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14-084.06 Sunshine Disposal & Recycling: B&O Tax RevisionCONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SUNSHINE DISPOSAL AND RECYCLING, INC. Spokane Valley Contract #14-084.06 WHEREAS, the City of Spokane Valley (City) and Sunshine Disposal and Recycling, Inc. (Contractor) (collectively the "Parties") have entered into the Comprehensive Solid Waste Transfer, Transport and Disposal Services Contract, executed and effective June 4, 2014, and which terminates on December 31, 2024 (the "Agreement"); and WHEREAS, the Washington State Legislature passed ESSB 6492, which amended RCW 82.04.290 to increase the business and occupation tax from 1.5% to 1.75%, effective April 1, 2020; and WHEREAS, pursuant to Section 5.3(B) of the Agreement, Contractor may seek to adjust rates to address increases in costs due to changes in State taxes; and WHEREAS, the Parties desire to amend the Agreement to incorporate the increase in the business and occupation tax into the rates paid by customers. NOW THEREFORE, for good and valuable consideration, the legal sufficiency of which is hereby acknowledged, the Parties mutually agree as follows: 1.Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Contract and any amendments thereto which are not specifically modified by this Amendment. All terms herein shall have the meanings set forth in the Agreement. 2. Amendment Provisions: The Parties hereby agree to amend the Contract by replacing the rates provided in the City letter to Sunshine 201912020 Solid Waste Transfer, Transport, and Disposal Rates, Contract 14.084.05 effective December 1, 2019, dated November 4, 2019 with the following rates. Such rates shall be effective as of April 1, 2020. • Service Fee: $102.23 per ton + $1.17 (administrative fee) = $103.40 per ton ($107.12 per ton including the 3.6% refuse tax) • Service Fee minimum = $15.91 ($16.48 including the 3.6% refuse tax) (up to 320 pounds per trip) • Organics Fee: $55.55 per ton • Organic Fee minimum: $11.10 Note - Refuse tax of 3.6% does not apply to yard waste. 3u,l The Parties have executed this Amendment to the Contract this cZ�J day ofQ, 2020. CITY OF SPOKANE VALLEY: Aw- ark Calhoun City Manager ATTEST: Christine Bainbridge, City Clerk 4CONT OR: A - cs -r-e Its: Authorized Representative APPRO AS TO FORM: Office ithe City Attorney Exhibit A: Calculations of Contractor Rates Effective as of April 1, 2020 Sunshine Disposal & Recycling Rate Update for 4-1-2020 B&O Rate Change .25% Current B&O New With Rates Incr Rate 3.6 %Tax MSW Per Ton 103.14 0.26 103.40 107.12 Minimum 15.87 0.04 15.91 16.48 Organics Per Ton 55.41 0.14 55.55 55.55 Minimum 11.07 0.03 11.10 11.10 2 MII'k91Ri81&.31Til LPARISOT i ACORO` CERTIFICATE OF LIABILITY INSURANCE Ilk� DATE(MMIDD/YYYY) 1 11/6/2019 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). PRODUCER CONTACT AX A/c°°,"N, Ext : (509 325-3024 AIC ) 325-1803 ) Ivc, No):(509 Alliant Insurance Services, Inc. 818 W Riverside Ave Ste 800 Spokane, WA 99201 E-MAIL INSURERS AFFORDING COVERAGE NAIC # INSURER A: West American Insurance CompanV 44393 INSURED INSURER B: Ohio Security Insurance Company 24082 INSURER c:Ohio Casualty Insurance Company 24074 Sunshine Disposal, Inc; Sunshine Recyciers Inc. INSURER D: Evanston Insurance Company 35378 PO Box 13369 Spokane Valley, WA 99213-3369 INSURER E INSURER F 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. I iNso TYPE OF INSURANCE IADDLISUBRI POLICY NUMBER I POLICY EFF I POLICY EXP I LIMITS ..- - /MM/nn/ IMMInnI % A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X BKW58819706 9/1/2019 9/1/2020 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED S 1,000,000 MED EXP (Any oneperson) S 15,000 PERSONAL& ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [X JECT ❑X LOC OTHER: GENERALAGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 S B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY BAS58819706 9/1/2019 9/1/2020 COMBINED SINGLE LIMIT S 1,000,000 X BODILY INJURY Perperson] S BODILY INJURY Per accident S rAOacEciRdent AMAGE S S C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE US068819706 9/1/2019 9/1/2020 EACH OCCURRENCE S 10,000,000 AGGREGATE S 10,000,000 DED X RETENTIONS 10,000 S A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY OFFICEOPRIET R PPARTNER/EEXCLUDEDECUTIVE Y (Mandatory In NH) It es,descnbeunda DESCRIPTION OF OPERATIONS below N / A BKW68819706 9/1/2019 9/1/2020 PER OTH- STATUTE ES E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEd S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 D D Pollution Liability Pollution Liability ICPLMOL100244 CPLMOL100244 3/15/2019 3/15/2019 3/15/2021 3/15/2021 Each Condition Aggregate 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES IACORD 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 perform attached. City of Spokane Valley 11707 E Sprague Ave, Suite 103 Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 01988-2015 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 AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 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 ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 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 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft 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 Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft 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. Under Paragraph 2. Exclusions of Section 1— Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. 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. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: 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 (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) 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. Paragraphs (1), (3) and (4) 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. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. 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 Rented To You as described in Section III — Limits Of Insurance. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A 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. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions 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 If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. 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 Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 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. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured 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 for "bodily injury", "property damage" or "personal and advertising injury' caused in whole or in part by: 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 written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 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 apply to "bodily injury', "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (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: The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. With respect to Paragraph 1.a. above, a person's or organization's status as an additional 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 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. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after 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 receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section] - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 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 supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or 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 by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — 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. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: 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 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: 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. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 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: 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. 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. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured 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 consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) 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 services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured 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. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B 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 Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". 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 Under Section V — Definitions, Definition 3. is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental 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 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the 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 Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer 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 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 I y -oSq SUNSDIS-01 LPAR ACO�RO CERTIFICATE OF LIABILITY INSURANCE IIIATE 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 cerdficste holler is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. f< 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 haaTnAdCoTrsemen s . PRODUCER WIME Allant Insurance Services, Inc. PHONE FAX 818 W Riverside Ave Ste $00 ym, No. E1M: (509) 325-3024 arc. NoY009) 325.1503 Spokane, WA 29201 was: INSURED Sunshine Disposal, Inc; Sunshine Recyclers Inc. PO Box 13369 Spokane Valley, WA 99213-3369 INSURER(S) AFFORDING COVERAGE NAIL e INSURER A; Pioneer Specialty Insurance Company 40312 ( mmm s : Tok)o Marine SpeclaHy btsurance Company .23830 WSURER C : RISURER O : INSURER E : PnUCOAP_CC PCOTICWATC U"UDCO. caum nu u111SUPP. 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. IN" TYPE OF INSURANCEADOLiuSIR POLICY NUMBER POLICY 1OF POLICY wd, Lim LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE i 110001000 CLAIMS -MADE X OCCUR CPP1245956 9/1/2023 9/1/2024 X oAMAc.Ero Nri ° PREMISES..(Eaa_exrmnoel . _ 1,000,000 NED EXP (My one person) S 10,000 PERSONAL SADV INJURY S 1,000.000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE i 2,000,000 POLICY X JECT X LOC PRODUCTS.. COMPIOP AGG , S 2,000,000 TH R: A SINGLE LIMIT 1,000,000 AUTOMOBILE Ei�+COMBINED (t1 _...._.. S X ANY AUTO CPP1241445 9/1/2023 911/2024 BODILY INJURY (Par P—) , S_ OWNED SCHEDULED AUTOS ONLY AUTOS BOtODIPLY INJURY (PN �ocidant), f _- AUTOS L� EiWOIM E S . ONLY AAURMlpo . A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESSL(AS CLAIM64AADE UMB1041609 9/1/2023 9/1/2024 AGGREGATE S 3,000,000 DEC) X RETENTIONS 10,000 A w PER STTATLEM ER AND EMPLOYE LIAwT% YIN CPP1245956 2/112023 9/1/2024 . 1'060,000 ANY PROPRETO�xART CUTNE N/A E.L. EACH ACCIDENT .1i ... _ R�AEMBER 9f= In rain E.L. DISEASE -EA EMPLOYEE S 1,000.000 d • desobe uxly IE.L. DISEASE - I LIMB 1,000,000 B Pollution LRIPTIONiability PPK2529178 3115/2023 3115(2024 Occurrence 5,000,000 B Pollution Liability PPK2529178 3/15/2023 3115/2024 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ((ACOR0101. Addleanal Ramalb eahaduM. may be aeaeM , a mae apes M Poky 0: 4389470. Term: 9/1/2021 to 9/112022, Carrfsr: GuldeOne Nations! Insurance Co. Limits: $4.000,000 XS $3.000.000 Excess City of Spokane Valley is additlona! Insured (primary and noncontributory) under General Liability with respect for ongoing operations performed for the City Par form attached. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EX]PIRATION DATE THEREOF, ACCORDANCE WITH THE POLICY PROVISIONS.NOTICE WILL BE DELIVERED lid 11707 E Sprsgus Ave, Sun* 103 Spokane Valley, WA 99206 AUTHOR® RE/REeENTATIVE (i/;�� C4— ACORD 25 (2016103) ® Tliae TUT7 AcvnaAI G%JPVr PKA 11VN- nrl norlrs reservw. The ACORD name and logo are registered marks of ACORD M.ERCHANTS� BONDING COMPANY., MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES. IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 PERFORMANCE BOND Annual — Cancelable Form Bond No. WAC48217 KNOW ALL BY THESE PRESENTS, That we Sunshine Recyclers. Inc. DBA Sunshine Disposal and Recycling , as Principal, and Merchants Bonding Company (Mutual) , of Iowa , authorized to do business in the as burely, are nold and firmlybound Unto as Obligee. In the maximum penal sum of One Million and 00/100 Dollars ($1,000,000.00 ), lawful money of the Unitedes of America, for which payment well and truly to be made we n , our eirs, executors and assigns, Jointly and severally, firmly by this Surety Bond. WHEREAS, the Principal has entered, or Is about to enter, into a written agreement with the Obligee to perform in accordance with the !arms and conditions of the 07366 Contract (hereinafter referred to as the Contract), said tract Is hereby reforred to and made a part , NOW, THEFZEFOFM the condition of this obligation is such that if the above named Principal, Its successors and assigns, shall wall and truly perform its obligations as set forth In the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond Is subject to the folowirg expresscondtions: 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of June 15th 2023 to June 15th. 2024 The Bond may be extended, atthe sole option of the Surety, by continuation ce cate for additional periods from the expiry date hereof. However, neither: (a) the Surety a dechdo not to Issue a continuation certificate, nor I . the latiure or inability of the Principal to fib a replacement bond or other security in the event the Surety exercises its right to not renew or cancel this Bond (pursuant to paragraph 2 below] shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2. This Bond may be canceled at any time upon thirty (30) days advance written notice from the Surety to the Obligee. 3. The above referenced Contract has a term ending June 15th, 2024 Regardless of the number of years this Bond is In force or the number of continuation certificates Issued, this Bond shall have the final and definite expiration date of June 15th, 2024 , unless earlier ronrenewed or canceled pursuant to paragraph 1 or 2 above. 4. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this Instrument unless such claim, action, suit or proceeding Is brought or instituted upon the Surety within one year from irtrminadon or expiration of tine bond term. 6 Regardless of the number of years thle Bond le in force or the number of continuation cerdfleatee ieaued, the liability of the Surety shall not be cum ulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 6. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry data of this Bond. SuretyAddrsw Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, Iowa 50306-3498 Alin: Claims Department 7. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond an as described In the underlying Contract, then the berms of this Bond shall prevail. SIGNED, SEALED AND DATED this _day of June 2023 Suunnnshinc Rccycicrs, fna DBA §umhinc Disposal and Reo� , Principal Merchants Bonding Company (Mutual) EV- J4E'h ==taa ennifer Martinez Ibarra . Aton1ey4n-Fact CON 0672 (8/18) .M.ERCHANTS BONDING COMPANY.. POWER OF ATTORNEY Know All Pennons By These Presents. that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being oorporations of the State of Iowa, dlb/a Merchants National Indemnity Company (In CatiforMs only) (herein collectively called the 'Companles') do hereby make, constitute and appoint, Individually, AiU Palmer, Jaclyn R Kruse; Jennifer Martinez Ibarra; Madison Czarepate; Mdwa Wolff Michael Button; Thames Denison their true and lawful Atlomey(s)-IrWact, to sign Its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments In the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of person, guaranteeing the performance of contacts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. This Power-ofAttomey is granted and Is signed and sealed by facsimile under and by authority of the following By -taws adopted by the Board of Dkeclors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantssNational Bonding, Ino., on October 16, 2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -In -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizanoes, contracts of indemnity and other writings obligatory in the nature thereof.' 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the some force and effect as though manually, ilxed.' In connection with obligations In favor of the Florida Department of Transportation only, it Is agreed that the power and aut hority hereby given to the Attorney -In -Fact Imchtdes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by to State of Florida Department of Transportation. It is Duly understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under Its bond. In connection with obligation In favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given to the Attorney -in -Fad cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 22nd day of May .2023 . • %* MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dfbh MERCHANTS NATIONAL INDEMNITY COMPANY By /-VI Prasla►ant ` STATE OFKYWA -"- Si .:� '•• •• COUNTY OF DALLAS sa ••"1•8'..� • • • • • On this 22nd day of May 2023 before me appeared Larry Taylor, to me personally known. Who being by me duty swom did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seeks of the Companies; and that the saki instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. � ' Cami.:utN.hia7�131 JV §�Nblaiy PudNc (Expiration of notary's commission does not Invalidate this Instrument) I. William Warner. Jr.. Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Comparhiea.which is still in full force and effect and has not been amended or revolted. In Witness Whereof, ) have hereunto set my hand and affixed the seal of the Companies an this 2nd day of June - 2023 I►p�iP' !� • ii/ -e- Ila ' : ,YC: Secretary W. POA 0018 (10/22) I y - 0�_,9 SUNSDIS-01 LPARIS A ORO CERTIFICATE OF LIABILITY INSURANCE DATE 813012024YY) 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). I CONTACT PRODUCER NAME: _._._. Alliant Insurance Services, Inc. i AI/° No, Ext 509 325-3024 I FAX 509 325-1803 818 W Riverside Ave Ste 800 1 ) ( ) (A/c, No):( ) — Spokane, WA 99201 1-E-MAIL INSURER(q]LA-FFORDING COVERAGE — __- NAIC # _ I INSURER A: Pioneer SpecialtyInsurance Company 40312 INSURED INSURERs;Tokio Marine Specialty Insurance Company 23850 Sunshine Disposal, Inc; Sunshine Recyclers Inc. INSURERC: _ _ PO Box 13369 INSURER D: Spokane Valley, WA 99213-3369 -- -- INSURER E : —.— INSURER F: DMIl Cirlki KIIIMRFR• V 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. II T R TYPE OF INSURANCE IADDLNSD WVD OLICY NUMBER POLICY EFF INSp /DDfYYYY1 POLICY EXP LIMITS MMIDD A 1 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X OCCUR CPP1245956 9/1/2024 X 9/1/2025 DAMAGE TO RENTED PR_EMISE-SAEwa&S�m.n.. e) $ 1�000,QQQ _ 1 MED EXP (_Any one person) $ 10,000 _.. 1,000,000 PERSONAL & ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 jPOLICY X JE 0 LX LOC OTHER: A COMBINED SINGLE LIMIT 1,00 AUTOMOBILE LIABILITY Ea accident)____— $ i X ANY AUTO CPP1241445 9/1/2024 9/1/2025 BODILY INJURY (Perperaon)_ $ OWNED - SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ _ HIRED NON -OWNED (PeOe �RJYt AMAGE _ AUTOS ONLY AUTOS ONLY------ i 1 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE_ $ 3,000,000 EXCESS LIAB CLAIMS -MADE UMB1041609 9/1/2024 r— 9/1/2025 AGGREGATE __— $ 3,000,000 DED X RETENTION S 10,000 A WORKERS COMPENSATION ! PER 1 OTH- ER STATUTE y._1_�—._. AND EMPLOYERS' LIABILITY YIN CPP1245956 9/1/2024 9/1/2025 $_ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT I, _-, . _ 1,000,000 (Mandatory in NH) E.L. DISEASE -_E_A EMPLOYEE.S..__ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 B Pollution Liability PPK2668003000 3/16/2024 3/15/2025 Occurrence 5,000,000 B Pollution Liability PPK2668003000 3/15/2024 3/16/2025 Aggregate i 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD I Of, Additional Remarks Schedule, may be attached if more Term: 9l1/2021 to 911/2022, Carrier: GuideOne National Insurance Co, Limits: space Is required) $4,000,000 XS $3,000,000 Excess Policy #: 4389470, City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City perform attached. City of Spokane Valley 11707 E Sprague Ave, Suite 103 Spokane Valley, WA 99206 LAIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (��`J✓vtil � �� ACORD 25 (2016/03) ©1988-2015 ACORD CORPORA I IUN. An rignts reservea. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WNGL1390618 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured —Operations A. Section II — Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement de- scribed in Paragraph 1. above. Such person(s) or organization(s) is an add- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for the additional insured. B. With respect to Additional Insured - Opera- tions, coverage is limited as follows: This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 139 06 18 (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 or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2. Additional Insured — Completed Operations A. Section II — Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement de- scribed in Paragraph 1. above. Such person(s) or organization(s) is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; and included in the "products -completed op- erations hazard". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 B. With respect to Additional Insured — Com- D. With respect to the insurance afforded to pleted Operations, coverage is limited as fol- these additional insureds, the following is lows: added to Section III — Limits Of Insurance: (1) A person or organization's status as an in- If coverage provided to the additional insured sured under Additional Insured — Com- is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con- insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or insured does not apply to "bodily injury", (2) The Limits of Insurance shown in the Dec - "property damage" or "personal and ad- larations; vertising injury" arising out of "your work" whichever is less. for which a consolidated (wrap-up) insur- ance program has been provided by the This endorsement shall not increase the ap- prime contractor -project manager or plicable Limits of Insurance shown in the Dec - owner of the construction project in which larations. you are involved. E. With respect to the insurance afforded to 3. Primary and Noncontributory these additional insureds, the following addi- The following is added to the Other Insurance tional exclusion applies: Condition and supersedes any provision to the This insurance does not apply to: contrary: "Bodily injury", "property damage" or "per - Primary And Noncontributory Insurance sonal and advertising injury" arising out of the This insurance is primary to and will not seek con- rendering of, or the failure to render, any pro- tribution from any other insurance available to an fessional architectural, engineering or survey - additional insured under your policy provided that: ing services, including: (1) The additional insured is a Named Insured un- (1) The preparing, approving, or failing to der such other insurance; and prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from any other insurance available to the additional (2) Supervisory, inspection, architectural or insured. engineering activities. 4. Other Provisions Applicable to Additional In- sured — Operations and Additional Insured — Completed Operations A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply to an additional insured. B. The coverage provided under Paragraph f. of the definition of "insured contract" under Sec- tion V — Definitions does not apply to an ad- ditional insured under this endorsement un- less required by a written contract or agreement. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 139 06 18 This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any profes- sional services by you with respect to your providing engineering, architectural or survey- ing services in your capacity as an engineer, architect or surveyor. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2