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14-084.09 Sunshine Recyclers: Solid Waste Disposal Rates
1+ogo7 ;!!mP;9pe ,;oOValley- October 12, 2022 Marc B. Torre President Sunshine Disposal & Recycling 2405 North University Road Spokane Valley, WA 99206 CITY MANAGER John Hohman, City Manager 10210 E. Sprague Avenue ♦ Spokane Valley WA 99206 (509)720-5000 ♦ Fax: (509) 720-5075 ♦ cityhatt@spokanevalley.org Re: 202212023 Solid Waste Transfer, Transport, and Disposal Rates, Contract 14.084.09 effective December 1, 2022 Dear Marc, We would like to thank Sunshine Disposal & Recycling, Inc. ("Sunshine") for its solid waste transfer, transport, and disposal services this past year. We very much appreciate your hard work and customer service and we look forward to our ongoing partnership. 2022/2023 Rate Based on CPI This letter is in regard to the rates for 2022/2023 effective December 1, 2022. All capitalized terms herein shall have the same meaning as set forth in the Agreement unless otherwise defined. As you are aware, pursuant to Section 5.3 of the Agreement, Sunshine is entitled to an automatic increase in the Service Fee and Organics Fee equal to: 90% of the percentage change in the average CPI for the 12 month period July 1 through June 30 of the calendar year the adjustment becomes effective as compared to the CPI average for the preceding twelve month period and multiplying the result by the then applicable Service Fee and Organics Fee. The rate increase was originally effective December 1, 2015, and has and will occur each December 1 thereafter. Pursuant to our discussions, we understand that this automatic increase will result in an increase of 6.391% to the Service and Organics Fees, which would result in increased rates as follows (rates do not include additional administrative fee amount): • Service Fee: o Prior to adding 3.6% refuse tax: $ 113.41 per ton (from $106.60 per ton last year) o After adding 3.6% refuse tax: $117.49 per ton • Service Fee minimum: o Prior to adding 3.6% refuse tax: $ 18.74 per ton (from $17.61 last year) o After adding 3.6% refuse tax: $19.41 • Organics Fee: $ 61.62 per ton (from $57.92 per ton last year) • Organic Fee minimum: $ 12.31 (from $11.57 last year) Administrative Fee Pursuant to Section 5.4, Sunshine is required to pay the City an annual administrative fee of $125,000. This fee may be "added, as applicable, to the fees set forth in Section 5.2, as adjusted, to make up the total tipping fees that [Sunshine] charges." The additional rate shall be "based upon the annual projected tonnage of Acceptable Waste." For the 2022/2023 year, the projected tonnage is estimated to be 91,000 tons of waste. Based on this tonnage, the City fee would be $1.37 per ton to collect the full $125,000 administrative fee. The City has utilized the administrative fee in past years to buy down the total tipping fee (composed of the Service Fee plus Administrative Fee) and Service Fee minimum rates. This year the City desires to utilize the administrative fee to buy down the total tipping fee. 2022/2023 Rates The City desires that citizens see a before -tax CPI adjustment to the total tipping fee of, at most, 6%. Accordingly, we request that a portion of the administrative fee be applied to the total tipping fee by reducing the administrative fee collected to $0.97 per ton. We also request that the Service Fee minimum rate be assessed at its full amount. To reduce coin -handling at the scale house, Sunshine may impose a fee less than this amount pursuant to contract section 5.2(A)(1). If this option is exercised we request that Sunshine notify the City of the amount to be charged before it is imposed. The City shall pay for the reduction in the total tipping fee from the $125,000 administrative fee revenue as part of its ongoing management of its solid waste system. With such reduction, the rates for 2022/2023 will be as follows. • Total tipping fee: $113.41 per ton (Service Fee) + $0.97 per ton (administrative fee) _ $114.38 per ton ($118.50 per ton including the 3.6% refuse tax) • Service Fee minimum = $18.74 ($19.41including the 3.6% refuse tax) (up to 320 pounds per trip) We request that the Organics Fee be assessed at its full amount as follows (note - refuse tax of 3.6% does not apply to yard waste). • Organics Fee: $ 61.62 per ton. • Organic Fee minimum: $12.31. To reduce coin -handling at the scale house, Sunshine may impose a fee less than this amount pursuant to contract section 5.2(B). If this option is exercised we request that Sunshine notify us of the amount to be charged before it is imposed. At this time, we understand that you have estimated 91,000 tons of solid waste for 2022/2023. Further, we understand you have estimated there will be approximately 25,000 trips at the Service Fee minimum rate. We request that for 2022/2023 you collect and remit to the City the resulting total administrative fee amount based on the $0.97 per ton administrative fee based upon the actual tonnage collected rather than on estimated amounts. We request that you provide calculations of these amounts (fees, tonnage, trips, etc.) with each quarterly remittance of the administrative fee. These adjustments will go into effect in accordance with the Agreement as of December 1, 2022. If you agree with the above fees as set forth herein, please sign below to acknowledge the receipt and concurrence to set the rates as provided herein. Please return two copies to the City for execution. A fully executed original copy evidencing the agreement between the City and Sunshine for the new rates will be mailed to you for your files. This letter shall supplement the Agreement solely as provided herein, but shall not otherwise amend or modify the Agreement and all terms of the Agreement shall remain in full force and effect. Very truly yours, CITY OF SPOKANE VALLEY 01 JohlGohman, City Manager ATTEST: Christine Bainbridge, City Clerk ACCEPTED AND AGREED: CONTRACTOR: SUNSHINE DISPOSAL AND RECYCLERS, INC. By; . Name: MG rG 13 Rr-rc Its: re S I Ac o APPROVED AS TO FORM: e of the City Attorney y -oeq SUNSDIS-01 LEAR '4` OJNRO CERTIFICATE OF LIABILITY INSURANCE °A��' 012023 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., I the cerdflcats holler is an ADDITIONAL INSURED, the poIWWs) 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 cartlicate does not confer rights to the ca lents hokler in lieu of such endorsemen s . PRODUCER Alliant Insurance Services, Inc. PHONE FAX 818 W Riverside Ave Ste 800 00; No, Elan: (509) 3253024 - _(Ac, No):(509) 325.1803 womzo Sunshine Disposal, Inc; Sunshine Recyclers Inc. PO Box 13369 Spokane Valley, WA 99213-3369 INSURER(e) AFFORDING COVERAGE NAIL E INSURER A -.Pioneer Specialty Insurance Company 40312 iNsuRER B : Toklo Marine Specialty Insurance Company .23850 INSURER c : INSURER D : INSURER E : rnvcRArcc rCOTICIrATC YIIYRCO• OCUMInlu NI IaanCO. 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 n TYPE OF INSURANCE POLICY sUeR POLICY NUMBER POLICYI" POLICY ErI► UNITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE f 11000,000 CLAIMSaaDE X OCCUR X CPP1245956 9/1/2023 9/1/2024 DAMAceroRIENiED PFI-FM ES L€a004-1 _ 1,000,000 MED EXP (Any one permn) S 10.000 PERSONAL d ADV INJURY f 1,000,000 GENt AGGREGATE IAPPLIES PER: GENERAL AGGREGATE S 2,000,000 pL�IMpT. POLICY X X LOC JECT PRODUCTS - COMPIOP AGG ; f 2,606,006 TH R: A AUTOMOBILE LMAKM COMBINED S0IGLE LIMIT S 1,000,000 X ANY AUTO CPP1241445 9/1/2023 91112024 BODILYIWURY(Per POMM) , S. OVYNEO SCHEDULED AUTOS ONLY BODILY INJURY (Pg raoc "re ). S NAUUTTO�;SWVN p . AUTOS ONLY AItTOS OV (Per acd er�IGE S A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE f 3,000,000 EXCESS LW CLAIMS -MADE UMBIG41809 9/1/2023 9/1/2024 AGGREGATE f 3,000,000 DED X RETENTIONS 10,000 A woricwcompemToN ANDD EMPLOYE LIABILITY PER SZNlT(!Tf Eft OT Y ! N CPP1245954 2/1/2023 ANY PROPRETONPARTNEWEXECUTNE 9/112024 E.L. EACH ACCIDENT 1,000'000 QFF�M@�N EXCIUDEM N / A �tl E.L. DISEASE - EA EMPLOYEE f DISEASE 11000,000 , dewbe uwx _ _ _..... _ - ... 1'000'000 E.L. POLICY LIMIT g Pollution Liability PPK2529179 3/1512023 3/1512024 Occurrence 51000,000 g Pollution Liability PPK2529178 3/15/2023 3/15/2024 Aggregate 5,000,000 OESCRIPTIDN OF OPERATIONS N LOCATMUS I VEHICLES (ACORD 101. AddWoeel Remub SOW". mq M aasoI N more Is r.eww.111 Excess Poky ar: 4389470. Term: 9/1/2021 to 91112022, Carrier: Guido0ne National Insurance Co, Limi�: $4.000,000 XS $3,000,0W 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. d%CWT Lf-ATC urw nwo PAYPCI I ATV11M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, ACCORDANCE WITH THE POLICY PPROVIMNS NOTICE WILL BE DELIVERED IN 11707 E Spregue Ave, Suite 103 Spokane Valley, WA 99206 AUTHOR® RBRESENTATIVE ACORD 25 (2016103) 0 I M-2013 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MERCHANTS 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 buslrleas in the , as ure, are a firmlybound uind as Obligee, In the maximum penT-of One Million and 00/100 Dollars (SI.000,000.00 ), lawful money of the Unitedes of America, forwhich payment well and truly to be made we , our elrs, 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 forms and conditions of the 07366 Contract (hereinafter refereed to as the Contract), t re to and ma a part , NOW, THEiaEFORE, the condition of this obligation Is such that if the above named Principal, its successors and assigns, shall well 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 following express conditions: 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, at the sole option of the Surely, by meatier ce cafe r additional lie ods from the expiry date hereof. However, neither: (a) the Sumlyy a decisio not to issue a continuation certificate, nor (b) the falure 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 Surely 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, ids Bond shall have the final and definite expiration dates of June 15th, 2024 , unless earlier nonrenewed or canceled pursuant to paragraph 1 or 2 above. 4. No claim, action, auk or proceeding, except as hereinafter set forth, shall be had or maintained against the Surely on this Instrument unless such claim, action, suit or proceeding Is brought or instituted upon the Surety within one year from termination or expiration of the bond term. l� Regardless of the number of years thie Bond is in foroe or the number of continuation oerdfiestee leswd, the lisbiilly of the Surely shall not be cumulative 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 dais of this Bond. SumlyAddress: Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, Iowa 50306-3498 Alin: Claims Department 7. N any conflict or inconsistency exists between the Surety's obligations or undertaidngs as described in this Bond on as described in the underlying Contract, then the terms of this Bond shall prevail. SiGNED, SEALED AND DATED this 2nd day of June 2023 na Suufn�shine Rccycicrs, DBA uashine Disposal and", Principal Merchants Bonding Company (Mutual) Of. �%l � .c� } �J itQl, ennifer Martinez Ibarra , Attortheyanfact CON 0672 (8118) MERCHANTS BONDING COMPANY.. POWER OF ATTORNEY Know NI Persona By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (In California only) (heroin collectively Called the 'Companies') do hereby make, constitute and appoint, Individually, AiU Palmer, Jaclyn R Kruse; Jennifer Martinez Ibarra; Madison Czarspata; Melissa WO,, Michael Button; Thomas Denison their true and lawful Attomey(sHn-Fact, to sign its name as suneWles) 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 persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. This Power-ol-Attomey is granted mid is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23. 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Handling, Ina, 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 thereat authorizing the execution and delivery of any bond, undertaking, recognizance, or outer suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed.' 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 -Fad Includes any arid all consents for the release of retained percentages andfor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. it is fully 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 obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomeyan-Fad cannot be modilied 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 Oft (30) days prior to the modMcadon or revocation. In Witness Whereof, the Companies have caused We instrument to be signed and sealed this 22nd day of May , 2023 . 'b N MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING. INC. d/ble MERCHANTS NATIONAL INDEMNITY COMPANY By Prosklent rr STATE OFIOWA �•.'•••...57...•••� �••....••• COUNTY OF DALLAS as. On this 22nd day of May 2023 before me appeared Lamy Taylor, to me personally known, who being by me duly sworn 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 Seale of the Companies; and that the said instrument was signed and sealed in behalf of tits Companies by attBtority of their respective Boards of Directors. 0aaniimNuriv7�731 mo'y Puaac (Expiration of notary s commission does not Invalidate this Instrument) 1, William Warner. Jr„ Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC„ do hereby cedWy that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by avid Companies. which is still in full force and affect and has not been amended or revoked. In Witness Whered, I have hereunto set my hand and affixed .t POA 0018 (10/22) ne seal of the Companies an this 2nd day of June - 2023 , �.00e • Seaaf lot . ._..,1A' •t 1y-,j 10W ) -CF 1) a' (:)' ' I SUNSDIS-01 LPARISC CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDNY ) 024 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 suchppendorsement(s). ACT PRODUCER NAME: Alliant Insurance Services, Inc. II18 W Riverside Ave Ste 800 (A/C, No EM): (509) 325 3024 I ( 1 No):(509) 325-1803 Spokane, WA 99201QAS INSURER(S)AFFORDINGCOVERAGE_ _NAICN NSURER A; Pioneer Specialty Insurance Compa�40312 INSURED INSURER e.;TOkio Marine Specialty Insurance Company 123850 Sunshine Disposal, Inc; Sunshine Recyciers Inc. INSURERc: PO Box 13369 INSURER D : Spokane Valley, WA 99213-3369 DIQIIDCD C INSURER F : n�nrlrinwTc ulum�o. GCVIQInkt KII IIU12Cr?• 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 WTH 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 ADDLSUBR-----.__ ---POLICYEFF--T POLICY -_�---- �----------- ILTRTYPE OF INSURANCE POLICY NUMBER f LIMITS A X - COMMERCIAL GENERAL LIABILITY _ CLAIMS -MADE X OCCUR _ X CPP1245956 911/2024 9/1/2025 EACH OCCURRENCE _ r DAMAGE TO RENTED PRE MisEs..(Eaec;c U_rrence).__ ; MED EXP jAny_ona parsoN - _ 1'�0'000 S 1,000 000 $ ___---- ! $ 10,000 PERSONAL & ADV INJURY GENERALAGGREGATE $ 1,000,000 $ 2,000,000 _-_ t_GEN'LAGGREGATELIMITAPPLIESPER: POLICY � PRO LOG I— j OTHER: PRODUCTS - COMPIOP AGG 2,000,000 S A AUTOMOBILE LIABILITY X ANY AUTO ' OWNED - SCHEDULED —I AUTOS ONLY AUTOS HRED NON -AWNED A�TOS ONLY AUTOS ONLY I I I CPP1241445 ! 9/1/2024 9/1/2026 ! COMBINED SINGLE LIMIT tEa acctdenl� 1' 000,000 BOOILY INJURY (Per pera onl_ $_,___ BRODILY�ITNPer accident $ PPe0acyJURY ddenDAMAGE S A X UMBRELLA LIAB X OCCUR EXCESS LIAR _ CLAIMS -MADE, DED X I RETENTIONS 10,000 'UMB1041609 j 911/2024 9/1/2025 EACH OCCURRENCE $ 3'000'000 $ 3,000,000 AGGREGATE A WORKERS COMPENSATION IAND EMPLOYERS' LIABILITY YIN ;CPP1245956 AFYICERRv1 IIMBCR/ EXCLUDED? ECUTIVE N f A (MandatoryinNH) — if yes, describe under DESCRIPTION OF OPERATIONS below 9/1/2024 9/1l2025 .__ _ OTH- PTA LITEER 1,000,000 $ _.. _ 1,000,000 1,000,000 E.L._ EACH ACCIDENT DISEASE -EA EMPLOYEIE _E.L. E.L. DISEASE -POLICY LIMITTI B Pollution Liability PPK2668003000 B (Pollution Liability ! PPK2668003000 3/15/2024 3/15/2025 3/15/2024 3/15/2025 I Occurrence Aggregate 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Excess Policy #: 4389470, Term: 9/1/2021 to 9/112022, Carrier: GuideOne National Insurance Co, Limits: $4,000,000 XS $3,000,000 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. 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) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WIN GL 139 06 18 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. 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" 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 (2) Supervisory, inspection, architectural or any other insurance available to the additional engineering activities. insured. 4. Other Provisions Applicable to Additional In- This exclusion applies even if the claims sured — Operations and Additional Insured — against an additional insured allege negli- Completed Operations gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- others by that insured, if the "occurrence" tion (Endorsement CIS 24 26) does not apply which caused the "bodily injury" or "property to an additional insured. damage", or the offense which caused the B. The coverage provided under Paragraph f. of "personal and advertising injury", involved the the definition of "insured contract" under Sec- rendering of or failure to render any profes- tion V — Definitions does not apply to an ad- sional services by you with respect to your ditional insured under this endorsement un- providing engineering, architectural or survey - less required by a written contract or ing services in your capacity as an engineer, agreement. architect or surveyor. 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 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2