HomeMy WebLinkAboutPW18-283 - Original - JECB LLC - James Street Pavement Rehabilitation Project - 07/13/2018 ENT Records Management Document
cument
CONTRACT COVER SHEET
j This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
® Pink Sheet Attached
Vendor Name: JECB
Vendor Number (JDE):
Contract Number (City Clerk) w............ '_ _ .,_..
Category: ContractAgwreement
Sub-Category (if applicable) Other,,,.,..._
Project Name: James Street Pavement Rehabilitation Proiect.
Contract Execution Date: 6/29/18 Termination Date: 12/31/19
Contract Manager: Paul Kuehne Department: PW Engineering
Contract Amount: $26,335
Approval Authority: ❑ Director ® Mayor ❑ City Council
Other Details: _The Consultant shall provlde„construction management,, construction
inspections, field materials testing and laboratory materials testing for the James Street
Pavement�kehabilitation Project
Please complete pffl of the information below and attach a copy of your scope of work and/or
bids. If a field is not applicable, please indicate. Call Nancy at 5508 with any questions.
REQUEST FOR:
® CONTRACT ❑ AMENDMENT ❑ CHANGE ORDER
® Consultant Services Agreement (provide specialized expertise or advice)
❑ Professional Services Agreement (attorney, real property appraiser, surveyor)
❑ Goods & Services Agreement*
(provide goods, goods& service, or a service other than consulting or professional nature)
❑ Public Works Agreement (if contract is less than $35,000, select an option below)*
(provide work, construction, alteration, repair, or improvement to public facilities, other than ordinary maintenance)
❑ Public Works Agreement (Bond)
❑ Public Works Agreement (50% Holdback)
* Fou Goods & Services and Public Works Agreements, you will creed to s>oh it nt bast t hror (3) bids. Once
olbl:aVn�ed, prelpare a mere r outhning the sele(Rion process and attach a r„;r?(r}r of the merno and bid,, to the
request.
Contract Manager: Paul Kuehne
Project: James Street Pavement Rehabilitation
Project Number: 18-3005
Project Account Number: R20074
Name of Consultant/Contractor/Vendor: JECB
Contact Person: Jamie Hicks
Complete Address: PO Box 832
(Including City, State, Zip Code) Auburn WA 98071
Phone: 253 405-4654
Fax:
Email: jecboffice@gmail.com
Contract Completion Date: 12/31/2019
Contract Amount (Including sales tax): $26,335
Amendment/Change Order Amount: $
Total (Contract + Amendment/Change Order): $26,335
Time extension only: ❑
PUBLIC WORKS CONSTRUCTION ENGINEERING
Paul Kuehne
Construction Engineering Supervisor
400 West Gowe
Kent, WA 98032
Fax: 253-856-6500
PHONE: 253-856-5543
June 14, 2018
RE: Consultant Selection Memo for James Street Pavement Rehabilitation
To the Project File:
Consultants were selected form the MRSC Roster for their ability to perform construction
inspection, field materials testing and laboratory materials testing for the above referenced
project. Each firm shortlisted from MRSC Roster was numerically rated by staff over six
matrices. This rating was advisory only however after internal review of the ratings and careful
consideration of the merits of each firm the staff selection panel elected the highest rated firm
(JECB). Some of the criteria influencing the final decision were the firms familiarity with City of
Kent internal procedures, past performance on similar projects, and response times to field
requests. The firm provided a proposal that lead to the successful negotiation of terms. The
selection process now proceeds toward contract formation.
(^j", a ) __ L._._ ,
Paul Kuehne,
Construction Engineering Supervisor
City of Kent Public Works Department
Timothy J. LaPorte, P.E. Public Works Director
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v
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
JECB LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and JECB LLC organized under the laws of the State of Washington, located and
doing business at PO Box 832, Auburn, WA 98071, Phone: (253) 405-4654, Contact: Jamie Hicks
(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide construction management, construction inspections, field
materials testing and laboratory materials testing for the James Street Pavement
Rehabilitation Project. For a description, see the Consultant's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Twenty Six Thousand, Three Hundred and Thirty Five Dollars ($26,335.00), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C, The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If
the City's use of Consultant's records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURAN_E, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
( refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act.
The City's use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Wa,i,v.erof Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provide, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Recor s Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City's duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts; and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000)
IN WITNESS, the parties below execute this Agreement which shall become effective on the
last date entered below. All acts consistent with the authority of this Agreement and prior to
its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to
have applied.
- CITY O KENT:
By �.... t By
Print M its me; fW (snanralure.)
L .t�isc-L — .,. Print Na 7e,;, Dana Ralph
_.._�.... Its,._. Ma+Lor..
DATE:_ O' fe_ DATE:
_..__._ ���lllll
NOTICES TO BE SENT TO: __ "' —
NOTIC TO BE SENT TO::
CONSULTANT: CITY Of KENT:
Jamie Hicks Timothy 1. LaPorte, P.E,
JECB LLC City of Kint
PO Box 832 220 Fou th Avenue South
Auburn, WA 980/1 Kent, W 98032
(253) 405-4654 (telephone) (253) 85 -5500 (telephone)
q (253) 85. '-6500 (facsimile)
APPikOIJ EO AS TO FORM:
ent La Department
ATT:
r -
Kent City Cle»r.
CONSULTANT SERVICES AGREEMENT - 5
(over$20,000)
i
DECLARATIO
CITY OF KENT EQUAL EMPLOYMENT 3PPORTUNITY POLICY
The City of Kent is committed to conform to Federal anc State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers ho perform work with relation to this
Agreement shall comply with the regulations of th City's equal employment opportunity
policies.
The following questions specifically identify the require ents the City deems necessary for any
contractor, subcontractor or supplier on this specific A reement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misr apresents themselves with regard to the
directives outlines, it will be considered a breach of c intract and it will be at the City's sole
determination regarding suspension or termination for al or part of the Agreement;
The questions are as follows:
1, I have read the attached City of Kent administrat6 e policy number 1.2.
2. During the time of this Agreement I will not disc iminate in employment on the basis of
sex, race, color, national origin, age, or the Ares nce of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contr ctor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime con:ractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor comp ied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By. —
d _
For
Title;
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
i
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
i
i This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
i
I
i
EXHIBIT A
J Geotechm"I Engineering Date 19 1E
Pts,
�)JECB Construction MaterialsrestingQl I (st of nie I R1
Jame•�St Pavement Re hat,
.. ...._. .... -----.-.,..... _...... ._.inspection, ...: ,_.....
CITY OF KENT
220-4� Avenue S.
Kent,IVA 98032-5895
Re: Proposed Scope of Services for"James Street Pavement Rehabilitation`
Atm: Mr_Paul Kuchne,Construction Management Supervisor
After reviewing the project plans and specifications we have compiled a list of items that we feel wilt be
required for cur successful completion of this contract. Below please find a list of services and their brief
scope that we will provide for this contract. Our personnel perform Construction/ Project Management as
well as quality assurance testing and inspection. This allows maximum flexibility for a successful project,
provides better communication between responsible parties,and significantly reduces cost associated with
additional contracts,markups,and lost time due to communication errors or scheduling issues.
Schedule,.A
Anticipated Materials Testing Services:
Field
• in-place density testing of compacted Hot Mix Asphalt(FINIA)(ASTM D 2950)
• in-place density testing of soils(ASTM D 6938)
• Concrete Testing- includes slump (ASTM C 143), air content (pressure method) (ASTM C 231),
temperature(ASTM C 1064),making compressive strength cylinders(ASTM C 31)
• inspection of reinforcing steel
Lab
• Sieve Analysis of Soils(ASTM C 136)
• Sieve Analysis of Soils Finer than#200(ASTM C 117)
• Sand Equivalent(ASTM D 2419)
• Fracture Count(ASTM D 5821)
• Moisture Density(ASTM D 7557)
• Rice Density(ASTM D 2041)
• Percentage asphalt by ignition method and gradation(ASTM D 63M
• Compressive strength cylinders(ASTM C 39)
Anticipated Geotechnica)Engineering Services:
• Verification of Subgrade.
• Verification/Determination of unsuitable soils.
• Recommendation for remediation of unsuitable soils
• Soils Classification
If you have any questions or it JECB can be of any further assistance please call on us at(253)405-4654.
Respecthdly Submitted,
JECB ��.dd
)a�revice � 114
Jamie Hicks
._._..�..._. _..__ ...._..
L boor( PC Box 832 Auburn] 1 980712rrinil coin _
i
i
CnnstmaN n i is I esfi Inspection, _j 6 24-1F
B S
JECs S ecraL ins ettwns pgo"j CtyofKent-2018
P P
M ttenals 7 esttnb fames 't PavexnenE]ichah
Fit,a
Schedule of Fees & Services,
Schedule A �.
l Nstimated Services
C nee Hours
AEs hslUSotONALS'ERVICES
p ..., enmeter°%# _ L. $950O Per hour
L_ _.. oe _ . .. ._..__.
[e'° �.. $9500�_ Y r hotu .� 7(10�, 51900tLQi7
Reinforce C mere.., �� .. . .. ...._ _ ..
Adnunia[ratne Services _ $S0 00 I, uer hour �0 S1,000.00
Staft Eu`titneer/Geofo4�t r ,. .._ . $14 1 00.� .N.... ....I „I„ $0 00 rocs hour 1 0 1
€ e per hour 5 5700 00
LAB ES I'IN(if SERVICES
FA
otion&Gradation(ASIM D6M7) S 175.00 each ] 5175.00
ca Specific Crravlty IASTM 1l2(W1) $105.00 each 1 SI05.00
......_ ... ...._.w$25.00 each 120 $�,000.00re-DansityS1 M SI80.00 each I $Ift000
Soil Sand Equivalent l est(ASTM D2419) $7500 each I $7J00
Soil Sieve Analysis nrcludc ..00 Wash
I (CI36,CI 17) $1'25,00 each 1 $125.00
9otl Fracture.(Door)ASTM DSg21l _...__ $7s OOIT .. eaeh L S75 0... ..,..
0
nO
Mileafrc __ , ...... .._.... ._..... CHARGE ,,....,..._... ___....$0 00
NO
Pick UP .... ......... .._ (IIALLGE $0.00
_Sample Y _. .. _...... _ _._....... ......._..........—..,
ESTIMATED PROJECt TOTAL TOTAL. $26,93A00
_.. ._ ...... ....... ..,..'._ ..... ..... ..........._ ,,,_ ___......
"'Overtime rates(1 5)apply for all work-over 8 ins per shift, before 7am,aft
er ker 5 pm,holidays or
weekend
Schedule A contract only executed after specific Notice to proceed (NTP) received from City
of Kent for Schedule A only.
_..... ._. .. ..... wm..... .�.. .,...
.....Phone t2 I{OS-4o`L Esnail ireb(iffil eLSmail com
PC)Box 832 AutunnW ,9b0,I
Geotechnical Engineenng Date: fi 111b
Special Inspevhons [h rye e t,City of Kent NIS
JECB Materials T,sting James Stlavement Rchab
Co astruction Iasp echons Pt{oft
Key Staff&Associates
Jason E.C.Bell,PE(Geo-Engineer,Construction Manager,T'ESC Lead,Field Inspector)
Education/Years Experience_20+
BS Civil Engineering,1995 University of Washington
Pavement Surface Condition Analysis WSDOI
Erosionand Sediment Control lead ECO 3,BMP 160 WSDOE
Registrations and Affiliations
Registered Professional Enghicea,2001 Stale of Washington WA k37343
Nuclear Densometer Campbell Pacific Nuclear
Special Inspector,Reinforced Concrete,Structural iCC,WABO
Masonry,Spray Applied Fireproofing,Post Tension
Concrete
Certified Laboratory Technician,CIL#0403 The National Concrete Masonry Assoc.
Concrete Pield Technician,Level I American Concrete institute
Member American Concrete institute
Jason has focused on geo-technical engineering/soils,slope stability-failure analysis,fortnd nion design and
research since 2001. Design work ncludes; residential and commercial buildings, pile design and refusal
verification,mat and column foundations,pre-load techniques,various types of retaining walls,paving avid
road profiles, subgrade and bearing capacity determinations, settlement and consolidation calculations,
5WPPP,TFSC,surface and groundwater analysis,culverts and stream crossing design.
Jason has extensive experience in plan reading,WSDOI and JPC regulations,testing and inspection of soils,
concrete, masonry, asphdIt, post tension concrete, fireproofing, shotcrete and steel in Washington. Jason
has managed branch offices as well as provided these same services and Project Management in several
field laboratories throughout the Pacific Northwest Project management has involved; federally funded
projects, AREA paperwork, communication for RFE correction and stop work notices, adndn per LAG
manual and typical state forms,coordination with public utilities and property owners.
George Flicks(Project Manager,Field Inspector)
Education/Years'Experience-30+
Bates Tecimical College Survey Certificate Program
Erosion and Sediment Control Lead ECO 3,BMP 160 WSDOE
Registrations and Affiliations
Nuclear Densometer Campbell Pacific Nuclear
Concrete Field Technician,Level I American Concrete Institute
George has worked on numerous state and county projects throughout Southwest Washington as a WSDOT
employed construction materials inspector.George has managed both in&,e field and in the lab,numerous
construction projects such as ttie highway 509 cable stay bridge,1-5 repaving from Tacoma to King County
line,arid hdghway At paving projects.George has also served as an inspector in batch plants,both concrete
and asphalt concrete, thrmughout Western Washington. He has also served as an independent assurance
tester for WSDOT to ensure that contractors and 'inspectors were working within the specifications
provided by WSDOI, His most recent work includes a mmnber of different paving projects, concrete
placements,and laboratory materials testing.
(1s110
516.,4 LmalP,irdofNtc'4r?lghmt vtl come
YC)C-xssr_ Auburn WA 98071
Geotechmcal Engineering ate b t4 P
JHCB Special Inspections pnJret Cuv nt Kent 2018
Materials'Cestmg acres°tPavement Rehab
Construction Inspections I Fil 4
Jamie Hicks(Geologist,Project Manager,TESC lead,Field Inspector)
Education/Years Experience-20+
Bachelors Degree in Geology,1997 University of Puget Sound
Erusion and Sediment Control lead ECU 3,BMP 160 WSDOF,
Registrations and Affiliations
Nuclear Densometer Campbell Pacific Nuclear
Concrete Field Technician,Level I American Concrete Institute
Special Inspector,Reinforced Concrete,Structural ICC WABO
1NlasornTy
Previously- Certified Special Inspector, ScructurallCC,WABO
Steel
Jamie is a Geologist and an ICC certified Special Inspector, Jamie has performed numerous Geotechnicat
and Environmental investigations throughout Western Washington. He has landslide evaluation and field
investigation experience,His Special Inspection experience includes reinforced concrete,structural masom y,
structural steel and boffiug, concrete post tensioning,and fire proofing. He also has performed numerous
constrLulbon quality control / quality assurance inspections on various projects. In recent years he has
served as project marmger/construction quality control for Cooks Hill/Ham Hill Reservoirs,MCChOrd AFB
C and 1-I-Ramp Taxi lane, and Ft. Lewis Cell 6 landfill cover. His most recent Special Inspections include
senior inspector for the 4lh Avenue Bridge, tank and shotcrete for the Olympia Meridian Reservoir,
Winlock High and Middle Schools,and Thurston County Evaluation and Treatment Center_
Shannon Alexander(Special Inspector,Field Inspector)
Education/Years'Experience-10
Erosion and Sediment Control Lead ECO 3,BM?160 WSDOE
Registrations and Affiliations
Nuclear Densomeler Campbell Pacific Nuclear
Specialty Measurement Certification Boeing Aerospace Engineering Union
Precision Calibration'Training Boeing Aerospace Engineering Union
Cons trucEon T'oferance Verification Certification Boeing Aerospace Fngineering Union
Sharumn spent 8 years with the Boeing Airplane Company as a member of their Quality Control teen on
the 737 line. She is proficient in structural plan reading, using calibrated equipment to make precision
measurements, and utilizing a quality management systenn fur quality control inspecfiun purposes,
Shannon has experience in coatings applications, structural bolting and riveting inspections, and light
gauge metal welding. Shannon has made the transition from quality control along the airplane assembly
Line to quality control for the building industry effortlessly. Shannon has worked on current consh'uction
projects such as USDOT Federal Highways Middle Fork Smqualmie project,O'Reilly Automotive Auburn
Store 82,and Cascade Water Alliance-Fluare Replacementproject and Fish Barrier Spill Gate Project.
Phone (253)40566d Emad )echofhce0a gores! .in
PO Bos 832 Auburn WA 98077
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The 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 the Consultant, their 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. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent
coverage.
3. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional_Liabiiiity insurance appropriate to the
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
$1,000,000 per accident.
EXHIBIT B (Continued )
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate.
3. Professional Liability insurance shall be written with limits no
less than 1,000,000 per claim.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
i
EXHIBIT B (Continued )
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
��yy�lE JECBLLC-02 EIO
DATE(MMIDDIYriYI
CERTIFICATE OF LIABILITY INSURANCE 06122J201e
- — . .... _
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 endomement(s).
PRODUCER COOYACT __ .
Griffin MacLean Inc PHONE FAX --
2340 130th Ave NE D150 (AM,Na,E,y(425)822-1368 (Me,Ne);(425)822-2737
Bellevue,WA 98005 k#lg'63s,IDfo@grlffNnmaClean.com
INSURER(SI AFFORDING COVERAGE NAICA
INSUREa.A:Ohio Security Insuranca_C®_ 24082
INSURED INSURER 8
J ECB,LLC ,._..._..... -
Jamie Hicks INSURER c:
PO BOX 832 INSURER D:
Auburn,WA 98092 INSURER E:
INSURER F
COVERAGES -._ ___ ..........._...............
.... _.....___ ....r.. CERTIFICATE NUMBER. .... .... ... . ......__ REVISION,MUMBER:
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.
MEN ADOL SUER POLICY SIFF POLICY EXP
NMmD reYYiJRM ms xrx1.EACH OCCURRENCE ._ 2,000,000
POLICY NUMBER LIMITS
A X COMMERCIALGENERALLIABILITY I
CLAIMS-MADE X OCCUR X X BZS56778701 OW26=19 06/261209 fD'AMAG ES REWCrtnca) 2,000,000
REMI_ME❑EXP(Aayope pars.,,) S 15,000
-PERSONAL a ADV INJURY 3 2,000000
GENT AGGREGATE LIM�ITAPPLIES PER GENERAL AGGREGATE S 4,000„000
X.' POLICY JECT - _ LOC PRODUCTS-CDMPIOP AGG f 4,000,000
A AUTOMOBILE LIABILDY ......_ ..._....-,� ....._. COI SINGLE LIMIT .
Ice aoo,4) f 1,000,000
ANY AUTO BZS56778701 06/2612018 06/26/2019 BODILY INJURY(Par pampn) f
OWNED SCHEDULED -- -
AUTOS ONLY AUTOS p BODILY INJURY(ParauWntl _
X MRSONLY X ANOVO dLl� 4�rj"a,Uj� "� An,Ace f
_ ........ — _....._ ............... ...........-- - s......
UMBRELLA LIAR OCCUR .AI H t 1 URAFN. f1I.
EXCESS LIAR CLAIMS-MADE
_RED RETENTIONS
A WORKERS COMPENSATION PER )( OP I- _
AND EMPLOYERS'LABILITY YIN STATUTE E% ,
ANY PROPRIETORIPARTNERJEXECUTIVE X BZS56778701 06/26/2018 06/2612019 2,000,000
glen
EXCLUDED? NIA C I I ACH AYwf,,fILNC
(Men atU NNHi E L,DISEASE-EA EMPLOYEE S 2,000,000
RP Yaa da.6N and., - 2,000,000
_.,._PE$gFU 1gNOFOPERATIONSbNpw ,-._ ._. ., Off--._- _....... EL DISEASSE.POI LIMPT. $
A Business Owners Poll iBZS56776701 (6P20B2019 00l2812019 property�-� 10,927
_..._— .... .... .... ............ .______- .. _ ...._ - ..-...... ___ ...-.. .......DESCRIPTION OF OF OPERATIONS I LOCATIONS i VEHICLES iACORO 101,Addlapnal Remarks Spnadpla,may W Psyched N mM spew Le n,I.d)
Cortifloete holder Is named as additlonei insured as respects work performed by the named insured.
.. ............ ...-._ .. ... .....__..__
CERTIFICATE HOLDER__ ......... ..... .... _.....__..—__....,,CANCELLAITION ___.__._......____ .___._ ............. ........
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS.
Kent,WA 98032 -
AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CNA Professional Liability and Pollution Incident Liability Insurance
Policy Declaration
Please check this policy and endorsements against original order.
Griffin Underwriting Services assumes no responsibility for errors.
I
I
claiml;�gagus.cerm--- ............�_ ............... _- ------------- .,.i
NOTICE: THIS PROFESSIONAL LIABILITY AND POLLUTION INCIDENT LIABILITY INSURANCE POLICY IS
WRITTEN ON A "CLAIMS-MADE AND REPORTED" BASIS AND APPLIES ONLY TO THOSE CLAIMS FIRST
MADE AGAINST AN INSURED AND REPORTED TO THE INSURER IN ACCORDANCE WITH THE SECTION OF
THE POLICY ENTITLED CONDITIONS,THE CONDITION ENTITLED THE INSURED'S DUTIES IF THERE IS A
CLAIM.
Prefix: MCH Agency: 056125
Policy Number: 591896631
Insurance Is Provided by: Branch: 970
Continental Casualty Company
333 S. Wabash Ave„Chicago IL 60604
I
Named Insured: Address:
JECB P.O. Box 832
JECB -Jason Engineering R Consulting Business, Inc. Auburn, WA 98071
12/3112017 to 1 213 112 01 8 at 12:01 a.m. Standard Time 11213112015
at the Named Inured'.address shown above.
i
$10,000 Purchased Deductible
NIA Deductible Credit
$10,000 Per claim Deductible(Including claim expenses)
NIA Aggregate Deductible per policy year(Including claim expenses)
e
$2,000,000 Each claim Limit of Liability(including claim expenses)
$2,000,000 Aggregate Limit of Liability per policy year(including claim expenses)
$2,000,000 Each design defect circumstance Limit of Liability
$2,000,000 Aggregate design defect circumstance Limit of Liability per policy year
$2,D00,000 Each claim death or disability and non-practicing extended reporting period Limit
of Liability (including ciaim expenses)
$2,000,000 Aggregate death or disability and non-practicing extended reporting period Limit
of Liability (including claim expenses)
Farm No.CMA79035XX(09-2014) Policy No.MCH591896631
Policy Declaration Page 1 of 2 Policy Effective Date: 1 213 1/2 01 7
underwriting Company:Continental Casualty Company Policy Page: 2 of 24
333 S.Wabash Ave.,Chicago IL 60604
VC09)YOPtCNA AARfghl.Reow.d,
CNA Professional Liability and Pollution Incident Liability Insurance
Policy Declaration
12131 12015 is the date of the first policy issued to the Named Insured and continuously renewed by the Insurer,
-------- ---
$180,000 Is the IMTotal Billings or the 0 Total Contract Values
Premium $14,376.00 Broker Fee: $700,00
TOTAL $155076 00
Installment Premium Payment
$5,750.00 Due 0112712018
$4,313.00 Due 03131/2018
$4,313.00 Due 06/30/2018
CNA79035XX (09/2014) Professional Liability and Pollution Incident Liability Insurance Policy Declaration
CNA79168WA (09/2014) Cancellation/Non-Renewal Endorsement -Washington
CNA79169WA (02/2015) Amendatory Endorsement-Washington
CNA79124XX (09/2014) Prior Acts Coverage Limitation Endorsement
CNA79078XX (09/2014) Specified Limits for Prior Knowledge Claims Endorsement- Renewal Policies
CNA79034XX (09/2C14) Professional Liability and Pollution Incident Liability Insurance Policy
By:
Authorized Representative
By:
Countersignature (if required)
Form No;CNA79035XX (09-2014) Policy No: MCH591898631
Policy Declaration Page 2 of 2 Policy Effecirve Date: 12/31/2017
UndenvrMing Company!Continental Casually Company Policy Page: 3 of 24
333 S.Wabash Ave.,Chicago IL 60604
0 Gupynghl CNA Ml Hights Res �R
|
� Professional Liability and Pollution Incident Liability Insurance
CMA Policy Endorsement
|
' Wherever used in this endorse ment: 1)"Named Ins u red" means the first person or entity named on the
Declarations page; 2) "policy period" means policy term; and 8>'|naun:d(n)" means all persons orentities
|
| afforded coverage under the policy.
Any cancellation, non-renewal or termination provision(s) in the policy are deleted in their entirety and replaced
with the following:
CANCELLATION AND NON-RENEWAL
L CANCELLATION
A. The Named Insured may cancel the policy at any time. Todo so, the Named Insured must:
I. return the policy to the Insurer or any of its authorized representatives indicating the effective date
of cancellation; or
2. provide a written notice by mail fax or e-mail to the Insurer or any of its authorized representative
stating when the cancellation iotnboeffective;
%. provide verbal notice to the Insurer or any of its authorized representative indicating when the
cancellation |otobeeffective,
The Insurer will promptly cancel the policy upon notice of cancellation from the Named Insured the date
the Notice |x received nr the date the Named Insured requests cancellation.
B. The Insurer may cancel the policy by mailing or delivering to the Named Insured written notice of
cancellation, including the actual reason for the cancellation, at the last mailing address krowr to the
Insurer, atleast:
1. ter (1O) days before the effective date o1canco||ahonif the insurer cancels for nonpayment of
premium; or
2. forty-five (45) days before the effective date of cancellation if the Insurer cancels for any other
reason.
C. Like notice of cancellation will also be mailed to ary mortgage holder, pledge or other person shown in
the policy with an interest in any loss which may occur thereunder, at their last mailing address known
tu the Insurer.
Q. Notice of cancellation will state the effective date of cancellation. The policy period will end on that
date. If notice is mailed, proof of mailing will be sufficient proof of notice.
E. If this policy is canceled, the Insurer will send the Named Insured any premium refund due. If the
Insurer cancels, the refund will b* pro rate. K the Named Insured cancels, the refund will boonashort
rate basis. The cancellation will be effective even if the Irsurer has not made or not offered a refund.
II. NON-RENEWAL
A. The Insurer can non-renew the policy by giving written notice to the Named Insured, at the last mailing
address known, a1least forty-five (45)days before the expiration date. |f notice io mailed, proof of
mailing will Ue sufficient proof ofnotice.
B. The notice of non-renewal will state the actual reason for non-rerleW21. The Insurer will also mail written
notice of non-renewal to any mortgage holder or other person shown in the policy with an interest in
any loss which may occur thereunder, at their last mailing address known to the Insurer.
Ill. OTHER PROVISIONS
The Insurer will mail notice of any change in rates or coverage to the Named Insured ot least twenty (20)
CNA Professional Liability and Pollution Incident Liability Insurance
Policy Endorsement
I
i
days prior to the expiration date of the policy.
All other terms and conditions of the policy remain unchanged.
[This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
kes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
ate (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No:CNA79168WA(09-2014) Policy No. MCH591896631
Endorsement Effective Date: 12/31/2017 Policy Effective Date: 12/31/2017
Endorsement No: 1 ; Page 2 of 2 Policy Page: 5 of 24
Undemuting Company:Continental Casualty Company
333 S.Wabash Ave.,Chicago IL 60604
..v,ipye sy t yg �n emercvea __
Professional Liability and Pollution Incident Liability Insurance
CNAPolicy Endorsement
�
|
|tis understood and agreed that the Policy |a amended aofollows:
� !. The Section entitled COVERAGE, subsection B. entitled SUPPLEMENTAL INSURING AGREEMENT—
RECTIFICATION EXPENSE,the last paragraph of item 6. is deleted in its entirety and replaced with the
following:
|n the event that the Insurer and the Named Insured do not agree that the |ns"rod'n proposed ,eotifiortion
expense is reasonable, then the Insured and the Insurer may agree to submit such dispute to any form of
alternative dispute resolution acceptable to both parties. Should the Named Insured and the Insurer he
unable to agree on the form of alternative dispute resolution, then such dispute, if both parties agree by
mutral consent, may be submitted to binding arbitration administered by the American Arbitration
Association under its Construction Arbitration Rules, and judgment on the award rendered by the arbitrators
may bo entered |o any court having 1ur|oU|cdunthereof.
|Y. The Section entitled CONDITIONS |u amended aofollows:
The Condition entitled Legal Action Limitation, paragraph 2. orly, is deleted in its entirety and replaced by
the following:
2. If, after the final adjudication or settlement of a claim, there is any dispute concerning tort allegations
against the Insurer regarding the handling or settlement of any claim, the Insured and the Insurer May
agree to submit such dispute to any form of alternative dispute resolution acceptable to both parties.
Should the Insured and the Insurer be unable to agree on the form of alternative dispute resolution, then
such dispute, it both parties agree by mutral consent, may be submitted to binding arbitration
administered by the American Arbitration Association under its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrators may be ertered in any court having jurisdiction
thereof.
All otAortomou and conditions uf the policy remain unchanged.
Professional Liability and Pollution Incident Liability Insurance
CNA
Policy Endorsement
i
It is understood and agreed that the Policy is amended as follows:
I. The Section entitled COVERAGE, the paragraph entitled INSURING AGREEMENTS, is deleted in its entirety
and replaced with the following:
A. INSURING AGREEMENTS
The Insurer will pay all amounts in excess of the Deductible up to the Limit of Liability that the Insured
becomes legally obligated to pay as a result of:
1. Professional Liability
a wrongful act that results in a claim anywhere in the world; or
2. Pollution Incident.Liability
a pollution incident arising out of:
a, the Insured's activities or the activities of any person or entity for whom the Insured is liable;
b. liability that the Insured assumes from an insured client;
C. a covered location; or
d. a non-owned disposal site;
that results in a claim anywhere in the world;
provided that:
I. such wrongful act under paragraph 1. of this Insuring Agreement took place on or after 1213112015
or such pollution incident under paragraphs 2. a. through 2. d. of this Insuring Agreement arose cut
of activities that took place on or after 12/31/2015-1
ii. on the knowledge date set forth in the Item on the Declarations entitled KNOWLEDGE DATE, none
of the Insured's officers, directors, principals, partners, or insurance managers knew of any act,
error, omission or event that could reasonably be expected to become the basis of such claim; and
Ill. such claim is first made against the Insured during the policy yearand reported to the Insurer in
accordance with the Section of the Policy entitled CONDITIONS, the condition entitled The Insured's
Duties if There is a Claim. Except as set forth in the Section of the Policy entitled CONDITIONS, the
condition entitled The Insured's Rights and Duties In the Event of a Circumstance,a claim is
considered first made on the earlier of the Insured's or the Insurer's receipt of notice of the claim.
All other terms and conditions of the policy remain unchanged,
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No.CNA79124XX(09-2014) Policy No: MCH591896631
Endorsement Effective Date: 1 2131/201 7 Policy Effective Date: 12/31/2017
Endorsement No 3 ; Page 1 of 1 Policy Page: 7 of 24
Underwriting Company:Continental Casually Company
333 S.Wabash Ave.,Chicago IL 60604
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It is understood and agreed that the Policy is amended as follows:
I. The Declarations, the Item entitled LIMITS OF LIABILITY, is amended by the addition of the following new
sublimits:
$1,000,000.00 Each prior knowledge claim Limit of Liability (including claim expenses)
$2,000,000.00 Aggregate prior knowledge claim Limit of Liability per policy year
(including claim expenses)
II. The Section of the Policy entitled DEFINITIONS is amended by the addition of the following new definition:
Prior knowledge claim means a claim based on or arising out of any act, error, omission or event that, prior
to 1 2/31120 1 6 but not before 1 2131/2 0 1 5, the Insured's officers, directors, principals, partners or
insurance managers knew could reasonably be expected to become the basis of such claim.
III. The Section of the Policy entitled LIMITS OF LIABILITY/DEDUCTIBLE, the subsection entitled Limits of
Liability, is amended by the addition of the following new sublimits:
Subject to the paragraph below, the each prior knowledge claim Limit of Liability is the maximum the
Insurer will pay for each prior knowledge claim first made against the Insured and reported to the Insurer
during the policy year. This limit is a sublimit of liability, which further reduces and in no way increases the
applicable each claim and aggregate limits shown on the Declarations.
The aggregate prior knowledge claim Limit of Liability per policy year is the maximum the Insurer will pay
for all prior knowledge claims first made against the Insured and reported to the Insurer during the policy
year. This limit is a sublimit of liability, which further reduces and in no way increases the applicable
aggregate limit shown on the Declarations.
All other terms and conditions of the policy remain unchanged,
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No:CNA79078xx(09-2014) Policy No: MCH591896631
Endorsement Effective Date 1 213 1/20 1 7 Policy Effective Date: 1 2131/20 1 7
Endorsement No 4 : Page 1 of 1 Policy Pages 8 of 24
Underwriting Company Continental Casualty Company
333 S.Wabash Ave.,Chicago IL 60604
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Professional Liability and Pollution Incident Liability Insurance
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THIS PROFESSIONAL LIABILITY AND POLLUTION INCIDENT LIABILITY INSURANCE POLICY IS WRITTEN ON
A "CLAIMS-MADE AND REPORTED" BASIS AND APPLIES ONLY TO THOSE CLAIMS FIRST MADE AGAINST
AN INSURED AND REPORTED TO THE INSURER IN ACCORDANCE WITH THE SECTION OF THE POLICY
ENTITLED CONDITIONS, THE CONDITION ENTITLED THE INSURED'S DUTIES IF THERE IS A CLAIM.
Insurer means the Stock Insurance Company named on the Policy Declarations. Other key words and phrases
that have special meaning are displayed in bold face type. See the DEFINITIONS section of the Policy.
The Insurer and the Insured agree as follows:
I. COVERAGE
A. INSURING AGREEMENTS
The Insurer will pay all amounts in excess of the Deductible up to the Limit of Liability that the Insured
becomes legally obligated to pay as a result of:
1. Profession
a wrongful act that results in a claim anywhere in the world; or
2. Pollution Incident Liability
a pollution incident arising out of:
a. the Insured's activities or the activities of any person or entity for whom the Insured is liable;
I liability that the Insured assumes from an insured client;
c. a covered location; or
d. anon-owned disposal site;
that results in a claim anywhere in the world;
provided that:
I. on the knowledge date, none of the Insured's officers, directors, principals, partners, or insurance
managers knew of any act, error, omission or event that could reasonably be expected to become
the basis of such claim; and
ii. such claim is first made against the Insured during the policy year and reported to the Insurer in
accordance with the Section of the Policy entitled CONDITIONS, the condition entitled The Insured's
Duties if There is a Claim. Except as set forth in the Section of the Policy entitled CONDITIONS, the
condition entitled The Insured's Rights and Duties In the Event of a Circumstance,a claim is
considered first made on the earlier of the Insured's or the Insurer's receipt of notice of the claim.
B. SUPPLEMENTAL INSURING AGREEMENT—RECTIFICATION EXPENSE
The Insurer will reimburse the Named Insured for rectification expense in excess of the Deductible and
up to the applicable design defect circumstance Limit of Liability, provided that:
'I. the Insured reports the design defect circumstance as soon as practicable during the policy year and
in accordance with the Section of the Policy entitled CONDITIONS, the condition entitled The
Insured's Rights and Duties in the Event of a Circumstance; and
Form No:CNA79034XX(09-2014) Policy No MCH591896631
Policy Page 1 of 16 Policy Effective Dater 12/31/2017
Underwriting Company.Continental Casualty Company Policy Page: 9 of 24
333 S.Wabash Ave.,Chicago IL 60604
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2. the Insured demonstrates to the Insurer's satisfaction that there is a design defect which is
reasonably likely to give rise to a claim covered under this Policy; and
3. the Insured provides the Insurer with details of the action being contemplated by the Insured to
minimize any potential liability arising out of such design defect circumstance and the amount of
rectification expense that is contemplated in connection with such action,
a. as soon as practicable during the policy year or within sixty (60) days of the expiration of the
policy year', and
b. prior to incurring any rectification expense, except in the event of an emergency response, and
4. prior to incurring any rectification expense, the Insurer consents in writing to such rectification
expense(such consent not to be unreasonably withheld); and
5. in the event a claim is made arising out of a design defect circumstance, then the Insurer may, at its
sole discretion, cease paying further rectification expense associated with such design defect
circumstance; and
6. such design defect circumstance does not arise out of the same or similar design defect
circumstances for which reimbursement expenses have been requested or paid,
Such rectification expense will be reimbursed within ninety (90) days of the Insured's submission of a
proof of loss of such rectification expense.
In the event that the Insurer and the Named Insured do not agree that the Insured's proposed
rectification expense is reasonable, then the Insured and the Insurer agree to submit such dispute to any
form of alternative dispute resolution acceptable to both parties. Should the Named Insured and the
Insurer be unable to agree or the form of alternative dispute resolution, then such dispute shall be
submitted to binding arbitration administered by the American Arbitration Association under its
Construction Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in
any court having jurisdiction thereof.
C. DEFENSE AND SETTLEMENT
I. The Insurer has the right and duty to defend any claim against the Insured seeking amounts that are
payable under the terms of this Policy, even if any of the allegations of the claim are groundless,
false or fraudulent. The Insurer will designate or, at its option, approve counsel to defend the claim.
The Insurer is not obligated to defend any claim or pay any amounts after the applicable Limit of
Liability has been exhausted.
2. The Insurer will net settle any claim without the informed consent of the first Named Insured.
3. If a claim results in a punitive, exemplary, or multiplied damage award, the Insurer will pay such
award, up to the applicable Limit of Liability, to the fullest extent permitted by law.
II, SUPPLEMENTARY PAYMENTS
Except as noted in subparagraph D. below, payments made under this section are the Insurer's costs, are
not subject to the Deductible, and are in addition to the Limit of Liability shown on the Declarations.
A. Crisis Event Expenses
The Insurer will reimburse the Named Insured up to 50% of$30,000 per crisis event, subject to a
maximum reimbursement by the Insurer of$50,000 per policy year for all crisis events, for crisis event
expenses incurred as a result of a crisis event that occurs during the policy term.
B. Pre-claims Assistance
Until the date a claim is made, the Insurer may pay for all costs or expenses it incurs, at the Insurer's
sole discretion, as a result of investigating a circumstance that the Insured reports in accordance with
Form No.CNA79034XX (09-2014) Policy No: MCH591896631
Policy Page 2 of 16 Policy Effective Date. 12/31/2017
Undernriting Company:Continental Casualty Company Policy Page: 10 of 24
333 S.Wabash Ave.,Chicago IL 60604
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the Section of the Policy entitled CONDITIONS, the condition entitled The Insured's Rights and Duties in
the Event of a Circumstance.
C. Defendant Reimbursement
If the Insurer requests the Insured's presence at a trial, hearing, deposition, mediation or arbitration,the
Insurer will pay up to $500 a day per person, subject to a maximum amount of$15,000 per claim.
D. ADA, FHA, and OSHA
The Insurer will reimburse the Insured for legal fees and expenses up to $35,000 per policy year in
responding to regulatory or administrative actions brought directly against the Insured by a government
agency under the Americans with Disabilities Act of 1990 (ADA), the Fair Housing Act (FHA), or the
Occupational Safety and Health Act (OSHA), provided that the regulatory or administrative actions:
1. are first commenced during the policy year;
2. arise out of the performance of professional services; and
3. are reported to the Insurer prior to any legal fees or expenses being incurred.
After the Insurer has paid $35,000 under this provision, any additional amounts the Insurer agrees to
pay will be treated as claim expenses and will be subject to the Insured's Deductible and be included in
the Limit of Liability for the policy year in which the action was commenced. The Insurer will not be
responsible for any fines or penalties.
E, Disciplinary Proceedings
The Insurer will reimburse the Insured up to $25,000 in the aggregate per policy year, regardless of the
number of disciplinary proceedings, for attorney fees and other reasonable costs, expenses or fees
incurred by the Insured with the Insurer's prior written consent in responding to a disciplinary
proceeding commenced against the Insured during the policy year, provided that such disciplinary
proceeding is reported to the Insurer during such policy year.
F. Dodd-Frank Fees and Expenses
The Insurer will reimburse the Insured for legal fees and expenses up to $50,000 per policy year in
responding to regulatory or administrative actions brought directly against the Insured by a government
agency under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank),
provided that the regulatory or administrative actions:
1. are first commenced during the policy year;
2. arise out of the performance of professional services;
3. do not arise out of services performed by the Insured as a "municipal advisor" as defined in
Dodd-Frank; and
4. are reported to the Insurer prior to any legal fees or expenses being incurred.
The Insurer will not be responsible for any fines or penalties.
III. DEFINITIONS
Bodily injury means bodily injury, sickness, disease, mental anguish, or emotional distress sustained by a
person, including death resulting from any of these at any time.
Circumstance means an event reported to the Insurer during the policy term from which the Insured
reasonably expects that a claim could be made,
Claim means a demand for money or services, naming the Insured and alleging a wrongful act or pollution
incident.
Form No.CNA79034XX(09-2014) Policy No. MCH5 91 8 96 6 31
Policy Page 3 of 16 Policy Effective Date: 12/31/2017
Underwrtting Company:Continental Casualty Company Policy Page: 11 of 24
333 5_Wabash Ave.,Chicago IL 60604
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Claim expenses means:
I
1. fees charged by an attorney designated or approved by the Insurer to represent the Insured;
2. all other fees, costs, and expenses resulting from the investigation, adjustment, defense, and appeal of
a claim, if incurred by:
a, the designated attorney,
In. the Insurer, or
c. the Insured, with the Insurer's prior written consent, and
3. premiums for bonds posted in connection with an appeal. However, the Insurer is not obligated to
apply for or furnish any such bonds.
Claim expenses do not include fees and expenses of independent adjusters or salaries of the Insurer's
officials or employees, other than fees and expenses charged by the Insurer's employed attorneys who may
be designated to represent the Insured with the Insured's prior consent.
Covered location means a location owned, rented, or leased by the Named Insured, provided that such
location is scheduled onto this Policy as a covered location by endorsement issued by the Insurer. Covered
location does not include a location that has been sold, given away or abandoned by the Named Insured or
that has been condemned.
Crisis event means any',
1. wrongful act or pollution incident;
2. death, departure, or debilitating illness of a partner, officer, director or member of the Named Insured;
3. potential dissolution of the Named Insured for any reason other than bankruptcy; or
4. violent act, kidnapping, sexual assault, criminal firearm use or workplace accident resulting in negative
local or national media coverage of the Named Insured;
that the Named Insured reasonably believes will have a material adverse effect upon the Named Insured's
reputation.
Crisis event expenses means reasonable fees, costs and expenses incurred by the Named Insured for
consulting services provided by a public relations firm to the Named Insured in response to a crisis event,
but only for up to sixty (60) days following a crisis event.
Design defect means a wrongful act, but does not include any actual or alleged negligence in the review of
shop drawings and submittals, issuance of change orders, observation of construction or review of any
contractors' requests for payment.
Design defect circumstance means a circumstance arising out of a design defect for which the Insured has
requested reimbursement of a rectification expense from the Insurer.
Disciplinary proceeding means any pending matter, including an initial inquiry, before a state or federal
licensing board or a peer review committee to investigate charges alleging a violation of any rule of
professional conduct in the performance of professional services.
Domestic partner means any person qualifying as such under any federal, state or local laws or under the
Insured's employee benefit plans.
Emergency response means an action taken by the Insured to rectify a design defect that prevents imminent
bodily injury and/or material physical injury to or destruction of tangible property due to that design defect,
which is otherwise insured under this Policy.
Extended reporting period means the period of time after the end of the policy term for reporting claims to
the Insurer that are made against the Insured during the applicable extended reporting period arising out of:
Form No:CNA79034XX(09-2014) Policy No: MCH591896631
Policy Page 4 of 16 Policy Effective Date:1 2131/201 7
Underwriting Company:Continental Casualty Company Policy Page: 12 of 24
333 S.Wabash Ave.,Chicago IL 80604
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Professional Liability and Pollution Incident Liability Insurance
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I. a wrongful act that took place prior to the end of the policy term that is otherwise covered by this
Policy; or
2. activities that took place prior to the end of the policy term that result in a pollution incident that is
otherwise covered by this Policy.
Fungi means any form of fungus including but not limited to yeast, mold, mildew, rust, smut or mushroom,
and including any spores, mycotoxins, odors, or any other substances, products, or hyproducts produced
by, released by, or arising out of the current or past presence of fungi.
Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be.
Insured means the Named Insured,a newly acquired subsidiary and:
1. any past or present partner, officer, director, member, stockholder or employee of the Named Insured or
newly acquired subsidiary or leased personnel under the direct supervision of the Named Insured or
newly acquired subsidiary, but only while acting within the scope of their duties for the Named Insured
or newly acquired subsidiary;
2. a retired partner, officer, director, member, stockholder or employee of the Named Insured or newly
acquired subsidiary, but only for professional services or activities performed for or on behalf of, at the
request of, and for the benefit of the Named Insured or newly acquired subsidiary.
Insured does not include the estates, heirs, legal representatives, assigns, spouses, and any domestic
partner of any natural person within the definition of Insured. However, coverage is afforded to such
persons or entities under this Policy as provided in the Section of the Policy entitled CONDITIONS, the
condition entitled Estates, Legal Representatives and Spouses.
Insured client means a client for wham the Named Insured performs activities, but only if there is in place an
insured client contract.
Insured client contract means a written contract or agreement that is in effect between the Named Insured
and a client under which the Named Insured assumes the tort liability of the client or owner of the project to
pay compensatory damages to a third party for a pollution incident, but only to the extent that such pollution
incident is caused by the Named Insured's activities, or the activities of any person or entity for whom the
Named Insured is liable, and provided that such written contract or agreement is placed in effect prior to the
pollution incident and:
1. incorporates an enforceable indemnity provision pertinent to the pollution incident; or
2. requires the client or the owner of the project to be made an additional insured under the Policy that
insures the Named Insured against pollution incidents.
For purposes of this definition only, "tort liability" means liability for a civil or private wrong imposed by law
in the absence of any contract or agreement.
Knowledge date means the date set forth on the Declarations as the Knowledge Date.
Microbe means any non-fungal microorganism or non-fungal, colony-form organism that causes infection or
disease. Microbe includes any spores, mycotoxins, odors, or any other substances, products, or byproducts
produced by, released by, or arising out of current or past presence of microbes. But microbe does not mean
microbesthat were transmitted directly from person to person.
Named Insured means the persons or entities identified on the Declarations as the Named Insured.
Newly acquired subsidiary means any entity, newly formed or acquired by a Named Insured during the policy
term, in which such Named Insured has more than a 50% legal or beneficial interest. However, no such
entity will be deemed a newly acquired subsidiary beyond 90 days after the Named Insured acquires or
forms it. For coverage to continue beyond the first 90 days, the following conditions apply:
1. within 90 days of such formation or acquisition, the Named Insured must provide the Insurer with full
particulars of such newly acquired subsidiary;
Form No:CNA79034XX (09-2014) Policy No. MCH591896631
Policy Page 5 of 16 Policy Effective Date: 1 213 1/20 1 7
Underwriting Company:Continental Casualty Company Policy Page. 13 of 24
333 S. Wabash Ave.,Chicago IL 60604
Professional Liability and Pollution Incident Liability Insurance
CNA
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2, after receipt of such notice,the Insurer must agree to endorse this Policy to insure such newly acquired
I subsidiary; and
3. the Named Insured must pay the additional premium, if any, and agree to any amendment of the
provisions of this Policy by reason of such formation or acquisition.
Coverage exists for claims made against a newly acquired subsidiary only if, prior to the acquisition date or
formation date, none of the Insured's officers, directors, principals, partners, or insurance managers of the
j Named Insured or such newly acquired subsidiary knew of any act, error, omission, or event that could
reasonably be expected to become the basis of that claim.
Non-owned disposal site means a location not owned, operated, leased or rented by the Insured that is
used by the Named Insured for the treatment, storage or disposal of wastes or materials that are generated
by activities performed by or on behalf of the Named Insured, provided that:
1. such location is permitted or licensed by the applicable authority to accept such wastes or materials as
of the date such wastes or materials are treated, stored or disposed of at the location; and
2. such location is not listed on a proposed or final Federal National Priorities List or any equivalent
National Priority List, Superfund or Hazardous Waste List prior to the treatment, storage or disposal of
such wastes or materials at such location.
Nuclear facility means the site where a nuclear reactor is located or where nuclear waste or material is
disposed.
Policy term means the period of time from the effective date and time of this Policy to the date and time of
termination as shown on the Declarations, or its earlier cancellation date. Policy term does not include any
extended reporting period. If the length of the policy term is the same as the policy year, the terms policy
term and policy year are used interchangeably herein.
Policy year means the period of one year following the effective date of the policy term or any subsequent
one-year anniversary thereof. As permitted by individual state law, a policy year may be extended or
reduced by endorsement or by termination of the Policy.
Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned, or
reclaimed, Pollutants does not mean heat, smoke, vapor, soot, or fumes from a hostile fire or explosion.
Pollution incident means the actual or alleged,
1. discharge, dispersal, seepage, migration, release or escape of pollutants into or upon land, the
atmosphere, or any watercourse or body of water; or
2. inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of fungi or
microbes;
which results in bodily injury or property damage. However, a pollution incident cannot arise from
dishonest, fraudulent, malicious, or criminal conduct committed by the Insured or at the Insured's direction
or with the Insured's prior knowledge.
Professional services means those services that the Insured performs for others on behalf of a Named
Insured in the Insured's practice as an architect, engineer, interior designer, land surveyor, Ll green
building program consultant, landscape architect, construction manager, scientist, or technical consultant.
Property damage means the following:
1. physical injury to, damage to, or destruction of tangible property, electronic data, soil, surface water,
groundwater, plants, or animals, including the resulting loss of use thereof;
2. clean-up costs incurred by a third party or mandated by any governmental entity; or
3. loss of use of tangible property that has not been physically injured or destroyed.
Form No.CNA79034xX(09-2014) Policy No: MCH591896631
Policy Page 6 of 16 Policy Effective Date, 12/31/2017
UnderwrRing Company Continental Casualty Company Policy Page: 14 of 24
333 S_Wabash Ave.,Chicago IL 60604
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Professional Liability and Pollution Incident Liability Insurance
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Rectification expense means reasonable and necessary fees, costs and expenses incurred by the Named
Insured for rectification of a design defect caused by professional services in any part of the construction
works or engineering works for any project upon which the Insured is responsible for both desigr and
construction.
Related claims means all claims made against the Insured and reported to the Insurer during any policy year
arising out of:
1. a single wrongful act or related wrongful acts that are logically or causally connected by any common
fact, situation, event, transaction, advice, or decision;
2. a single design defect or related design defects that are logically or causally connected by any common
fact, situation, event, transaction, advice, or decision; or
3. ar activity or related activities that result in a single pollution incident or multiple pollution incidents that
are logically or causally connected by any common fact, situation, event, transaction, advice, or
decision.
Technology based services means professional services that utilize electronic information technology,
including custom software development, modification or integration; provided, however,that such
technology based services are provided solely to a specific client of the Named Insured.
Totally and permanently disabled means that the Insured is so disabled as to be wholly prevented from
rendering professional services, provided that such disability:
1. has existed continuously for not less than six (6) months; and
2. is reasonably expected to be continuous and permanent.
Wrongful act means an error, omission, or other act that causes liability in the performance of professional
services for others by the Insured or by any person or entity, including joint ventures, for whom the Insured
is liable. A wrongful act cannot arise from dishonest, fraudulent, malicious, or criminal conduct committed
by the Insured or at the Insured's direction or with the Insured's prior knowledge.
IV. EXCLUSIONS
The Insurer will not defend or pay under this Policy for any claim:
A. Claims by Insureds
brought by the Insured or on the Insured's behalf against another Insured covered by this Policy;
B. Contractual I lability
arising out of:
1. the Insured's actual or alleged liability under any oral or written contract or agreement, including but
not limited to express warranties or guarantees; or
2. any actual or alleged liability of others that the Insured assumes under any oral or written contract
or agreement.
However, this exclusion shall not apply to the Insured's liability that exists in the absence of such
contract or agreement.
In a foreign jurisdiction where the Insured's liability to a client is predicated only on contractual liability,
subparagraph 1. of this exclusion does not apply except to the extent that the Insured has agreed to
pay consequential or liquidated damages.
This exclusion does not apply to liability assumed by the Insured in an insured client contract;
C. Faulty Workmanship
Form No:CNA79034XX(09-2014) Policy No: MCH591896631
Policy Page 7 of 16 Policy Effective Date. 12/31/2017
Undemriting Company:Continental Casualty Company Policy Page: 15 of 24
333 S.Wabash Ave.,Chicago IL 60604
Professional Liability and Pollution Incident Liability Insurance
CMA
Policy
arising out of any actual or alleged cost to repair or replace faulty workmanship the Insured performs an
any construction, erection,fabrication, installation, assembly, manufacture or remediation, including any
materials, parts, or equipment furnished in connection therewith,
D. Liquidated Damages
for liquidated damages in excess of the Insured's liability caused by a wrongful act or a pollution
incident; for fines and penalties imposed on the Insured; or for the failure or refusal of a client to pay
money due the Insured; or for return of fees paid to the Insured;
E, Nuclear
arising out of any actual or alleged nuclear reaction, radiation, or contamination, under any
circumstances and regardless of cause, within or originating from a nuclear facility;
F. Owned Entity
made against the Insured by any entity:
1. which is operated, managed, or controlled by the Insured;
2. in which the Insured has an ownership interest in excess of 49%, or
3. which wholly or partly owns, operates, or manages the Insured;
G, Owned, Leased or Rented Property
arising out of any actual or alleged:
1. ownership, rental or leasing of any real or personal property including damage to property at any
time owned by or rented or leased by or to the Insured or by any person or entity for whom the
Insured is legally liable, or
2. pollution incident at, onto or from any real or personal property owned, leased or rented by the
Insured or by any person or entity for whom the Insured is legally liable, however, this exclusion
shall not apply to:
a. temporary storage of equipment or material at any staging or storage area that is associated
with the Insured's activities; or
b. pollution incidents at, onto or from a covered location of a Named Insured;
H. Prior Notice
arising out of any actual or alleged
1. wrongful act, pollution incident or any matter, fact, situation, transaction, or event,for which notice
was given by the Insured under any professional liability or pollution insurance coverage prior to the
effective date of this Policy; or
2. other wrongful act or pollution incident whenever occurring, which is logically or causally connected
by any common fact, situation, transaction, or event to the wrongful act or pollution incident
specified in paragraph 1. of this exclusion;
1. Sale or Distribution of Goods
arising out of any actual or alleged sale or distribution of goods or products by the Insured, or by others
under license from the Insured. This exclusion does not apply to furniture, furnishings or equipment
created or modified specifically for a client in connection with the Insured's professional services for
that client or to software created or modified specifically for a client in connection with technology
based services for that client;
J. Transportation
Form No:CNA79034XX(09-2014) Policy No: MCH591896631
Policy Page 8 of 16 Policy Effective Date: 12/31/2017
Underwriting Company Continental Casualty Company Policy Page: 16 of 24
333 S.Wahash Ave., Chicago IL 60604
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arising out of any actual or alleged ownership, entrustment, maintenance, use, operation, loading or
unloading of any automobile, aircraft, watercraft or rolling stock. However this exclusion shall not apply to
a pollution incident arising out of the ownership, entrustment, maintenance, use, operation, loading or
unloading of any automobile, aircraft, watercraft or rolling stock or arising from wastes or materials
transported by or on behalf of the Named Insured:
1. by an automobile, aircraft, watercraft or rolling stock during the course o`activities, or
2. to a non-owned disposal site:
I Unlawful Discrimination
arising out of any actual or alleged unlawful discrimination by the Insured against the Insured's personnel
or employment applicants or any obligation the Insured has under any employment, workers'
compensation, employers' liability, unemployment compensation, disability benefits, or other similar law.
V. LIMITS OF LIABILITY/DEDUCTIBLE
A. Limits of Liability
1. Subject to paragraph 2. below, the Limit of Liability shown on the Declarations as the each claim Limit
of Liability is the maximum the Insurer will pay for each claim first made against the Insured and
reported to the Insurer during the policy year.
2. The Limit of Liability shown on the Declarations as the aggregate Limit of Liability per policy year is
the maximum the Insurer will pay for all claims first made against the Insured and reported to the
Insurer during the policy year-
1 Subject to paragraph 4. below, the each design defect circumstance Limit of Liability shown on the
Declarations is the maximum the Insurer will pay as reimbursement expense for each design defect
circumstance reported by the Insured in accordance with the Section of the Policy entitled
COVERAGE, the subsection entitled SUPPLEMENTAL INSURING AGREEMENT— RECTIFICATION
EXPENSE. This limit is a sublimit of liability, which further reduces and in no way increases the
applicable each claim and aggregate limits shown on the Declarations.
4. The aggregate design defect circumstance Limit of Liability per policy year shown on the Declarations
is the maximum the Insurer will pay as reimbursement expense for all design defect circumstances
reported by the Insured in accordance with the Section of the Policy entitled COVERAGE, the
subsection entitled SUPPLEMENTAL INSURING AGREEMENT— RECTIFICATION EXPENSE. This limit
IS a sublimit of liability, which further reduces and in no way increases the applicable aggregate limit
shown on the Declarations.
5. All Limits of Liability set forth above apply on a policy year basis and are excess over any Deductible
amount. The policy year Limits of Liability may not be aggregated or transferred, in whole or in part,
so as to provide any additional coverage with respect to claims first made or deemed made, or any
design defect circumstance reported by the Insured, during any other policy year. If the Limits of
Liability as specified above for any policy year are exhausted, the Insurer's obligation for that policy
year shall be deemed completely fulfilled and extinguished,
6. All related claims, whenever made, shall be considered a single claim first made and reported to the
Insurer within the policy year in which the earliest of the related claims was first made and reported to
the Insurer.
7. Claim expenses are subject to and included within the applicable Limit of Liability.
B. Deductible
The Insured's obligation to pay up to the per claim Deductible amount shown on the Declarations and the
aggregate Deductible per policy year shown on the Declarations, if any, including but not limited to claim
expenses, shall apply to all Insuring Agreements and Supplemental Insuring Agreements under the Section
of the Policy entitled COVERAGE.
Form No:CNA79034XX (09-2014) Policy No: MCH591896631
Policy Page 9 of 16 Policy Effective Date: 12/31/2017
Underwriting Company:Continental Casualty Company Policy Page, 17 of 24
333 S.Wabash Ave_,Chicago IL 60604
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C. Reimbursement to the Insurer
If the Insurer has paid any amounts in excess of the applicable Limit of Liability, or within the amount of
the Insured's Deductible, the Insured shall be liable to the Insurer for all such amounts, and, upon
demand, shall pay such amounts to the Insurer.
D. More Than One Insured
Neither the applicable Limit of Liability nor the Insured's Deductible shall be increased because more
than one Insured is included in a claim.
E. Risk Mitigation Incentives
The Insured may be eligible for a Risk Mitigation Credit or an Early Resolution Credit for each claim. In
no way shall this section be construed to afford more than one such Risk Mitigation Incentive per claim.
1. Risk Mitigation Credit
The Insurer will reduce the Insured's Deductible obligation for a claim by 50%, up to $25,000, if,
within sixty (60) days of the date of the Insurer's request, the Insured provides the Insurer with a
copy of the written agreement that was executed by the Insured and the Insured's client prior to the
Insured's performance of the agreed-to professional services giving rise to such claim and the
Insured demonstrates, to the Insurer's reasonable satisfaction, the existence of any three (3) of the
following six (6)conditions:
a. The Insured's written agreement with the Insured's client specified payment terms, including a
schedule of when payments were to be paid to the Insured, which the Insured consistently
followed and enforced, or documented the Insured's attempt to do so.
b. Prior to the performance of the agreed-to professional services giving rise to the claim, the
Insured executed a separate written agreement and obtained certificates of insurance evidencing
both Professional Liability and General Liability insurance with each architect, engineer,
landscape architect, land surveyor, contractor, or construction manager the Insured engaged or
who engaged the Insured.
c. The Insured engaged with the Insured's client in a structured, contemporaneously documented,
pre-project planning process that produced a project definition document or package that
substantially addressed the following project parameters (only"i"through "iiI" are required to
satisfy this condition for study- and report-only contracts):
I. project objectives (e.g., business, economic, aesthetic, other);
ii. project constraints (e.g., budget, schedule, regulatory, other);
Ill. the bases for the design/investigation (e.g., site datairequirements, utilities
data/requirements,facility programming/requirements, equipment/technology requirements,
alternatives to be considered);
iv. project execution approach (e.g. staging, procurement strategy, delivery method, other);and
v. project monitoring and control procedures (e.g. quality, cost, schedule, other).
d. Prior to delivery to the Insured's client of the instruments or deliverables of the Insured's
professional services, a documented, independent peer review was completed, internally or
externally, by a qualified professional to assess the likelihood that such instruments or
deliverables would satisfy the Insured's client's objectives and would be in conformance with
good professional practice.
e. The Insured engaged with representatives of the project owner, entities responsible for
construction, and any other project stakeholders the Insured deemed appropriate in a structured,
contemporaneously documented constructability review process that provided for the timely
integration of construction input into project planning, design, and field operations.
EFormNo:CNA79034XX(09-2014) Policy No. MCH591896631
Page 10 of 16 Policy Effective Date 12131/2017
ing Company:Continental Casualty Company Policy Page. 18 of 24
333 S.Wabash Ave.,Chicago I L 60604
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Professional Liability and Pollution Incident Liability Insurance
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f. The Insured maintained a contemporaneously documented construction phase submittal log
indicating the as-planned and actual dates the Insured received and responded to every
submittal and the action taken.
2. Early Resolution Credit
If negotiation or mediation of a claim results in a resolution of such claim within one hundred and
eighty (180)days of the time it was reported to the Insurer in accordance with the Section of the
Policy entitled CONDITIONS, the condition entitled The Insured's Duties if There is a Claim, and
such resolution includes an indemnity payment by the Insurer, the Deductible applicable to such
claim will be reduced by 50%, up to$10,000.
VI. CONDITIONS
A. The Insured's Rights and Duties as the First Named Insured on the Policy Declarations
The first Named Insured, on behalf of all Insureds, will be:
1. authorized to make changes in the terms of this Policy with the Insurer's written consent;
2. authorized to receive any amounts the Insurer refunds; and
3. responsible for:
ar the payment of all premiums and Deductible obligations due the Insurer;
I keeping records of the information the Insurer needs for premium computation, and sending the
Insurer copies as it may request; and
c. notifying the Insurer of any cancellation or non-renewal.
B. The Insured's Duties if There is a Claim
If there is a claim, the Insured must do the following:
1. promptly notify the Insurer in writing. This notice must be given to the Insurer within the policy year
in which the claim is made or within sixty (60) days after its expiration or termination. All claims
reported during any extended reporting period shall be considered as having been made during the
last policy year this Policy was in effect. If the claim is made during any applicable extended
reporting period, then notice must be given to the Insurer within such extended reporting period.
Notice of a claim must be sent to the attention of either of the following:
a. CNA— Claim Reporting
P.O. Box 8317
Chicago, IL 60680-8317
fax: 866-773-7504
email, SpecialtyProNewLoss@cna,corn
I Attn: AE Claims
Victor O. Schinnerer& Company, Inc.
AE Professional Liability Claims
Two Wisconsin Circle, Suite 1100
Chevy Chase, Maryland 20815
fax: 301-951-5444
email: aeclaims@schinnerer.com;
2. specify the names and addresses of the persons making a claim against the Insured and provide the
Form No:CNA79034XX(09-2014) Policy No MCH591896631
Policy Page 11 of 16 Policy Effective Date 1 2131/201 7
Underwriting Company:Continental Casualty Company Policy Pages 19 of 24
333 S. Wabash Ave.,Chicago IL 60604
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CNA Professional Liability and Pollution Incident Liability Insurance
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Insurer with information on the time, place and nature of the claim;
3. immediately forward to the Insurer all documents that the Insured receives in connection with the
claim;
4. fully cooperate with the Insurer or the Insurer's designee in the defense of a claim, including but not
limited to assisting the Insurer in: the conduct of suits or other proceedings, settlement
negotiations, and the enforcement of any right of contribution or indemnity against another who
may be liable to the Insured. The Insured shall attend hearings and trials and assist in securing
evidence and obtaining the attendance of witnesses;
5. refuse, except solely at the Insured's own cost, to voluntarily make any payment, admit liability,
assume any obligation, or incur any expense, without the Insurer's prior written approval; and
6. pay the Deductible amount when due.
After the Insured reports a circumstance or a claim is made and the Insured has the right under any
contract to either reject or demand arbitration or other alternative dispute resolution process, the
Insured shall only do so with the Insurer's prior written consent.
C, The Insured's Rights and Duties in the Event of a Circumstance
If the Insured reports a circumstance for which there may be coverage under this Policy, and the
Insured gives the Insurer written notice containing as much detail as the Insurer can reasonably provide
regarding:
1. what happened and the professional services or activities the Insured performed;
2. the nature of any possible injury or damages; and
3, how and when the Insured first became aware of such circumstance;
then any claim or related claims that subsequently may be made against the Insured arising out of such
circumstance shall be deemed to have been made on the date the Insurer received written notice of the
circumstance.
The Insured will cooperate with the Insurer in addressing the circumstance, and refuse, except solely at
the Insured's own cost, to voluntarily make any payment, admit liability, assume any obligation, or incur
any expense without the Insurer's prior written approval.
D, Subrogation
If any Insured has rights to recover amounts from another,those rights are transferred to the Insurer to
the extent of the Insurer's payment. The Insured must do everything necessary to secure these rights
and must do nothing after a claim is made to jecpardize them, The Insurer hereby waives subrogation
rights against the Insured's client to the extent that the Insured had a written agreement to waive such
rights prior to a claim or circumstance.
E. Premium
All premium charges under this Policy will be computed according to the rules, rates and rating plans
that apply at the effective date of the current policy term.
F. Examination and Audit
The Insured agrees to allow the Insurer to examine and audit the Insured's financial books and records
that relate to this insurance. The Insurer may do this at any time during the policy term or any
extensions, and up to three years after the end of the policy term.
G. Legal Action Limitation
1. The Insured agrees not to bring any legal action against the Insurer concerning this Policy unless the
Insured has fully complied with all the provisions of this Policy.
Form No:CNA79034XX(09-2014) Policy No: MCH591896631
Policy Page 12 of 16 Policy Effective Date:12/31/2017
Undenwrfting Company:Continental Casualty Company Policy Page: 20 of 24
333 S.Wabash Ave.,Chicago IL 60604
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Professional Liability and Pollution Incident Liability Insurance
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2. If, after the final adjudication or settlement of a claim, there is any dispute concerning tort
allegations against the Insurer regarding the handling or settlement of any claim, the Insured and the
Insurer agree to submit such dispute to any form of alternative dispute resolution acceptable to both
parties. Should the Insured and the Insurer be unable to agree on the form of alternative dispute
resolution, then such dispute shall be submitted to binding arbitration administered by the American
Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered
by the arbitrators may be entered in any court having jurisdiction thereof.
I Changes to Policy
None of the provisions of this Policy will be waived, changed, or modified except by written
endorsement to this Policy.
I. Transfer of Interest
For a transfer of interest or an assignment of this Policy to be effective, the first Named Insured must
obtain the Insurer's written consent.
J. Other Insurance
If there is other collectible insurance, including but not limited to project specific insurance, that applies
to a claim covered by this Policy, the other insurance must pay first, and this Policy is excess over the
other insurance. This Policy applies to the amount of the claim that exceeds the available Limit of
Liability and any Deductibles or retention amounts of the other insurance. Provided, however, that for
liability assumed by the Named Insured in an insured client contract, this insurance is primary.
I Cancellation/Non-Renewal
The Insured's and the Insurer's rights are stated below and in the attached State Provisions
endorsement.
The Insurer will make the premium adjustment at the time that cancellation is effective, or as soon as
practicable after that time. Premium return will be computed pro rata if the Insurer cancels or if the
Insured cancels at the end of a policy year. But if the Insured cancels at any other time, only 90% of
the prorated premium will be returned.
L, Severability/Innocent Parties
Any Insured who did not commd, participate in, or have prior knowledge of dishonest, fraudulent,
malicious, or criminal conduct, or who did not fail to comply with the Section of the Policy entitled
CONDITIONS, the condition entitled The Insured's Duties if There is a Claim, paragraph 1., shall have
the coverage otherwise provided by this Policy.
M. Estates, Legal Representatives, and Spouses
Coverage is afforded under this Policy to the estates, heirs, legal representatives, assigns, spouses, and
any domestic partner of any natural person within the definition of Insured, but only for a claim arising
solely out of their status as such. In the case of a spouse or domestic partner, coverage is also
afforded under this Policy where such claim seeks damages from marital community property, jointly
held property, or property transferred from any natural person designated in the definition of Insured to
their spouse or domestic partner. No coverage is provided for any act, error, or omission of an estate,
heir, legal representative, assign, spouse or domestic partner. All terms and conditions of this Policy,
including without limitation the Deductible applicable to any claim, shall also apply to any claim made
against such estates, heirs, legal representatives, assigns, spouses, and domestic partners.
N. Extended Reporting Periods
1. Automatic extended reporting period
If this Policy is canceled or non-renewed either by the Insurer or by the first Named Insured and the
first Named Insured has not obtained similar coverage, the Insurer will provide an automatic,
Form No:CNA79034xx (09-2014) Policy No. MCH591896631
Policy Page 13 of 16 Policy Effective Data 12/31/2017
Underwriting Company:Continental Casualty Company Policy Page: 21 of 24
333 S.Wabash Ave.,Chicago IL 60604
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non-cancelable extended reporting period starting at the termination of the policy term. This
automatic extended reporting period will terminate after sixty(60) days.
2. Optional extended reporting period
a. If this Policy is canceled or non-renewed either by the Insurer or by the first Named Insured,
then the first Named Insured shall have the right to purchase a non-cancelable optional extended
reporting period.
If purchased, the first sixty (60) days of the optional extended reporting period run concurrently
with the sixty (60) days of the automatic extended reporting period.
b. The additional premium for the optional extended reporting period shall be fully earned at
inception and based upon the rates for such coverage in effect at the beginning of the policy
term and shall be for one (1) year at 100% of the policy term premium divided by the total
number of policy years in the policy term; three (3) years at 190% of the policy term premium
divided by the total number of policy years in the policy term; and five (5) years at 250% of the
policy term premium divided by the total number of policy years in the policy term.
c. The first Named Insured must provide the Insurer with written notice of its election to purchase
the optional extended reporting period and pay the full payment for such period within sixty (60)
days after the end of the policy term.
3. Death or disability extended reporting period
a, If an Insured dies or becomes totally and permanently disabled during the policy term, then,
upon the latter of the expiration of: the policy term; any renewal or successive renewal of this
Policy; or any automatic or optional extended reporting period,such Insured shall be provided
with a death or disability extended reporting period, as provided below.
I. In the event of death, such Insured's estate, heirs, executors or administrators must, within
sixty (60) days of the expiration of the policy term, provide the Insurer with written proof of
the date of death. This extended reporting period is provided to such Insured's estate,
heirs, executors and administrators.
ii. If such Insured becomes totally and permanently disabled, such Insured or such Insured's
legal guardian must, within sixty (60)days of the expiration of the policy term, provide the
Insurer with written proof that such Insured is totally and permanently disabled, including
the date the disability commenced, certified by such Insured's physician. The Insurer retains
the right to contest the certification made by such Insured's physician, and it is a condition
precedent to this coverage that such Insured agrees to submit to medical examinations by
any physician designated by the Insurer at the Insurer's expense. This extended reporting
period is provided until such Insured shall no longer be totally or permanently disabled or
until such Insured's death, in which case subparagraph i. hereof shall apply.
b. No additional premium will be charged for any death or disability extended reporting period.
4. Non-practicing extended reporting period
a. If, during the policy term, an Insured retires from, or otherwise voluntarily ceases, permanently
and totally, such Insured's practice as an architect, engineer or any other profession specifically
listed in the definition of professional services, and has been continuously insured by the Insurer
for at least ten (10)consecutive years, then such Insured shall have the right to purchase a
non-practicing extended reporting period commencing upon the latter of the expiration of: the
policy term; any renewal or successive renewal of this Policy; or any automatic or optional
extended reporting period.
b. The additional premium for the non-practicing extended reporting period shall be fully earned at
inception and based upon the rates for such coverage in effect at the beginning of the policy
term and shall be for ten (10) years at 250% of the policy term premium divided by the total
FFormNo:CNA79034XX(09-2014) Policy No: MCH591896631
Pago 14 of 16 Policy Effective Date. 12/31/2017
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number of policy years in the policy term.
a The Insured must provide the Insurer with written notice of such Insured's election to purchase
the non-practicing extended reporting period and pay the full premium for such period within
sixty(60)days after such Insured's date of retirement or sixty (60) days after the end of the
policy term, whichever is earlier.
As used herein, the Insured's "practice as an architect, engineer or any other profession specifically
listed in the definition of professional services"means such Insured's practice of any such
profession for a fee,whether as a sole practitioner or as a partner, officer, director, member,
stockholder or employee. The Insured's "practice as an architect, engineer or any other profession
specifically listed in the definition of professional services" does not include any pro bono services
performed by the Insured.
5. Extended reporting periods limits of liability
a. Automatic and optional extended reporting periods limits of liability
The Insurer's liability for all claims reported during any automatic and optional extended
reporting periods shall be part of and not in addition to the remaining Limits of Liability for the
final policy year.
b. Separate death or disability and non-practicing extended reporting period limits of liability
J. Limit of Liability - each claim
Subject to paragraph ii. below, the Insurer's limit of liability for each claim first made against
the Insured, and reported to the Insurer during the death or disability extended reporting
period or non-practicing extended reporting period, shall not exceed the amount shown on
the Declarations as the each claim death or disability and non-practicing extended reporting
period limit of liability.
ii. Limit of Liability- in the aggregate
The Insurer's limit of liability for all claims first made against the Insured, and reported to
the Insurer during the death or disability extended reporting period or non-practicing
extended reporting period, shall not exceed the amount shown on the Declarations as the
aggregate death or disability and non-practicing extended reporting period limit of liability.
6. Elimination of right to an extended reporting period
There is no right to any extended reporting period if the Insurer cancels or refuses to renew this
Policy due to:
a. non-payment of amounts due the Insurer ; or
b. noncompliance by the Insured with any of the terms and conditions of this Policy; or
c. any misrepresentation or omission in the application for this Policy.
7. Extended reporting period limitations
No extended reporting period shall apply to:
a. any claim or proceedings pending at the inception date of such extended reporting period;
It. any paid claim; or
c. claims that are covered under any subsequent insurance purchased by the Insured, or that
would be covered but for exhaustion of the Limits of Liability applicable to such claims.
B. Extended reporting period not a new policy
Form No:CNA79034XX(09-2014) Policy No; MCH591896631
Policy Page 15 of 16 Policy Effective Date: 12/31/2017
Undeiwriting Company:Continental Casualty Company Policy Page: 23 of 24
333 S.Wabash Ave_,Chicago IL 60604
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Professional Liability and Pollution Incident Liability Insurance
CNA
Policy
It is understood and agreed that the extended reporting period shall not be construed to be a new
policy and any claim submitted during such period shall otherwise be governed by this Policy.
O. Liberalization
If the Insurer adopts any revision to this form during the policy term that would broaden coverage
without additional premium, the broadened coverage will apply to this Policy at the inception date of the
next policy year, but it will not apply to claims that were first made against the Insured prior to the
effective date of such revision.
P. Economic and Trade Sanctions
This Policy does not provide coverage for any Insured,any transactions, or any part of a claim if
uninsurable under the laws or regulations of the United States concerning trade or economic sanctions.
Q. Headings
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms
and conditions of coverage.
IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its Chairman and Secretary at
Chicago, Illinois, but the same shall not be binding upon the Insurer unless signed by its duly authorized
representative.
epresentative.
Form No:CNA79034XX(09-2014) Policy No: MCH591896631
Policy Page 16 of 16 Policy Effective Date: 12/31/2017
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