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HomeMy WebLinkAboutEC18-029 - Original - Theresa R. Dusek - Contract - 01/29/2018 KENT „i % Document 'wee 40 xixo+on � CONTRACT COVER SHEET 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. Vendor Name: Theresa R. Dusek Vendor Number: JD Edwards Number Contract Number: eG f V — b This is assigned by City Clerk's Office Project Name: Yearly agreement for Environmental Consulting Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: when sic ned Termination Date: 12 31 1$ Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brennan Taylor Department: Econ & Comm Development Contract Amount: $65,000 Approval Authority: ❑ Director ® Mayor ❑ City Council N/A Meeting Date w., . ,o CONSULTANT SERVICES AGREEMENT between the City of Kent and Theresa R. IDusek THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Theresa R. Dusek organized under the laws of the State of Washington, located and doing business at 128 Rainbow Lane, Packwood, WA 98361 (253) 861-3355 (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: Critical areas review consulting for the City of Kent as detailed and described in the Consultant's Scope of Work attached and incorporated as exhibit A 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, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $65,000, including any applicable Washington State sales tax„ 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 INSURANCE,, 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-Waiver of 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 Gova,.rnlnq_„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; provided, 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. Ass,signment. 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 Records 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. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) - ------------------- ............ ............_. CONSULTANT: CITY OF KENT: By:.. �v 1� By: +�_ signature) ,,,;.. Print Name: jP Print Name: Q. Its -` Tfc Mavnr (title) --� _. _ DATE: DATE: .__._... ....... _........... _. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Theresa Dusek BrennanTaylor, Development Engineering Manager Theresa R. Dusek City of Kent 128 Rainbow Lane 220 Fourth Avenue South Packwood, WA 98361 Kent, WA 98032 (253) 861-3355 (telephone) (253) 856-5591 (telephone) ._...... _ _._.. ... ............ _.. APPROVE A TO FORM: Kent aw, partment CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement 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 misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3, During the time of this Agreement the prime contractor 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 contractor, 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 complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above,. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY 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 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 EfAJ6-A THERESA R. DUSEK Assessment, Management and Regulatory Permitting 128 Rainbow Lane Packwood. WA,98361 (253)861-3355 December 18, 2017 Attn: Brennon Taylor City of Kent Economic and Community Development 220 41h Avenue South Kent, Washington 98023-5838 RE: Critical Areas Review Consulting for City of Kent Dear Brennon, In response to your request,Theresa,R. Dusek, is pleased to submit this scope of services and cost estimate for services supporting the City of Kent Critical Areas Review. This scope of services and cost estimate is based on information provided by you. The following scope of work would be completed as requested by the City of Kent. 1. Review and confirmation of Wetland Delineations. Typically, 10 hours for a five acre or less site at $100 per hour for an estimated cost of$1,000. 2. Review of Conceptual or Final Mitigation Plans. Typically, 10 to 12 hours at$100 per hour for an estimated cost of$1,000 to $1,200 each. 3. Inspection of initial plantings. Typically, 8 hours for a five acre or less site at$100 per hour for an estimated cost of$800. 4. Inspection, comments and approval of monitoring reports. Typically, 10 to 12 hours at$100.00 per hour for an estimated cost of$1,000 to $1,200, 5. Other consulting services related to the Critical Areas assistance, review and inspection of development permits. 6. Other consulting services related to environmental code enforcement of violations to KCC 11.06. Depends on the code enforcement issue but initial review, site visit and memorandum related to the potential enforcement action wou Id typically require 8 to 10 hours at $100.00 per hour for an estimated cost of$800 to$1,000. If court time is required the fee would be at$150 per hour. The above scope of work would be completed by Theresa Dusek at the fee of$100 per (tour on a time and expense basis(except for court time, as noted in Item 6 above). We understand that the City of Kent contract is on a time and expense, not to exceed $65,000 for 2018. We anticipate that once the City requests a task in writing via letter or email (with supporting documents), work would be started within two working days and would be completed within five to ten working days, depending on the nature of the work. I H P-2012-l0 THERESA R. DUSEK PROFESSIONAL SERVICES AGREEMENT 1. PROFESSIONAL SERVICES Fees for services are based on the time expended on the project,including travel. The fee will be computed by multiplying the number of hours worked by my hourly rate of$100. When subconsulumis andlor subcontractors amused,the total cost oftheir services will be marked up to Percent. 2. REIMBURSABLE EXPENSES Expenses other then salary crisks that are directly attributable to my professiomd Services will be unvoiced at cost plus 10 percent. Examples include but are not limited to expenses for out-of-town travel and living,information processing equipment,instrumentation mod field equipment rental,special fees and permits,premiums for additional insurance where required,local mileage and parking,use or rental vehicles,taxi, reproduction,local and out-of-town delivery services,express mail, andjob related shipping charges and supplies. 3. PAYMENT TO CONSUL`I`ANT Invoices will he submitted periodically for prior services.. payment will be due upon mixapi or invoice. An account cell]hdcome dcfhtquert 30 days after date of bitting. It is agreed that a lane charge wii(I be nddetl to delinquent accoorrta m the relo of three percent(3%f for each 31)days t ann the date orbdling(provident the rate of such laic charge slmlll not csiu ed 1110 rnaxinuun allowable by the laws or Washington fimne,and in fiat cutso,Ehmt qhe highest lagal relay If'you htd to make payment within 30 days of meoipl„I army,after Nwing sr:vuu days writtCrr+mice tan you, suspend services. 4, STANDARD OF CARE,WISENCE OF WARRANTIES ThercNa It.Dusek agrees I it will perform its services in a manner eonsrstcot with the level of care and skill ordinarily exercised by members of the profession ennentiy practicing under similar conditions,and ill accordaaCa with sound and generally accepted prhrufpics consistent with normal consulting practices "thcrosa°Et--Enm!vaMptnsvidag.pg4ta6aronaka3ervlcaR.Nnwcw�nr;-and.atndrutgin.tlbws uon[rmct,5t#"a7lbc coifFMtwl.ta..L' ., 7'� q-Ly-1� cons'thutr"ATuMWCsVWr p1icd warranty,Pn edmgJ,bnFontprrntrad-Petysuay-wrrrmnyor.nnarahmilat ibly.aahtrwws.f"or-a particulacusu..C+., p� t -zc 5. OTHER PROVISIONS -' It is agreed that this contract is entered into by partied for the sole benefit ofthe parties to the contract,and that nothing in the contract shall be construed to create a right or benefit for any third party. 1t is agreed that no action may be Commenced by you against the Theresa R.Dusek on any claim arising out of Theresa R,Dusek's services under Nils commct,whether based on negligence or breach of contract,more than acne year after the date that'rhensa R.Dusek has performed services mrder this Contract,. Ncillva party shall hold the other responsible for damages or delay in performance caused by weather and other acts of nature"strikes,.fockouls,accidents,or other events beyond the control of the other or the others agents. This agreement shall be construed pursuant to the laws of the state of Washington, If any provision of this agreement is found to be unenforceable,illegal,or contrary to public policy,the remaining portions of this agreement shall remain in effect and shall be enforceable. One or more wavers by either party ofany provision,term,condition,or covenant shall not be constmed by the other party and a waiver of a sit ;equem breach of the same by the other party. If here is a dispute betwevii'1'hareso lk Dusek mod you concerning the part-ormanco afanay provision in Hris agreement,the losing,petty shall pay Ht Prevailing party all reasonable costs incurred in connection with the dispute,including staff little,couo COAS,altonsi fct%s,and other di.pnte-wilovd expenses, Ifany other dispute Occurs and'flicresa R Dusek provides expert or fact witness lestunony raising out.offic pe.farnrance orally provision itt Ihds agteorrrerrf,.whether at your request or that of any other pony,you will be responsible and pay 1'ar all of our re. snnable refined costs,including statTprepOodiOn Old testimony time,at tiro mica smled on page L Ot mions of probable consinrction cost prepared by its are made on tilt basts ofour experience and qualifications and represent out best yu(gillma os an experienced artd qualiliad professional gettcrally famitim with die lnduatry. I foxwevor,since we have no eonlml over Hoe cast or hd or,Mortals„egorprnattt,or services fvaishcd by others,or over a contractor's methods of rfctorinining prices,or over oomiredtiwe bidding or no Ike conditions,wa cannot and do not guaranme that proposals,bids,or actutd Wnsiruclion cost will not wavy tar Opinions of probable contraction costs propincd by arc, I,ryou wilt greitar tasseuance w tat probable Otapstnaedirrn cost,you may enploy on independent cost es motor. 6, T �.RMINATION 'fl s agreement maybe terminated by either party by seven days'wo filters notice If this agrcmucl t is terminated,it is agreed that 1 shall be paid fn the total charges for labor performed through the termination police date,plus rchrrharsablc charges,plus reasonable usnuoullon expenses to ne aont for our cost of rescheduling,adjustments,and related posts incurred due Io fernimafirna. 7. 'II' A R .,Eat-ENT tyro agreement xwith n,consisting Of'Chis I''rapt'Cssaanal gcrviCey JMgrccmcnl,tngeHoc la our proposal.and any exhibits thereto,constitute the T� entire agreement be Theresa R t}usc&and rare and yxapnr.edes all pans wruteal or of understandings. "is agreement may he amended, supplemented,rani' lad,i1�canceled ontly by a dnly+,ceceCed written hrslromcnl FY l2(7112) 3 HP-2012-10 EXHIBIT S 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 Liabillity, 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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. 2. Workers' CamDnsatioin coverage as required by the Industrial Insurance laws of the State of Washington. 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. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) 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. 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. A e CERTIFICATE OF LIABILITY INSURANCE OATE(MM1D°""""' 101 010 412 01 7 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 pollcy(les)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 endorsements. PRODUCER CONTACT Lawrence Espinoza .N11ME _of, ___ .... American Undermiters pPp,H,pcN� ca0 �253)473.1415 [Z� 60s 804 2460 6429 South Tacoma wayADOP anoREss- lawrence@american-underwriters.com Tacoma,WA 98409 IfJ15UREYgS1 APF0RDING COVEnAGE„ __ - INSUREnA,; Rock III Insurance Cocalpany INSURED INSURERS: Theresa Dusek INSURER 128 Rainbow Lane INSURER D: Packwood,WA 98361 INSURERS: INSURER F COVERAGES CERTIFICATE NUMBER: 00000000-206471 REVISION NUMBER: 25 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSft POLICY OFF POLICYEYl ..-... _ ....- ____. ITR TYPE OF INSURANCE INenf,nnrn POLICY NUMBER IMMIDDIYYYYI',I MMI°°IYWYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y ENVP00575605 10101/2017 10/01/2016 EACHOCCURRENCE $ 1.000.000 CICAMS-MADE aOCCUR dAFAArSETD R6NYR.D --:. ..FRCMiGSES 1Ew-xsurrmncst. .�...,. 50.000 ''... _ MEDEXP(Anvonepelson) $ 5.000 .. PERSONAL B ADV INJURY $ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER'. PRO GENERAL AGGREGATE $ 2,000.000 X POLICY ___ .- -. JECT LOC PRODUCTS AGG S 2.000.000 HHER: $ B AUTOMOBILE LIABILITY COMBINEDSIN LIMIT $ No CVD... ANY AUTO BODILY INJURY(Per person) $ NO Cvo OWNED SCHEDULED 1, "-- AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ NOCVo HIRED NON-ONMED pnOpEgXq DFlAdnE AUTOS ONLY AUTOS ONLY PR PERTYY—_ $ No CVp B )( UMBRELLA LIAB OCCUR 'EACHoccuRRENCE $ No Cvq EXCESS LIAR J( CLAIMS MADE AGGREGATE $ NO CVq DED RETENTIONS $ B WORKERS COMPENSATION X PER OTN- AND EMPLOYERS'LIABILITY YIN ANYPEOFFICERIMEMORIPARTNDEIEXECUTIVE EL EACH ACCIDENT $ No Cvq (Mandatory inN )EXCLUDED' NIA _ - (M tl t cm aNH) EL DISEASE E4 EMPLOYEE $ No Cvq f yes describe under E - -- DEBCRIPTIONOFOPERATIO_NSbelow EL DISEASE POLICY LIMIT $ NO CVQ A Prof liability ENVP00575605 10/01/2017 10/01/2018 Aggregate 1,000,000 A Pollution Liability ENVP00575605 10/0112017 10/01/2018 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) City of Kent Economic 8r Community Development is an additional insured per form CIS 20 10 07 04,attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Economic&Community Development ACCORDANCE WITH THE POLICY PROVISIONS, 220 4th Avenue South Kent,WA 98032 AUtHpR. Eo REPRESENTATIVE ,✓' (LEE) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by LEE on October 04,2017 at 10:23AM POLICY NUMBER: ENVP005756-05 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ..--.._ ..m..,. ._... ...._..... Name Of Additional Insured Person(s) Pr.gr.S anizadow�s� ...__.. Laaaton ) Coraed,Operatlona- . sOf w mm. Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing "your work". agreed in writing in a contract or agreement,effected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy. '.. I Infaeiredqu to complete thise S—cheduleif not, ! hon!!r t will be shown in he ormtion r Declarations. A. Section II—Who Is An Insured is amended to include B. With respect to the insurance afforded to these as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only with sions apply: respect to liability for"bodily injury", "property damage" This insurance does not apply to"bodily injury"or or"personal and advertising injury"caused, in whole or "property damage" occurring after: in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs)to be performed by or on behalf of the additional insured(s) at the location of the in the performance of your ongoing operations for the covered operations has been completed; or additional insured(s) at the location(s)designated above. 2. That portion of"your work"out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ----- ------------w___W.___w__w_.. ---------------------._-- WASHUNITEDD SING INSURANCE IO ERVICES AUTOMMOBIOBI CA LE AS N CARD SSN NAME OF INSURED PATRICK A DUSEK E THERESA R OUSEK I POLICY NUMBER 00162 19 43U 7106 e � EFFECTIVE DATE 121D4/17 EXPIRATION DATE 06/04/18 VEHICLE DESCRIPTION YEAR MAKE/MODEL 2017 FORD F-350 VEHICLE IDENTIFICATION NUMBER 1FTBW3BT7HEB66041 i9800 Frederlckeber9 Road San Antonio. Texas 782W Additional copies avallatle at usaa.c.m ? CONTACT US:210-531-USAA(8722) i OR 800-531-USAA Pulliam, Julie From: Pulliam,Julie Sent: Wednesday, December 20, 2017 1:33 PM To: Hills, Chris Subject: RE: updated documents needed - City of Kent Ok thanks From: Hills, Chris Sent: Wednesday, December 20, 2017 1:29 PM To: Pulliam, Julie Subject: Re: updated documents needed - City of Kent Insurance is fine,Julie. Chris Sent from my iPhone On Dec 20, 2017, at 1:18 PM, Pulliam,Julie <JPulliani�kentwa.gov>wrote: Chris, Is this insurance certificate valid for the consultant service agreement for Theresa Dusek. I attached the 2018 scope of work. Thank you, Julie From: Theresa Henson [maiNto:theresaltenson c�hatAraa11.com] Sent: Wednesday, December 20, 2017 1:08 PM To: Pulliam, Julie Subject: RE: updated documents needed - City of Kent Auto Insurance below and Certificate of Insurance attached. I have not received a new copy of the 2018 Business License yet. <image001Jpg> From: Pulliam,Julie [mailto:JPwlliamtkentwa..Rov] Sent:Tuesday, December 19, 2017 3:53 PM To: 'Theresa Henson' <theresahensona(«hotmaiLcom> Subject: updated documents needed -City of Kent Hi Theresa, Could you send me updated insurance documents and business license for your new contract? Thank you, Julie Pulliam, Administrative Assistant 111 Assistant to the Director of Economic& Community Development 1 Administration I Economic&Community Development 400 West Gowe, Kent, WA 98032 Main 253-856-5454 1 Direct 253-856-5702 1puIli. m kr ,P_oY CITY OF KENT, WASHINGTON KentWA.aov F yu.9..10ma tlau..EA:BbECONSTtta.'R"rmK.,irNVIRu14MEVIre ETr0MPRXRVTrNo 119,61E E-110AVu.. <2017-2018 Cert of Ins - City of Kent.pdf5 <Exhibit A.pdf> 2 Pulliam, Julie ¢y a(J From: Theresa Henson <theresahenson@hotmail.com> Sent: Wednesday, December 20, 2017 2:59 PM To: Pulliam, Julie Subject: RE: updated documents needed - City of Kent The check was mailed to the City of Kent on Friday. Last time it took some time for them to send the receipt and license, like about 2 months. From: Pulliam,Julie [maolto:JPulliam@kentwa.aDv] Sent: Wednesday, December 20, 2017 1:37 PM To: 'Theresa Henson'<t,here'sahensoii@liotottaii.com> Subject: RE: updated documents needed -City of Kent Theresa, Thank you this looks good just let me know when you have your business lic or have paid for it and I can move forward. Julie From: Theresa Henson [moilta:there5ahen5pr7 cl Yacstn1aiJ.com] Sent: Wednesday, December 20, 2017 1:08 PM To: Pulliam, Julie Subject: RE: updated documents needed - City of Kent Auto Insurance below and Certificate of Insurance attached. I have not received a new copy of the 2018 Business License yet. . . i WASHINGTON INSURANCE IDENTIFICATION CARD q UNITED SERVICES AUTOMOBILE ASSN 7 ] IaAME OF INSURED PATRIGKA DUSEK p THERESA R DUSEK POLICY NUMBER 00162 10 43U 7106 8 G EFFECTIVE DATE 1=41l7 EXPIRATION DATE 06(04118 VEHICLE DESCRIPTION PEAR MANEIMOCEL 2017 FORD F-350 VEHICLE IDENTIFICATION NUMBER 1FT8W3BT7HEB86041 Y 9800 FrFMgrlgkeburg Road San Antonia, 79a36 18298 Additional ooploa awllablo at uaea.uom 1 i CONTACT US:210-531-USAA(8722) 3 OR 800-531-USAA l From: Pulliam,Julie [mailto:JPu11iaoii@kentwa.gov] Sent:Tuesday, December 19, 2017 3:53 PM To: 'Theresa Henson'<theresahensDnCp7hotmlail.com> Subject: updated documents needed - City of Kent 1 k Hi Theresa, Could you send me updated insurance documents and business license for your new contract? Thank you, Julie Pulliam, Administrative Assistant III Assistant to the Director of Economic& Community Development Administration I Economic&Community Development 400 West Gowe, Kent, WA 98032 Main 253-856-5454 1 Direct 253-856-5702 �t iam entwa.gov CITY OF KENT, WASHINGTON KentWA.aov Facebook t;..%� . �;,g,S, , yla,e IP'1 Efisll',C0N511: 'n.IR TlHR IitilmRoNIWNe Nir IRR'.IroRV i?PRINTING 1r9B S L'-IF AXR. 2 REQUEST FOR MAYOR'S SIGNATURE a T Please Fill in All Applicable Boxes w. Originator: Julie Pulliam _ Phone (originator): 5702 Date Sent: 01/17/18 Date of Council Approval: N/A Return Date of Approval from Finance: Budgeted Yearly Signed Document to: Julie Pulliam (Only required on contracts $10,000 &over or on any Grant Agreements) Date Required: When signed Date of Approval from Risk Manaqer: 12/20/17 Theresa R. Dusek Budgeted: YES ® NO ❑ Environmental Consultant Budget Fund: 10004500,64190.6501 Yearly agreement Theresa Dusek for Environmental Wetland Consulting for Development Engineering. Will not exceed $65,000 and expire on 12/31/18 All Contracts Must Be Routed Through The Law Department RECEIVEDarea to be comple'-d,, y the Law Department) Received: JAIV i 7 7p18 Law Department Approved as to Form: Law , m PT. Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: s 70ei, Date Returned; "-M,,ro ACOI CERTIFICATE OF LIABILITY INSURANCE GATE(MMIOD 0912812018 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 CONTACT NAME: Courtney Meeks American Underwriters PHONE (2631473-1415 ff PAX MAIL __ .........._....... .. LtAlc,NRJ._I666I604-2460 .... 6429 South Tacoma Way ADDRESS courtney(camerican-under hers com Tacoma, WA 98409 INSURERIBI AFFORDING COVERAGE NAIC0 INSURERA Capitol Snecialt,Insurance Cnrnnratinn INSURED INSURERS: Theresa Dusek INSURERC, 128 Rainbow Lane INSURER D: Packwood,WA98361 INSUREREo,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, INRIIRFRF .... --..- ----. ----. COVERAGES CERTIFICATE NUMBER: ODOOOOOD-264520 REVISION NUMBER: 32 THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO 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. INsa ----. ......... ......... AboL'ouaa......... .__. --- POLICY EFF POLICY EXP.. TYPE OF INSURANCE uen wvn POLICY NUMBER M! DMYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y EV20183426-01 1010112018 10/0112019 EACHOCCURRENCE $ 1.000.000 l CLAIMS MADELJ OCCUR rRENJ F IES.pARPQ REAa(gLfi(Ed,p.,aS,�rpn.�,?) $ 50T000,,. MEN E%P(Any one person) 3 5.000 PERSONAL s ADV INJURY $ 1,000,000 GCN'L AGGRORAOr,LIMIT APPLIES PER'. GENERAL AGGREGATE S 2.000.000 PfTLICV HE TOO PRODUCTS COMPIOP AEG S 2� 000 EGT . OTHER: $--. B AUTOMOBILE LIABILITY COMBONEO INGLE LIIMI'r B No Cvo ANY AUTO BODILY INJURY(Per person) $ NO CVO ... ..--•.zn -- OWNED -SCHEDULED BODILY INJURY(Per acc tleng $ Autos ONLY AUTOS NO CVO HIRED NON OWNED PROPERTY dAMAGE Auros ONLY Auros ONLY I „(Rurn00 Hang �$ . NO CVO $ .. B x{{IUMBRELLA LIAR OCCUR EACH OCCURRENCE $ No CVq I EXCESS LIAR X CLAIMS MADE` AGGREGATE I$ _ No Cvq .. ... 1 ....�,-- RED RETENTIONS S WORKERS COMPENSATION PER OrH- B AND EMPLOYERS'LIABILITY X N STATI-ITF FR ANY PROP RIETDRI EXCLUDED' RIEXECUTIVE EL EACH ACCIDENT S NO CVq OFFICERIM in BER E%CLUOED9 NIA <.--- (Mandeeronb NHl EL DISEASE-EA EMPLOYE $ NO CVq R yes under "' "A """P """' """'" DESCRIPTION OF OPERATIONS below �E L DISEASE POLICYLIMIT S NO CVO A Prof liability EV20183426-01 10/0112018 10/01/2019 Aggregate 1,000,000 A Pollution Liability EV20183426-01 10/0112018 10/01/2019 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Sol eEule,may be aM.II Ir mare epees H reONlred) City of Kent Economic&Community Development is an additional insured per form ENV 167(05-16),attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Economic &Community Development ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE (CWM) Q 8S-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by CWM on September 28,2018 at 06,56AM CIS -02ri Farms a part of Policy No EV20183426 Ol Issuing Company ! Capitol Specialty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization This endorsement modifies insurance provided under the Environmental Policy for the following: Commercial General Liability Coverage Form Contractors Pollution Liability Coverage Section It is hereby understood and agreed that the following changes are incorporated into the Coverage Form(s) / Coverage Secticn(s) listed above. If the Commercial General Liability Coverage Form is listed above, defined terms shown in bold may appear in quotations in such coverage form. Schedule Name of Additional Insured Person(s) w.�....�,�.�. m.�..�...�MA.�..�.�,..,_�,. or Organization(s) Location(s)of Covered Operations Any person or organization for whom you are performing All locations where your work is performed as specified "your work" when you and such person or organization have in the contract or written agreement between you and the agreed in writing in a contract or agreement that such person Additional Insured(s). or organization be added as an Additional Insured on your policy. ......._.,...._._...................._._......_.._...,.. ..______.....,.... ._...... ._..._._._..�_..........,_._. ...�,........,.,...��......�...,,......, A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for Bodily Injury, Property Damage or Personal and Advertising Injury caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to Bodily Injury or Property Damage occurring after: 1. All work,including materials, parts or equipment furnished in connection with such work,on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed;or 2. That portion of Your Work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The Section entitled TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of the Coverage Form or Coverage Section listed above is amended by the adding the following: We waive any right of recovery We may have against the person or organization specified in the above Schedule because of payments We make for injury or damage arising out of Your Work done under a written contract with that person or organization. This waiver applies only to the person or organization specified in this Schedule. D. This insurance shall be considered primary with respect to other valid and collectible insurance available to the Additional Insured for damages or Loss We cover under the Coverage Form(s) / Coverage Section(s) specified above for the Additional ENV 167(05-16) 9 2016 CapSpecialty,Inc.All rights reserved, Page 1 of 2 Forms a part of Policy No issuingCompany; Capitol Specialty Insurance Corporation Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization Continued Insured. It is also agreed that any such other insurance available to the Additional Insured shall be non-contributory, and We shall not seek contribution from such other insurance. If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations. All other terms and conditions of this Policy remain unchanged. ENV 167(05-16) ©2016 CapSpecialty,Inc.All rights reserved. Page 2 of 2