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18-200.00 Sargent Engineers: On Call Structural Bridge Consulting & InspectionContract No. 18-200 AGREEMENT FOR PROFESSIONAL SERVICES Sargent Engineers, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Sargent Engineers, Inc, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perforin the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2019,unless the time for performance is extended in writing by the Parties. Agreement for Professional Services (with professional liability coverage) Page 1 of 7 Contract No. 18-200 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $ 25,000.00 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Sargent Engineers, Inc_ Phone: (360) 867-9284 Address: 320 Ronlee Lane, NW Olympia, WA 98502 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-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 antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. 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 (A)(2) of this certification; and Agreement for Professional Services (with professional liability coverage) Page 2 of 7 Contract No. 18-200 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. 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 Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Agreement for Professional Services (with professional liability coverage) Page 3 of 7 Contract No. 18-200 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence, and $2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability, and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the 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. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for Agreement for Professional Services (with professional liability coverage) Page 4 of 7 Contract No. 18-200 all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants, and employees. Consultant's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be Agreement for Professional Services (with professional liability coverage) Page 5 of 7 Contract No. 18-200 confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates 0 The Parties have executed this Agreement this 1 ay of , 20th CIITY OF SPOKAN VALLEY 'A Mark Calhoun, City Manager AT Consultant: By: "End(C. Martin, "rincipal Its: Authorized Representative Christine Bainbridge, City Clerk: Agreement for Professional Services (with professional liability coverage) Page 6 o 7 APPROVED AS TO FORM: Office ‘the City 40ney Contract No. 18-200 Agreement for Professional Services (with professional liability coverage) Page 7 of 7 Exhibit A Scope of Work 2019 On -Call Structural Bridge Consulting and Bridge Inspection Services Contract Scope of Services On -Call tasks shall be initiated by the City of Spokane Valley (City). Tasks may be completed on a time and material basis as requested or through an approved scope and fee by the City. Each task shall be tracked separately for invoicing. Consultant staff will be provided to the city for performing the following duties in conformance with WSDOT Standard Specifications, WSDOT Construction Manual and Project Contract Specification: • Bridge Engineering consultation, design, analysis, evaluation, inspection and load rating. • Structural engineering consultation, design, analysis, evaluation and observation. • Preparation of plans, specifications, and estimates (PS&E) for the above items. • Ten separate bridge structures will need NBI routine and safety inspections in 2019. They are listed below: o SPOKV-4421 Thorpe Road over Plouf Creek - Routine Inspection o SPOKV-4501 Sullivan Road over Trent Road, SR 290 — Routine Inspection (UBIT) o SPOKV-4502 Sullivan Road over BNSF RR — Routine Inspection (UBIT) o SPOKV-4508 Sullivan Road over Spokane River — SB — Routine Inspection o SPOKV-4509 Steen Road over Saltese Creek — Routine Inspection o SPOKV-4511 Sullivan Road over Spokane River — NB — Routine Inspection o SPOKV-4518 Evergreen Road/Mission Avenue U -Xing — Routine Inspection (UBIT) o SPOKV-4520 Sands Road over Plouf Creek — Routine Inspection o SPOKV-4593 Park Road under UP RR — Safety Inspection o SPOKV-4594 Dishman Road U-Xing/Sprague Avenue — Safety Inspection All inspection work shall be pursuant to current WSDOT and NBI bridge inspection standards and shall be performed prior to their 2019 inspection due dates. All inspection work shall be performed under direct supervision of a professional engineer, licensed in the State of Washington and certified as a bridge inspection Team Leader. All inspection findings and photographs shall be sent to the WSDOT WSBIS inspection data base. Consultant shall provide the City with hard copies of all inspection reports and photographs for each structure as well as an inspection summary for each. Sargent Engineers may request the use of the City of Spokane's UBIT truck for the inspection of 4501, 4502, and 4518. The City of Spokane Valley's existing equipment lease with the City of Spokane runs through the end of December, 2019. The City shall provide the necessary traffic control, including railroad traffic control for the above mentioned inspections. The City will also provide a co -inspector for all the bridge inspections. SARGENT Sargent Engineers, Inc. 320 Ronlee Lane NW Olympia, Washington 98502 Tel 360 867-9284 Fax 360 867-9318 www.sargentengineers.com November 5, 2018 Mr. Pete Fisch City of Spokane Valley Public Works Department 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 RE: City of Spokane Valley 2019 Bridge Inspections. Project No.: A18100.00 Dear Mr. Fisch: The City of Spokane Valley has ten separate structures that will need NBI routine, inventory, and safety inspections in 2019. Sargent Engineers will perform inspections for these structures as follows: • 4421 - Thorpe Road over Plouf Creek — Routine Inspection • 4501 - Sullivan Road over Trent Road, SR 290 — Routine Inspection - (UBIT) • 4502 - Sullivan Road over BNSF RR— Routine Inspection - (UBIT) • 4508 Replacement - Sullivan Road over Spokane River — Southbound — Routine Inspection • 4509 - Steen Road over Saltese Creek — Routine Inspection • 4511 - Sullivan Road over Spokane River — Northbound — Routine Inspection • 4518 - Evergreen Road/Mission Avenue U -Xing — Routine Inspection - (UBIT) • 4520 - Sands Road over Plouf Creek — Routine Inspection • 4593 - Park Road under UP RR — Safety Inspection • 4594 - Dishman Road U-Xing/Sprague Avenue — Safety Inspection All inspection work will be per current WSDOT and NBI bridge inspection standards and will be performed prior to their 2019 inspection due dates (with the exception being the "Equipment" inspection listed in June for 4502 which we will complete via UBIT in October with the Routine inspection for the bridge). All inspection work will be performed under the direct supervision of a Professional Engineer, licensed in the State of Washington and certified as a bridge inspection Team Leader. All inspection findings and photographs will be input into the WSDOT WSBIS inspection data base. We will provide the City with signed hard copies of all inspection reports and photographs for each structure. The City of Spokane Valley will obtain the UBIT services for the inspection of structures 4501,4502, and 4518. The City will provide the necessary traffic control, including railroad traffic control for all of the inspection work. The City will also provide a co -inspector for all of the bridge inspections. To complete the Scope of Work as outlined we propose to bill at our current hourly rates to a maximum fee of $10,411.00. Any additions or modifications to the proposed scope of work may require a modification to the maximum proposed fee. Please find the attached cost -per -task breakdown for your review. SARGENT Mr. Pete Fisch Page 2 November 5, 2018 Thank you for this opportunity to be of assistance to you and we look forward to a successful project working with you. Respectfully, Sargent Engineers, Inc. Erik C. Martin, SE, PE Principal ECM P:117Files\Proposals\COSV On -Call 2018/2019 Bridge Inspections\Scope - 2019.docx SARGENT Mr. Pete Fisch Page 3 November 5, 2018 COSV 2019 Bridge Inspections Engineering Services Proposal Senior Project Project Design Principal Engineer Engineer Engineer Clerical Task Cost Rate: $172.00 $139.00 $129.00 $112.00 $66.00 Travel 14 $1,806 Correspondence 1 4 $688 Preparation 0.5 $65 Field Inspections: 4421 - Thorpe Road over Plouf Creek 1.5 $194 4501 - Sullivan Road over Trent Road, SR 290 (*) 4 $516 4502 - Sullivan Road over BNSF RR (* & **) 4 $516 4508 - Sullivan Road over Spokane River — Southbound. 2.5 $323 4509 - Steen Road over Saltese Creek 1.5 $194 4511 - Sullivan Road over Spokane River — Northbound 2.5 $323 4518 - Evergreen Road/Mission Avenue U -Xing (*) 4 $516 4520 - Sands Road over Plouf Creek 1.5 $194 4593 - Park Road under UP RR (**) 1.5 $194 4594 - Dishman Road U-Xing/Sprague Avenue 2.5 $323 Reporting 8 20 1 $3,338 Total Direct Salary Cost 1.00 0.00 52.00 20.00 1.00 $9,186 Direct Costs Mileage $395.13 Lodging and Per Diem $830.00 *UBIT from City of Spokane By COSV ** Railroad flagger By COSV Total Direct Costs $1,225 Total $10,411 DOCUMENTS REQUIRING THIRD -PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE This page has been inserted in place of the page(s) entitled "Exhibit B — Billing Rates" of a contract document which sets forth the rates charged by the contracting entity. Pursuant to the Washington Public Records Act (RCW 42.56), the City has determined that this record may be available for disclosure upon request for review by a third party. However, pursuant to RCW 42.56.520 and RCW 42.56.540, the City has determined it is appropriate to provide the contracting entity notification of any request for this record to allow them time to determine if they wish to seek to obtain a court order requiring the record to be withheld. Please contact the City Public Records Officer at (509) 720-5000 or visit our website at www.spokanevalley.org to complete a Public Record Request to receive a copy of this record. ACOR�® v CERTIFICATE OF LIABILITY INSURANCE ` DATE (MM/DD/YYYY) 12/13/2018 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 Hall & Company 19660 10th Ave NE Poulsbo WA 98370 CONTACT NAME: Judy Lovelace PHONE FAX CA/C. No. Ext); 360-626-2968 (A/C, No): 360-626-2968 ADDRESS: jlovelace@hallandcompany.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: US Specialty Insurance Company 29599 INSURED SARGENG-02 Sargent Engineers Inc 320 Ronlee Lane NW Olympia WA 98502 INSURER B : ALASKA NATIONAL INSURANCE COMPANY 38733 INSURER C INSURER D : $ INSURER E : $ INSURER F : CERTIFICATE NUMBER: 510628427 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 LTR TYPE OF INSURANCE ADDL MD SUER WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL UABILITY EACH OCCURRENCEDAMAGE $ PREM SESO(Ea occur ence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A 18HWU09201 8/1/2018 8/1/2019 PER STATUTE X OTH- ER USL&H E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liab;Claims Made USS1828931 8/16/2018 8/16/2019 Per Claim Aggregate $2,000,009 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Pro'ect: 2019 On -Call Bridge Consulting & Bridge Inspection Services City of Spokane Valley is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. CANCELLATION I City of Spokane Valley 10210 East Sprague Avenue Spokane WA 99206 USAvci,uf SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1t� ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SARGENG-01 DDRAPER ACORo" CERTIFICATE OF LIABILITY INSURANCE 4......------12113/2018 DATE(MM/DD/YYYY) 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 Albany Office Paynewest Insurance, Inc. 1025 Bain Street SE Albany, OR 97322 CONTACT NAME: (a/c°,NNo, Ext): (541) 9264291 (a/c, No):(541) 9264298 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Cincinnati Insurance Companies 10677 INSURED Sargent Engineers, Inc 320 Ronlee Lane NW Olympia, WA 98502 INSURER B : ECP0476991 INSURER C : 02/21/2019 INSURER D: $ 1,000,000 INSURER E : $ Included INSURER F : • 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM!DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X ECP0476991 02/21/2018 02/21/2019 EACH OCCURRENCE $ 1,000,000 PREMISESO(Eaoceu ence) $ Included CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED ONLY x SCHEDULED AUTOS NON-OWNED OON-O ONED X EBA0476991 02/21/2018 02/21/2019 (Ea acccidaentSINGLE LIMIT t) $ 1,000,000 BODILY INJURY (Per person) $ $ $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE ECP0476991 02/21/2018 02/21/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N / A PER OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLESACORD 101, Additional Remarks Schedule, may be attached if more space is required) 2019 On -Call Structural Bridge Consulting and Bridge Inspection Services Contract Scope of Services State of Washington, City of Spokane Valley, their officers, employees, and agents are hereby an additional insuredsper attached CGP204 0512 and AA288 0116, which includes primary and non contributory wording. Cityof Spokane Valle p y 10210 E Sprague Ave Spokane Valley, WA 99206 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE WAIrti 'hit4WA ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" We waive any right of recovery we may have causing "bodily injury" or "property dam - against any person or organization because of age". payments we make for "bodily injury" or "property damage" arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the Section II - ed the "bodily injury" or "property damage" oc- Liability Coverage, A. Coverage, 1. curs subsequent to the execution or the "in- Who is an Insured: sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. AA 288 01 16 An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: AA 288 01 16 a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION 11 - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 5. We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III - PHYSICAL DAM- AGE COVERAGE, A. Coverage, 4. Coverage Extensions. AA 288 01 16 K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION I11 - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or (2) Actual cash value of the stolen or damaged property. b. An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair - Waiver of Deductible SECTION 111 - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. AA 288 01 16 P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract", 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPakTM CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 8 3. Medical Payments 8 4. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) 8 5. 180 Day Coverage for Newly Formed or Acquired Organizations 8 6. Waiver of Subrogation 9 7. • Automatic Additional Insured - Specified Relationships: 9 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and • Contractors' Operations 8. Broadened Contractual Liability - Work Within 50' of Railroad Property 12 9. Property Damage to Borrowed Equipment 12 10. Employees as Insureds - Specified Health Care Services: 13 • Nurses; • Emergency Medical Technicians; and • Paramedics 11. Broadened Notice of Occurrence 13 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorsement, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GCP 204 05 12 Services Office, Inc., with its permission. Page 1 of 13 4. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 1. Employee Benefit Liability Coverage a. The following is added to SECTION I - COVERAGES: Employee Benefit Liability Coverage. (1) GCP 204 0512 Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable, to which this insurance ap- plies. We will have the right and duty to defend the in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any. report of an act, error or omission and settle any claim or "suit" that may re- sult, But: 1) The amount we Will pay for damages is limited as described in SEC- TION III LIMITS OF INSURANCE; and 2) Our right and duty to defend ends when we have used up the appli- cable limit .of insurance in the payment of judgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b) This insurance applies to damages only if the act, er- ror or omission, is negli- gently committed in the "administration" of your "employee benefit program"; and 1) Occurs during the pot - icy period; or 2) Occurred prior to the "first effective date" of this endorsement pro- vided: a) You did not have knowledge of a claim or "suit" on or before the "first effective date" of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 13 COVERAGE PREMIUM BASIS (a) Area (b) Payroll (c) Gross Sales (d) Units (e) Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b. Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 1. Employee Benefit Liability Coverage a. The following is added to SECTION I - COVERAGES: Employee Benefit Liability Coverage. (1) GCP 204 0512 Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable, to which this insurance ap- plies. We will have the right and duty to defend the in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any. report of an act, error or omission and settle any claim or "suit" that may re- sult, But: 1) The amount we Will pay for damages is limited as described in SEC- TION III LIMITS OF INSURANCE; and 2) Our right and duty to defend ends when we have used up the appli- cable limit .of insurance in the payment of judgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b) This insurance applies to damages only if the act, er- ror or omission, is negli- gently committed in the "administration" of your "employee benefit program"; and 1) Occurs during the pot - icy period; or 2) Occurred prior to the "first effective date" of this endorsement pro- vided: a) You did not have knowledge of a claim or "suit" on or before the "first effective date" of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 13 ized representa- tive"; 1) Reports all, or any part, of the act, error or omission to us or any other insurer; 11) Receives a written or ver- bal demand or claim for dam- ages because of the act, error or omission; and b) There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error,or omission,• committed by any insured, including the willful or reck- less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". (e) Inadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon: 1) Failure of any invest- ment to perform; 2) Errors in providing in- formation on past per - Includes copyrighted material of Insurance GCP 204 05 12 Services Office, Inc., with its permission. formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f) Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Ad of 1974, as now or hereafter amended, or by any similar federal, state or local laws. (h) Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other col- lectible insurance. (i) Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (j) Employment -Related Practices Any liability arising out of any: (1) Refusal to employ; (2) (3) Termination ployment; Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ - of em - Page 3 of 13 ment related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced by the following: (1) If you are designated in the Dec- larations as: GCP 204 05 12 (a) An individual, you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your manag- ers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "ex- ecutive officers" and direc- tors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2) Each of the following is also an insured. (a) Each of your "employees" who is or was authorized to administer your "employee benefit program". (b) Any persons, organizations or "employees" having proper temporary authoriza- tion to administer your "em- ployee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or ma- jority interest, will qualify as a Named Insured if no other simi- lar insurance applies to that or- ganization. However, coverage under this provision: (3) (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION 111 - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage and the rules below fix the most we will pay regard- less of the number of: (a) Insureds; (b) Claims made or "suits" brought; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 13 (c) Persons or organizations making claims or bringing "suits"; (d) Acts, errors or omissions; or (e) Benefits included . in your "employee benefit program". (2) The Aggregate Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed in the "administration" of your "employee benefit program". Subject to the limit described in (2) above, the Each Employee Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of (3) (a) (b) An act, error or omission; or A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em- ployee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program". (4) Deductible Amount (a) Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b) The deductible amount stated in the Declarations applies to all damages sus- tained by any one "em- ployee", including such "em- ployee's" dependents and beneficiaries, because of all acts, errors or omissions to which this insurance ap- plies. (c) The terms of this insurance, including those with respect to: 1) Our right and duty to defend the insured against any "suits" seeking those dam- ages; and 2) Your duties, and the duties of any other in- volved insured, in the event of an act, error or omission, or claim, apply irrespective of the ap- plication of the deductible amount. (d) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as we have paid. d. Additional Conditions As respects Employee Benefit Li- ability Coverage, SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as fol- lows: (1) Item 2. Duties in the Event of Occurrence, Offense, Claim or Suit is deleted in its entirety and replaced by the following: 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit a. You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1) What the act, error or omission was and when it oc- curred; and (2) The names and addresses of any- one who may suf- fer damages as a Includes copyrighted material of Insurance GCP 204 05 12 Services Office, Inc., with its permission. Page 5 of 13 GCP 204 05 12 result of the act, error or omission. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately re- cord the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practi- cable. c. You and any other in- volved insured must: (1) Immediately send us copies of any demands, notices, summonses or le- gal papers re- ceived in connec- tion with the claim or "suit"; (2) Authorize us to ob- tain records and other information; Cooperate with us in the investigation or settlement of the claim or de- fense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or or- ganization which may be liable to the insured be- cause of an act, error or omission to which this in- surance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. (3) (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this in- surance is primary, our obligations are not af- fected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whi- chever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insurance in force previous to the ef- fective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 13 DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs'; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation in any benefit included in the "employee bene- fit program". However, "administration" does not include: a. Handling payroll deduc- tions; or b. The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment in- surance, social security benefits, workers' com- pensation and disability benefits. 2. "Cafeteria plans" means plan authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3. "Employee benefit pro- grams" means a program providing some or all of the following benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a. Group life insurance; group accident or health insurance; den tal, vision and hearing plans; and flexible spending accounts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligi- bility requirements; b. Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such benefits are made gen- erally available to all "employees" who are eligible under the plan for such benefits; c. Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d. Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assistance plans; transportation and health club subsi- dies. 4. "First effective date" means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2) The following definitions are de- leted in their entirety and re- placed by the following: 21. "Suit" means a civil pro- ceeding in which money damages because of an act, error or omission to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our con- sent; b. Any other alternative dispute resolution pro- ceeding in which such Includes copyrighted material of Insurance GCP 204 05 12 Services Office, Inc., with its permission. Page 7of13 damages are claimed and to which the in- sured submits with our consent; or c. An appeal of a civil pro- ceeding. 8. "Employee" means a person actively employed, formerly employed, on leave of ab- sence or disabled, or re- tired. "Employee" includes a "leased worker". "Employee" does not include a "tempo- rary worker". 2. Unintentional Failure to Disclose Haz- ards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. 3. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 3. Medical Pay- ments of this endorsement. 4. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. GCP 204 05 12 With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 4. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits . of Insurance shown in Section B. Limits of Insur- ance, 4. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) (2) (3) Insureds; Claims made or "suits" brought; or Persons or organizations making claims or bringing "suits". b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in excess of the deductible amount stated in Section B. Limits of Insur- ance, 4. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement. The limits of insurance will not be reduced by the application of such deducti- ble amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. We may pay any part or all of the deductible amount to effect set- tlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly re- imburse us for such part of the deductible amount as has been paid by us. 5. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION 11 - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is here- by deleted and replaced by the following: (3) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 13 a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 6. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments- we make for injury or damage arising out of your ongo- ing operations or 'your work" done under a written contract requiring such waiver with that person or organization and in- cluded in the "products -completed opera- tions hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suit" or trans- fer those rights to us and help us enforce those rights. 7. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II - WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 7.a.(2) be- low (hereinafter referred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of: (a) A written contract or agree- ment; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective dur- ing the policy period; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- GCP 204 05 12 sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or or- ganizations are additional insur- eds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 7.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not ap- ply to: 1) Any "occurrence" which takes place after you cease to be a tenant in that premises. 2) Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Any person or organization from which you lease equipment with whom you have agreed per Paragraph 7.a.(1) above to provide in- surance. Such person(s) or organization(s) are insureds solely with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such per- son(s) or organizatiop(s). However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. (c) Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 7.a.(1) above to provide in- surance, but only with re- spect to "bodily injury" or "property damage" arising out of 'your products" which are distributed or sold in the regular course of the ven- dor's business, subject to Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 13 the following additional ex- clusions: 1) The insurance afforded the vendor does not apply to: a) "Bodily injury" or "property damage" for which the ven- dor is. obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b) Any express war- ranty unauthorized by yau; c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, unless unpacked solely for the pur- pose of inspection, demonstration, testing, or the sub- stitution of parts under instructions from the manufac- turer, and then re- packaged in the original container; e) Any failure to make such inspec- tions, adjustments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in con- nection with the distribution or sale of the products; Demonstration, in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with 1) g) the sale of the product; Products which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor. 2) This insurance does not apply to any insured person or organization: a) From whom you have acquired such products, or any ingredient, part or container, entering into, ac- companying or containing such products; or b) When liability in- cluded within the "products - completed opera- tions hazard" has been excluded un- der this Coverage Part with respect to such products. (d) Any state or political subdi- vision with which you have agreed per Paragraph 7.a.(1) above to provide in- surance, subject to the fol- lowing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies: 1) The existence, mainte- nance, repair, construc- tion, erection, or re- moval of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or Includes copyrighted material of Insurance GCP 204 05 12 Services Office, Inc., with its permission. Page 10of13 (3) GCP 204 05 12 2) The construction, erec- tion, or removal of ele- vators; or 3) The ownership, main- tenance, or use of any elevators covered by this insurance. (e) Any state or political subdi- vision with which you 'have agreed per Paragraph 7.a.(1) above to provide in- surance, subject to the fol- lowing provisions: 1) This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2) This insurance does not apply to "bodily injury", "property damage" or "personal and advertis- ing injury" arising out of operations performed for the state or political subdivision. (f) Any person or organization with which you have agreed per Paragraph 7.a.(1) above to provide insurance, but only with respect to liability arising out of 'your work" performed for that additional insured by you or on your behalf: A person or organi- zation's status as an insured under this provision of this endorsement continues for only the period of time re- quired by the written con- tract or agreement, but in no event beyond the expiration date of this Coverage Part If there is no written contract or agreement, or if no period of time is required by the written contract or agree- ment, a person or organiza- tion's status as an insured under this endorsement ends when your operations for that insured are com- pleted. Any insurance provided to an additional insured designated under Paragraph 7.a.(2): (a) Subparagraphs (e) and (f) does not apply to "bodily in- jury" or "property damage" included within the "prod- ucts -completed operations hazard"; (b) Subparagraphs (a), (b), (d), (e) and (f) does not apply to "bodily injury" "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the ad- ditional insured or their agents, "employees" or any other representative of the additional insured; or (c) Subparagraph (f) does not apply to "bodily injury", "property damage" or "per- sonal and advertising injury" arising out of: 1) Defects in design fur- nished by or on behalf of the additional in- sured; or 2) The rendering of, or failure to render, any professional architec- tural, engineering or surveying services, in- cluding: a) The preparing, ap- proving or failing to prepare or ap- prove maps, shop drawings, opin- ions, reports, sur- veys, field orders, change orders or drawings and specifications; and b) Supervisory, in- spection, architec- tural or engineer- ing activities. 3). "Your work" for which a consolidated (wrap-up) insurance program has been provided by the prime contractor -project manager or owner of the construction project in which you are in- volved. b. Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 7.a.(2) Sub- paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 13 Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1) Condition 5. Other Insurance is amended to include: (a) Where required by a written contract or agreement, this insurance is primary and / or noncontributory as respects any other insurance policy issued to the additional in- sured, and such other in- surance policy shall be ex- cess and / or noncontribut- ing, whichever applies, with this insurance. (b) Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1) As otherwise provided in SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS, 5. Other In- surance, b. Excess Insurance; or 2) For any other valid and collectible insurance available to the addi- tional insured as an ad- ditional insured by at- tachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided un- der this endorsement shall also be excess. (2) Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11. Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 7.a.(2)(f) above only: GCP 204 05 12 If a written contract or agreement between you and the additional insured speci- fies that coverage for the additional insured: a. Be provided by the In- surance Services Office additional insured form number CG 20 10 or CG 20 37 (where edi- tion specified); or b. Include coverage for completed operations; or c. Include coverage for 'your work'; and where the limits or cov- erage provided to the addi- tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 7.a.(3)(a), 7.a.(3)(b) or 7.b. above; or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office ad- ditional insured form num- ber CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 7.a.(3)(a) and 7.a.(3)(b) of this endorsement shall not apply and Paragraph 7.b. of this endorsement shall ap- ply. 8. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 9. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 13 Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b. With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply. (1) The Limits of insurance shown in the Declarations are replaced by thelimits designated in Section B. Limits . of Insurance, 9. of this endorsement with respect to coverage provided by this en- dorsement. These limits are in- clusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 9. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of. (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 9. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. GCP 204 05 12 (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION II - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies 'takes place. 11. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 13 i %SAM' SYSTEh1 FOR "'ARD MANAGEMENT A NEW WAY TO SIGN LN - If you already have a SAM account, use your SAM email for login.gov. Log In Login.gov FAQs HOME SEARCH RECORDS DATA ACCESS CHECK STATUS ABOUT HELP A ALERT - June u. 2018: Entities registering in SAM must submit a notarized letter appointing their authorized Entity Administrator. Read our updated FAQs to learn more about changes to the notarized letter review process and other system improvements. 8 ALERT - There maybe a delay in data updates between the Small Business Administration (SBA) and SAM. If you notice any issues rith your entity's SBA status or trouble on the SBA Supplemental page, please contact the Federal Service Desk. Entity Dashboard ► Entity Overview ► Entity Registration ► Core Data ► Assertions ► Reps & Certs ► POCs ► Exclusions • Active Exclusions Inactive Exclusions ► Excluded Family Members RETURN TO SEARCH SARGENT ENGINEERS INC DUNS: 135953032 CAGE Code: 1DZW9 Status: Active Expiration Date: 03/14/2019 Purpose of Registration: All Awards 32oRONLEELNNW OLYMPIA, WA, 98502-9241, UNITED STATES Entity Overviews Entity Registration Summary Name: SARGENT ENGINEERS INC Business Type: Business or Organization Last Updated By: Janice Smith Registration Status: Active Activation Date: 0344/2018 Expiration Date: 0344/2019 2019 Exclusion Summary Active Exclusion Records? No