Loading...
HomeMy WebLinkAboutCAG2013-0485 - Original - Sarvey Wildlife Care Center - H20 2013 Water Festival - 03/07/2013 FUN Records Man'"kement , KENT Document WASH,„GTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Sarvey Wildlife Care Center Vendor Number: ]D Edwards Number Contract Number: 1-ow 13— 0Q5­ This is assigned by City Clerk's Office Project Name: H2O - 2013 Water Festival Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/18/13 Termination Date: 3/27/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Present three 507minute_presentations at the festival C �Tsz.X S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 7th day of March by and Sarvey Wildlife Care Center hereinafter called "The Presenter" and the "City of Kent, hereinafter called "The Sponsor" WIT NESSETH: In consideration of the covenants and agreements herein contained, the parties hereto agree as follows 1) ENGAGEMENT The Sponsor desires, and the Presenter agrees, to present three 50-minute presentations at Kent's H2O-2013 Water Festival at Green River Community College, 12401 SE 320`h Street, Auburn, WA 98092-3622 from 10 00 to 1 30 p m on March 27, 2013 2) PAYMENT The Sponsor shall pay Presenter the total sum of$600.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement 3) LOCATION The Sponsor agrees, at their own expense to furnish the classroom for the presentation herein contracted for 4) IMPOSSIBILITY OF PERFORMANCE The performance will take place rain or shine The Presenter shall be under no liability for failure to appear or perform in the event that such a failure is caused by or due to acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, interruption or delay of transportation service, inability to secure transportation of any other cause beyond the control of the Presenter, or if such failure is caused by a "superior force"(s) defined under Washington law 5) NOTICES All notices to be given and communications to be addressed to the Presenter and in connection herewith shall be given to Kestrel Skyhawk Sarvey Wildlife Care Center, 13106 148'h St NE, Arlington, WA 98223 6) HOLD HARMLESS Each party shall defend, indemnify and hold the other harmless for losses attributed to each party's own comparative negligence 7) INDEMNIFICATION Presenter 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 Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence 8) INSURANCE The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A 9) WORK PERFORMED AT PRESENTER'S RISK Presenter 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 Presenter's own risk, and Presenter 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 10) THIS AGREEMENT and any attachments represent the full understanding between the parties, and the Presenter shall not be bound to any terms or undertakings other than other contained herein 11) THIS AGREEMENT shall be considered a Washington contract and the laws of Washington shall determine any matters pertaining to this contract IN WITNESS THEREOF the parties hereto have executed this agreement SPONSOR PRESENTER Signed I Oate Signed Date Michael Mactutis Environmental Engineering Manager Name, Title 220 Fourth Avenue South Kent WA 98032 Address (253) 856-5500 Phone EXHIBIT A INSURANCE REQUIREMENTS FOR PERFORMANCE 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. 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, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT A (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. 2 SARVE-1 OP ID:TL ATE,a►coRo CERTIFICATE OF LIABILITY INSURANCE 03114//2 Y013 03l143 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 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 Phone.425-404-3485 CONTACT NAME Alliance Insurance Fax:425-903-4898 PHONE FAX 8423 Mukdteo Speedway,#201 Arc No Exc A/c No) Mukdteo,WA 98275 E-MAIL ADDRESS _ INSURE S AFFORDING COVERAGE NAIC0 INSURER Sentinel Insurance Co Ltd INSURED Sarvey Wildlife Care Center INSURER B PO Box 3590 INSURERC Arlington,WA 98223 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY E%P LIMITS LTR POLICY NUMBER MM/DWVYYYI MMIDD/YYYV GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY 52SBABI0198 03123/2013 03/23/2014 DA A TORENT D 1,000,000 PREMISES IEa occurrence $ CLAIMS-MADE 1XI OCCUR MED EXP(Any one person) $ 10,00 PERSONAL B ADV INJURY $ 1,000,00 GENERA-AGGREGATE $ 2,000,00 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,00 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ace d 1 QQQ QQ enim A X ANY AUTO 52UECPE4238 03/23/2013 03/23/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Peraccdent) $ AUTOS AUTOS $ X_mm HIRED AUTOS X A WNED AUTOS Pena cdent OPERTY DAMAGE X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00 A EXCESS LIAB CLAIMS-MADE 39SBABI0198 03/2312013 03/2312014 AGGREGATE $ 1,000,00 DED RETENTION$ 10000 $ WORKERS COMPENSATION XI WCSTATU• I OTH- AND EMPLOYERS'LIABILITY _ TQj2Y A ANY PROPRIETORIPARTNER,EXECUTIVE YIN 39SBABI0198 03/2312013 03/23/2014 EL EACH ACCIDENT $ 1,000,000 OFFICE ER EXCLUDED? EJ NIA (Mandatorytory in NH) WASHINGTON STOP GAP EL DISEASE-EA EMPLOYEE $ 1,000,00 m If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if mom space is required) Certificate holder and City of Kent are additional insureds, if required in a written contract with the named insured, per form SS0008(0405) for General Liabiilty and form HA9916(0312) for Commercial Auto, copies attached CERTIFICATE HOLDER CANCELLATION GREEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Green River Community College ACCORDANCE WITH THE POLICY PROVISIONS 400 W Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE ' ^„ny-A ""`�f ti� ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 52SBABI0198 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional Insured on your agreed to make or normally policy, provided the Injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the Issuance of the penult. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However,no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (9) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled Including all persons or organizations added or relabeled or used as a as additional Insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages, the vendor;or a. Vendors (h) "Bodily injury" or "property damage" ansing out of the sole a van Any s or organizations) (respect to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injuy' or `properly damage" arising out of"your products" which are distributed its employees or anyone else acting on its behalf, However, this or sold In the regular course of the vendor's exclusion does not apply However, business and only it this Coverage Part provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f);or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor Is subject to the following additional has agreed to make or normally exclusions- undertakes to make in the usual This insurance does not apply to: course of business, inconnection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor Is obligated to pay damages by (2) This Insurance does not apply to any reason of the assumption of insured person or organization from whom you have acquired such products, liability in a contract or agreement.This exclusion does not apply to or any ingredient, part or container, entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any physical or chemical change Injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the j original container, Page 12 of 24 Form SS 00 08 04 05 52SBABI0198 6USINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "properly damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all 'bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations, is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an Insured with shown In the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b.above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations ^personal and advertising Injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business a. Insureds, Liability Coverage for damages because of property damagep to any one premises,while b. Claims made or%suits"brought; or rented to you,or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for. In the case of damage by fire, lightning or a. Damages because of 'bodily injury" and explosion,the Damage to Premises Rented To You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 8. How Limits Apply To Additional Insureds b. Damages because of all other 'bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional Insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations' subdivision; or owned by or rented to you, b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is Interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 52UECPE4238 The insurance afforded to any such E. Primary and Non-Contributory N additional insured applies only if the Required by Contract "bodily injury" or "property damage' Only with respect to insurance provided to occurs: an additional Insured in 1.1) - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional Insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other insurance by the method described in or written agreement that another Other Insurance S.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional Insured is the lesser of: If you have agreed in a written contract (a) The limits of Insurance specified in or written agreement that this insurance the written contract or written is primary and noncontributory with the agreement;or additional insured's own insurance, this (b) The Limits of Insurance shown In Insurance is primary and we will not seek contribution from that other the Declarations. insurance Such amount shall be a part of and not Paragraphs(3)and (4)do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any suit if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that 'suit". If no other insurer by other Insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the Insured's rights against all insured must submit such claim or"suit" those other Insurers. to the other insurer for defense and When this Insurance is excess over other Indemnity insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contnbutory with the additional insured's absence of this insurance;and own insurance (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suitor Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. ®2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with Its permission.) Page 2 of 5