ $ $ $ $ Special Pickups $ $ $ $ $ $ $ Temporary Service ?: '-?1,;-.;,; ,.:1... sT .ntl. E'iti`A. 0-45-WW' t>' = ' ry"mo Initial Delivery $ $ $ $ $ $ $ Pickup Rate $ $ $ $ $ $ $ Rent Per Calendar Day $ $ $ $ $ -$ $ Rent Per Month $ $ $ $ $ $ $ Notel: Permanent Service: Service is defined as no less than scheduled,every other week pickup, unless local government requires more frequent service or unless putrescibles are involved. Customer will be charged for service requested,even if fewer containers are serviced on a particular trip. No credit will be given for partially-filled containers. Note 2: Permanent Sesrvice: If rent is shown,the rate for the first pickup and each additional pickup must be the same. If rent is not shown,It is to be included in the rate for the first pickup. Accessorial charges assessed(lids,unlocking,unlatching,etc.) Issued By: Marc B.Torre Issue Date: July 13,2006 . Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Doclrct: TC .961142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.38 Company Name/Permit Number: Sunshine Disposal,Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling item 255--Container Service--Dumped in Comoanys Vehicle Compacted Material(Customer-owned container) Rates stated per container,per pickup Service Area: Size or Type of Container Permanent Service 32 gal can _gal.Tote_Yard Yard Yard Yard Yard Each Scheduled Pickup $ $ $ $ $ $ $ Special Pickups $ $ $ $ $ $ $ Temporary Service • • Pickup Rate $ 1$ 1$ 1$ 1$ 1$ 1$ Note1: Permanent Service: Service is defined as no less than scheduled,every other week pickup, unless local government requires more frequent service or unless putrescibtes are involved. Customer will be charged for service requested,even if fewer containers are serviced on a particular trip. No credit will be given for partially-filled containers. Accessorial charges assessed(lids,unlocking,unlatching,etc.) Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 This page has[A]six lines with increases In each filled-in column,plus(A)an increase In Note 2, and the insertion of Notes 4,5 and 6 with[N]new rates in each. Tariff No.7 Original Page No.39 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 260--Drop Box Service--To Disposal Site and Return Non-Compacted Material(Company-owned container) Rates stated per drop box,per pickup Service Area: See Apppendix A-Permit copy&map Size or Type of Container Permanent Service 20 Yard 25 Yard 30 Yard 40 Yard Monthly Rent(if applicable) $ 55.00 $ 57.90 $ 60.80 $ 74.00 $ $ [Al First Pickup $ 65.00 $ 65.00 $ 65.00 $ 75.00 $ $ [A] Each Additional Pickup $ 65.00 $ 65.00 $ 65.00 $ 75.00 $ $ [A] Special Pickups $ $ $ $ $ $ Temporary Service Initial Delivery $ 40.00 $ - $ 40.00 $ 40.00 $ $ .-, [A] Pickup Rate $ 85.00 $ - $ 95.08 $ 95.08 $ $ [A] Rent Per Calendar Day $ 4.00 $ - $ 4.50 $ 5.00 $ $ [A] Rent Per Month $ $ $ $ $ $ Note 1: Rates in this item are subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles from the point of pickup to the disposal site. Excess miles will be charged for at$4.00 per mile or fraction of a [A] mile. Mileage charge is in addition to all regular charges. Note 3: Permanent Service: (1)Service is defined as no less than scheduled,once a month pickup,unless local government requires more frequent service,or unless putrescibles are involved. (2)If a drop box is retained by a customer for a full month and no pickups are ordered,the monthly rent shall be charged,but no charges will be assessed for pickups. Monthly rental charges will be prorated when a drop box is retained for only a portion of a month. (3)If rent is shown,the rate for the first pickup and each additional pickup must be the same. If rent is not shown,it is to be included in the rate for the first pickup. Accessorial charges assessed(lids,tarping,unlocking,unlatching,etc.): Note 4: A gate or obstruction charge of$10.00(N)will be assessed for opening,unlocking or [N] closing gates,or moving obstructions in order to pick up solid waste. Note 5: A fee of$17.86(N)per month will be added to rent when a lid is required on a drop box. [N] Note 6: A fee of$10.00(N)will be assessed when a customer requires the solid waste company [N] to position lids open after pickup. Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2008 _ (For Official Use Only) Docket No.TG- Date: By:FOR-OFFICIAL WSE ONLY Docket: TG 061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.40 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 265--Drop Box Service—To Disposal Site and Return Non-Compacted Material(Customer-owned container) Rates stated per drop box,per pickup Service Area: Size or Type of Container Permanent Service Yard Yard Yard Yard Yard Yard Yard Each Scheduled Pickup $ $ $ $ $ $ $ Special Pickups $ $ $ Temporary Service •.:t.' �.. '-r.--� -`il�; rY,4:f-+�,.`t".�-,i'T�r t•• ' c7•i:zi<,•t.'.•fti!_ Pickup Rate $ 1$ Is 1$ Is Is 1$ Note1: Rates in this item are subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles from the point of pickup to the disposal site. Excess miles will be charged for at$ per mile or fraction of a mile. Mileage harge is in addition to all regular charges. Note 3: Permanent Service is defined as no less than scheduled,once a month pickup,unless local government ordinances require more frequent service or unles putrescibles are involved. Accessorial charges assessed(lids,unlocking,unlatching,etc.) Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 Tariff No.7 Original Page No.41 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 270--Drop BoxService--To Disposal Site and Return Compacted Material(Company-owned drop box) Rates stated per drop box,per pickup Service Area: Size or Type of Container Permanent Service Yard Yard Yard Yard Yard Yard Yard Monthly Rent(if applicable) $ $ $ $ $ $ $ First Pickup $ $ $ $ $ $ $ Each Additional Pickup $ $ $ $ $ $ $ Special Pickups $ $ $ $ $ $ $ Temporary Service SZ:fir ; `;MWi. Initial Delivery $ $ $ $ $ $ $ Pickup Rate $ $ $ $ $ $ $ Rent Per Calendar Day $ $ $ $ $ $ $ Rent Per Month $ _$ $ $ $ $ $ Notes: Rates in this item are subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles from the point of pickup to the disposal site. Excess miles will be charged for at$ per mile or fraction of a mile. Mileage barge is in addition to all regular charges. Note 3: Permanent Service: (1)Service is defined as no less than scheduled,once a month pickup,unless local government requires more frequent service,or unless putrescibles are involved. (2)If a drop box is retained by a customer for a full month and no pickups are ordered,the monthly rent shall be charged,but no charges will be assessed for pickups. Monthly rental charges will be prorated when a drop box is retained for only a portion of a month. (3)If rent is shown,the rate for the first pickup and each additional pickup must be the same. I If rent is not shown,it is to be included in the rate for the first pickup. Accessorial charges assessed(lids,tarping, unlocking,unlatching,etc.): Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG 061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG-061142 This page has[A]increases to Permanent Service for 20 yard and 30 yard containers with no changes to rates for the 30 yard and 40 yard containers.This page also has[A]an increase to the mileage rate in Note 2,insertion of Note 4 with[N]one new rate,and insertion of Note 5 with[C] changes in wording only with no change to that rate. Tariff No.7 Original Page No.42 Company Name/Permit Number: Sunshine Disposal, inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 275--Drop Box Service--To Disposal Site and Return Compacted Material(Customer-owned container) Rates stated per drop box,per pickup Service Area: See Appendix A-Permit copy and map [A] [A] Size or Type of Container Permanent Service 20 Yard 25 Yard 30 Yard 40 Yard Each Scheduled Pickup $ 112.00 $ 112.00 $ 112.00 $ 135.05 $ $ $ Special Pickups $ $ $ Temporary Service }t•v s iti:Vim_ �.x_'Y"Pickup Rate $;. 1$ I$ 1$ I$ 1$ 1$ Note 1: Rates in this Item are subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles from the point of pickup to the disposal site. Excess miles will be charged for at$4.00 per mile or fraction of a [A] mile. Mileage charge is in addition to all regular charges. Note 3: Permanent Service is defined as no less than scheduled,once a month pickup,unless local government ordinances require more frequent service or unles putrescibies are involved. Accessorial charges assessed(lids,unlocking,unlatching,etc.) Note 4: A gate or obstruction charge of$10.00(N)will be assessed for opening,unlocking or [N] closing gates,or moving obstructions in order to pick up solid waste. Note 5: A compactor disconnect/reconnect charge of$25.00 will be assessed. [C] Issued By: Marc B.Torre Issue Date: July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Dochct: TG 061142 Agenda Date: 08-30-06 Effective Date: 09-01-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM, ORIGINAL TG-061142 Tariff No.7 Original Page No.43 Company Name/Permit Number: Sunshine Disposal, Inc.-G000199 B Registered Trade Name(s) dba Sunshine Disposal and Recycling Item 300--List of Abbreviations and Symbols Used In This Tariff [A]denotes increases [R]denotes decreases [C[denotes changes in wording,resuling in neither increases or decreases [N]denotes new rates,services,or rules ["'j denotes that material previously shown has been deleted Yd.Or yd.Are abbreviations for yard Cu.Or cu.Are abbreviations for cubic Issued By: Marc B.Torre Issue Date July 13,2006 Effective Date: September 1,2006 (For Official Use Only) Docket No.TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG :761142 Agenda Date: 08-30-06 Effective Date: 09-01-06 �.....40 SUNSDIS-01 PRABEY d4W/Wr DATE(MWDD/YYYY) 4...------ CERTIFICATE OF LIABILITY INSURANCE 11/13/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 CONTNAME:ACT Lydia H Scales,ACSR Moloney O'Neill/Alliant Insurance Services Inc PHONE 509 325-3024 FAX 818 W Riverside#800 (A/C,No,Ext): ) (A/C,No):(509)325-1803 E-MAIL Spokane,WA 99201 ADDRESS:iscales@mo-ins.com i INSURER(S)AFFORDING COVERAGE NAIC# , INSURER A:Liberty Northwest Insurance Corp INSURED INSURER B: Sunshine Disposal,Inc INSURER C: 11320 W.McFarlane Rd INSURER D: Airway Heights,WA 99001 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 ADDLTYPE OF INSURANCE IVSD SUER POLICY NUMBER (MPM/DD/YYYYYI (MM/DD//YYYY1 LIMITS Y EXP LTR INSD WVD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X C08170065 09/01/2014 09/01/2015 pREM SEnERa occu ence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JERCOT- X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ A X ANY AUTO C08170065 09/01/2014 09/01/2015 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ - AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ (PerAUTOS accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE C08170065 09/01/2014 09/01/2015 AGGREGATE $ DED X RETENTION$ 10,000 $ WORKERS COMPENSATION J( AND EMPLOYERS'LIABILITY STATUTE ERH Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE NIA C08170065 09/01/2014 09/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley is additional insured(primary and non-contributory)under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. 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. 11707 E Sprague Ave,Suite 103 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 841612 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subiect Paae Blanket Additional Insured (Owners, Lessees or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non-Owned Watercraft 4 Supplementary Payments (Bail Bonds) 4 Personal And Advertising Injury-Electronic Publication Extension 5 Aggregate Limits(Per Location) 5 Aggregate Limits(Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury (Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non-Owned Aircraft 9 Property Damage-Elevators 9 CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 9 E 600 00 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II -Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the"bodily injury,""property damage"or"personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement,that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A-Bodily Injury and Property Damage Liability, Coverage B-Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)that was performed by or on behalf of the additional insured(s)at the site where the covered operations have been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III -Limits Of Insurance of this policy,whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 9 E 601 00 D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense,Claim,or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence"or an offense,that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4.Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and or written a Named Insured has agreed in a written contractagreement torovide the additional provide this policyshall be primaryand we will n noncontributorybasis, a rima a d insured coverage on 9primary not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4.Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an"occurrence"by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I -Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c.through n. do not apply to damage by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III-Limits Of Insurance. B. Paragraph 6.of Section III -Limits Of Insurance is replaced by the following: 6. Subject to 5.above, the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of"property damage"to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion"or sprinkler leakage incident. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 3 of 9 E 602 00 C. Paragraph b.(1)(b)of Condition 4.Other Insurance(Section IV—Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of"insured contract" in Section V-Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an"insured contract"; E. The following definition is added to Section V-Definitions: "Explosion"means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion"does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT Subparagraph g.(2)of Paragraph 2., Exclusions of Section I -Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments -Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from$250 to$1000. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 4 of 9 E 603 00 5. PERSONAL AND ADVERTISING INJURY-ELECTRONIC PUBLICATION EXTENSION and e.of Section V-Definitions are replaced bythe following: Paragraphsd. p 9 14.b., b. Malicious prosecution or abuse of process; d. Oral,written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral,written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14."Personal and Advertising Injury"of Section V-Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any"executive officer"director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I -Coverage B-Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury"arising out of oral, written,televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury"arising out of oral,written,televised,videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations"owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location"means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 5 of 9 E 604 00 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for"loss"to property of others caused by your business operations. The most we will pay for this coverage is$500 each"occurrence." The"loss"must occur during the policy period. The"occurrence"must take place in the"coverage territory". "Loss"means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any"auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of"property damage"to personal property of others while in your or your"employees"care, custody or control or real property of others over which you or your"employees"are exercising physical control if the "property damage"arises out of your business operations. This Coverage is subject to sections B., C., D. and E.below. B. Exclusions This insurance shall not apply to: 1. "Property damage"of property at premises owned, rented, leased, operated or used by you; 2. "Property damage"of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the"property damage"is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage"of property caused by or arising out of the"products-completed operations hazard". C. Limits Of Insurance-The most we will pay for"property damage" under this Section 9. is$25,000 for each"occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of"property damage" is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible-We will not pay for"property damage" in any one"occurrence" until the amount of "property damage"exceeds$250. If the policy to which this endorsement is attached contains a "property damage"deductible, that deductible shall apply if it is greater than$250. E. In the event of"property damage"covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 6 of 9 E 605 00 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II-Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s)attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,CLAIM OR SUIT A. The requirements in Section IV-Conditions, Paragraph 2.a.,that you must see to it that we are notified of an"occurrence"applies only when the"occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV-Conditions Paragraph 2.b.that you must see to it that we receive written notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an"occurrence,"claim or"suit"by the agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or"employee". 12. BODILY INJURY Paragraph 3.of the definition of"bodily injury" in the Section V-Definitions is replaced by the following: 3. "Bodily injury"means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 7 of 9 E 606 00 13.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded,the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d)of Section II -Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1)of Section V-Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or Weight of 1 000pounds or greater; (c) Street cleaning provided that vehicles have a Gross Vehicle g g , 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or"incidental medical malpractice"sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V-Definitions: 23. "Incidental medical malpractice"means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON-OWNED AIRCRAFT The following is added to Subparagraph g.of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew,that is hired, chartered or loaned but is not owned by any insured. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 8 of 9 E 607 00 19. PROPERTY DAMAGE-ELEVATORS The following is added to Subparagraph j.of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability: Paragraphs (3)and (4)of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 9 of 9 E 608 00 SUNSDIS-01 RHAWLEY ACOR®u 0. ------CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 8/25/2015 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 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 Moloney O'Neill/Alliant Insurance Services Inc. 818 W. Riverside, Ste 800 Spokane, WA 99201 CONTACT NAME: PHONE 509 325-3024 FAX (A/c, No, Ext): ( ) (A/c, No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Liberty Northwest Insurance Corporation 41939 INSURED Sunshine Recyclers Inc. 11320 W. McFarlane Rd Airway Heights, WA 99001 INSURER B : Travelers Property Casualty Co of Amer 25674 INSURER C : 09/01/2016 INSURER D : $ 1,000,000 INSURER E : $ 300,000 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN OF INSURANCE ADDL ADDLTYPE INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X C09170065 09/01/2015 09/01/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENt AGGREGATE POLICY OTHER: X LIMIT APPLIES Tar- X PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS ED C09170065 09/01/2015 09/01/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ZUP11R1101615NF 09/01/2015 09/01/2016 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A C09170065 09/01/2015 09/01/2016 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. CERTIFICATE HOLDER CANCELLATION Cityof Spokane ValleyTHE p 11707E Sprague Ave, Suite Spokane Valley, WA 99206 103 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7- a ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II - Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CG 8416 12 03 E 601 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 9 D. As respects the coverage provided to the additional insured under this endorsement, Section IV - Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. E. Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. CG 8416 12 03 E 602 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 9 C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV — Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of "insured contract" in Section V- Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V - Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON -OWNED WATERCRAFT Subparagraph g.(2) of Paragraph 2., Exclusions of Section I - Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments - Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. CG 8416 12 03 E 603 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 9 5. PERSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Section V - Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V - Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any "executive officer" director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 8416 12 03 E 604 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 5 of 9 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for "loss" to property of others caused by your business operations. The most we will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any "auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody or control or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage" of property caused by or arising out of the "products -completed operations hazard". C. Limits Of Insurance - The most we will pay for "property damage" under this Section 9. is $25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of "property damage" is an annual aggregate limit of $25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible - We will not pay for "property damage" in any one "occurrence" until the amount of "property damage" exceeds $250. If the policy to which this endorsement is attached contains a "property damage" deductible, that deductible shall apply if it is greater than $250. E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 8416 12 03 E 605 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 6 of 9 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II - Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV - Conditions, Paragraph 2.a., that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence," claim or "suit" by the agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or "employee". 12. BODILY INJURY Paragraph 3. of the definition of "bodily injury" in the Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8416 12 03 E 606 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 7 of 9 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d) of Section II - Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V - Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or "incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V - Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON -OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section I - Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. CG 8416 12 03 E 60700 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 8 of 9 19. PROPERTY DAMAGE - ELEVATORS The following is added to Subparagraph j. of 2., Exclusions of Section I - Coverage A Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 8416 12 03 E 608 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 9 of 9 SUNSDIS-01 LCALES ACOROT DATE(MM/DD/YYYY) `„------- CERTIFICATE OF LIABILITY INSURANCE 8/10/2016 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 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 CONTACT NAME: Moloney O'Neill/Alliant Insurance Services Inc. PHONE509 325-3024 Fax 818 W.Riverside,Ste 800 IANC,No.Ext):( ) lac,No): Spokane,WA 99201 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Liberty Northwest Insurance Corporation 41939 INSURED INSURER B:Travelers Property Casualty Co of Amer 25674 Sunshine Recyclers Inc. INSURER C: 11320 W.McFarlane Rd INSURER D: Airway Heights,WA 99001 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X C10170065 09/01/2016 09/01/2017 PREM SESO(Ea occTu ante) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X ' ? X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO C10170065 09/01/2016 09/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B X EXCESS LIAB CLAIMS-MADE ZUP11R1101616NF 09/01/2016 09/01/2017 AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A 010170065 09/01/2016 09/01/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley is additional insured(primary and non-contributory)under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. 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. 11707 E Sprague Ave,Suite 103 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD .1 13. COMMERCIAL GENERAL LIABILITY CG 8416 12 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subiect Pane Blanket Additional Insured (Owners, Lessees or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non-Owned Watercraft 4 Supplementary Payments(Bail Bonds) 4 Personal And Advertising Injury-Electronic Publication Extension 5 Aggregate Limits(Per Location) 5 Aggregate Limits (Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury(Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non-Owned Aircraft 9 Property Damage-Elevators 9 CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 9 E 600 00 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II-Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the"bodily injury,""property damage"or"personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A -Bodily Injury and Property Damage Liability, Coverage B-Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)that was performed by or on behalf of the additional insured(s)at the site where the covered operations have been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III -Limits Of Insurance of this policy,whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 9 E 601 00 4- D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence,Offense,Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence"or an offense, that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4.Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4.Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an"occurrence"by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I -Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c.through n. do not apply to damage by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III-Limits Of Insurance. B. Paragraph 6.of Section III -Limits Of Insurance is replaced by the following: 6. Subject to 5.above, the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of"property damage"to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion"or sprinkler leakage incident. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 3 of 9 E 602 00 C. Paragraph b.(1)(b) of Condition 4.Other Insurance(Section IV—Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of"insured contract"in Section V-Definitions is replaced by the following: 9. "Insured contract"means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V-Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion"does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT Subparagraph g.(2)of Paragraph 2., Exclusions of Section I -Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments-Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from$250 to$1000. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 4 of 9 E 603 00 5. PERSONAL AND ADVERTISING INJURY-ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b.,d.and e.of Section V-Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral,written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral,written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury"of Section V-Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any"executive officer"director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I -Coverage B-Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations"owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 5 of 9 E 604 00 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request,we will pay for"loss"to property of others caused by your business operations. The most we will pay for this coverage is$500 each "occurrence." The"loss"must occur during the policy period. The"occurrence" must take place in the"coverage territory". "Loss"means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any"auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of"property damage"to personal property of others while in your or your"employees"care, custody or control or real property of others over which you or your"employees"are exercising physical control if the "property damage"arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage"of property at premises owned, rented, leased, operated or used by you; 2. "Property damage"of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the"property damage"is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage"of property caused by or arising out of the"products-completed operations hazard". C. Limits Of Insurance-The most we will pay for"property damage" under this.Section 9. is$25,000 for each"occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of"property damage" is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible-We will not pay for"property damage" in any one"occurrence" until the amount of "property damage"exceeds$250. If the policy to which this endorsement is attached contains a "property damage"deductible,that deductible shall apply if it is greater than $250. E. In the event of"property damage"covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 6 of 9 E 605 00 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II-Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV-Conditions, Paragraph 2.a.,that you must see to it that we are notified of an"occurrence"applies only when the"occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV-Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an"occurrence,"claim or"suit"by the agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or"employee". 12. BODILY INJURY Paragraph 3.of the definition of"bodily injury" in the Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 7 of 9 E 606 00 13.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded,the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d)of Section II -Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1)of Section V-Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3.of Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or"incidental medical malpractice"sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V-Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON-OWNED AIRCRAFT The followingis added to Subparagraph of Exclusions of Section I -Coverage A BodilyInjury g. 2., 9 1 rY And Property Damage Liability: (6) An aircraft with a paid crew,that is hired, chartered or loaned but is not owned by any insured. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 8 of 9 E 607 00 19. PROPERTY DAMAGE-ELEVATORS The following is added to Subparagraph j.of 2., Exclusions of Section I-Coverage A Bodily Injury And Property Damage Liability: Paragraphs(3)and (4)of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 9 of 9 E 608 00 �-, SUNSDIS-01 BHATCH d4 R,Cr CERTIFICATE OF LIABILITY INSURANCE DATE A E(MM/ 017m 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 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 CONTACT NAME: Alliant Insurance Services Inc. PHONE509 325-3024 FAX 818 W.Riverside Ave,Ste 800 (NC.No.Ext): ) (A/C,No): Spokane,WA 99201 A E-MADRIESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Northwest Insurance Corporation 41939 INSURED INSURER B: Sunshine Recyclers Inc. INSURER C: 11320 W.McFarlane Rd INSURER D: Airway Heights,WA 99001 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 EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X C11170065 09/01/2017 09/01/2018 PREM ES( RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEC X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO C11170065 09/01/2017 09/01/2018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) _ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS-MADE C11170065 09/01/2017 09/01/2018 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A C11170065 09/01/2017 09/01/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If es,describe under 1,000,000 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 is additional insured(primary and non-contributory)under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. 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. 11707 E Sprague Ave,Suite 103 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD C11-17-00-65 COMMERCIAL GENERAL LIABILITY SUNSHINE DISPOSAL INC 09/01/17 CG 841612 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION . • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • INDEX • Su�b'ect Pag • Blanket Additional Insured (Owners, Lessees or Contractors) •2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non-Owned Watercraft 4 Supplementary Payments (Bail Bonds) 4 Personal And Advertising Injury - Electronic Publication Extension 5 Aggregate Limits (Per Location) 5 Aggregate Limits (Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 •Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury (Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non-Owned Aircraftg • Property Damage- Elevators 9 • CG 841612 03 Includes copyrighted material of ISO Properties, Inc.,with its permission. Page 1 of 9 . es0000 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II -Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or"personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. • The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A-Bodily Injury and Property Damage Liability, Coverage B-Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any • professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project B. The limits of insurance applicable to the additional insured are those specified m a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section iII -Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. • • C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. • • CG 841612 03 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 9 �$01 cc • • D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: • An additional insured under this endorsement will as soon as practicable:. a. Give written notice of an 'occurrence" or an offense, that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to aft insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4.. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has meed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage • provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available far an "occurrence by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2 FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I-Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III -Limits Of Insurance. B. Paragraph 6. of Section III -Limits Of Insurance is replaced by the following: • 6. Subject to 6. above, the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A far damages because of"property damage" to premises rented to you or temporarily occupied by you.with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. • CG 8416 12 03 Includes copyrighted material d ISO Properties, Inc.,with its permission. Page 3 of 9 E 602 OD C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV —Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a: of the definition of"insured contract" in Section V- Definitions is replaced by the following: 9. Insured contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, ^explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V-Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a•noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. • ^Explosion" does not include any of the following: 1. Artificialy generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; • 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT • Subparagraph g.(2) of Paragraph 2., Exclusions of Section I-Coverage A is replaced by the following: - (2) A watercraft you do not own that is: (a) Less than 51 feet long; and - (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments -Coverages A and B provision: The limit for the cost of bail bonds In Paragraph 1.b. is changed from $250 to $1000. • • CG 841612 03 includes copyrighted material d iso Properties, Inc.,with ks permission. Page 4 of 9 560300 5. PERSONAL AND ADVERTISING INJURY -ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d, and-e. of Section V-Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V-Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any "executive officer"director, stockholder, partner or member Cl the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I-Coverage B-Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your. "locations" owned by or rented to you or temporally occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is . interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. • CG 841612 03 Includes copyrighted material of ISO Properties, Inc.,with is permission Page 5 of 9 E60400 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for"loss"to property of others caused by your business operations. The most we will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any "auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of"property damage" to personal property of others while In your or your"employees" care, custody or control or real property of others over which you or your"employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property_damage" of property caused by or arising out of the "products-completed operations hazard". C. Limits Of Insurance _The most we will pay for"property damage" under this Section 9. is $25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of"property damage" is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible -We will not pay for"property damage" in any one "occurrence" until the amount of "property damage" exceeds $250. if the policy to which this endorsement is attached contains a "property damage" deductible, that deductible shall apply if it is greater than $250. E. In the event of^property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 841612 03 Includes copyrighted material cf ISO Properties, Inc.,with its permission. Page 6 of 9 E W5 10. NEWLY FORNED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section I -Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury" or"property damage"that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Pat or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements Nt Section IV -Conditions, Paragraph 2.a., that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4, An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV -Conditions Paragraph 2.b. that you must see to it that v.e receive written notice of a claim or"suit" will not be considered breached unless the breath occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence," claim or"suit" by the agent, servant or"employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or"employee". 12. BODILY INJURY Paragraph 3. of the definition of "bodily injury" in the Section V-Definitions is replaced by the following: • 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 841612 03 Includes copyrighted material of ISO Properties, Inc., with ics permission. Page 7 of 9 E 606 co 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires.you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of. A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d).of Section II -Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V-Definitions is replaced by the following: (1) Equipment designed primarily for (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V-Definitions is replaced by-the following: 3. "Bodily injury" means bodily injury, sickness, disease or Incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V-Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who_is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON-OWNED AIRCRAFT • The following is added to Subparagraph g. of 2., Exclusions of Section I-Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. • • CG 841612 03 includes copyrighted material d ISO Properties, Inc.,with its permission. Page 8 of 9 E60700 19. PROPERTY DAMAGE-ELEVATORS The following is added to Subparagraph j. of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. • • • • • • • • • • • • • CG 8416 12 03 Includes copyrighted material d ISO Properties, Inc.,with its permission. Page 9 of 9 E 60030 SUNSDIS-01LPARISOT DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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). CONTACT PRODUCER NAME: Alliant Insurance Services, Inc. PHONEFAX (509) 325-3024(509) 325-1803 (A/C, No, Ext):(A/C, No): 818 W Riverside Ave Ste 800 E-MAIL Spokane, WA 99201 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # West American Insurance Company44393 INSURER A : Ohio Security Insurance Company24082 INSURED INSURER B : Ohio Casualty Insurance Company24074 Sunshine Disposal, Inc INSURER C : PO Box 13369 10172 Westchester Surplus Lines Insurance Company INSURER D : Spokane Valley, WA 99213-3369 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 1,000,000 DAMAGE TO RENTED X BKW588197069/1/20199/1/2020 CLAIMS-MADEOCCUR X $ PREMISES (Ea occurrence) 15,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 XX PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ B 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) X BAS588197069/1/20199/1/2020 ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ C 10,000,000 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ USO588197069/1/20199/1/2020 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ A PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N BKW588197069/1/20199/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ D Pollution LiabilityG4687884A0013/15/20183/15/2019 Aggregate5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City per form attached. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave, Suite 103 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT2 NON-OWNED WATERCRAFT2 PROPERTY DAMAGE LIABILITY ELEVATORS2 2 MEDICAL PAYMENTS EXTENSION3 EXTENSION OF SUPPLEMENTARY PAYMENTS COVERAGES A AND B3 ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT3 PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS 6 WHO IS AN INSURED INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED 6 FELLOW EMPLOYEE EXTENSION MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT7 LIBERALIZATION CLAUSE7 BODILY INJURY REDEFINED7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 1 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT 2. ExclusionsSection I Coverage A - Bodily Injury And Property Damage Liability, Under Paragraph of g. Aircraft, Auto Or Watercraft exclusion does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT 2. ExclusionsSection I Coverage A Bodily Injury And Property Damage Liability, Under Paragraph of (2)g. Aircraft, Auto Or Watercraft Subparagraph of exclusion is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY ELEVATORS 1.2. ExclusionsSection I Coverage A Bodily Injury And Property Damage Under Paragraph of Liability,(3), (4)(6)j. DamageTo Property Subparagraphs and of exclusion do not apply if such For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2.Section IV Commercial General Liability Conditions, 4. Other The following is added to Condition Insurance, b. Excess Insurance: Paragraph The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1.2. Exclusions ofSection I - Coverage A - Bodily Injury and Property Damage Under Paragraph Liability: a.j. Damage To Property The fourth from the last paragraph of exclusion is replaced by the following: (1),(3) (4) Paragraphs and of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. (1),(3) (4) Paragraphs and of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. Section III Limits of A separate limit of insurance applies to this coverage as described in Insurance . © 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 2 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b.2. Exclusions The last paragraph of subsection is replaced by the following: c.n. Exclusions through do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Section III Limits Of Insurance. Rented To You as described in 2.6.Section III Limits Of Insurance Paragraph under is replaced by the following: 6.5. Subject to Paragraph above, the Damage To Premises Rented To You Limit is the most we will A pay under Coverage for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3.D. EXTENDED DAMAGE TO PROPERTY RENTED TO As regards coverage provided by this provision YOU (Tenant's Property Damage) - 9.a.Definitions Paragraph of is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E.MEDICAL PAYMENTS EXTENSION Coverage C Medical Payments If is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: 1.Insuring AgreementSection I Coverage C Medical Payments, Under Paragraph of (b)a. Subparagraph of Paragraph is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F.EXTENSION OF SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1.Supplementary Payments Coverages A B,1.b. Under and Paragraph is replaced by the following: b.$3,000 Up to for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2.1.d Paragraph . is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or $500 a day because of time off from work. G.ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1.2.Section II Who Is An Insured Paragraph under is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 3 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not subdivision; (2) (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 1.a. With respect to Paragraph nal insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises hasbeen put to its intended use by any person or organization other than anothercontractor or subcontractor engaged in performing operations for a principal as a part of the same project. 1.b. With respect to Paragraph endorsement ends when their written contract or written agreement with you for such premises or facilities ends. 1.c. With respects to Paragraph the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we rece b.2. Duties In the Event Of Occurrence, by the additional insured as required in Paragraph of Condition Offense, Claim Or SuitSection IV Commercial General Liability Conditions. under © 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 4 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph ExclusionsSection I - Coverage A - Bodily Injury And Property Damage Liability: under This insurance does not apply to: a. b. cing operations at the c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the ca surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS by a separate endorsement issued by us and made a part of this policy. 3.Section III With respect to the insurance afforded to these additional insureds, the following is added to Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 4. Other Insuranceof SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Condition is amended as follows: a. a. Primary Insurance: The following is added to Paragraph If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 5 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. b. Excess Insurance: The following is added to Paragraph When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I.ADDITIONAL INSUREDS - This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1.2. Duties In The Event Of Occurrence, Offense, Claim or Suit: The following is added to Condition An additional insured under this endorsement will as soon as practicable: a. insurance to us; b. Tender the defen available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not . in addition to the limits of insurance available under this policy J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 2.a.(1)Section II - Who Is An Insured Paragraph of is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a (1) (a) consequence of Paragraph above; (c) For which there is any obligation to share damages with or repay someone else who must pay (1) (a)(b) damages because of the injury described in Paragraphs or above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care (d) services is not otherwise excluded by separate endorsement, this provision (Paragraph ) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 6 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a)(b) Paragraphs and of their willful conduct, which is defi J. The coverage provided by provision is excess over any other valid and collectable insurance available to your K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 3.Section II Who Is An Insured Paragraph of - is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b.A Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.B Coverage does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L.FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Section IV Commercial General Liability Conditions,6. Under the following is added to Condition Representations: shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV Commercial General Liability Conditions,2. Duties In Under the following is added to Condition The Event of Occurrence, Offense, Claim Or Suit: 1. shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph of Section II Who Is An Insured or a person who has been designated by them to receive reports of N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O.BODILY INJURY REDEFINED Section V Definitions,3. Under Definition is replaced by the following: 3. anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 7 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. P.EXTENDED PROPERTY DAMAGE Exclusion a. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY ofis replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This use of reasonable force to protect persons or property. Q.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Section IV Commercial General Liability Conditions,8.Transfer Under the following is added to Condition Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 8 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission.