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16-060.00 Sargent Engineers: Bridge & Structural Consulting 11.-.0LP eui 1 Local Agency Professional Services 9► Y Negotiated Hourly Rate Consultant Agreement Agreement Number: 16-060 Does this Require DES filing? 0 Yes 0 No Firm/Organization Legal Name(do not use dba's): Sargent Engineer's, Inc. Address Federal Aid Number 320 Ronlee Lane NW, Olympia,WA 98502 . N/A UBI Number Federal TIN or SSN Number 600560818 ' REDACTED Execution Date Completion Date 4/\, Lt' 12/31/2017 1099 Form Required Federal Participation 0 Yes Q No 0 Yes 0 No Project Title i 2016-17 On-Call Bridge& Structural Consulting Services Description of Work On-Call Services as defined in Exhibit A. t i This document contains confidential tax information and ( has been redacted pursuant to RCW 82.32.330. 3 1 You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review r pursuant to RCW 42.56.550. Yes % Q No DBE Participation Maximum Amount Payable: $25,000.00 0 Yes % Q No MBE Participation s 0 Yes % 0 No WBE Participation Yes % 0 No SBE Participation r 1 i Index of Exhibits 4 t Exhibit A Scope of Work 1 Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents i Exhibit H Liability Insurance Increase ( Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: 16-060 r4 1 I Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14 RPvL call 411 n/21)15 € J THIS AGREEMENT, made and entered into as shown in the"Execution Date"box on page one(1) of this AGREEMENT, between the City of Spokane Valley hereinafter called the "AGENCY,"and the"Firm/Organization Name"referenced on page one (1) of this AGREEMENT, hereinafter called the"CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. The Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. TANT anysub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, The CONSUL p Y rules, codes,regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14 RRviead 4/1n/2n15 1 Participation for Disadvantaged Business Enterprises (DBE)or Small Business Enterprises (SBE), if required, per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the 1 commencement of this AGREEMENT,the amounts authorized to each firm and their certification number will 1 be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY's"DBE Program Participation Plan"and perform a minimum of 30% of the total amount i of this AGREEMENT. It is recommended,but not required,that non-DBE Prime CONSULTANTS perform 1 a minimum of 30%of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. i All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. 1 i All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications,documents, and other work products, including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. L Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail,return receipt requested, or(ii) by email or facsimile,to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Christine Bainbridge, City Clerk Name: Erik Martin Agency: City of Spokane Valley Agency: Sargent Engineer's, Inc. Address: 11707 E Sprague Ave., Ste. 106 Address: 320 Ronlee Lane NWo City: Spokane Valley State: WA Zip: 99206 City: Olympia State: WA Zip: 98502 Email: cbainbridge@spokanevalley.org Email: erikm@sargentengineers.com 1 Phone: (509) 720-5102 Phone: (360) 867-9284 Facsimile: (509) 688-0295 Facsimile: (360) 867-9318 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services (DES) I pursuant to RCW 39.26.140. If such approval is required by DES,this AGREEMENT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin,nor payment made until ten(10) or more working days following the date of filing, and until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." { The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of i unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established 1 completion time. € 8 1 3 Agreement Number: 16-060 i Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 RPviCP.rl 11/11)/2n15 1 i i I V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT 1 as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES E rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete SERVICES. 1 The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). R A. Hourly Rates: Hourly rates are comprised of the following elements-Direct(Raw) Labor,Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits"D"and"E"attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's g direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated k rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of,this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgement, to 180 days following the CONSULTANT's fiscal year end(FYE) date. i The direct(raw) labor rates and classifications, as shown on Exhibits "D"and"E" shall be subject to renegotiations for each subsequent twelve (12)month period (180 days following FYE date to 180 days a following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written 1 request is made,the current direct(raw) labor rates and classifications as shown on Exhibits"D"and "E", will remain in effect for the twelve (12)month period. i Conversely, if a timely request is made in the manner set forth above,the parties will commence negotiations 1 to determine the new direct(raw) labor rates and classifications that will be applicable for the twelve (12) y month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement I between the parties. Such final written acknowledgement shall be incorporated into, and become a part of,this AGREEMENT. If requested,the CONSULTANT shall provide current payroll register and classifications to aid { t in negotiations. If the parties cannot reach an agreement on the direct(raw)labor rates and classifications,the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct(raw) labor rates and classifications that will be applicable for the twelve (12)month period. i The fixed fee as identified in Exhibits "D"and"E" shall represent a value to be applied throughout the life of the AGREEMENT. 1 The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year 1 rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve(12)month period. These requests for provisional indirect cost 1 rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgement. 3 , The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct(raw) labor, indirect cost rate, and fixed fee (profit)percentage. The CONSULTANT E shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. 1 i 3 i Agreement Number: 16-060 s Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 RPvjcad 4/10/2n1Fi i i s , B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. 3 These charges may include,but are not limited to,the following items: travel, printing, long distance telephone, b supplies, computer charges. The CONSULTANT shall comply with the rules and regulations regarding travel 1 costs (excluding air, train, and rental car costs) in accordance with the WSDOT'S Accounting Manual M 13- 82, Chapter 10—Travel Rules and Procedures, and all revisions thereto. Air, train and rental card costs shall x be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs."The billing for direct non-salary costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of { the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be I necessary for the SERVICES provided under this AGREEMENT. x C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) 1 The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. t C D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in s A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates 5 established in Exhibit"D," including names and classifications of all employees, and billings for all direct non- i salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, € the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E,plans, maps,notes, reports, electronic data, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT I may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the 1 AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may € pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to ! the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute i a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of ; overpayment. Per the WSDOT's "Audit Guide for Consultants,"Chapter 23 "Resolution Procedures,"the i CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process i to the AGENCY for audit findings. f s F. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection g by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, 1 or related to this AGREEMENT is initiated before the expiration of the six(6)year period,the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. I Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 a Ravicarl 4/1 n/2n1.5 1 I i VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by this reference made part of this AGREEMENT. I The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY No permission for subcontracting shall create, between the AGENCY I and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit`E"attached I hereto and by this reference made part of this AGREEMENT. i The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each Task Order unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant I shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be i memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require I each sub-consultant or subcontractor, of any tier,to abide by the terms and conditions of this AGREEMENT. With t respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the i CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result 1 in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. I a VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona , fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any 1 fee, commission,percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul s this AGREEMENT without liability or, in its discretion,to deduct from this AGREEMENT price or consideration I or otherwise recover the full amount of such fee, commission,percentage,brokerage fee, gift, or contingent fee. a Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work 1 or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made r by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. { The CONSULTANT shall not engage, on a full-or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly s retired employees, without written consent of the public employer of such person if he/she will be working on this Y AGREEMENT for the CONSULTANT. Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 i Rpvicprl 4/1n/21)15 VIII. Nondiscrimination During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • (42 U.S.C. Chapter 76 § 6101 et. seq.) RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit "F"attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F"in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten(10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 RPvigPri 4/11)/21)15 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." Xl. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes,regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington(STATE), the AGENCY and their officers and employees harmless from all claims, demands,or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 RAviged 4Hn/2nis E 1 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and/or the AGENCY,their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, : sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and(b)the STATE and/or the AGENCY, its agents, officers, employees, sub-consultants, subcontractors I and or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable, 1 the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or 4 vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall 1 be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of 1 any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers I and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, j proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the a CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any 1 use in connection with the AGREEMENT of methods,processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY,its agents, officers and employees pursuant to the AGREEMENT; r provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how, copyright rights or inventions resulting from STATE's and/or the AGENCY's,their agents', officers'and employees'failure to comply r with specific written instructions regarding use provided to STATE and/or the AGENCY,their agents, officers and i employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. 1 i The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. r Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or 1 any similar statute involving the CONSULTANT in the procurement of, or performance under,this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 i RCW. This waiver has been mutually negotiated by the Parties. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of I construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable # supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULT ANT shall assume no responsibility for: proper , construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance t with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise } required,the following insurance with companies or through sources approved by the State Insurance , Commissioner pursuant to Title 48 RCW. Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14 PaV;SPri anni2ms 1 i Insurance Coverage x A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. 5 i C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for t any"Auto" (Symbol 1)used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. i Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY,their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured(the"AIs"),with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with,the additional insured 1 coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the i execution of this AGREEMENT to: i i Name: Christine Bainbridge, City Clerk i Agency: City of Spokane Valley E Address: 11707 E Sprague Ave., Ste. 106 City: Spokane Valley State: WA Zip: 99206 / Email: cbainbridge@spokanevalley.org Phone: (509) 720-5102 i Facsimile: (509) 688-0295 ' No cancellation of the foregoing policies shall be effective without thirty(30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX"Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the , authorized AGREEMENT or one million dollars($1,000,000.00),whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to 4 third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. i The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. g a 6 e i Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 RPI/kPrI 4/1 ni2m.5 R I 1 XIII. Extra Work E i A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,performance of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise l affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms t and shall modify this AGREEMENT accordingly. i C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as "CLAIM," I under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. 1 D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However,nothing 3 in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. i E. Notwithstanding the terms and conditions of paragraphs (A.) and(B.) above,the maximum amount payable for i this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement i to this AGREEMENT. XIV. Endorsement of Plans i If applicable,the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering 1 data furnished by them. 3 3 XV. Federal Review 1 z i The Federal Highway Administration shall have the right to participate in the review or examination of the i SERVICES in progress. 1 XVI. Certification of the Consultant and the AGENCY x Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit ; "G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's 1 over one hundred thousand dollars ($100,000.00)and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements"prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement s This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or { be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or i modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement o to this AGREEMENT. y I I Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14 i RPvisad 41/1n/2n/5 I 4 s XVIII. Execution and Acceptance e This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and s conditions thereof. 1 5 XIX. Protection of Confidential Information i i The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes("State's Confidential Information"). The"State's Confidential Information"includes,but is 1 not limited to,names, addresses, Social Security numbers, e-mail addresses,telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data,non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE i and AGENCY security data, or information which may jeopardize any part of the project that relates to any of 3 these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest j confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish,transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. i Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s) for which + the State's Confidential Information was received; who received,maintained and used the State's Confidential i Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall 1 be subject to inspection,review, or audit upon reasonable notice from the AGENCY. d The AGENCY reserves the right to monitor,audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or f investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information,monetary damages, or penalties. s 4 1 It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the 1 confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 RPvicari 4/1ni2n/.5 1 Id The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential i and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such i confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully g disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii)is independently developed by or for the other party; (iv)is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. A The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ t or confidential or otherwise exempt,unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent 1 jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. 1 The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure k I the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain 1 a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants'information. i XIX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)years F from the date of final payment to the CONSULTANT,the CONSULTANT shall keep,retain and maintain all 1 "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past a the six(6)year retention period. 1 For purposes of this AGREEMENT,"documents"means every writing or record of every type and description, including electronically stored information("ESI"),that is in the possession, control, or custody of the CONSULTANT, including,without limitation, any and all correspondences, contracts,AGREEMENT 's, appraisals,plans, designs, data, surveys,maps, spreadsheets,memoranda, stenographic or handwritten 1 notes,reports,records,telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts,notes, drafts, scribblings,recordings,visual displays,photographs, minutes of meetings, i tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or 1 telephone conversations, and any and all other taped,recorded,written,printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession,custody, or control of the i CONSULTANT, and every copy of any of the foregoing,whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. 1 Agreement Number: 16-060 3 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14 4 Rpvicad 4/1 n/2nms For purposes of this AGREEMENT,"ESP"means any and all computer data or electronic recorded media of any kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined,either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email,Outlook,Word,Excel,Access,Publisher, PowerPoint,Adobe Acrobat, SQL databases,or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers,backup tapes,smart phones,thumb drives, CDs, DVDs,floppy disks,work computers,cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created,viewed,and/or modified. The CONSULTANT shall include this section XX"Records Maintenance"in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms,unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. 03/23/2016 re Date (a* Cj 4u cth >— l 2 g Q� I Si nature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 16-060 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14 apvi e,d 4111)i21)1R i 8 Exhibit A i Scope of Work 1 1 Project No. N/A I i i t On-Call tasks shall be initiated by the AGENCY. Tasks may be completed on a time and materials basis as requested or through an approved scope and fee by the AGENCY. Each task shall be tracked separately for invoicing. i Consultant Staff will be provided to the Agency for performing the following duties in conformance with WSDOT Standard Specifications, WSDOT Construction Manual and Project Contract Specifications: -Bridge engineering consultation, design, analysis, evaluation,inspection& load rating. -Structural engineering consultation, design, analysis, evaluation&observation. -Preparation of plans, specifications,and estimates (PS&E) for the above items. 1 These duties may be performed on the projects listed below, additional projects may be included as defined by the Agency: -Sullivan Road West Bridge -ITS Infill Project -Saltese/Sullivan Traffic Signal -Pines/Mirabeau Traffic Signal -Barker Road/BNSF Grade Separation -Pines(SR27)/BNSF Underpass 1 -Bowdish Sidewalk- 8th to 12th -Argonne Rd Bridge Widening over 1-90 -Sullivan/Euclid Concrete Intersection -8th/Carnahan Intersection Improvements -Mission Ave. -Flora Rd. to Barker Rd. -Park Road#2-Broadway to Indiana ti -Citywide Safety Improvements (Bike/Ped) -Blake Rd Sidewalk—8th to Appleway Trail -McDonald Rd Safety Improvement Project -Fancher Bridge#3502 Joint Replacement -Sprague/Barker Intersection Improvements -Spokane Valley Bridge Bearing Replacement Program E -Park Road Sidewalk Project- Sinto Ave. to Indiana Ave. -Sullivan Corridor ITS -I-90 to Trent(SR 290) t -Barker Road Improvements- South City Limits to Appleway -Broadway at Argonne/Mullan Concrete Intersections -Appleway Trail Phase 3 -Evergreen to Corbin [ -Argonne Road Concrete Pavement-I-90 to Montgomery -Appleway Trail Phase 4 -University Rd.to Balfour Park I -Barker Road Improvement Project-Appleway to 1-90 1 -Barker Rd- Euclid to 0.1 mi. S. of Trent Ave(SR 290) -Barker Rd Improvement Project- Spokane River to Euclid -Broadway Improvement Project-Flora to Barker -Sullivan Road North Extension(Bigelow Gulch) -2016, 2017,2018, 2019, & 2020 Street Preservation Projects -Evergreen/Indiana Transit Access Imp project -Seth Woodard Elementary Sidewalk Imp Project -Appleway Preservation—Park to Dishman Mica R s i E 1 Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Ravicpft 1n/.4n/2n1a G i Exhibit B DBE Participation 1 Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit B Page 1 of 1 RAI/kw-1 n/20/2n1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design&Plans Preparation Section A. Survey Data B. Roadway Design Files a li yr pp3 p�p G I C. Computer Aided Drafting Files 6 I Agreement Number: 16-060 } WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revi orl9n/_3n/2n1a 1 D. Specify the Agency's Right to Review Product with the Consultant The Agency has the right to review all field records; laboratory test results; and equipment,personnel and laboratory accreditations. E. Specify the Electronic Deliverables to Be Provided to the Agency PDF copies of all test results 5 F. Specify What Agency Furnished Services and Information Is to Be Provided City shall provide Project Contract provisions and Plans in PDF format HQ� F gg� Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 RAvicad 1ni2ni2nf4 1 II. Any Other Electronic Files to Be Provided ii III. Methods to Electronically Exchange Data Email or FTP site ' k WSDOT Form 140-089 EF Exhibit C Page 3 of 4 P u eri 1n/2fl/2Md A. Agency Software Suite MS Office, AutoCAD B. Electronic Messaging System MS Outlook C. File Transfers Format FTP 1 5 WSDOT Form 140-089 EF Exhibit C Page 4 of 4 RPviead ln/3n/2nia DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The one page(s) entitled “Exhibit D / Prime Consultant Cost Computations” contain(s) confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The one page(s) entitled “Breakdown of Overhead Cost” contain(s) confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The four page(s) entitled “Sargent Engineers, Inc. Indirect Cost Rate for Fiscal Year Ended December 31, 2014” contain(s) confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit E Sub-consultant Cost Computations I There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. p2 { yy� Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Raviearl 1ni4ni2n1a I Exhibit F Title VI Assurances f I 9 During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: i 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, 1 Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 1 2. Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT, I shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed t under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the AGENCY,the STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through ' (5) in every subcontract, including procurement of materials and leases of equipment,unless exempt by the i REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with i respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means 1 of enforcing such provisions including sanctions for non-compliance. 1 1 Provided, however,that in the event a CONSULTANT becomes involved in, or is threatened with, 1 litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in i addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: 16-060 4 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 t RPvicari 1n/sn/2n14 j Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data II Zt }b I A 3 pk pf yF[b Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 RPvicpr!1!1/.2012fl1d Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Sargent Engineer's, Inc. whose address is 520 Ronlee Lane NW,Olympia, WA 98502 and that neither the above firm nor I have: a) Employed or retained for a commission,percentage, brokerage, contingent fee, or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid,or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT) any fee,contribution, donation,or consideration of any kind for, or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be furnished to the City of Spokane Valley and the Federal Highway Administration,U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Sargent Engineer's, Inc. Consultant(Firm Name) "/ . el— 03/23/2016 Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 RavicPd In/2n/2M4 Exhibit G-1(b) Certification of Agency Official I hereby certify that I am the: Capital Improvement Program Manager ❑ Other of the City of Spokane Valley, WA , and Sargent Engineer's, Inc. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm,person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the Washington Department of Transportation and the Federal Highway Administration,U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws,both criminal and civil. 1 /4/y/G.--O 14, 41 Signature Date 1 } yk rq� qC 57i Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 RPvi od 1n/_4n/2n14 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three(3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State,or local)transaction or contract under a public transaction;violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Sargent Engineer's, Inc. Consultant(Firm Name) ���' 13/23/2016 Signature(Authorized Official of Consultant) Date Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 RAvicpri lona/mid Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative AGREEMENT,and the extension, continuation,renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant,loan or cooperative AGREEMENT,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00, and not more than$100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed$100,000, and that all such sub-recipients shall certify and disclose accordingly. Sargent Engineer's, Inc. g g Consultant(Firm Name) .....""5"0011103/23/2016 Signature(Authorized Official of Consultant) Date Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 aavrc.arr 16171)/2(J141 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief,the cost or pricing data(as defined in section 2.101 of the Federal Acquisition.Regulation(FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing,to the Contracting Officer or to the Contracting Officer's representative in support of 2016-17 On-Call Consulting Services * are accurate, complete,and current as of March 23, 2016 **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Sargent Engineer's, Inc. Principal Si6rtah e Title Date of Execution***: *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Ravinarl an/.?n/2n1a • 1 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII,Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract,whichever is greater, then justification shall be submitted to the Federal Highway Administration(FHWA)for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost,reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts,include this exhibit. 5 Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit H Page 1 of 1 4 aPv«Pd 1ni'ni2n1a i t Exhibit I 1 Alleged Consultant Design Error Procedures I i i The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a i nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage , R due to the alleged error by the consultant. I Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's i project manager to notify the Director of Public Works or Agency Engineer regarding the potential design 1 error(s). For federally funded projects,the Region Local Programs Engineer should be informed and I involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor,materials and equipment. 1 a Step 3 Contact the Consultant Regarding the Alleged Design Error(s) ii If it is determined that there is a need to proceed further, the next step in the process is for the project 1 manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged k error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) a deemed appropriate for the alleged design error(s) issue. 4 i Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: i • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. i • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives,negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP,through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments,if any, as to how the settlement affects federal 1 reimbursements.No further action is required. • . There is not a mutual agreement regarding the alleged consultant design g error(s). The consultant may I request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5. 1 Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Ravisprl l ntQn/2n14 i Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary,LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs • for federal reimbursement. ti • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. 1 a 3 eE tl pq� Sy� Y f {si rV Agreement Number: 16-060 WSDOT Form 140-089 EF Exhibit/ Page 2 of 2 RP.V%CPrl 1 n/.4n/2n1 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed 1 is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation step1,the next stepin the process is to forward the request to the After the consultant has completed q Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo,including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Agreement Number: 16-060 Page of2 WSDOT Form 140-089 EF Exhibit J Pa 9 Reuieor!1n/.4n/N1/a Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; 1 • Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation,payment will need to be from agency funds. 1 Step 5 Informing Consultant of Decision Regarding the Claim 1 The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 1 1 { Agreement Number: 16-060 a. WSDOT Form 140-089 EF Exhibit J Page 2 of 2 RevicPrl in/so/2n1 SARGENG-01 NCHRISTIANSEN ACORD° DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 3/29/2016 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Dalles Office PHONE 541 296-2268 FAX 541 296-9427 PayneWest Insurance,Inc. (NC,No,Ext):( ) (ac,No):( ) P.O.Box 1940 ADDRESS: The Dalles,OR 97058 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:U.S.Specialty Insurance Co INSURED INSURER B: Sargent Engineers,Inc INSURER C: 320 Ron lee Lane NW INSURER D: Olympia,WA 98502 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. INSROLICY EXP TYPE OF INSURANCE INSD DDL SWVD POLICY NUMBER (MUBR M/DD /YYYY) (LICY EFF MM/DD//YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE 10 REM $ _ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JET LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR _EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'UABILITYY/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab USS1526026 08/16/2015 08/16/2016 Ea claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project:2016-17 On-Call Bridge&Structural Consulting Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave.,Ste.106 Spokane,WA 99206 AUTHORIZED REPRESENTATIVE cytA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD �,.1 SARGENG-01 NCHRISTIANSEN A.COR 0' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/29/2016 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Dalles Office PHONE541 296-2268 FAX (541)296-9427 PayneWest Insurance,Inc. (A/C No,Ext): ) (A/C,Na): P.O.Box 1940 AADDRESS: The Dalles,OR 97058 INSURERS)AFFORDING COVERAGE NAIC I/ INSURERA:Hartford Casualty Insurance Co 29424 INSURED INSURER B: Sargent Engineers,Inc INSURER C: 320 Ronlee Lane NW INSURER D: Olympia,WA 98502 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 POLICIESLIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AI SD NAM POLICY NUMBER (MMIDD/YYFI Y) (MM!D/D/YY YYY) UMITS A X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 52SBAVW7185 02/21/2016 02/21/2017 PREMISES(Eaocwrceme) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY n JECT n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA Stop Gap $ 1,000,000 AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO 52UECIV4082 02/21/2016 02/21/2017 BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _AUTOS HIRED AUTOS _ EED PROPERTY DAMAGE $ AUTOS (Per accident) 5 X UMBRELLA LIAB fX OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE 52SBAVW7185 02/21/2016 02/21/2017 AGGREGATE 5 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION STRTUTE ERH i H- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE nN l A E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Project:A2016-17 On-Call Bridge&Structural Consulting Services City of Spokane Valley is an additional insured on the General and Automobile Liability with respect to the work performed for the City under written contract pursuant to the attached endorsements SS 00 08 04 05&HA 9916 0312.This insurance coverage shall be primary insurance with respect to City.Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it where required by written contract pursuant to the attached endorsements SS 00 08 04 05&HA 9916 0312. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave.,Ste 106 Spokane,WA 99206 AUTHORIZED REPRESENTATIVE citi\ 1 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1.-WHO IS AN INSURED-of partnership or joint venture,formed as a Section II -Liability Coverage is amended to subsidiary In which you have an add: ownership interest of more than 50%on e. The lessor of a covered"auto"while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1.-WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured"under any other f. When you have agreed, in a written policy, contract or written agreement,that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy,or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured",but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury"or"property damage"caused injury"or"property damage"that results by the conduct of an "insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto." Paragraph A.1. -WHO IS AN INSURED-of SECTION II - LIABILITY COVERAGE is amended to add: ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs(3)and(4)do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (2) The total of all deductible and self-Insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total loss" to a insurance In-force covering all of your covered"auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the"auto"at the time of the"loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor; costs for extended we will pay for "loss" to any hired warranties,credit life Insurance, health,accident The The mosto: or disability insurance purchased with the loan or "autlease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage.No deductible applies to"loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions,we will provide coverage EXCLUSIONS -of SECTION III-PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently Installed in or upon any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members(if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and(2)above;or ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section ill — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 Is the most we will pay for"loss"in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV- BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss",is: an"accident"applies only when the"accident"is known to: (1)Permanently installed in or upon the covered "auto" in a housing, (1) You,if you are an individual; opening or other location that is not (2) A partner,if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager,if (2)Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment If you unintentionally fail to disclose any hazards existing at the inception date of your policy,we c.For each covered"auto",should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or$250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's"responsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a"suit,"the"suit"is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV- Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III- - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc.,with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of"bodily injury" in SECTION V- a.A"non-hybrid"auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies as follows: combustion engine to charge one or more exceptelectric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an"auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In the event of a total loss to a"non-hybrid"auto In addition to the actual cash value of the"auto", we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under which are displayed on the covered"auto"at the this Coverage Form, then such Physical time of total loss. Regardless of the number of Damage Coverages are amended as follows: autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500,of the"non-hybrid"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc.,with its permission.) Page 5 of 5 1 - , 4Y4 £htt 0 0 File Edit View Favorites Tools Help m Brid... WSDO... bid Bid... 6,1 ftp.... Capi... Elk GoZa... ICMA... )2 KREM j Radio SCCU Time— gg Face... 01 Pete... PASSWORD MANI- Forsot Password, I LOG IN ' SYSTEM INDRAWARDMANAGEMEN1 Create an Account HOME SEARCH RECORDS DATA ACCESS GENERAL INFO HELP SARGENT ENGINEERS INC 320 RON'-FT LNNW Entity Dashboard DUNS: 135953032 CAGE Code: 1DZW9 OLYMPIA,WA,98502-9241, Status:Active UNITED STATES Expiration Date:03/16/2017 Entity Overview Purpose of Registration:All Awards Entity Record I Entity Overview • Core Data • Assertions Entity Information • Reps 8.r.Certs Name:SARGENT ENGINEERS INC r P_Ocs Business Type:Business or Organization • Reports POC Name:Janice Smith Registration Status:Active . Service Contract Report Activation Date:03/17/2016 • BioPreferred Report Expiration Date.0346/2017 . Exclusions . Active Exclusions Exclusions • Inactive Exclusions Active Exclusion Records?No . Excluded Family Members r RETURN TO SEARCH I - - -- SAM I System for Award Management i.o IBM vt2.46.20160226-1435 rAPHS Ug OV Note to all Users:This Is a Federal Government computer \ system.Use of this system constitutes consent to monitoring 111111MIn et-100% ••• Le- tPo SARGENG-01 NCHRISTIANSEN ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/12/2016 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Dalles Office PHONEFAX (NC.No,Ext):(541)296-2268 (NC,No): (541)296-9427 Pa newest Insurance,Inc. E-MAIL P.O.Box 1940 ADDRESS: The Dalles,OR 97058 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Co 29424 INSURED INSURER B: Sargent Engineers,Inc INSURER C: 320 Ronlee Lane NW INSURER D: Olympia,WA 98502 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 FF POLICY EXP LTR TYPE OF INSURANCE AINSD DDL SVD POLICY NUMBER (MUBR M/D /YLICY E WYYY) (MM/DD//YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 52SBAVW7185 02/21/2016 02/21/2017 PREM SES Ea occu ence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA Stop Gap $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO 52UECIV4082 02/21/2016 02/21/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS AUTOS (Per PROPERTY DAMAGE $ Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE 52SBAVW7185 02/21/2016 02/21/2017 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley is an additional insured as per written contract or agreement between the insured and their client(City of Spokane Valley)on the general liability policy and automobile liability as respects to liability arising out of activities by or on behalf of the named insured pursuant to the attached endorsements SS 00 08 04 05&HA 99 16 03 12. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyPublic Works Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Devon Nickerson 11707 E Sprague Ave,Ste 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE utA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM (b)Rented to,in the care,custody or b. Coverage under this provision does not contract,written agreement or because of a (e)Any failure to make such control of,or over which physical apply to: permit issued by a state or political inspections,adjustments,tests or control is being exercised for any (1) "Bodily injury"or"properly damage' subdivision,that such person or organization servicing as the vendor has purpose by you, any of your that occurred;or be added as an additional insured on your agreed to make or normally employees','volunteer workers', policy,provided the injury or damage occurs undertakes to make in the usual (2) "Personal and advertising injury" any partner or member(if you are arising out of en offense committed subsequent to the execution of the contractor course of business,in connection a partnership or joint venture),or agreement,or the Issuance of the permit. with the distribution or sale of the any member(if you are a limited before you acquired or formed the products; liability company). organization. A person or organization is an additional insured under this provision only for that (1) Demonstration, installation, b. Real Estate Manager 4. Operator Of Mobile Equipment period of time required by the contract, servicing or repair operations, Any person(other than your"employee"or With respect to'mobile equipment"registered in agreement or permit. except such operations performed "volunteer worker"),or any organization your none under any motor vehicle registration However,no such person or organization is an at the veith t premises in w while acting as your real estate manager. law,any person is an insured we driving such additional insured under this provision f such connection with the sale of the c. Temporary Custodians Of Your equipment along a public highway with your person or organization is included as an product; Property percussion. My other person or organization additional insured by an endorsement issued (B)Products which,after distribution responsile for the conduct of such person is by us and made a pad of this Coverage Part, or sale by you,have been labeled Any person or organization having proper also an insured,but only with respect to liability including all persons or organizations added or relabeled or used as a temporary custody of your properly if you arising out of the operation of thespecific container,pad or ingredient of any die,but only; equipment,and as additional insureds under the y only f no other insurance of any kind's avalable additional insured coverage grants in Section other thing or substance by or for (1) With respect to lability arising out of the to that person or organization for this liability. F.—Optional Additional Insured Coverages. the vendor,or maintenance or use of Nal property;and However,no person or organization is an insured a. Vendors (h)'Bodily injury" or 'property (2) Until your legal representative has wdh respect o: damage"arising out of the sole been appointed. a. "Bodily injury"to a co-"employee'of the Any persm(s)m organization(s)(retuned b negligence of the vendor for tis below as vendor),but only with respect to 0. Legal Representative tf You Die person driving the equipment or "body injury'or"property damage'arising own acts or scissions or those of Your legal representative f you da,but b. "Property damage"to property owned by, out of yon products"which am distributed its on be or anyone else only with respect to dirties as such. That rented to,in the charge of or occupied by or sold'n the regular course of the vendor's acting on its behalf.However,this representative will have all your rights and you or the employer of any person who is business and only if this Coverage Pad exclusion does not apply to: duties under this insurance. an insured under this provision. provides coverage for 'badly injury" or (i) The exceptions contained in e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft "properly damage" included within the Subparagraphs(d)or(f);or My subsidiary and subsidiary thereof,of Wth respect to watercraft you do not own that "podudsconyleted operations hazard". (ii)Such ircpections,adfustments, yours which is a legally incorporated entity is less than 51 feet long and is not being used (1) The insurance afforded to the vendor tests or seo til as the vendor of which you own a financial interest of to carry persons fora charge,any person is an is subject to the following additional has agreed ed tto make or normally more than 50%of the voting stock on the insured while operating such watercraft with exclusions: undertakes to make in the usual effective date of this Coverage Part. your permission. Any other person or This insurance does not apply to: muse of business, it organization responsible for the conduct of ection with the distribution insurance afforded herein for any (a)"Bodily injury" or "property or sale of the products. such person is also an insured,but only with subsidiary not shown in the Declarations damage'for which the vendor is respect to lability arising out of the operation (2) This insurance does not apply to any as a named insured does not apply to obligated to pay damages of the watercraft and only If no other g insured person or organization from injury or damage with respect to which an reason of the assumption of insurance of any kind is available to that wham you have acquired such Products, insured under this insurance is also an liability in a contractor agreement. person or organization for this liability. or any ingredient, part or container, insured under another policy or would be This exclusion does not apply o entering into, accompanying or an insured under such policy but for its However,no person or organization is an liability for damages that the containing such products. temninalion or upon the exhaustion of its insured with respect to: vendor would have in the absence Omits of insurance. a. "Bodily injury"to a co-"employee"of the of the contract or agreement; b. Lessors Of Equipment 3. Newly Acquired Or Formed Organization person operating the watercraft;or (6)Any express warranty (1) Any person or organization front Any organization you newt'acquire or foram, b. "Property damage'to properly owned by, unauthorized by you; whom you lease equipment but only other than a partnership, joint venture o rented o,in the charge of or occupied by (c)Any physical or chemical change with respect to their lability for bodily limited labilitycora youor the employer of anyperson who is injury', "property damage' or company,and over which you Y in the product made intentionally "personal and advertising injury" maintain financial interest of more than 50%of an insured under this provision. by the vendor, caused,in whole or in pad,by your the voting stock,will qualify as a Named 6. Additional Insureds When Required By. (d)Repackaging, except when maintenance, Insured f there is no other similar insurance Written Contract, Written Agreement Oroperation you use of greemen unpacked stlely for the purpose of equipment leased to by such available to that organization.However Permit inspection, demonstration, testing, person or organization. a. Coverage under this provision is afforded The person(s)or organization(s)Identified in or the substitution of parts under only until the 150th day after you acquire Paragraphs a.through I.below are additional instructions horn the manufacturer. or form the organization or the end of the insureds when you have agreed,in a written and then repackaged in the policy period,whichever is earlier;and original container; Form SS 00080405 Page 11 o124 Page 12 of 24 Form SS 00080405 BUSINESS LIABILITY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political (a)The preparing, approving, or This General Aggregate limit does not to these additional insureds, this Subdivisions failure to prepare or approve, apply to'property damage"to premises insurance does not apply to any (1) Any state or political subdivision,but maps, shop drawings, opinions, while rented to you or temporarily "occurrence"which takes place after only with respect to operations reports, surveys, field orders, occupied by you with permission of the you cease to lease that equipment. performed by you or on your behalf for change orders, designs or owner, arising out of fire, lightning or c. Lessors Of Land Or Premises which the state or political subdivision drawings and specifications;or explosion. (1) Any person o organization born has issued a permit. (b)Supervisory, inspection, 3. Each Occurrence Limit whom you leaser or premises,but (2) With respect to the Insurance afforded architectural or engineering Subject to 2.a. or 2.b above, whichever only with respect to liability arising out to Nese additional insureds, this activities. apples,the most we will pay for the sum of all of the ownership,maintenance or use insurance does not apply to: The limits of insurance that apply to additional damages because of all "bodily injury', of that pad of the land or premises (a)'Bodily injury","propertydamage" insureds am described in Section D.—Limits "properly damage" and medical expenses leased o you. ing Of Insurance. an out of anyone'occurrence'is the or 'personal and advertising 'sing (2) With respect to the insurance afforded injury"arising out of operations How This insurance apples when other Liability and Medical Expenses Limit sham in to these additional insureds, this performed for the state or insurance is available to an additional insured the Declarations. insurance does not apply to: municipality;or is described in the Other Insurance Condition The most we will pay for all medical expenses (a)Any 'occurrence" which takes (b)'Bodily injury'or"property damage" in Section E.—Liability And Medical Expenses because of"bodily injury"sustained by any place after you cease to lease that included within the "products- General Conditions. one person is the Medical Expenses Limit land or be a tenant in that completed operations hazard'. No person or organization is an insured with shown in the Declarations. premises;or f. Any Other Party respect to the conduct of any current or past 4, Personal And Advertising Injury Limit () 7 An other person or nt venture or limited liability Subject to 2.b.above,the most we w01 for b Structural alterations, new partnership, M� y () y p organization tap who companythat is not shown as a Named Insured in I pay construction or demolition is not an insured under Paragraphs a. the sum of all damages because of all operations performed by oron through e. above, but only with the Declinations. "personal and advertising injury'sustained by behalf of such personor respect to liability for'bodily injury", D.LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal organization. 'property damage'or"personal and LIMITS OF INSURANCE and Advertising Injury Limit shown in the d. Architects,Engineers Or Surveyors advertising injury"caused,in whole or 1. The Most We Will Pay Declarations. (1) My architect,engineer,or surveyor,but in part,by your acts or omissions or 5. Damage To Premises Rented To You Limit only with respect to lability for'bodily the acts or omissions of Nose acting The Limits of Insurance shown in the The DamageTo Premises Rented To You r behalf: Declarations and the Mes below fix the most injury','property damage'or'personal on yo u we will pay regardless of the number of: Limit is the most we will pay under Business and advertising injury"rased,in whole (a)In the performance of your Liability Coverage for damages because of or In pad,by your acts or enissins or ongoing operations; a. Insureds; "property damage'to any one premises,cable the acts or omissions of those acting on (6)In connection with your premises b. Claims made or"suits"brought;or rented to you,or in the case of damage by fire, your behatt: owned by or rented to you;or c. Persons or organizations making claims or lightning or explosion,while rented to you or (a)In connection with your premises; (c)In connection with your work"and bringing'wits". temporarily occupied by you with pemission of or included within the "products- 2. Aggregate Limits the owner. (b)In the performance of your completed operations hazard",but The most we will pay for. In the case of damage by fire,lightning or ongoing operations performed by only fexplosion,the Damage to Premises Rented To a. Damages because of'bodily injury'and You Limit applies to all damagey you or on your behalf. (I) The written contract or written ether su 'proudamage" eatio s in the caused by the same event,whether such (2) With respect to the insurance afforded agreement requires you to "products-completed operations hazard"is damage results from fire,lightning or explosion to these additional insureds, the provide such coverage to the Products-Completed Operations or any combination of Nese. following additional exclusion applies: such additional insured;and Aggregate Limit shown in the This insurance does not apply to (ii)This Coverage Part provides Declarations. 6. How Limits Apply To Additional Insureds "bodily injury'."property damage"or coverage for'bodily injury"or b. Damages because o1 all other"bodily The most we will pay on behalf of a person or 'personal and advertising injury" "property damage" included injury", "property damage'or'personal organization who is en additional Insured arising out of the rendering of or the within the 'products- under this Coverage Pan is the lesser of: falure o render any professional completed operations hazard". end advertising si the iGu e including medical mP P expenses,Is General Aggregate Limit a. The limits of insurance specified in a services by or for you,including: (2) With respect to the insurance afforded shown in the Declarations. written contract, written agreement or (a)The preparing, approving, or to these additional insureds, this This General Aggregate Limit apples permit issued by a state or political failure to prepare or approve, insurance does not apply to: separatelyto each of subdivision;or your "locations' maps, shop drawings, opinions, 'Bodily injury","property damage"or owned by or rented to you. b. The Limits of Insurance shown in the reports, surveys, field orders. "personal and advertising injury" "Location"means premises involving the Declarations. change orders, desgns or arising out of the rendering or,or the same or connectinglots, or0 drawings and specifications;or failure to render, any premisesy adds amount shah be a part of and not in professional whose connection is interrupted only by a addition to the Limits of Insurance shown in (b)Supervisory, inspection, architectural,engineering or surveying street, roadway or right-of-way of a the Declarations and described in this Section. architectural or engineering services,including: railroad. activities. Form SS 00080405 Page 130124 Page 14 of 24 Form SS 00 08 04 05 COMMERCIAL AUTOMOBILE HA95160312 The insurance afforded to any such E. Pdsary and Non•Contrtbutory U additional Insured apples only if the Requhd by Contract THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. 'bodby !NW or 'proPeM demega" Only with respect to insurance provided to I mem an eddBaral Insured to 1.D.-Additional COMMERCIAL AUTOMOBILE BROAD FORM (1)Dun°gthe��penoO'end insured If Required by Contract, the (2)Subsequent to the execution death following plwlskcn appy: ENDORSEMENT mitten contract.and (3)Primary Maumee When Required By (3)Prior to the expiration of the period Contract of time that the written contract This insurance is pinery If you have This endorsement modifies insurance plodded under the following: regime wird,insurance be provided agreed In a when centred or mitten BUSINESS AUTO COVERAGE FORM to the addition bsuredat. agreement ethe Insurance be (2)How Limits Apply primary. If other Ineurence is also er To the extent that the provisions of the endmement provide broader benefit°to the'Insured"than otter If you have erred Ina widen contract primary.Na sunt share odd all that d In a written agreement that another Other Ins by the method described In provisions of the Coverage Farm.the provisions of thio endorsement apply. hasance 54. german or un added n en eddt ei 046Insured n your of suthech (4)Prbra ny And Non-CWhen Required y To Othert 1. BROAD FORM INSURED d. My'employee'of yours while using a moor we will pay on behalf cud, Inwranx when Required By Conned A. Subsidiaries and Newly Acquired or covered'auk'you dont own,Mre or additional°cured Is the lamer oF. If you have agreed Ina written contract Farmed Organisations borrow in your business or your (a)The Wenn of insurance speared In or written agreement that the insurance The Named Insured shown in the paraoral effete. the written contract or written is primary and non-contributory with the Declarations is amended to induce: C. Lessors.Insureds agreement;or additional Insureds own ineurm¢e,this (1)My kcal bualnees entity otter than a Paragraph Al.-WHO IS AH INSURED-o (b)The Limits of Insurance shown in iaurence is primary end we will not earthmen,or joint veneme,forced as a Section II-Lebelly Coverage is amended to the Declarations. seek contribution from that other subsidiary ry In which you have an add: Such amount shall be a part of and not Inauranm oenh¢Interest of e. Th more than 50%on e lessor d a covered Sub'while the N Limits to LImof Insurance shown Paragraphs(3)and(4)do not eppty b other the effedle date of the Coverage Foran. 'auto'is leased toinsurance to which the additional thawed However,the Nomad Insured does not agremler0.it you under a written �Detaredons and described o this has been added nen additional Insured. Indude any subsidany that I an When the keuranwe Is excess,we win have no 'barred'under any other automobile (1)The agneanerd requires you to (3)Add9onal Insureds Other Insurance provide diced primary insurance for duty to defend the Insured against any h If policy 'insurerwa rid be an'insurerunder One lessor end If Balo we cover a m "stir mu t under s any other duly to Insurer has a dodefend the such a polcy butte for lb mdnetlon or Coverage Pad that may also be covered hand against that Suit'.If no other insurer the exhaustion of its Limit of Insurance. (2)The'auto'is leased Wthod a driver. by other Insurance melees to en defends,we win undertake to do so.but we will (2)Any otgwr mtlon that le acquired or Such a leased'auto"Mil be cambered a additional insured, such additional be entitled to the insureds rights against e0 formed by you and over which you covered'auto'you own end not a covered Insured must adroit such delm or'Bur those other insures. maiden majority ownership. However, 'auto'you hire. to the ocher Insurer ler defense and When this fmumce is exon° over other the Named Insured does not Include any D.Additional Waned If Required by Contact andeT°ity' Insurence,we WI pay only our shoe of the newly formed or acquired organization: (1)Paragraph Al.-WHO IS AN INSURED However,this provision does not apply mount of the loss,O su any,that exceeds the n (a)That le e parbaship or joint -d Section II-Liability Coverage is to the extent that you have agreed hu■ d: venture, lin Contract or!erten agreement amended b irk: (1)The total amountpay and all such other (le)That b en insured'under any other 1. When you have agreed,In written that tae contributory with b primary and rob- Insurance would hr rs for the loss In the Meth'. nmeter Wth the additional kwuredb absence dihb Insurance:and (c)That has exhausted its Limit d coperntract r written agreemtion be added that a own huusnce. Insurance under any other policy,a an eddtiera Insured on your (4)Dean in The Event Of Accident,Claim, (2)amounts under The total of lal other irionrhoe.deductible and su� (d)180 days or more after ib business auto policy,such person or Sal[a Loss acquisition or formation by you, oganimton Is an Insured',but on method described k Other Insurance 5.d. you have agreed In written centred We t share the naOlura,l any,by the .tl. tellers you hew given us notice of to the on Is each per'b a or codon agreement that another an the acquisition a formation. uryONation k Bade for Ilody person or organization be added n an 2 AUTOS RENTED BY EMPLOYEES Coverage don not apply to bodily Injury or'property damage'caused adtlonal insured on your policy,the My'auto'Nred or rented by your'employee' Injury'or"property damage'that resits by the conduct of an'insured"under 011450nal insured shall be required to on your behalf and at your direction will be from an'accident'that occurred before paragraphs a.or b,of Who to An comply with the previsions In LOSS considered an'auto'you hire. you formed oracquired Oa organization. Insured with regard to the CONDITIONS 2. -DUTIES IN THE The OTHER INSURANCE Cordlhon le amended B.Employees as Insureds ownership.malmonance or use of a EVENT OF ACCIDENT.CLAIM.SUR by adding the rolovdng: Paragraph Al.-WHO IS AN INSURED-of covered'auto.' OR LOSS — OF SECTION N — SECTION II-UABILIS COVERAGE k BUSINESS AUTO a Named IncurONS,in the amended to add: sena Amer as the Named Insured. 02011,The Hartford(Includes copyrighted materiel 02011,The Hertford(Includes copyrighted material Form HA N 160312 of ISO Properties,Inc,with iia penNalcn.) Page 1 of 5 Form HA 99 16 03 12 o ISO Properties.Inc.,with its permission.) Page 2 of 5 O an 'employee's'personal Insurance also 5. PHYSICAL DAMAGE ADDITIONAL (4) Necessary ler the nomad If anther Redford Flnanial Sellas Group, apples en an exaes basis to a covered Sub" TEMPORARY TRANSPORTATION EXPENSE operation MOle covered"auto"or Inc.company policy or coverage form that Is not Irked or rented by your'employee'on your COVERAGE the monitoring of the covered an automoae poky or coverage form applies to behalf and eh your direction,this Insurance will Paragraph Ado.of SECTION III-PHYSICAL .adde operating system. the sane"accident,the following applies: be primary to the "employee's• personal DAMAGE COVERAGE is amended to provide a b,Sedim III—Version CA 00 01 03 10 of the (1)N the deductible under thus Buskers Auto Insurance. limit of 550 per day and a medmum limb of Business Auto Coverage Fo rn, Physical Coverage Form me the smaller(or orneriest) 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. Damage Coverage, Limit of Insurance, deductible,it w0 be waived; EXCLUSION 5.-FELLOW EMPLOYEE-of 6. LOAN/LEASE GAP COVERAGE Paragraph C2 and Version CA 00 01 10 01 of (2)O the deductible under this Business Bob SECTION II-LIABILITY COVERAGE does not Under SECTION II - PHYSICAL DAMAGE the Business Auto Coverage Ponce,Physeal Coverage Form b not the smeller (a Damage Coverage, amt of insurance, appy O you have workers' compensation COVERAGE.In the sued d a total loss'to a Paragraph C are eadr amended to add the wrr)nt of l coil be sdual by hsuranoe in-force covering all d your covered'auto",we WI pay your additional legal theeamount d the smaller(or emebest) 'e elloYe00. obligation for any difference between the actual following: deductible. Coverage b axone over any other collectible ash vete d the auto•at the time of the'bas" 5t500 la the most we tall pay for l050 k 12.AMENDED DUTIES IN THE EVENT OF Insurance. and Oamda re"outslrg balance'of the ben/lease. any ane 'sensed' to et electronic ACCIDENT,CLAIM,SUIT OR LOSS 4. HlNED AUTD PHYSICAL DAMAGE COVERAGE •gatandkg balance"means the amount you qupmor(other can reproduction the o sound,of desiend me squhament In LOSS CONDITIONS 2a.- If hired'adore era covered"autos'to Liability owe on the banlesee at the time of loss'less solely�es used withsucequipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, Coverage and A Comprehensive, Spelled any mourns representing sues; overdue that reproduces, receives or transmits SUIT OR LOSS-of SECTION N-BUSINESS Causes of Loa,or Collision coverages are payments; penalties, merest or d,srges audio,Naval or data signals which,at the AUTO CONDmONS that you must nobly us of Prodded under the Coverage Form for any restating from overdue peymerds; additional timed Inas%Is: an'accident'°Paas only when the"Redden'Is "auto"you awn.then the Phyafal Damage mileage changes;execs wear and tear charms; known to: (1)Pentane/My Installed in or upon Coverages provided areto extended 'autos' lease termination fees:security deposits not s'you Me�,e�"auto"In a housing (1)You,O ere e an Individual; like or borrow,subject to the bloWrg end. returned by theor, costs resew; for extendedopening a oyer baton that Is not (2)A partner,Ayou am a patesMp; The meet ow will pay for'bas'to any hired warranties.credit Ile Irsu2nre,health,accident usedthe ' (3)A member,if you are a hefted lab 'euro"ie: manufacturer Maurer¢purchased with the ban or meninearer for the Sunt e installation and carry-over balances frau previousconpeny;Or (1)$100,0OD: berm Or Mesas. such equipment (4)M executive oltoer ar bsoaance manager, (2)The seaava sear cash value of IRB the damaged or 7. AIRBAG COVERAGE (2)Removable from a permanently you O sod O on property at time a lose':or UndeSIONS - of Installed housing unit es describedYou are a rorpmretbn. (3)The end of repatrkg or reptscicq the SECTION Paragraph B'PHYSICAL DAMAGE In Pe aph 2a.above a b an 13.UHC NAL FAILURE TO DISCLOSE damaged or stolen property, COVERAGE,the to/owing b added: Integre)pal of that equipment or M you anir (3)M integral pert d such equipment. mntbna0y Tani to disclose any head. whichever I.smaller,minus a deductible. The The exclusion slating te mechenkal breakdown Mating at the Inception deo of yae poky,we deductible WI be equal to the largest deductible does not apply to the accidental discharge den c.For each covered-auto',should baa be limited will not deny coverage under this Coverage applwble to any owned "auto' for that airbag. to electronic ethip sere only,Pre oblgalion to Firm because of such failure. coverage.No deductible apples to lose Glued B. ELECTRONIC EQUIPMENT -BROADENED pay far,repair,nom or space damaged or 14.HIRED AUTO-COVERAGE TERRITORY by fire or lightning.Hired Auto Physical Damage Mien electronic equipmo t wi l be reduced by avenge le erose own any other collectibleCOVERAGE the applicable deduabsham k le shathe Pwogsph e.of GENERAL CONDITIONS 7.- Insurance.Subject to the above time,deductible a.The exception. to Paragraphs 5.4 - Declarations,or$250.whichever deductible is POLICY PERIOD.COVERAGE TERRITORY- end 00.0000 provisions,we will provide coverage EXCLUSIONS-of SECTION III-PHYSICAL less. of SECTION N - BUSINESS AUTO DAMAGE COVERAGE are replaced by theCONDITIONS e n apbced by the fdowlra equal d the broadest own. applicable b any 9. EXTRA EXPENSE BROADENED ooveretl'aWYyou blbvdrg: COVERAGE s. For ahort4enn liked"aulca',the coverage Exclusions 4.c.and 4A.do not apply to territory with respect b Liability Coverage is We Mlalsocorerles°ccdeod the hired"auto'Melly -PPYSI Paragraph COVERAGE,-d SECTION If b results wa t on'accident",msan you are knely byeciiae of deeigmd powerto be rnopthe'd.del' III-PHYSICAL DAMAGEming we will "inuT°s k po weld provided pay ma a the liable ss, end ct tower bare an Rdual 00 per electrical nae the from the•'otos• pay for the expense d metrorning a stolen corned "insured*"codein sspoosbuly to pay damages ler ekwtlai system that at time time d'loes', bodily injury or 'property"sur demga• b bas, subject b a maximum d s1000 per ls: sats'o Yon' delermIned in a'scA.the Bull'k bragfd k acdtlent. 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE the United stelae of amens, amines extension of roverace don not apply to (1) the a Inatalbd In or rpm Under Peragaph D.•DEDUCTIBLE•of SECTION and pa'essbns d the United State,of any"auto'you tire a borrow hoc any of your If • PHYSICAL DAMAGE COVERAGE, the America.Rant Rio or Canada or In a "amgioyeee",pantos of you ere a partnership), (2) Removable from a housing unit following is added settlement we agree to. members(If you am a Relied liability company), which is permanently Installed In or member of their households. or upon the covered'ado"; Na deductible apples to glees damage O the 15 WAVER OF SUBROGATION (3) M integral pert of the same unit gess is repaired she than replaced. TRANSFER OF RIGHTS OF RECOVERY housing any electronic BUSINESS TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US-d SECTION N- BUSINESS AUTO CONDITIONS Is amended by equipment described In Under Paragraph D.-DEDUCTIBLE-of SECTION adding thefolbWng: Paragraphs(1)and(2)above;a m - PHYSICAL DAMAGE COVERAGE, the following l added 0 2011,The Helfand(Includes copyrighted material 02011,The H°dbod(Includes copyrighted materiel Form HA 9916 0312 of ISO Properties,Inc.,with its psnN°abn.) Page 3 of 5 Form HA 9916 0312 at ISO Properties.Inc..with be permission.) Page 4 of 5 We waive any right of recovery we may have °Regardless of the number of autos deemed a against any pereon or orgalt700011 with whom total loss,the most we wit pay under this you have a whiten contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver bemuse of payments we make for Payment Coverage provision for any one darroges underthle Coverage Form loss'Is$10,000. 16RESULTANT MENTAL ANGUISH COVERAGE Forme purposes of the coverage provision, The definition of badly Injury'In SECTION V- a.A vonhybdd'WO Is defined as an auto that DEFINITIONS Is repfeced by the fo0:Nang: uses only an internal oombastion engine to Modify injury"means badly snun,sickness or move the auto but does not include coos disease sustained by any person, Including powered solely by electricity or natural gas. mantel anguish or death resulong from any of b.A'hybrid'auto Is defined as an auto with en mese. Internal combustion engine end one or more 17.EXTENDED CANCELLATION CONDITION electric motors;and that uses the internal Paragraph 2. of the COMMON POLICY combustion ergine and one or more electric CONDITIONS - CANCELLATION - applies motors to conOre sure,or the or more except as redoes: sandshoe engine to dere one mom electric motors,which nave the auto. ff we cancel for any reason other Than 19.VEHICLE WRAP COVERAGE nonpayment of premium,we will most or deliver to the first Named Insured written notice of In the event of a total loss to an'auto'for which cancellation at feast 60 days before the effective Comprehensive,Specified Causes of Loss,or date of cancellation. Collison coverages are provided under this 18.HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form,then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are emended o add the following: In addition to the°cosi cash value of the'auto', In the event of a total loss o a'ton-hybrid'.auto we will pay up to$1,000 for vinyl vehicle wraps for which Comprehensive,Specified Causes of which are&splayed on the covered'auto"at the Lose,or Collison coverages are provided under lime of total loss. Regardless of the number of this Coverage Foen, men such Physical autos deemed a total loss,the most we will pay Damage Carerages are emended es oliovs: under this Vehicle Wrap Coverage provision ler elf the auto is repleoed wlh a'hybrid'auto or any one loss'in$5,000.For purposes of this an auto powered solely by electricity or natural coverage provision.signs or other graphics gas,we will pay an eddtlorai 10%,to a painted or magnetically allixed to the vehicle are maximum 0(02,500,of the*non-hybrid'auto's not considered venue wraps. actual cash value or replacement cost, whichever le less, b.The auto east be replaced and a copy of a bll of sale or new lease agreement received by us within 60 calendar days aide date of loss,' C2011,The Hartford(Includes copyrighted material Form Meg 160312 of ISO Properties,Inc.,with its permission.) Page 5 of 5 Ic—o(CO �...N.N SARGENG-01 DDRAPER ARL CERTIFICATE OF LIABILITY INSURANCE DA2/1212017 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Dalles Office Paynewest Insurance,Inc. ja"/c°O,,"N,Ext):(541)296-2268 FAX No):(541)296-9427 P.O.Box 1940 ADDRESS: The Dalles,OR 97058 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Co 29424 INSURED INSURER B:Hartford Insurance Co of Sargent Engineers,Inc INSURER C:U.S.Specialty Insurance Co 320 Ronlee Lane NW INSURER D: Olympia,WA 98502 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 CLAIMS-MADE X OCCUR X 52SBAVW7185 02/21/2017 02/21/2018 PREM SES Ea Occu ence) $ 1,000,000 MED EXP(My one person) $ 10'000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jEeT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X 52UECIV4082 02/21/2017 02/21/2018 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSONLYAUTOSABODILY INJURY/Per accident) $ AUTOS ONLY AUTOS ONLY (Per a cid ntDAMAGE $ — $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE 52SBAVW7185 02/21/2017 02/21/2018 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 52WECZO8094 05/01/2016 05/01/2017 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab USS1626956 08/16/2016 08/16/2017 Each Claim 2,000,000 C Professional Liab USS1626956 08/16/2016 08/16/2017 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) ..)yNOTE:Workers Comp coverage is NOT for State of Washington;it is for Other States City of Spokane Valley is an additional insured as per written contract or agreement between the insured and their client(City of Spokane Valley)on the general liability policy and automobile liability as respects to liability arising out of activities by or on behalf of the named insured pursuant to the attached endorsements SS 00 08 04 05&HA 99 16 03 12. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyPublic Works Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PACCORDANCE WITH THE POLICY PROVISIONS. Attn:Devon Nickerson 11707 E Sprague Ave,Ste 106 Spokane Valley,WA 99206 AUTHORIZED,REPRESENTATIVE lr woo ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered "auto." Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written • to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 2 of 5 • If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto"is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"joss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered "auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above; or ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same "accident", the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment(other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident" applies only when the "accident" is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO -COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE -of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "bodily injury" or "property damage" is "auto"to you. determined in a "suit,"the"suit" is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.- DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors to move the auto, or the internal combustion engine to charge one or more except as follows: electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages`areamer1ded as-follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension-Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 ,M. BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY PROPERTY DAMAGE PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period; and becomes legally obligated to pay as damages because of "bodily injury", (c) Prior to the policy period, no insured listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or clairn,.knew that the"bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit"" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1. of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice of an "occurrence" or claim: b. This insurance applies: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage" only if: injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault. These payments will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of servides or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability • Coverage for"bodily injury"applies. We (b) You are not engaged in the do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the"suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably-require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees .incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will not reduce the Limits of Insurance. (3) The obligation to defend, or the cost of the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same"insured contract"; and necessary litigation expenses as Supplementary Payments ends when: (4) The allegations in the "suit" and the information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the (i) Cooperate with us in the standpoint of the insured. This investigation, settlement or exclusion does not apply to "bodily defense of the "suit"; injury" or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with the"suit"; direction of or with the consent or acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (iv) Cooperate with us with (1) "Bodily injury"or""property Ydama a 'or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury", "property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such "suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract', reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution • has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or "personal and advertising injury" (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does whidh any insured may be held liable by not apply to: reason of: (i) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (ii) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (iii) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, smoke or fumes from a (ii) Any person or organization for "hostile fire"; or whom you may be legally responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of,"pollutants". connection with such operations by such insured, contractor ,or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand,order or statutory (i) "Bodily injury" or "property. or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and"loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly, out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next #o, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing 'services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice'or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured has any other insurance for such "bodily instruction for the purpose of injury" or "property damage", whether appearance or skin enhancement, hair removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution Of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment' products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D. - Limits Of Insurance. piercing); (b) Tattooing, including but not limited Paragraph (2) of this exclusion does not to the insertion of pigments into or apply if the premises are "your work" and under the skin; and were never occupied, rented or held for rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. • site design. Paragraphs (3)and (4) of this exclusion do Paragraphs (4)and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property_ damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or pontrol of the insured; "Property damage" to "impaired property" or property that has not been physically (5) That particular part of real property on injured, arising out of: which you or any contractors or subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work"; or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 • BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of 'this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, publishing or telecasting; the direction of the insured with knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral,written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of , (3) G Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your person's right of "advertisement'; any state or federal act privacy created by (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement' or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would not have occurred in whole or in (15) Arising out of discrimination or part but for the"asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". r. Employment-Related Practices (c) Arise out of any claim or suit for damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, ';personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices described in Paragraphs(a), (b), or(c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act (1) Whether the insured maybe liable as of 2003, that prohibits or limits the sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page9of24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to their duties as trustees. a. Any Insured To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of your business, or your "employees", other c. Injury On Normally Occupied Premises than either your"executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members . contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties oiler?tions hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a)above; b. A partnership or joint venture, you are an • (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else' who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs (1)(a) or c. A limited liability company, you are an (b) above; or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", any partner or member (if you are (2). "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee" or With respect to "mobile equipment' registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to,that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products; A person or organization is an additional (f) Demonstration, installation, insured under this provision only for that period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to below as vendor), but only with respect to negligence of the vendor for its own acts or omissions or those of "bodily injury" or "property damage" arising out of"your products" which are distributed its employees or anyone else acting on its behalf. However, this or sold in the regular course of the vendors business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d)or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance•afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; .whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructioris from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf. owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included - arising out of the rendering of or the within the "products- • failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: • activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most we will pay regardless of the number of: Limit is the most we will pay under Business a. Insureds; Liability Coverage for damages because of "property damage" to any one premises, while b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form'SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; • f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. below. • this Coverage Form: a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance cover your liability as a tenant for and any rights or duties specifically assigned "property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos"or watercraft to b. Separately to each insured against whom a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A.— representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 SARGENG-01DDRAPER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/03/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Albany Office PHONEFAX (541) 926-4291(541) 926-4298 (A/C, No, Ext):(A/C, No): PayneWest Insurance, Inc. E-MAIL 1025 Bain Street SE ADDRESS: Albany, OR 97322 INSURER(S) AFFORDING COVERAGENAIC # U.S. Specialty Insurance Co INSURER A : INSURED INSURER B : Sargent Engineers, Inc INSURER C : 320 Ronlee Lane NW INSURER D : Olympia, WA 98502 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ A Prof LiabilityUSS172786908/16/201708/16/2018 Each Claim2,000,000 A Prof LiabilityUSS172786908/16/201708/16/2018 Aggregate2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This is the Professional Liability renewal certificate only. Project: A2016-17 On-Call Bridge & Structural Consulting Services CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave., Ste 106 Spokane, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. 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