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AGREEMENT FOR PROFESSIONAL SERVICES FOR SANITATION UTILITIES RATE STUDY UPDATES BETWEEN CITY OF MOSCOW, IDAHO AND FCS GROUP, REDMOND WASHINGTON THIS AGREEMENT FOR PROFESSIONAL SERVICES FOR SANITATION UTILITIES RATE UPDATES (hereinafter this "Agreement"), made and entered into this day of , 20-1J,Q_ by and between City of Moscow, Idaho, a municipal corporation of the State o o, 6 East Third Street, Moscow, Idaho, 83843 (hereinafter "City''), and FCS GROUP, a corporation of the State of Washington, licensed to conduct business in the State of Idaho, with offices located at 7525 166th Avenue NE, Suite D-215, Redmond, Washington, 98052 (hereinafter "Consultant"). W I T N E S S E T H: WHEREAS, City intends to develop an updated Rate Study for Sanitation Utilities pursuant to the Scope of Work and Schedule (hereinafter the "Project"); and WHEREAS, Consultant agrees to perform the various professional services required for the Project; NOW, THEREFORE, it is agreed that for and in consideration of the mutual covenants and promises between the parties hereto, that: SECTION 1 Scope of Work for Consulting Services Consultant shall furnish the following consulting services for the Project as outlined in Attachment (detailed Scope of Services) of this Agreement, which is adopted and incorporated herein and as described generally below: Preparation of a Rate Study update for Sanitation Utilities in accordance with the detailed Scope of Services. SECTION2 A. Fees and conditions for Consulting Services Maximum Costs for Basic Consulting Services Under Section 1 of this Agreement. The total cost to City for Consulting Services for the Project as described in Section 1, shall be an amount not to exceed nineteen thousand nine hundred twenty dollars ($19,920) for work performed by Consultant as shown in Attachment of this Agreement. PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP PAGE 1 OF9 2-t> I IP -024 ---PAGE BREAK--- SECTION3 B. Independent Contractor City and Consultant hereto warrant by their signatures that no employer/employee relationship is established between City and Consultant by the terms of this Agreement. It is understood by the parties hereto that Consultant is an independent contractor and, as such, neither it nor its employees, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. C. Termination of Agreement This Agreement may be terminated by Consultant upon thirty (30) days' prior written notice, should City fail to substantially perform in accordance with its terms through no fault of Consultant. City may terminate this Agreement with thirty (30) days' notice without cause and without further liability to Consultant except as designated by this Section. In the event of termination, Consultant shall be paid for services performed to termination date, including direct expense and including a percentage of the Fee set out in Section 2 of this Agreement, based upon work completed. All Deliverables, whether partially or fully completed, related to the Project produced by Consultant as part of Project services shall become the property of, and shall be surrendered to, City at or before such termination. However, City agrees that all deliverables provided or prepared by Consultant are intended for the purposes of this Agreement only and any reuse or modification of the Deliverables by City or others for any other project or purpose shall be at City's or other's sole risk and without liability to Consultant. Consultant may retain copies of all deliverables for its records. D. Extent of Agreement This Agreement may be amended only by written instrument signed by both parties hereto. E. Data of Record City shall make available to Consultant all technical data of record in City's possession required by Consultant relating to this Project. F. Termination of the Project If any portion of the Project covered by this Agreement shall be suspended, abated, abandoned or terminated, City shall pay Consultant for the services rendered to the date of such suspended, abated, abandoned or terminated work; the payment to be based, insofar as possible, on the amounts established in this Agreement or, where this Agreement cannot be applied, the payment shall be based upon a reasonable estimate as mutually agreed upon between the two parties as to the percentage of the work completed. G. City's Responsibility for Special Costs and Rights-of-Way City shall pay for all costs for obtaining licenses and permits that may be required by Federal, State, and Local authorities; and shall be responsible for securing necessary land, easements, and rights-of-way, where applicable. PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP PAGE20F9 ---PAGE BREAK--- H. Consultant's Professional Liability Insurance In performance of professional services, Consultant will use that degree of care and skill ordinarily exercised under similar circumstances by members of the consulting profession; and no warranty, either expressed or implied, is made in connection with rendering Consultant's services. Should Consultant or any of Consultant's agents or employees be found to have been negligent in the performance of professional services from which City sustains damage, Consultant has obtained Professional Liability Insurance in the amount of One Million Dollars ($1,000,000), and said insurance shall be held active for a two year (minimum) period from the date of completion of the Project. City shall receive notice of any pending termination of said insurance within five days of first notice to Consultant. I. Consultant's Additional Insurance Consultant shall maintain automobile insurance and statutory workers' compensation insurance coverage, employer's liability, and comprehensive general liability insurance coverage. The comprehensive general liability insurance shall have a minimum limit of Five Hundred Thousand Dollars ($500,000) per claim and One Million Dollars ($1,000,000) aggregate, and Consultant shall cause City to be named as an additional insured under said policy. J. Indemnification Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless City against damages, liability and costs arising from the negligent acts of Consultant in the performance of professional services under this Agreement, to the extent that Consultant is responsible for such damages, liabilities and costs on a comparative basis of fault and responsibility between Consultant and City. Consultant shall not be obligated to indemnify City for City's own negligence. K. Costs and Attorney Fees In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. L. Jurisdiction and Venue It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. M. Binding of Successors City and Consultant each bind themselves, their partners, successors, assigns, and legal representatives to the other parties to this Agreement and to the partner, successors, assigns and legal representatives of such other parties with respect to all covenants of this Agreement. N. Modification and Assignability of Agreement PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP PAGE3 OF9 ---PAGE BREAK--- This Agreement contains the entire agreement between the parties concerning the Project, and no statements, promises, or inducements made by either party, or agents of either party, are valid or binding unless contained herein. This Agreement may not be enlarged, modified, or altered except upon written agreement signed by the parties hereto. Consultant may not subcontract or assign their rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of City. Any such subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. 0. City's Representative City shall designate a representative authorized to act in behalf of City. The authorized representative shall examine the documents of the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays. P. Conflict of Interest Consultant covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the Project which would conflict in any manner or degree with the performance of services hereunder. Consultant further covenants that, in performing this Agreement, it will employ no person who has any such interest. Q. Non-Discrimination Consultant shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, gender, pregnancy, national origin, ancestry, age, marital status, veteran status, disability, sexual orientation, genetic information, or any other basis prohibited by Federal, State, or Local law. IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated above. CONSULTANT FCS GROUP er ,J Ã pk CITY City of Moscow, Idaho ATTEST: DA TED this J.6_ day of-1-Ap , 20 lit?_. PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP PAGE40F9 ---PAGE BREAK--- PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP PAGE 5 OF9 ---PAGE BREAK--- STATE OF County of PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP ACKNOWLEDGMENT PAGE60F9 ---PAGE BREAK--- ATTACHMENT CITY OF MOSCOW SANITATION RATE STUDY UPDATE The City of Moscow (City) has requested a scope and budget to update the 201112012 Sanitation rate study. The update will evaluate how the City sanitation fund is progressing when compared to the original forecast and rate strategy. In addition, the update will incorporate changes to the operations and costs since the last rate study such as implementation of a roll cart system, single stream recycling and route management system. Due to the expedited time frame that has been requested for the update, we have identified what data items the City will need to provide to complete the study. The following Scope of Services describes the tasks that FCS GROUP proposes to conduct for this study. SCOPE OF SERVICES TASK l: REVENUE REQUIREMENT UPDATE The revenue requirement is defined as the total amount of rate revenue needed to meet the total sanitation system's :financial obligations, including capital, debt service, operating, and policy-driven commitments. The rate analysis will be updated for FY 2016 and projected out 20-years. Customer Statistics and Revenue Validation - A review of the existing accounts, roll carts, tickets and tons (by material type) will be undertaken to understand the services provided by the City. The current rates for each service will be applied to the billing statistics provided to determine if reported revenue can be validated. This task will provide the information needed to calculate the anticipated revenue for both the collection and solid waste processing facility systems. Growth rates will be applied to detennine future anticipated revenue. This task will assist in confinning that any new rates proposed will generate sufficient revenue. Operating Forecast - FCS GROUP will forecast ongoing operating, maintenance, administrative, debt service, and other cash obligations based on the FY 2016 budget. We will incorporate economic factors for customer growth and any known changes in costs for O&M, capital improvement program or other known changes in operational requirements. Capital Financing Plan - Update the Capital Improvement Plan (CIP) for the sanitation fund and develop a capital financing plan using existing available resources and debt obligations, if warranted. • Update the sanitation system fund balances; operating, capital and post-closure landfill. Revenue Needs AÔsessment - The revenue needÔ assessment identifies the total revenue requirement for the total sanitation fund and separately between the collection and solid waste processing facility. The result will identify if collection and solid waste processing facility rates are sufficient to cover the individual system revenue requirements. Compare updated results to original study findings and identify changes. TASK 2: Cost of Service Update The cost of service identifies the unit costs to be charged by customer type and service level received. Since the City has implemented a new roll-cart system and single stream recycling, a cost of service will be developed for each of these new services to evaluate if existing rates are meeting PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP PAGE70F9 ---PAGE BREAK--- Sanitation Rate Study Update City of Moscow, ID March 11, 2016 the cost of providing service. The cost of service will be developed separately for the collection and solid waste processing facility operations. Collection System - The cost of service allocations will be updated for the collection system. We will incorporate new allocation factors and customer statistics for the roll-catt system and single stream recycling. The cost of service will allocate existing costs to the following functions of service: base, volume, recycling, compost, solid waste processing facility, disposa1'landfill and hazardous waste. Additional functions may be added as a result of the new service offerings. Allocation factors will be updated to include: number of accounts/services; container size, frequency of pickup and assumed weight by container size. Allocation factors will be applied to the applicable costs to determine unit cost for each collection system service. Solid waste processing facility System - The cost of service will be updated for the solid waste processing facility. There were a number of policy based decisions that were reviewed and discussed during the last rate study. The cost of service will be streamlined to include the final decisions from that process (e.g. eliminate free tonnage, implement minimum fee at scale house, etc.) The cost of service will allocate existing costs to the following functions of service: solid waste processing facility operations, disposal/landfill and direct costs to appliances, tires and asbestos. Additional functions may be added as a result of any changes to service offerings. Allocation factors will be updated to include: number of total tickets, ticket<; at minimum charge, total tons (MSW, NMSW, tires and asbestos), appliances (units) and applicable credits. Allocation factors will be applied to the applicable costs to detetmine unit cost for each solid waste processing facility fee. The result of the cost of service for each system will be unit costs by container size/tonnage/unit. We will work with the City to adjust unit costs for any policy based decisions that should be incorporated. • Compare updated results to original study findings and identify changes. TASK 3: REVIEW MEETINGS FCS GROUP will prepare for and participate in the following staff review meetings: • We will meet up to three times with the project team to review draft analyses and findings. We recommend meetings be conducted via Go-To-Meeting™ software and conference call. Go To-Meeting'IM allows all parties to view documents in real time via an Internet connection. No formal presentation to the City Council or public is included in the initial scope of services. FINANCIAL MODEL An updated copy of the Excel-based spreadsheet analysis will be provided for the City's future use. SCHEDULE The City has stated it is on an expedited schedule. Once all data has been received a 30 day completion has been requested. We have included the data needs list to help expedite the process and meet the stated deadlines. Critical to meeting this deadline is the commitment of all parties to ensure timely receipt of requested data/information; quality of data; scheduling review meetings in a timely manner; and the ability of the project team to provide policy direction for the study to move forward at key study milestones. We are willing to work collaboratively to develop a schedule that meets the City time constraints. PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP PAGE80F9 ---PAGE BREAK--- Sanitation Rate Study Update City of Moscow, ID March 11, 2016 BUDGET The total proposed level of effort to complete the Sanitation Rate Study Update is $19,920. A detail of the budget is summarized below. Our normal billing practice is to bill based on time and materials actually expended, not to exceed the total budget. Each task identifies the billable hourly rate and expected number of hours required of each consultant in order to accomplish the proposed scope of work. If we have scaled our approach oul of line with the City's expectations, we would be more than happy to negotiate the appropriate level of effort. Task Hourlv f?iiling Ral•Js: Sanitation [ask 1 - Reverue Req.iŒement Dato •:onectiory'Customer Statistics Vdidotion fosk 2- Cost of Service/Urit Costs 4 8 6 4 10 34 32 ő 5.2£0 4,480 7.990 Subtotal Soritotion Rate Study 12 20 84 116 $17,7'20 Task 3- Stoff Review Meeting; - 3 Go To Meeting; ( 1-2 hour; 2-1 hourj 4 4 12 2.3Xl TOT Al 16 88 128 519.1>20 DATA NEEDS This preliminary data needs list is provided to allow the City to begin gathering information required for the study. There may be additional data items requested once the study process begins. • FY 2016 sanitation fund budget detail for revenue and expenses. v' Identify any anticipated revenue or expense changes for future years not captured in cWTent budget • Beginning FY budget fund balances -operating, capital and post-closure landfill. • Capital improvement plan - identify each project, cost, year of anticipated construction and any funding sources anticipated (e.g. rates, grant, loans, reseives) • Current collection and solid waste processing facility fees. Provide current program fee. • data for last 12-24 months for the following: v' number of billed - 35, 60 and 95 roll carts by commercial and residential and frequency of pickup v' number of billed mechanical containers by size and frequency of pickup v' units billed the program fee • Annual growth rates for collection system and solid waste processing facility tickets/tons/units • Solid waste processing facility number of total tickets; number of minimum charge tickets • Last 12-24 months of tons for MSW, NMSW, tires, asbestos, compost, recycling and units of appliances • Contract cost for collection, disposal/landfill, recycling, etc. Last 12 months of billings would likely provide this information. • University ofldaho billings for last 12-months. PROFESSIONAL SERVICES AGREEMENT CITY AND FCS GROUP PAGE90F9 ---PAGE BREAK--- PRODUCER SHINSTROM & NORMAN, INC. P.O. BOX 638 KIRKLAND, WA 98083 INSURED FINANCIAL CONSULTING SOLUTIONS GROUP 7525 166TH AVE. NE, STE #D-215 REDMOND, WA 98052 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A COMPANY B COMPANY c COMPANIES AFFORDING COVERAGE 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 CL.AIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE (MMIDDIVVI DATE (MM/DD/VY) LIMITS GENERAi. LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY PRODUCTS ·COMP/OP AGG CLAIMS MADE OCCUR PERSONAL & ADV INJURY A OWNER'S & CONTRACTOR'S PROT 02CE223291 09/20/15 09/20/16 EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A HIRED AUTOS 02CE223291 09/20/15 09/20/16 BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE A UMBRELLA FORM 01SU425565 09/20/15 09/20/16 AGGREGATE OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A THE PROPRIETOR/ INCL 02CE223291 09/20/15 09/20/16 EL DISEASE - POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL El DISEASE - EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS THE CERTIFICATE HOLDER IS INCLUDED AS PRIMARY.ADDITIONAL INSURED FORM CG7680 APPLIES. WAIVER OF SUBROGATION INCLUDED PER FORM CG7635. CITY OF MOSCOW 206 E. 3RD ST. MOSCOW, ID 83843 SHOULD ANY OF THE Al!OVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL • ITS AGENTS OR REPRESENTATIVES. ---PAGE BREAK--- I ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNY) .4 /7 /?n1 Ő PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Shinstrom & Norman Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 638 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kirkland, WA 98083 INSURERS AFFORDING COVERAGE t JJ.?c;\ '1?7-e:?nn INSURED FINANCIAL CONSULTING SOLUTIONS INSURER A: }J'Jl l"f1 T f"l}.1'71, T _i l'"'l'"'IMDœNY - GROUP, INC INSURERB: 7525 166TH AVE. NE, SUITE D-215 INSURER C: REDMOND, WA 98052 INSURER D: I INSURERE: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ir: TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1--D CLAIMS MADE D OCCUR - - - GEN'L AGGREGATE LIMIT APPLIES PER: 1 POLICY n y-r n LOC AUTOMOBILE LIABILITY - ANY AUTO - ALL OWNED AUTOS - SCHEDULED AUTOS - HIRED AUTOS - NON-OWNED AUTOS - - GARAGE LIABILITY =i ANY AUTO EXCESS LIABILITY QoccuR D CLAIMS MADE q DEDUCTIBLE RETENTION $ WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY A OTHER PROFESSIONAL T.T:llTT,TTY POLICY NUMBER 09550B154APL ("'T.&TMC! M&n"IO' FORM 07/12/15 07/12/16 LIMITS EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ 1 lt,krn1¥s 1 luER'- EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ E.L, DISEASE - POLICY LIMIT $ 000, 000 EACH CLAIM 000, 000 AGGREGATE s nnn ".,JTRT.li' DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RETROACTIVE DATE: 7/26/1988 CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CITY OF MOSCOW 206 E. 3RD ST. MOSCOW, ID 83843 I ACORD 25-S (7/97) CANCELLATION SHOULD ANY OF TIIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIG J7R LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESErfTATIVES AUTHORIZE NTATIVE u L ©ACORD CORPORATION 1988 ---PAGE BREAK--- - iiiiii - Ŏ - - - ŏ - - - - - - = ; . . O£i'l 76 80 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART $CHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRAC%, AGREEMENT OR PERMIT TO PROVIDE A PRIMARY AND NON CONTRIBUTORY ADDITIONAL INSURED ENDORSEMENT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person or organization shown in the Schedule subject to the following provisions: 1. The additional insured is an insured but only for liability directly resulting from: a. your ongoing operations for the additional in sured whether the work is performed by you or for you; or b. the general supervision of your ongoing op erations by the additional insured. 2. This insurance does not apply to: a. "Bodily injury" or "property damage" arising out of any act or omission of, or for defects in design furnished by or for, the additional insured or b. "Bodily injury" or "property damage" in cluded within the "products-completed oper ations hazard. n A person's or organization's status as an additional insured under this endorsement ends when your op erations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on CG 76801002 you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi ples of comparative fault The insurance provided will not exceed the lesser of: a. The coverage and/or limits of this policy, or b. The coverage and/or limits · required by the contract, agreement or permit. With respect to the insurance afforded the additional insured, paragraph 4. of SECTION IV - COMMER CIAL GENERAL LIABILITY CONDITIONS is de.: feted and replaced by the following: 4. Other Insurance a. This insurance is primary and noncontrib utory, and our obligations are not affected by any other insurance where the additional in sured is the Named Insured, whether pri mary, excess, contingent, or on any other basis; however, the defense of any claim or "suit" must be tendered as soon as practi cable to all other insurers which potentially provide insurance for such claim or "suit". b. This additional provision applies only to the additional insured shown in the Schedule and the coverage provided by this endorse ment. EP C·AG-24.PRIHlOOl-3322.0031