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HomeMy WebLinkAboutPW14-054 - Original - West Sound Wildlife Shelter - H2O 2014 Water Festival - 3/3/14 4INE Records Mana e x e L T Document Vrnc%'rvcrory 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: West Sound Wildlife Shelter Vendor Number: ]D Edwards Number Contract Number: ?°Nj6 �1-1 - o5'i This is assigned by City Clerk's Office Project Name: H2O 2014 Water Festival Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/3/14 Termination Dater/26/14 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 up to three 50 minute presentations at the festival. S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 22ntl day of January by and West Sound Wildlife Shelter hereinafter called "The Presenter" and the "City of Kent, hereinafter called "The Sponsor". WITNESSETH: 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-2014 Water Festival at Green River Community College, 12401 SE 320th Street, Auburn, WA 98092-3622 on March 25, 2014. 2) PAYMENT. The Sponsor shall pay Presenter the total sum of$500.00 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: Shannon Rose, West Sound Wildlife Shelter, 7501 NE Dolphin Dr., Bainbridge, WA 98110. 6) HOLD HARMLESS. Each party shall defend, indemnify and hold the other harmless for losses attributed to each parry'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 Vendors 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. 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. WEST-11 OP ID: LI A ® CERTIFICATE OF LIABILITY INSURANCE DATE 02126 D/YYYY) 2126I14 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 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). ACT PRODUCER 253-396-5500 NAME: Brown&Brown of Washington 253-396.4500 PHONE FAx P.O.Box 1718 (A(C No ExtY Tacoma,WA 98401 E-MAILR SS: -Select Accounts P&C INSURER(SI AFFORDING COVERAGE -_NAIc# NsuRERA:Great American Ins Co1669 1 INSURED West Sound Wildlife Shelter INSURER B: _.. Lisa Horn INSURER C: 7501 NE Dolphin Dr - Bainbridge Island,WA 98110 INSURER D: INSURER E: _ INSURER F COVERAGES CERTIFICATE NUMBER: REVISIONNUMBER: 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 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. - —_ AWL 3UBR POLICY EFF POLICYEXP ILTR TYPEOFINSURANCE POLICYNUMBER MMIDDNYYY MM/DDIY1'YY LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,00 PAC5373608-90 02/02/14 02l02N5 DAMAGE TOR f 300,00 A X COMMERCIAL GENERAL LIABILITY X PREMISES Ee occurrence Is CLAIMS-MADE OCCUR MED EXP(Any one person) $ 6,00 �PRODUCTS L&AOV INJURY $ 1,000,00 AGGREGATE $ 2,000,00 GEN1 AGGREGATE LIMIT APPLIES PER: -COMPIOP AGO $ 2,000,00 POLICY PRO- LOC $ COMBINED SINGLE LIMIT 1,000,00 AUTOMOBILE LIABILITY Ea accident $ A ANY AUTO X PAC5373608-10 02l02114 02/02/15 BODILY INJURY(P.,person) s 'ALLOWNED SCHEDULED BODILY INJURY(Peraccident) $ AUTOS AUTONON,S ED PROPERTY DAMAGE $ Per accident X HIRED AUTOS AUTOS $ - UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WC STATU- OTH- WORKERS COMPENSATION TORY IT AITS -_ AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE � C.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Certificate holder is an additional insured as respects the operations by or for the named insured but only to the extent required by contract. Event to be held March 25,2014 CERTIFICATE HOLDER CANCELLATION CITY-46 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032.5895 AUTHORIZED REPRESENTATIVE i i -.-aa ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD C S1 ` *PAC5373608-09 393570646 'D/B ORIG IMAGE COPY 0253547 GREAT AMERICAN INSURANCE CO Adi10i E 1h Stye Oificm 301 E4th 57eet GRE,%A.StEPJC -V, C"dmtati,Ohio 452D2-4201 ('.G 82 24 INSURANCE RROUP tel:MIS 3695000 (Ed. 12 01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOCIAL SERVICE AGENCY GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 2 With respect to the insurance af- t. The following provision is added to SECTION ( ) forded the Additional Insured II - WHO IS AN INSURED identified in Paragraph A.(1) of 5. AUTOMATIC ADDITIONAL INSURED(S) this endorsement, the following additional provisions apply: a. Additional Insured - Manager or (a) This insurance applies only Lessor of Premises to liability arising out of the (1) This policy is amended to include ownership, maintenance or as an insured any person or or- use of that portion of the ganization (hereinafter called Ad- premises leased to you. ditional Insured) from whom you he Limits of Insurance ap- e to the Additional lease or rent property and which (b) Theplic ional In- requires you to add such person sured are the lesser of those or organization as an Additional specified in the written con- Insured on this policy under: tract or agreement or in the (a) awritten contract; or Declarations for this policy and subject to all the terms, (b) an oral agreement or con- conditions, and exclusions tract where a Certificate of for this policy. The Limits of Insurance showing that per- Insurance applicable to the son or organization as an Additional Insured are inclu- Additional Insured has been sive of and not in addition to issued; the Limits of Insurance shown in the Declarations. but the written or oral contract or agreement must be an "insured (c) In no event shall the cov- contract," and, erages or Limits of Insurance in this Coverage Form be in- (I) currently in effect or be- creased by such contract. come effective during the term of this policy; and (d) Coverage provided herein is excess over any other valid (11) executed prior to the "bodily and collectible insurance injury," "property damage," available to the Additional In- "personal and advertising in- sured whether the other in- jury." surance is primary, excess, Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 2001 CG 82 24 (Ed. 12/01) XS (Page 1 of 4) F8972D WWII St PAC5373608.09 393570646 "015 ORIG IMAGE COPY 0253547 GREAT AMERICAN INSURANCE CO 4omarily provided by the written con- contingent or any other policy forms specified in and basis unless a w required by the contract. Yractual arrangement specifi- cally requires this insurance (c) In no event shall the cov- to be primary. erages of Limits of Insurance in this Coverage Form be in- creased This insurance does not apply to: creased by such contract. (a) Any "occurrence" or offense which takes place after you c. Additional Insured Contractual cease to be a tenant in that Obligations premises. (1) This policy is amended to include (b) Structural alterations, new as an Insured any person or or- construction or demolition ganization (hereinafter called Ad- operations performed by or ditional Insured) that you are re- on behalf of the "Additional quired by a written "insured con- Insured." tract" to include as an Insured, subject to all of the following b. Additional Insured Funding provisions: Sources (a) Coverage is limited to liability (1) This policy is amended to include arising out of: as an Insured any Funding Source which requires you in a written (i) your ongoing oper- contract to name the Funding ations performed for Source (hereinafter called Addi- such Additional Insured; tional Insured) as an Insured but or only with respect to liability aris- ing out of your premises, "your (ii) that insured's financial work" for such Additional Insured, control of you; or or acts or omissions of such Ad- ditional Insured in connection with (III) the maintenance, opera- the general supervision of "your tion or use by you of work" and only to the extent set equipment leased to forth as follows: you by such Additional Insured; or (a) The Limits of Insurance ap- plicable to the Additional in- (iv) a state or political sub- sured are the lesser of those division permit issued specified in the written con- to you. tract or agreement or in the Declarations for this policy (b) Coverage does not apply to and subject to all the terms, any "occurrence" or offense: conditions, and exclusions for this policy. The Limits of (1) which took place be- Insurance applicable to the fore the execution of, Additional Insured are inclu- or subsequent to the sive of and not in addition to completion or expira- the Limits of Insurance tion of, the written "in- shown in the Declarations. sured contract", or (b) The coverage provided to (ii) which takes place after the Additional Insured(s) is you cease to be a ten- not greater than that cus- ant in that premises. - Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 2001 CG 82 24 (Ed. 12101) XS (Page 2 of 4) C Si * 'PAC5373608-09 393570646 *D/B ORIG IMAGE COPY 0253547 GREAT AMERICAN INSURANCE CO (c) With respect to architects, work" done under a contract for that engineers, or surveyors, person or organization and included in coverage does not apply to the "products-completed operations "Bodily Injury," "Property hazard." Damage," "Personal and Ad- vertising Injury" arising out 3. NON-OWNED OR CHARTERED WATER- of the rendering or the fail- CRAFT ure to render any profes- sional services by or for you Section I - Coverages, Coverage A, Item including: 2.g.(2) is replaced with: (1) the preparing, approv- (2) A watercraft you do not own that is: ing, or failing to pre- pare or approve maps, (a) less than 51 feet long; and drawings, opinions, re- ports, surveys, change (b) not being used to carry persons or orders, designs or property for acharge. specifications; and 4. BROADENED PERSONAL AND ADVERTISING (it) supervisory, inspection, INJURY or engineering services. Unless "Personal and Advertising Injury" is ex- If an Additional Insured endorsement is at- cluded from this policy: tached to this policy and specifically names a person or organization as an Insured, then the SECTION V - DEFINITIONS Item 14. is re- coverage in Section II - WHO IS AN placed by: INSURED 5. Automatic Additional Insured(s) does not apply to that person or organization. 14. "Personal and Advertising Injury" means injury, including consequential "bodily in- jury," arising out of one or more of the following offenses: SECTION IV - COMMERCIAL GENERAL a. false arrest, detention or imprison- LIABILITY CONDITIONS, Item S. is replaced ment; with: b. malicious prosecution; 8. Transfer of Rights of Recovery Against Others to us and Blanket Waiver of c. the wrongful eviction from, wrongful Subrogation entry into, or invasion of the right of private occupancy of a room, dwelling a. If an Insured has rights to recover all or premises that a person occupies by or part of any payment we have made or on behalf of its owner, landlord or under this Coverage Part, those rights lessor; are transferred to us. The Insured must do nothing after loss to impair them. d. oral, written, televised, videotaped, or At our request, the Insured will bring electronic publication of material, in "suit" or transfer those rights to us and any manner, that slanders or libels a help us enforce them. person or organization or disparages a person's or organization's goods, pro- b. If required by a written "insured con- ducts or services; tract", we waive any right of recovery we may have against any person or e, oral, written, televised, videotaped, or organization because of payments we electronic publication of material, in make for injury or damage arising out any manner, that violates a person's of your ongoing operations or "your right of privacy; or Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 2001 CG 82 24 (Ed. 12101) XS (Page 3 of 4) C S1 ' •PAC5373608-09 393570646 "DIB ORIG IMAGE COPY 0253547 GREAT AMERICAN INSURANCE CO f. mental injury, mental anguish, humili- Subject to 5. above, the Damage to Prem- ation, or shock, if directly resulting wed Rented Y tundeo You Limit is Coverage is for most we damages from Items 14.a. through 14.e: because of "property damage" to your g. the use of another's advertising idea in building, or to personal property of others your "advertisement"; or in your care, custody and control while at premises rented to you or temporarily h. infringing upon another's copyright, occupied by you with permission of the trade dress or slogan in your "adver- owner, arising out of any one fire. tisement." The Damage to Premises Rented To You 5. MENTAL INJURY, MENTAL ANGUISH, Limit is replaced by the following Damage HUMILIATION, OR SHOCK INCLUDED IN to Premises Rented To You Limit. BODILY INJURY DEFINITION The Damage to Premises Rented To You Section V - Definitions, Item 3. is replaced Limit is the greater of: with: 3. "Bodily injury" means physical injury, sick- ness, Declarations or disease, including death of a per- (2) for Damage to Premises Rented to son. "Bodily injury" also means mental in- jury, mental anguish, humiliation, or shock You Limit. if directly resulting from physical injury, sickness, or disease to that person. B. This provision is subject to all the terms of SECTION 111 - LIMITS OF INSURANCE. 6. MEDICAL PAYMENTS C. This provision 5. does not apply if Damage to Premises Rent to You Liability of COV- A. The Medical Expense Limit in Paragraph 7. ERAGE A (SECTION 1) is excluded either of SECTION III - LIMITS OF INSURANCE by the provisions of the Coverage Part or is replaced by the following Medical Ex- by endorsement. pense Limit. The Medical Expense Limit provided by 8. SUPPLEMENTARY PAYMENTS this policy shall be the greater of: A. In the SUPPLEMENTARY PAYMENTS - a. $1D,000; or COVERAGES A and B provision, Item 1.b., and 1A are replaced with: b. The amount shown in the Declarations 1.b. Up to $500 for cost of bail bonds for Medical Expense Limit. required because of accidents or traf- fic law violations arising out of the use B. This provision 7. is subject to all the terms In- of SECTION III - LIMITS OF INSURANCE. jury any vehiclery Liability Coverage which the Bodily uerage applies. We do not have to furnish these bonds. C. This provision 7. does not apply if COVERAGE C. MEDICAL PAYMENTS is 1.d. All reasonable expenses incurred by excluded either by the provisions of the the Insured at our request to assist us Coverage Part or by endorsement, in the investigation or defense of the claim or "suit," including actual loss of 7. DAMAGE TO PREMISES RENTED TO YOU earnings up to $500 a day because of LIMIT time off work. A. SECTION III - LIMITS OF INSURANCE, This endorsement does not change any other Item 6. is replaced with: provision of the policy. Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 2001 CG 82 24 (Ed. 12101) XS (Page 4 of 4)