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HomeMy WebLinkAboutEC18-442 - Original - Critical Areas Review Consulting ivTRecords Management Document 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-S725. Vendor Name: Theresa Dusek Consulting ..........­­­ ­­­.......................................................... . ...... . .... ... Vendor Number (JDE); 503196 Contract Number (City Clerk): E CIFS -1-1 Category: Contract Agreement Sub-Category (if applicable)�° I Project Name: Critical Areas Review Contract Execution Date; 01/01/2019 Termination Date: 12/31/2019 ----------- ....... Contract Manager: Kurt Hanson Department: ECD Contract Amount: $65,000 Budgeted: Grant? Part of NEW Budget: L] Local: F State: E] Federal: F] Related to a New Position: F7 Basis for Selection of Contractor? Bid: [_1 RFP: F-1 Small Works Roster: [I Quotes: F-1 Approval Authority: D Director N Mayor F-1 City Council Other Details: Drafted by Tanya K19sen ....... ...................... .... ...... CONSULTANT SERVICES AGREEMENT between the City of Kent and Theresa Dusek Consulting THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Theresa Dusek Consulting 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 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 on January 1, 2019. 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 Sixty-Five and 00/100 Dollars ($65,000), 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: 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. Theresa Dusek Consulting - 1 2019 Contract 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 i 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 black 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. 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. Theresa Dusek Consulting - 2 2019 Contract 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. R'ecyciabie NGateriaRs. 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 Dis,pMtes_.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 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 Theresa Dusek Consulting - 3 2019 Contract 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 Notgel. 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. 4ssignment. 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. M got ificatign. 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 Agr erggrLt. 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 Ate. 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 Bussnees 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. The business license is attached as Exhibit C. K. Counterparts and Sugnatures 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. Theresa Dusek Consulting - 4 2019 Contract IN WITNESS, the parties below execute this Agreement, which shall become effective on January 1, 2019. 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: CITY OF KENT: BY ._ �: ' , ' t, 1t. By: (signature) (signature) Print Name:,_ heresa R. IDusek Print Name: __Dana Ralph Its c , u r Its' �?y2.._ DATE: I4 L-1 — DATE._.._l -71 _ -.--. �.... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Theresa Dusek Consulting Brenna Taylor, 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) __ ....... n nn�..._............._ ._. _... — ApPRAl! ORM: ent L Department Theresa Dusek Consulting - 5 2019 Contract 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. 1 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. For: Title: Date: i i - .- r 4 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_7?, '•r � i ' ��u 1 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as ' A,,�s,� 1d -, a;, wt ,} a���,. , 1 � A 6 �Pthat was entered into on the____L i 6 2 a 1I (' (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. For: Title: ���.., ✓r_a: , .. Date: N— iE ifs EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A STATEMENT OF WQRL( Exhibit A THERESA R. DUSEK Assessment, Management and Regulatory Permitting 128 Rainbow Lane Packwood, WA,98361 j (253)861-3355 November 8, 2018 Attn: Brennon Taylor City of Kent Economic and Community Development 220 4'^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. I. Review and confirmation of Wetland Delineations, Typically, 10 hours for a live acre or less site at $100 per hour for an estimated cost of S 1,000. 2. Review of Conceptual or final Mitigation Plans. Typically, 10 to 12 hours at S 100 per hour for an estimated cost of$1.000 to S 1,200 each. 3. Inspection of initial plantings. Typically, 8 hours for a live acre or less site at S 100 per hour for an estimated cost of$900. 4. Inspection, comments and approval of monitoring reports. Typically, 10 to 12 horns at$100.00 per hour for an estimated cost of S 1,000 to S 1,200. 5. Other consulting services related to the Citical At 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 would typically require 8 to 10 hours at$100.00 per hour for an estimated cost ot,$800 to S 1,000. If court time is required the fee would be at S 150 per hour. The above scope of work would be completed by Theresa Dusek at the lee of$I I10 per hour 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 2019. 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 [he ❑aturc of the work. I HP-2012-10 If you have any questions or would like to discuss this proposal in rurther detail,please feel free to contact me. This proposal will be valid if executed within 90 days of the date of this letter. We appreciate the opportunity to provide our services to you and Zook forward to working,with you on this project. If you have further questions my cell number is 1-253-861-3355. Sincerely, THERESA R. DUSEK Theresa R. Dusek Natural Resource Ecologist Enclosures: Agreement for Professional Services FY-12 (7/12) I accept the above conditions and authorize the work to proceed. By _ Signature (print) Date Organization 2 HP-2012-10 EXHIBIT B INSURANCE REQUIREMENTS FOR Insurance I 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. AuqmobiLe Lia' illit 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-Li flit 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. VVoCkers' Compensipn 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. 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. Exhibit B 1 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. 1 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. Exhibit B 2 CERTIFICATE OF LIABILITY INSURANCE DATE,MMI°°"""' 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER CON ACT NAME. Courtney Meeks American Underwriters PHONE R.EaO: (253�473.1g15 _ __(AG,NeI, (666)aaazgfia M11 6429 South Tacoma Way ADDRESS courtney@american-undemriters.com Tacoma,WA 98409 I NSURER(S(AFFORDING COVERAGE I NAICk INSURER A: Capitol Snecialty Insurance Cornoratien INSURED INSURERS Theresa Dusek INSURERo. 128 Rainbow Lane INSURER O;. Packwood,WA 98361 nsuaER E: COVERAGES CERTIFICATE NUMBER: 00000000.264520 REVISION NUMBER;. 32 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. IN6R ADDLISUHR,.... ,..... ......... PDLIcV EPF...�. POLICYEXP ,.... ... .... .... ITS TYPE OF INSURANCE man .wn POLICYNUMBER ITT MJ DN"YI LIMITS A X COMMERCIAL GENERAL LIABILITY Y EV20183426.01 1010112018 1010112019 EACH OCCURRENCE $ 1,000,000 CLAIMS MADEL 1OCCUR DAMAGETDRENTED .DAMAGE TORE Fynteerw ,.S 50,000 (t MEDEXPIAdyw,roatron) S 5.000 PERSONAL&ADV INJURY S 1,0001000 GEN'LAGGREGATE T APPLIES I LIMIT PER: GENERALAGGREGATE S 2.000.000 POLICY PRO IlTOO PRODUCTS°COMPIOPAGG S 2,ODO.000 _ yF:CT L-1 OTHER, ..,.$ -- B AUTOMOBILE LIABILITY COMBINFO SINGLE I MITT $ NO CV..Na ar INJ,UFL 9.. ANY AUTO I,, BODILY Irv,uav(Per paISaRI '.......$ NoCva OWNED I SCHEDULED BODILY INJURY(Per accdenR $ NO CVa AUTOS ONLY AUTOS HIRED NON-DWNED PROPERTY DAMAGE �$AUTOS ONLY AUTOS ONLY B'er^rlo 11 NO CVO S B X UMBRELLA LIAB I..... OCCU EACHOCCURREf.E $ No Cvq EXCESS LIAR �'l.x I AIMSR MAOF AR 3RFGATU S ..... No Cvo. QED... .RETENTION S .• .. �..._.. AND EMPLOYERS PER DIG° B AND EMPLOVERS'LIABILItt ',, X $IAIIi GE PR (PP Yf+ ANYPERJMEMTGRIPARTNOED? CUTIVE NIA F EAG14 ACCIDENT 1 Na MV9.. (MeedI R/MEMR HJ E%C W DEDi (Mendetory bIr,e NHi """"' E L DISEASE EA LMRLGYI F S No CWg n ye4&eacdbe OFupder O ND CV nfSCRIPTIONOF OPFRATION50nlaw EL C)6Eh5F POLICY LIMIT A Prof liability EV20183426.01 1//0112018 1010112019 Aggregate 1,000,000 A Pollution Liability EV20183426.01 1010112116 1010112/19 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES (ACORD 101,AddI tonal Remarks Schedule,may be aIrI 11 more space le .,.Ir.cQ 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 RREE.P•R'ESEE,N1_TJA/TTIVE/�/,p�� tIllG1.(1_if f�/ •/'^6 ' (CWM) b BB-2015 ACORD CORPORATION. All rights reserved,. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by CWM on September 28,2010 at 08:56AM Forms a part of Polir.Y No.: EV20183426 01 Issuing Company: Caprtol 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 Section(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) Location(s)of Covered Operations orOrganlzatlonsl 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 polity. 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 Farm 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) ©2016 CapSpecialty, Inc.All rights reserved. Page 1 of 2 forms a part of Policy No.: ,...._._ IssuingCompany Capitol SpecialtylnsuranceCorporation Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization Continued I 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 Cap5pecialty,Inc.All rights reserved. Page 2 of 2 i EXHIBIT C CI,jY OF KENT BUSINESS LILIES Exhibit C 1 City of Kent Business License 0 T I'IIERESA DUSFK 128 RAINBOW LANE. PACK WOOD, WA 98361 Aleaw t"11•a"pe jlopafion ----- -- ------ ---- - -- ----- ------ ----------------- Nr RM 8214 local siks BUSINESS LICENSE and use an nueube coded LICENSE MUST BE PAID ANNUALLY BY No 1715 ibrall qualified JANUARY Ist TO AVOID PENALTY sales%whilillw6t)(11 OT Issuance or License hoes Noi Imply % Licensee's Kent ��I,,I Compliance wish Stale and Local Laws T"IS LICENSE MUST BE: POSTED IN A CONSPICUOUS PLACE. NOT'rRANSF"ERkRI.F,OR ASSIGNABLE 2018 NAME AND ADDRESS OF BUSINESS 'I Tax Re istration [BLOC-2161112 rll�I' THERESA DUSIX MAYOR 'If 128 RAINBOW LANE; Tax City of Kent PACKWOOD, WA 98361 g Endorsement W11 '0 � � � � tl w aw Po .a w:�m �o Y 0 0 0 � W gryy w� ^YV dlp � q � WIW ml'll '1rvr mPo NW '� � � I P I i l Vw uIt w nre �. m u' pp ,� "m."m� � � V � ..n w ®�µi�iu i �n � 4w re ww: I���dN �'I'I„1 � %oi��� m, �� � .�, � �. � . i ��¢I� li ill ��yy u ' WO wu � wl III.�VI� iilV � i '�i " , Ali �� ..�. i iu° I III „i i w a, �o mu I .. n , a a .. i �µ - w'uw w^we �� w w m Y ,�