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HomeMy WebLinkAboutPW14-053 - Original - Sarvey Wildlife Care Center - H2O 2014 Water Festival - 3/3/14 Records Mana eM,it KETLT Document Wnenirvoron ;: a" 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: 5arvey Wildlife Care Center Vendor Number: ID Edwards Number Contract Number: �`' 017 D 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 Date ,2/26/14 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 11/08 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 22otl day of January by and Sarvey Wildlife Care Center hereinafter called "The Presenter" and the "City of Kent, hereinafter called "The Sponsor". WITNESSET.H: 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 320`h Street, Auburn, WA 98092-3622 on March 26, 2014. 2) PAYMENT. The Sponsor shall pay Presenter the total sum of$700.00 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, PO Box 3590, 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. 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. 13. 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. A" /1 CERTIFICATE OF LIABILITY INSURANCE (MMIDOIYYYY) 2/10/2014 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 endorsement(s). PRODUCER CONTACT NAME: Tiffany Latimer Alliance Insurance PHONE (425)404-3485 '' FA%C No:(425)903-499e 8423 Mukilteo Speedway E oaiessaiffanylatimer@allianceins.net Suite 201 INSURERS)AFFORDING COVERAGE RAID# Mukilteo WA 98275 _ INSURER A:Sentinel Insurance Co Ltd INSURED INSURER B:Sentinel Insuran_ce_ Company Sarvey Wildlife Care Center INSURER C: PO BOX 3590 INSURER 0: INSURER E: Arlington WA 98223 1 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1412 9 0 07 27 REVISION NUMBER: 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. INSR - rypE OF INSURANCE AODL ST 6RI POLICY NUMBER fd MIL1DIYYYY EFF MMYDDIYEYVY LIMITS R GENERAL LIABILITY EACH OCG'JRRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES'E a occurrence 5 1,000,000 A CLAIMS-MADE 1XI OCCUR 39SBMI0198 3/23/2013 3/23/2D79 VIED EXP(Anyone person) 5 10,000 PERSONAL B ACV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRCOUCTS-COMPIOP AGO $ 2,000,000 X POUCY PRO-E FLOG $ AUTOMOBILE LIABILITY ONISINEO SINGLE LIMIT Ee suceird 1,00 ,000 X ANY AUTO BODLY INJURY(Per person) S $ ALL CANNED SCHEDU_ED 52UECPE4238 3/23/2013 /23/2014 BODILY INJURY(Per accident) S 8 HIRED CS X' IN CLOWNED ROPTOS E RTY DAMAGE $ IX UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LABOLAIMB-MADE AGGREGATE $ 1,000,000 DEC I X I RE-ENTION$ $10,000 395BAB10198 /23/2013 3/23/2014 1 $ A WORKERS COMPENSATION 'NG STA IU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/EXCLUDR.'EXECUTIVE� EL EACH ACCIDENT S 1,000,000 (Mandator CFFICERMEMBER EXCLUDED? NIA 395BAB 1019E 3/23/2013 3/23/2014 (Mandatory In NH) EL DISEHSE-EA EMPLOYE 5 1,000,000 f yes,describe under ASHINGTON STOP GAP E.L.DISEASE-POLICY LIMIT S 11000,000 DESCRIPTION OF OPERATIONS below i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is additional insured, if required in a written contract with the named insured per form SSOOOB(0405) , copy attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Green River Community College 12401 SE 320th St Auburn, WA 98092 AUTHORIZED REPRESENTATIVE Tiffany Latimer/TIFF ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. 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"BoCify jjjj.jFy" °() , the' 3 Newly Mouhns Or FoomV 01govsk, pYf lfnl!jp'iratjnq lh-.vvaterctaff: f,,r y (ii-tron 'Propur�y (?�wf�ige' tr. propciiy yorl n�v,!:, of I;rI, ,,th--r than a p3rtref-Viii, t f,'Ju ;,i (if re t-d I0, In dro, Chap y, if rn; Or r !jdMJ i-n,IC"j ls[-)j It, Crpa ,j ,;Jjj J-i,'h ,,(l yi „I fl -, �rn):')vo 'u❑n; v4 [- ..�fi ltdin inoi,.ual infares, )'i f fn i V,i ar [r,-, fjrll2.r I'l", MU Vying nVVY&I Ciah; 05 a NOW Movi„Nat Wsuvca Acn Qqukud By h nye-f k :AN 1 ra nvm Omar nwwyxa 1U:n Contraci, ver ttLii fir ef thl_, pifivimori is -1 Th, oersnr,(s) , z aa,t ffuf! P�5!aqr aphs 3. trnoiji'll f� mfi, -d ,jri�y w,iiI fj0�i d e ci, ft,rni :hH Orf1a isr",11cin :i!' t i- eiid ut 0h , msweA can you have aqmwL W , writhr, polio: period, ,r hl , er a, ajliicsr onij 1-ono S7, 0if �1�1 04 0") P-g, I i of 22, Policy #39SBABI0198 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (a) 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 permit. 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 at the vendors premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) 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 An person(s)or organization(s) (referred to damage" arising out of the sale y Pe negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising Its employees or anyone else out of"your products" which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to: business and only 9 this Coverage Part provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs(d) or(f); or "productscompleted operations hazard". (it) 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 I to: course of business, in This insurance does not apply y connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to 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 (c) Any physical or chemical change with respect to their liability for "bodily 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 original container, Page 12 of 24 Form SS 00 08 04 06 Policy #39SBABI0198 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions Insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the Insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily Injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury' caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting Injury", "property damage" or "personal on your behalf: and advertising injury' caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf, owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the Insurance afforded agreement requires you to to these additional Insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (it) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you,including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, Inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 Policy #39SB"10198 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property 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 Premises Rented You we will pay regardless of the number of: Limit is the mosstt we will pay under Business iness Liability Coverage for damages because of a. Insureds; "property damage"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 explosion, the Damage to Premises Rented To a. Damages because of "bodily injury' and 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 6. How Limits Apply To Additional Insureds Declarations. 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