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14-084.10 Sunshine Solid Waste Disposal Rates 2023/2024
Sciry oe CITY MANAGER pokane John Hohman,City Manager Valley® 10210 E. Sprague Avenue • Spokane Valley WA 99206 (509)720-5000 ♦ Fax: (509)720-5075 ♦ cityhall@spokanevalley.org September 25, 2023 Marc B.Torre President Sunshine Disposal&Recycling 2405 North University Road Spokane Valley,WA 99206 Re: 2023/2024 Solid Waste Transfer, Transport, and Disposal Rates, Contract 14.084.10 effective December 1,2023 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. 2023/2024 Rate Based on CPI This letter is regarding the rates for 2023/2024 effective December 1, 2023. 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 5.698%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: $119.87 per ton (from$113.41 per ton last year) o After adding 3.6%refuse tax: $124.19 per ton • Service Fee minimum: o Prior to adding 3.6%refuse tax: $19.81 per ton (from$18.74 last year) o After adding 3.6%refuse tax: $20.52 • Organics Fee: $65.13 per ton (from$61.62 per ton last year) • Organic Fee minimum: $13.01 (from$12.31 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 2023/2024 year, the projected tonnage is estimated to be 89,000 tons of waste. Based on this tonnage, the City fee would be $1.40 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/or the Service Fee minimum rates. This year the City desires to have both the total tipping fee and the Service Fee minimum rates assessed at their full amounts. 2023/2024 Rates Total tipping fee: we request that the total tipping fee be assessed at its full amount. Service Fee minimum: we 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. Based on the above,the rates for 2023/2024 will be as follows. • Total tipping fee: $119.87 per ton (Service Fee) + $1.40 per ton (administrative fee) = $121.27 per ton ($125.64 per ton including the 3.6%refuse tax) • Service Fee minimum=$19.81 ($20.52 including 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: $65.13 per ton. • Organic Fee minimum: $13.01.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 89,000 tons of solid waste for 2023/2024. Further,we understand you have estimated there will be approximately 25,300 trips at the Service Fee minimum rate. We request that for 2023/2024 you collect and remit to the City the resulting total administrative fee amount 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, 2023. 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 Jo n Hohman, City Manager ATTEST: APPROVED AS TO FORM: 4,e,t' , ,Materson, City Clerk 0 ce of the City Attorney ACCEPTED AND AGREED: CONTRACTOR: SUNSHINE DISPOSAL AND RECYCLERS, INC. By: Name: if✓1 Its: ?re_S 16,6 {' SUNSDIS-01 LPARISOT • ACCP, Rv CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYYY) 8/30/2023 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 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 NONTACT Atiiant Insurance Services,Inc. PHONE FAX Ext):(509)325-3024 (Arcc,No):(509)325.1803 818 W Riverside Ave Ste 800 Spokane,WA 99201ooiss: INSURERS)AFFORDING COVERAGE NAIC it INSURER A:Pioneer Specialty Insurance Company 40312 INSURED INSURER B:Tokio Marine Specialty Insurance Company 23850 Sunshine Disposal,Inc;Sunshine Recyciers Inc. INSURER C PO Box 13369 INSURER 0 Spokane Valley,WA 99213-3369 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 LTR TYPE OF INSURANCE PISD WVD POLICY NUMBER IMMlDDITYYYI (MM/DD/YYVYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPP1245956 9/1/2023 9/1/2024 DAMAGETORENTEo 1,000,000 X PREMISES(Eaxcurrence) S MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X yeC X LOC PRODUCTS COMP/OP AGG $ 2,000,000 OTHER. A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO CPP1241445 9/1/2023 9/1/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRES NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAR CLAIMS-MADE UMB1041609 9/1/2023 9/1/2024 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 A WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YlN STATUTE ER CPP1245956 9/1/2023 9/1/2024 1,000,000 ANY PROPREEIETORIPARTNERDEXECUTIVE E.L.EACH ACCIDENT $ (Minds oryln R EXCLUDED? N!A I"I {� �it1 E.L.DISEASE-EA EMPLOYEE S 1,000,000 11 yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Pollution Liability PPK2529178 3/15/2023 3/15/2024 Occurrence 5,000,000 B Pollution Liability PPK2529178 3/15/2023 3/15/2024 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 107,Additional Remarks Schedule,may be attached if more space is required) Excess Policy#: 4389470,Term:9/1/2021 to 9/1/2022,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. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATE THEREOF, NOTI City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS,E WILL BE DELIVERED IN 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 WN GL 139 06 18 THIS ENDORSEMENT CHANGES THE POUCY. 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 (2) That portion of "your work" out of which A. Section iI—Who Is An Insured is amended the injury or damage arises has been put to include as an additional insured: to its intended use by any person or(1) or- Anyperson or organization for whomyou ganization other than another contractor g or subcontractor engaged in performing are performing operations when you and operations for a principal as a part of the such person or organization have agreed same project. in writing in a contract or agreement that such person or organization be added as 2. Additional Insured—Completed Operations an additional insured on your policy; and A. Section II—Who Is An Insured is amended (2) Any other person or organization you are to include as an additional insured: required to add as an additional insured (1) Any person or organization for whom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1.above. such person or organization have agreed Such person(s) or organization(s) is an add- in writing in a contract or agreement that tional insured only with respect to liability for such person or organization be added as "bodily injury", "property damage" or "per- an additional insured on your policy; and sonal and advertising injury"caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured a. Your acts or omissions;or under the contract or agreement de- b. The acts or omissions of those acting on scribed in Paragraph 1. above. your behalf; Such person(s)or organization(s) is an addi- tional insured only with respect to liability for in the performance of your ongoing opera- "bodily injury", "property damage" or "per- tions for the additional insured. sonal and advertising injury"caused, in whole B. With respect to Additional Insured -Opera- or in part, by: tions, coverage is limited as follows: a. Your acts or omissions; or This insurance does not apply to "bodily in- b. The acts or omissions of those acting on jury"or"property damage"occurring after: your behalf; (1) All work, including materials, parts or and included in the "products-completed op- equipment furnished in connection with erations hazard". 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 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. B. With respect to Additional Insured — Corn- D. With respect to the insurance afforded to plated 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 — Corn- 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 tiona(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 cured — Operations and Additional Insured — against an additional insured allege negli- Gompleted 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 CG 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. WNGL1390618 Page 2of2 Includes copyrighted material of insurance Services Office,inc.,with its permission. �►Sunshine Disposal October 4, 2023 CITY OF SPOKANE VALLEY 10210 E SPRAGUE AVE SPOKANE VALLEY, WA 99206-3682 Dear Customer, 2219810 In accordance with our contract with the City of Spokane Valley, refuse collection rates are increasing effective December 1, 2023. Current and new rates are as follows. Current Rate Eff 12-1-23 Permanent Customers (Non -Compacted) 20 Yd Haul $ 80.01 $84.57 30 Yd Haul $ 83.68 $88.45 40 Yd Haul $ 92.33 $97.59 20 Yd Rent/Mo $ 67.69 $71.55 30 Yd Rent/Mo $ 74.84 $79.11 40 Yd Rent/Mo $ 91.08 $96.27 Permanent Customers (Compacted) 20 Yd Haul $137.86 $145.72 25 Yd Haul $137.86 $145.72 30 Yd Haul $137.86 $145.72 40 Yd Haul $166.23 $175.71 Temporary Customers (Non -Compacted) Delivery $ 49.24 $ 52.05 20 Yd Haul $104.63 $110.59 30 Yd Haul $117.03 $123.70 40 Yd Haul $117.03 $123.70 20 Yd Rent/Day $ 4.93 $ 5.21 30 Yd Rent/Day $ 5.53 $ 5.85 40 Yd Rent/Day $ 6.16 $ 6.51 Other Charges Miles over 5 $ 3.52 $ 3.72 Current Rate Eff 12-1-23 Disposal per ton at University Rd Transfer Station MSW $114.38 $ 121.27 Yard Debris $ 61.62 $ 65.13 CDL $ 96.00 $ 101.50 If you have any questions, please contact our office at 509-924-5678 Sincerely, Sunshine Disposal & Recycling Sunshine Disposal & Recycling October 4, 2023 CITY OF SPOKANE VALLEY 10210 E SPRAGUE AVE SPOKANE VALLEY, WA 99206-3682 Dear Customer: Effective 12-1-2023 new rates will go into effect at the Spokane Valley University Road Transfer Station. The increased rates are as follows: Material Rate/Ton Min Charge MSW / Household Garbage $121.27 $19.81 (Plus 3.6% state tax) Construction/Demolition $101.50 $19.81 (Plus 3.6% state tax) Organic/Yard Debris $ 65.13 $13.00 We appreciate your business. Please call us if you have any questions or need any additional services. Sincerely, Sunshine Disposal & Recycling 509-924-5678 ly -mil 10c1 .01),.10, SUNSDIS-01 A�oRv CERTIFICATE OF LIABILITY INSURANCE 1 DAT81301230/2D/YYIY) 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 such endorsements . PRODUCER CT Alilant Insurance Services, Inc. 818 W Riverside Ave Ste 800 PHONE EMT: (509) 325-3024 jam, No):(509) 325-1803 Spokane, WA 99201 ADDRESS: INSURED INSURER A Sunshine Disposal, Inc; Sunshine Recyclers Inc. wsURERC: PO Box 13369 INSURER D : Spokane Valley, WA 99213-3369 INSURER E. INSURER F: evrr��n�rr ur u�r�rn. OCVICInkI KIIIMRGQ• 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. IN TYPE OF INSURANCE ADDL SUER, POLICY NUMBER POLICY EFF ' POLICY EXP 7 LIMITS 1DD MIDD YY I A X 1 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X X CPP1245956 911/2024 EACH OCCURRENCE _1 9/1/2025 DAMAGE TO RENTED PREMISES_(Eaoltrence)_ _iS._._ _ MED EXP(Any_ one Person) $ 1,000,000 1,000,000 00 I $ 10'0-6 PERSONAL&ADVINJURY S 1,006,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: $ 2,000,000 $ 2,000,000 POLICY X i JEST �X LOC PRODUCTS-COMP/OPAGG _._, OTHER: A AUTOMOBILE LIABILITY X I ANY AUTO i ICPP1241445 9/1/2024 W112025 COMBINED SINGLE LIMIT Ea adent) ccl 1,000,000 $_ BODILYINJURY Per e�rs-on)__-,_S_.__„__ BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY ALIT O OSWNE A!JT OS ONLY AUTOS ONL� I I ROPa�R ht AMAGE $ UMBRELLA LIAB X OCCUR 11EXCESSLIAB CLAIMS -MADE DED X RETENTIONS 10,000j j UMB1041609 9M12024 9/1/2025 _ EACH OCCURRENCE AGGREGATE 3,000,000 $ 3,000,000 A ::WORKERS COMPENSATION �ANDEMPLOYERS'LIABILITY YIN MANY PROPRIETOR/PARTNERIEXECUTIVE FFICERMIEMBER EXCLUDED? CI Mandatory in NH) NIA _ STATUTE i CPP1245956 9/1/2024 9/1/2025 E.L. EACH ACCIDENT E.L. DISEASE -FA EMPLOYEE 1,000,000 _ $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 S B Pollution Liability I IPPK2668003000 3/15/2024 3/1512025 Occurrence 5,000,000 B Pollution Liability PPK2668003000 3/15/2024 3/15/2025 Aggregate 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 911/2022, 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. ER 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 CORPORA IIUN. All 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 If — 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- pleted Operations, coverage is limited as fol- lows: (1) A person or organization's status as an in- sured under Additional Insured — Com- pleted Operations continues only for the period of time required by any written con- tract or agreement. (2) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and ad- vertising injury" arising out of "your work" for which a consolidated (wrap-up) insur- ance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved. 3. Primary and Noncontributory The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured un- der such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. 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 D. 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: (1) The minimum amount required by the contract or agreement; or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. E. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any pro- fessional architectural, engineering or survey- ing services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 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