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HomeMy WebLinkAboutPW14-051 - Original - Woodland Park Zoo - H2O 2014 Water Festival - 03/25/2014 Records MqpagOrneh . Al K�NT Document WnsH NnrnH k 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: Woodland Park Zoo Vendor Number: JD Edwards Number Contract Number: 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: 3/5/14 Termination Date: 3/26/14 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 two 50-minute presentations at the festival. S:Publ is\RecordsM anagement\Forms\ContractCover\adcC7832 1 11108 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 22od day of January by and Woodland Park Zoo;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 two 50-minute presentations at Kent's H2O-2013 Water Festival at Green River Community College, 12401 SE 3201h Street, Auburn, WA 98092-3622 on March 25, 2014. 2) PAYMENT. The Sponsor shall pay Presenter the total sum of$243.00 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:-N4eot&-Ivey, Woodland Park Zoo, 601 N:59t' St., Seattle ! . WA 98103. + 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 Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 8) 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. 9) 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. 10) 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. 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 ' befnre 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. pp/s PMALDENEY d'iC®R®Tn� CERTIFICATE ®F LIABILITY INSURANCE DATI(MMIOOIYVYV) 129/14 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 endorsements . CONTACT PRODUCER K & K Insurance Group, Inc. NAME: LEISURE Y.O. Box 233A PHONE SOO-S53-8368 FAX 260-439-5G24 Fort Wayne, In 4o'SC'1 E O�IN°.Est: ADDRESS: KK.EVEN^-SATT_RACCIONS®KANDKINSURANC�--.COM INSURER(GI AFFORDING COVERAGE NAIC# INSURER A: NATIONAL CASUALTY COMPANY -1991 INSURED WOODLAND PARK ZCO SOCIETY INSURER B: _ 601 N 59TH STREET INSURERC: SEATTLE, WA 98103 INSURERD: I INSURER E: INSURER P COVERAGES CERTIFICATE NUMBER: -_72936D 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 TYPE OF INSURANCE AOOL SUER POLICY NUMBER PDLICY EFF POLICY EXP LIMITS LTR _ INSR MID R1MIDDlYYV MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE 1000CD0 A X COMMERCIAL GENERAL LIABII TY 12:01AM 12:DIM, PREMSES Es occurrence) 3000UO CLAIMSMADEOCCUR Y KK000036I5700 9/O1/13 9/O1/14 MED EXP(Any°ne pecan) 5000 Owners & Contractors PERSONAL B ADb'INJGRY _0000OC GENERAL AGGREGATE NONE DEN LACGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO S00000C X POLICY PROJECT LOD Part Lgl Lion 100,000 COMBINED SING Id IT 1DC0000 AUTOMOBILE LIABILITY Ea Acddent Ix ANV AlITO 12:D1AM =2:O'_AU4 BODILYINJURY(Per pe-s°n) A KK000038757DO 9/D1/-_3 9/U1/14 ALL OWNED AU I OS SCHEDULED BODILY INJURY(Peraccident)AUTOSIIIREDAUTOS X NON OWNEDPROPERTY DAMAGE AUTOS Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE 400000O A X EXCESS DAB CI-AIMS-MADE XKOn00387E000 9/nl/1M 12:OlAM AGGREGATE _ 9/O1/13 2-01A 4 X DFO RETENTION WORKERS COMPENSATION ICS OTHER AND EMPLOYERS'LIABILITY V❑IN IORY L LIMITIMITS ANY PROPRIETOR/PARTNERI E.L.EACH ACCIDENT EXECUTIVE CFFICEWMEMBER NIA EXCLUDED? E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under ELL DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) THE CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED, BUT ONLY FOR LIABILITY CAUSED, 1N WHOLE OR IN PART, EY 'IRE ACTS OR OMISSIONS OF THE NAMED INSURED. RE: EAP70R OUTREACH PROGRAM FOR THE WATER FESTIVAL IN MARCH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF KENT ENGINEERING THE EXPIRATION DATE THEREOF, NOTICE WILL BE ELIVEREO ACCORDANCE WITH THE POLICY PROVISIO CITY OF KENT ATTN: NANCY YCSHITAKE AUTHORIZED P S TATN 400 W GOWE KENT_ WA 98032 ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER.61- KK03875700 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILI fY COVERAGE PART SCHEDULE I Name Of Additional insured Person(s) Or Organization(s): `CITY OF KENT ENGINEERING CITY OF KENT 400 W GOWE, KENT, WA 98032 Information required to complete ths Schedule, if not shown above, will be shown in the Declarations. i A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown irr the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury' required by a contact or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance; on your behalf 1. In the performance of your ongoing operations; 1. Required by the contract or agreement;or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you, whichever is less. However: This endorsement shall not increase the applicable Limits of Insurance shown in the 1. The insurance afforded to such additional Declarations. 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 C'G 20 26 0413 © Insurance Services Office, Inc . 2012 Page 1 of 1