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HomeMy WebLinkAboutC2010-469 - 10/12/2010 - ApprovedCOLLECTION, PROCESSING AND MARKETING RESIDENTIAL RECYCLABLE COMMODITIES CONTRACT Service Agreement No. SA THIS Collection, Processing and Marketing Residential Recyclable Commodities CONTRACT (this "Agreement ") is entered into by and between BFI Waste Services of Texas, LP, a Delaware limited partnership ( "Contractor "), and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager (the "Effective Date "). WHEREAS Contractor has proposed to provide Collection, Processing and Marketing Residential Recyclable Commodities in response to the Request for Proposal No. BI- 0168 -10 (the "RFP ") pursuant to Contractor's response to the RFP, dated as of July 9, 2010 ( "Contractor's Response "), both of which are attached as Exhibit A; and WHEREAS the City has determined Contractor to be the best responsible bidder. NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. (a) General Description. Contractor will perform the Collection, Processing and Marketing of Residential Recyclable Commodities in accordance to the RFP, Contractor's Response and this Agreement. If this Agreement conflicts with the RFP or Contractor's Response, the provisions of this Agreement shall take precedence, then the RFP, and then Contractor's response. Capitalized terms used in this Agreement and not otherwise defined shall have the meanings set forth in the RFP. (b) Hazardous Waste. Contractor shall have no obligation to collect Hazardous Waste (defined below). Title to and liability for any Hazardous Waste shall at no time pass to Contractor. For purposes of this Agreement, "Hazardous Waste" means waste defined as, or of a character or in sufficient quantity to be defined as, a "Hazardous Waste" by the Resource Conservation and Recovery Act, as amended, or any state or local laws or regulations with respect thereto, or a "toxic substance" as defined in the Toxic Substance Control Act, as amended, or any regulations with respect thereto, or any reportable quantity of a "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, or any regulations with respect thereto and including future amendments thereto. (c) Contractor's Designated Facility. During the Term (defined below), the City will deliver or cause to be delivered by the city or other contracted service provider all Recyclables generated under the City's control to Contractor's designated facility or facilities (each, a "Designated Facility "). Any such Designated PHX/2357648.4/11379.994 Facility to be within the Corpus Christi City limits boundaries. The City also agrees that it shall use best efforts to support the construction review and permitting process for the Designated Facility. (d) Trailers. Contractor will maintain the City's trailers identified on Exhibit B in accordance with Section 3.18 of the RFP. 2. Term. This initial term of this Agreement is for 10 years (the "Initial Term "). The start date of the Initial Term shall be calculated from the first day of operation of Contractor's new Single Stream processing line. There will be a minimum of three renewal terms of five years each (each, a "Renewal Term ", and collectively with the Initial Term, the "Term "). Both parties must agree on the option to renew at the appropriate time which shall be no later than (6) six months prior to the end of the Initial Term or the Renewal Term, as applicable. 3. Fees. The prices shall be as set forth in Contractor's response except that the following shall apply: (a) CPI Increase. The fees which may be charged by the Contractor for the second and subsequent years of the Term shall be adjusted upward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for All Urban Consumers (Water and Sewer and Trash Collection Services index) as published by the U.S. Department of Labor (the "CPI - Trash ") as of the last month of the first year of the Tenn and every twelve (12) months thereafter (the "Rate Modification Date "), the fees shall be increased the ensuing twelve -month period in a percentage amount equal to one - hundred percent (100 %) of the net percentage change of CPI - Trash. All percentage changes are to be computed as the twelve (12) month average, year over year difference between the CPI —Trash values as of the month of April, communicated to the City by June 15th and effective August 1St. Annually modified rates shall not be lower than preceding year's rates. As soon as possible before a Rate Modification Date, Contractor shall send to the City a comparative statement setting out for: (i) the twelve (12) month average CPI -Trash values as of the month of April from the current and previous year; (ii) the net percentage change of CPI - Trash; (iii) the composite percentage change equal to one - hundred percent (100 %) of the net percentage in the CPI - Trash; and (iv) the increase in the fees which may be charged by the Contractor. (b) Pass - Through Costs. In addition to the rate increase described in Section 3(a), Contractor may petition the City or City may petition the Contractor, in writing, at any time(s) after the Effective Date for other rate adjustments for the reasons set forth below and Contractor or the City, as the case may be, shall provide the other party with any pertinent supporting data that is the basis for its petition: PHX12357648.4111379.994 (i) Increase in Contractor's costs of compliance with laws, regulations or requirements of federal, State or local regulatory authorities enacted or becoming effective after the date of execution of this Agreement; or (ii) A greater than 2.0% annual growth in the number of individual collections due to annexation or other factors. (c) Review of Fees During the Initial Term. On the fifth anniversary of the Effective Date of this Agreement, the City and Contractor shall review all of the fees charged and rebates paid by Contractor during the first five years of the Initial Term of the Agreement, and consider if such fees and/or rebates should be adjusted based upon the reasonable opinion of the parties. (d) Floor and Ceiling on Rebates. The parties agree that notwithstanding anything in the contrary in Contractor's Response, the rebates passed through to the City for Recyclables shall be calculated using a floor commodity sale value of $85.00 per ton (the "Floor ") and a commodity sale ceiling value of $115.00 per ton (the "Ceiling "), so that Contractor shall be obligated to calculate and pay rebates to the City for sold Recyclables with a minimum value of the Floor and a maximum value of the Ceiling, and shall have no obligation to pay rebates for Recyclables above $115.00 per ton. The Floor and Ceiling amounts set forth in this Section 3(d) shall be adjusted annually equivalent to the whole dollar changes in the CPI -Trash adjustments to the processing fees made pursuant to Section 3(a). (e) Exception to Fees and Rebates. Notwithstanding anything in this Agreement, the RFP or Contractor's Proposal to the contrary, for the period of January 1, 2011 through the date that Contractor begins operating the Designated Facility (the "Interim Period "), Contractor shall not assess fees nor pay any rebates to the City. During the Interim Period, the City shall direct all of its Single Source Recyclables to Contractor's identified location, and Contractor shall manage the processing of such Single Source Recyclables at no cost (with no rebate) to the City. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Solid Waste Operations. 5. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 6. Insurance. During the Term of this Agreement, Contractor must obtain and maintain the required insurance coverages as shown on the attached Exhibit C. Before activities can begin under this Agreement, Contractor's insurance company(ies) PHX12357648.4111379994 must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are attached and incorporated as Exhibit C, and may be revised annually by the City Manager upon 30 days written notice to Contractor; provided, however, that the City acknowledges that Contractor is not a subscriber to workers' compensation in Texas, and that in lieu of providing workers' compensation, Contractor provides coverage consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401) or such other benefit plan for work- related injuries allowed by the Texas Labor Code. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. If the City fails to appropriate funds to pay Contractor pursuant to the terms of this Agreement, then this Agreement shall automatically terminate when the appropriated funds are no longer available. S. Waiver. No waiver of any breach of any term or condition of this Agreement, or Contractor's Response waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. PHX/2357648.4/11379.994 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in the RFP. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor at least five business day's written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the specified cure period, the City Manager may terminate this Agreement immediately thereafter. Notwithstanding anything in the contrary in the RFP, the City Manager shall not have the right to terminate this Agreement without cause or in any other manner except as set forth in this Section 12. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended (collectively, "Taxes "). Contractor must verify the foregoing to the City within 30 days after City Manager's written request therefor, which request must be based on the City's good faith belief that Contractor has failed to pay Taxes in accordance with the law. Failure to pay Taxes or verify proof of payment (or extensions thereto) to the City is grounds for the City Manager to terminate this Agreement upon 30 days prior notice to Contractor if Contractor fails to cure the breach during such 30 -day period. 14. Drug Policv and Workplace Violence. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy, which is a "Zero Tolerance" policy that eliminates drugs in the workplace. Contractor must also adhere to a workplace violence policy. 15. Notices. Notices may be given by fax; hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Solid Waste Address: 1201 Leopard City, State, Zip: Corpus Christi, Texas 78401 FAX No.: (361) 857 -1906 IF TO CONTRACTOR: Contractor Name: BFI Waste Services of Texas, LP Contact Person: General Manager Address: 4414 Agnes City, State, Zip: Corpus Christi, Texas 78405 FAX No.: 361 -883 -2729 16. Month to Month Extension. If the City has not completed the solicitation process and awarded a new Collection, Processing and Marketing Residential Recyclable PHX/2357648.4/11379.994 Commodities contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its current fee, on a month to month basis until a new contract is awarded by Council or for six months, whichever comes first. Both parties shall negotiate in good faith if additional extension of Contractor's services is necessary beyond six months. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 17. Indemnity. Contractor shall HOLD HARMLESS and UNCONDITIONALLY INDEMNIFY, PROTECT and DEFEND the City, its elected officials, employees, officers, directors, volunteers and representatives of the City, individually or collectively, from and against any and all third party claims, demands, actions, liabilities, liens, losses, damages, costs and expenses, of every kind and character whatsoever, including without limitation by enumeration the amount of any judgment, penalty, interest, court costs and reasonable legal fees incurred in connection with the same, or the defense thereof, for or in connection with loss of life or personal injury (including employees of Contractor and of the City) damage to property (other than the Work itself and including property of Contractor and of the City), but only to the extent caused by the negligent acts or omissions of, or incident to or in connection with or resulting from the negligent acts or omissions of, Contractor, its agents, servants, and employees, or its subcontractors and their agents, servants, and employees, in connection with the Work to be performed, services to be rendered, or materials to be furnished, under this Agreement. Notwithstanding anything to the contrary included herein, in no event shall the Contractor be liable for claims arising out of accidents resulting from the sole negligence of the City, all without however, waiving any governmental immunity available to the City under Texas Law and without waiving any defenses of the parties under Texas Law. In addition to the above, Contractor shall HOLD HARMLESS and UNCONDITIONALLY INDEMNIFY, PROTECT and DEFEND the City, its elected officials, employees, officers, directors, volunteers and representatives of the City, individually or collectively, from and against any and all third party claims, demands, actions, liabilities, liens, losses, damages, costs and expenses, of every kind and character whatsoever, including without limitation by enumeration the amount of any PHX/2357648.4111379.994 judgment, penalty, interest, court costs and reasonable legal fees incurred in connection with the same, or the defense thereof, for or in connection with loss of life or personal injury (including employees of Contractor and of the City) damage to property (other than the Work itself and including property of Contractor and of the City), but only to the extent caused by the intentional or deliberate misconduct, grossly negligent, willful acts or omissions of, Contractor, its agents, servants, and employees, or its subcontractors and their agents, servants, and employees, or in connection with the Work to be performed, services to be rendered, or materials to be furnished, under this Agreement, including but not limited to violations of any statute, regulation, ordinance or provision of this Agreement. Notwithstanding anything to the contrary included herein, in no event shall the Contractor be liable for claims arisin out of accidents resultin from the sole negligence of the City, all without however, waiving any governmental immunity available to the City under Texas Law and without waiving any defenses of the parties under Texas Law. 18. Force Maieure. Neither City or Contractor shall be liable for delays or failures in performance due to an event of force majeure that is beyond such party's reasonable control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. A party who is unable to perform due to a force majeure event shall inform the other party in writing of an event of force majeure within ten (10) business days or otherwise waive this right as a defense. 19. Contract Delays. In the event of Force Majeure, City and Contractor will use their best efforst to re- establish services within a reasonable time as mutually agreed upon by both parties. 20. Damage to Pavement. Contractor shall not be responsible for any damages to pavement or other driving surfaces resulting from Contractor's providing services [Signatures on following page] PHX/2357648.4/11379.994 ATTEST: SIGNED this /2 day of te- , 2010 . Contractor: BFI Waste Services of Texas, LP Name: AS044 u4443 Title: •i/e-or reicois-Arzer-n-Rzes, 1 7 CITY :! F CORP . S ' ISTI ARMA31ao CHAP& are SECRETAW Michael Barrera Assistant Director o Financial Services APPROVED THIS DAY OF 0A91-11 Carlos Valdez, CITY ATTORNEY By: Veronica Ocanas, Assistant City Attorney , 2010. AUTHORILEb ..�...r..�..n�; Exhibit A: Request for Proposal # Bid Invitation No. BI- 0168 -10 and Contractor's Response to RFP Exhibit B: City's Trailers Exhibit C: Insurance Requirements. PHX/2357648.4/11379.994 l M • A 9R d E T1F1 CATE OF LI IL. TY SURANCE age 1 of 2 DATE'- (FMNK63 D(YYYY) 01/31/2011 THIS CERTIFICATE ISIS SUED AS AltATTEROF INFORMATION ONLY AND CONFERS NO RIGHTS UPON .THE ;CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS }, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATEHOLDE# IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy {iss)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy certain policies - may : require an; endorsement, A statement on this cert catedoesnotconferrightstothe certificate holder in lieu of such enilorsement(s) PRODUCER INSURED. Willis of Arisona. 26 Centr ry Bivd, P O:.:Box 305141 37ts hv%1 TIN 3723 -5191 Republic Services 18540 MOrth ltllied Bray Phoenix AZ.... %85054 -. CONT-ACT KAMP FrOn3.5.x- 877-945-7378 Q Ord X88- 467 - 2378.__.... AI�L� ceriti,ficate wiliis.com INSURER(S)AFFOROINGCOVERA ; NA StiSUR IAA Zurich America n.Insurance . Compaxry .15535 -007 SNSUREs$:. Astlericiaxs, Insurance Company ^...._ 16535 003 INSURER G: &eeinatcn.. Zx auzance Company 15437-002 - 'INSURER.D:6teadfage Co. 26387-001 INSURERS: COVERAGES CERTtF1CA'CE: NUMBER :3 5472108 REVISION: NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE:: LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR. THE POLICY PERIOD INDICATECI. NOTWITHSTANDING ANY REQUIREMENT, TERM OR GONDITiON`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 HAV.E;SEEN REDUCED BY PAID CLAIMS. RISK L1 A 14DD'U 5IJ5$ .. .T P UCY EFR POLICY 8) P • TYPE OFI$5URANOE. iw #r •YYVTL • PQLICY NUMBER .... I llal�Sill[1lYYYYt jMMStJfiMYYYI NERAL LIABILITY COMMERCIAL GENERAL LLABILI TY CLAIMS -MAQE' X1OCCUR Limn'S 5/317/2011 FACHOCCURR'r.NC =. .- DAMAGE TO fl NTM 5REMtS0 1Ea ocovrep; ? 5 5,000,000 5,000.,000 MED EX7;Axr{ cm:* persrlil $ • P R60NAL d GENERAL AGGREGATE PRODUCTS - COMP'OP AGG GEI4 'L AGGREGATE LIMIT APPLIF..$PSR: C'P FRO -'.' F'[}LS 3 I AUT0MONLE X f ANY Alit° ALL OWNED .x SCHFD AUTOS AUTOS HIREBAUTOS 3 -..'NON0w4SG: AUTOS AiVINJUR`; 5 5000,000 05,000,000 5,000„000 x ELLA LOA :EXCESS UAS .1 Ccu I cLAi -MAU DE0 rfeE7F.N'TiQN $ WORKERSC0M?;NSATf0N :. ANO EMMPL0YE &S' L ASIL!1Y ANY PR0PRIE$0Sh.1PAK NEIRIE (EC OFFFICERIMEFt6ER EXCLUDED? • ss. un }er Q SERI TIoN CF CPE RAT IOW .belait 221422 HED SINGLE LIMIT {F. aca<torn BODILY 'IN,3URYIPorpHHr G4) 13 I5 5,000,000 SODEN' I5JU1RY(Per aa:;l6e Gam' (Per 'rer?l) s. 0 :6./361 /2011 EACH OCCURRENCE is 5, 000, 000 AGGREGATE 5 000,0Q0 I FR `0 1,000,000 .3 :02010 /3.o./2011.• SraTU I NPA EL.EACH ACG E k. 01S ASE -6A EMPLOYEE E.:.. DISEASE - POE ICY I. $ 1,000,000 ..,...1,000,000 RWPTt4!!0 OPERA1IOF 51 L.00ATiONStVERICt Waste Servi Division 4547 -15 1.4cn.A o gds,r?ecal« Eernarxssen s4a iseraro.spac; Tlt114BEf Wa.a'ce S+ rvices CERTIFICATE HOLDER CANCELLATION SHOULD: ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF, :NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of corpus Christi P. 0. Box 9.3277 . Corpus Christi: TX 7896 ACORD 25 253492 T 1 12i5S16 CESat;:l '7 3Q8 C. 1986 -201 r' The ACORD name and loge sra.regfstered tstarks'of ACORD ORD CORPORATION. All rights reserved. ID :.Q34S REMARKS C EDULE GENGY iilie of Arizona, aMEe.NSURED Republic,. Services, Inc. 18500 North Allied Way Phoenix, AZ 85 054 Page...2._ of .2 CARRIER First Page,. RAID CODE AD ITiONAL REMARKS EF CnVEL)A E: See .1!irst Page THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 25 C RTIFICAtE .01? LxA3IL2'. FORM NUMBER: �.__ :_:_ F'flRM7'ITi.E: Republic Services, Inc., & z.t s subsidiaries axe registered: non - subscribers to the Texas Workers Compensation Act. Repi±iic Services, .2nc.,.;has filed. an approved indemnity Plan with the Texas Department of Insurance, which" offers an alternative " in benefits to e�mpployees rather than the traditional Workers Compensation Insurance in Texas.. The .Work Comp policy ( #EWT304304402) shown this certificate provides excess Employers - Liability coverage, for the approved indemnity Plan. TEXAS EXCESS WORRERS COMPENSATION AND EMPLOYERS LIABILITY Waiver of Subrogation in .favor .of " the certificate: holder is included when required by written contract where allowed by state law. THE FOLLOWING POLICY PROVISIONS APPLY WHEN REQUIRE BY WRITTEN :CONTRACT: GENERAL LIA:BILITY:' Certificate holder is Addi;:tional:Insured whim required by written "contra et.Coverage is primary and non-contributory When required by written contract- Waiver-of Subrogation in favor of the certificate holder is included .w:nenrequired. by written contract. os1 AUTO LIABILITY: : Certificate . holder is Additional insured when required by written contract. Waiver of Subrogation in favor of the certificate holder is Included when required bY written contract. Additional Insured Includes: volunteers, and elected reppx the named insured, ..per forme4= City of Carpus. Christi "i.ts officers officials, employees, a sentatives as respects operations and activities of', or on behalf Eder contract With the City, where required by written: contract of, 253452 Tpl::1215 34 Cart:1547210a +X 2008; ADORE)..CORPORATION. AI rights reserved. The ACORD name and logo are registered marks of ACORD GENERAL LIABILITY CG20100704 PLEASE READ IT CAREtw'IILLY. ADDITIONAL INSURED - OWNERS, LESSEES R CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement rnothfi • insurance provided under the following' C©MMERCIAL':GENERAL.L1A LkT( COVERAGE PART SCHEDULE son s) Na e Of'Additional [rtstari d P Or Organization(s): ONLY THOSE CONTRACT HERE REQUIRED ELY WRITTEN Information required to corri Ode -this Schedule; show bove, aril shown in the Declarations. io Who Is Au Insured is atnen,de to include as an additional it cured the persaatlt(s ) er:organizatiaii(s): shown, itr'the.che hale, but only with respect to liability' f ar4h€.tci ly injury, :. „property damage ' or ,`personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions.; or 2.. The acts or omissions of those acting on,your behalf; in the ,p rformance of your ongoing operations; for the additional insured(s);atthe location(s) designated above. .., lith respect to the insurance afforded to these additional insureds, the following additional exclusions: apply:. This insurance does not apply to "bodily injury" or "property damage' occurring after: All work, including materials, parts or uipmeni furnished in connection with such -cork, on the project (odder than service, taintestanee or repairs) to be performed try or on behalf of the additional insured(s) at the location of the covered opcorations has been completed. or 2, That portion of "your work" out of which the injury or damage arises has been it to its ruled use by any person or organization other n another contractor cm subcontractor engaged in pert i:niing operations for a principal as a park 'of the same project: Sta: perties; tnc, 20 €rssamci Copy Paec 3 of t POLICY NUMBER: GL 1370304203 ERCtAL GENERAL LIABILITY CG20 37 07 04 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ED - OWNERS, LESSEES OR COMPLETED OPERATIONS This endorsement modifies ins nee provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name ofAdditlat Insured Person(s) : Location And Description of Completed Operations Or Orgartation(s) ONLY THOSE WHERE REQUIRED BY CONTRACT Information require to complete 'this Schedule, if not stover above, wilt be she in the Declarations. Section &I ffiho Is An Insured is amended to include as an additional insured the persan(s) ar organization(s) shorn in the Schedule, but only with respect to liability for "bodily irilury' or property damage" caused,! in whole or in part by`''your ask" at the location designated and ' described In the, schedule of this endorsement performed 'for that additional : insured' and included " in the products completed operations hazard CG 20 37:07.04•. 0 ISO- Propertaes> 1no., 2004 e1of1