HomeMy WebLinkAboutPW17-373 - Original - VideOccasions - S 224th St Improvements - 06/16/2017 r i
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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 Dame: VideOccasion
Vendor dumber:
JD Edwards Number
Contract dumber: - �1 6
This is assigned by City Clerk's Office
Project dame: S 224th St. Improvements
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Z Contract
❑ Other;
Contract Effective mate: 6/16/17 Termination Date: 12/31/20
Contract Renewal Notice (Days)
Number of days required notice for termination or renewal or amendment
Contract Manager Jason Bryant Department: Public Works
Contract Amount: J5,D00.00
Approval Authority: (CIRCLE Q �Department Directo Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Contractor will provide videotaping services for the S 2241h...St.. Improvement project
As or: 08/27/14
•
KENT
W nS HINOTOw
GOODS & SERVICES AGREEMENT
between the City of Kent and
VideOccasions
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and VideOccasions organized under the laws of the State of Washington, located
and doing business at 2806 129t" Ave. SE, Bellevue, WA 98005, Phone: (425) 641-4811, Contact:
Matthew Wollcott (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall provide videotaping services for the S. 224t" St. Improvements project.
For a description, see the Vendor's scope of work which is attached as Exhibit A and
incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by December 31, 2020.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Five Thousand
Dollars ($5,000.00), including applicable Washington State Sales Tax, for the goods, materials, and
services contemplated in this Agreement. The City shall pay the Vendor the following amounts according
to the following schedule:
Shall be paid after execution of agreement and submittal of invoice.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
GOODS & SERVICES AGREEMENT - 1
($20,000 or Less, Incl. WSST)
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
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 Vendor 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.
B. The Vendor maintains and pays for its own place of business from which Vendor's
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor's services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor 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 Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor 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 block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor determines,
for any reason, that an amendment is necessary, Vendor must submit a written amendment request to
the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14)
calendar days of the date Vendor knew or should have known of the facts and events giving rise to the
requested change. If the City determines that the change increases or decreases the Vendor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall
proceed with the amended work upon receiving either a written amendment from the City or an oral order
from the City before actually receiving the written amendment. If the Vendor fails to require an
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent
amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the
adjustment as provided in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor 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.
Vendor 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.
XI. INDEMNIFICATION. Vendor 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.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'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.
In the event Vendor 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 Vendor's part, then Vendor
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
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
XII. INSURANCE. The Vendor 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.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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
Vendor's own risk, and Vendor 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.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. 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 Disputes 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
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. 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. Assignment. 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. Modification. 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 Vendor.
G. Entire Agreement. 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 Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
GOODS &SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
I. Public Records Act. The Vendor 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 Vendor agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Re uired. 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.
K. Counterparts and Signatures 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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. 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.
VENDO CITY OF KENT:
By:
By: Ao--
(signature) (signature)
Print Ni Xo H Al 0 Print Name: Eric Connor
,p me
Its: Its. Construction Manager
If
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Matthew Wollcott Timothy J. LaPorte, R.E.
VideOccasions City of Kent
2806 129t" Ave. SE 220 Fourth Avenue South
Bellevue, WA 98005 Kent, WA 98032
(425) 641-4811 (telephone) (253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
VideOccasions-224/BrVant
GOODS & SERVICES AGREEMENT 6
($20,000 or Less, including WSST)
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.
3. 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: IVY tl�.e w fiJ a--�Co 10 r'd e o ccaAi u h 5
Title:
Date: fo zi'// 7
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 of 3
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
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (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.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
EXHIBIT A
i TM
VideCccascns
B eHevue,\)VA, 425-641-4811
A contract between Viele0cectsions, 2806 129th Ave S.E., Bellevue WA, 98005 and
Jason Bryant, Owners Representative, Construction Management, Public Works
Department
220 Fourth Avenue South, Kent, WA 98032 (253-856-5541; Cell 253-261-5663.)
hereafter referred to as the Client, entered into this 8th day of May. 2017.
1. Terms of Coverage:
a. Vick Occasions agrees to provide videotaping services to Client, at sites within
The City of Kent to be specified by Client,, beginning May 15"' and through to
the completion of the project, subject to the availability of T/OeOccasions'
videographers.
b. Client agrees to obtain permission to video tape oil designated sites, which
permission shall include releases from those on site who may inadvertently appear
in the videotape.
c. Client agrees to provide a guide, who will accompany videographer during
each taping session.
d. Client agrees to hold VicleOccasions harmless for any darnage which might
Occur in the execution of videotaping, and to indemnify VOCOccasions in any
legal action taken against it by property owners whose premises have been
videotaped.
e. Client agrees that in the event of inclement weather, taping shall be confined to
the interior of'properties, or to exterior areas approved by the videographer as
safe for the operation of video equipment.
2, Nature of Services:
a. VitleOcccisions agrees to provide one (1) videographer for cash taping.
b. Taping will be in the SD Card format.
c. P"icleOccasions will provide a wireless microphone for guide if requested.
d. Material frorn each taping will receive minimal editing, which shall be
confined to such introductory graphics as Client may Supply and title-frarne
text as supplied by Client,
e. Delivery will be in the form of a DVD for each venue taped. DVDs may
include IllellU page and chapters as deemed necessary by Client.
2
3. Fees:
For VideOccasions' services to Client, as specified in Paragraphs 1 and 2:
a. Videotaping: $100 per hour for 4 hour guaranteed minimum. Setup and
tear down of equipment is included in this fee.
b. Additional taping, if requested by Client, will be billed at $100 per
hour.
c. Editing: If requested, $100.00 per hour.
Terms of Pam
Invoices from VideOccasions will be submitted weekly following the first week
of
taping, payable not later than 30 days following submission.
5. Delivery to Client.
a. VideOccasions will provide one (1) DVD for each site videotaped.
b. Additional copies of the DVD will be provided Client upon request at the rate of
$10.00 each.
6. Waiver of Copyright
The unedited video tape is the property of the Client, and is not subject to
copyright by VideOccasions. It will be surrendered to Client upon request.
7. Exact Date
This agreement between VideOccasions and the Client is for the duration
specified in Paragraph 1(a) of this contract and shall terminate not later than
October 1", 2017
VideOccasions agrees to shoot on dates beyond October 1", 2017 under the terms
of this contract, subject to availability.
8. Safety of Videographers
VideOccasions reserves the right to discontinue videotaping in any situation that
would put either the safety of the videographers or their equipment at risk.
9. Breaks for Videog_raphers
Vide Occasions'staff shall be entitled to a ten minute break every two hours, and
a 30 minute unpaid lunch break.
3
The Fine Print
10. Limitation of Liability
VideOccasions'liability is limited to a refund of money paid in an advanced payment in the
unlikely event that a problem arises specifically due to lateness, no-show,equipment or other
failures, loss of materials or VideOccasions'inability to provide a videotape of the event.
11. Miscellaneous
Any failure to pay the balance of the amount owing VideOccasions will bear interest at the rate of
1-1/2%per month. In the event VideOccasions is required to retain an attorney to enforce
payment or any other covenant of the Agreement,Client shall pay all attorneys' fees and costs
incurred by VideOccasions in connection therewith. This Agreement will be interpreted under the
laws of the State of Washington and venue for any action shall be in King County,Washington.
12. Firm and Binding Agreement
A firm and binding agreement exists between VideOccasions and the Client only after this
agreement has been properly executed.
This agreement supersedes and replaces any previous document,correspondence,
conversation or other written and/or oral understanding.
VideOccasions and Client mutually agree to the terms and conditions of this contract. Any
additions will be subject to a separate written contract.
If any portion of this agreement should be determined to be invalid,it is agreed that the invalidity
of such portion shall not affect the validity of the remaining portions of this agreement.
For VideOccasions: Client:
Matthew Wolcott , May 6, 2017 ,
(Date) (Date)
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor 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 Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor 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. The City shall be
named as an insured under the Contractor'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.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor 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 and a $2,000,000 products-completed operations
aggregate limit.
EXHIBIT B (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 Contractor'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 Contractor's
insurance and shall not contribute with it.
2. The Contractor'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 contractor 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 Contractor'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
Contractor 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 Contractor before commencement of the work.
F. Subcontractors
Contractor 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 Contractor.
DATE
AC o® CERTIFICATE OF LIABILITY INSURANCE 06/0812017YYY)
��. os/os/2o17
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
A
VVM F BUELL INC (A/C,No Ext): 888 661-3938 NE FAX
No): 877 552-6091
621 E PARK AVE E-MAIL
LIBERTYVILLE,IL 60048 -Sem—cen `''s. n'
(888)661-3938 INSURER($)AFFORDING COVERAGE NAIC If
INSURER A:THE TRAVELERS INDEMNITY COMPANY
INSURED INSURER B:THE CHARTER OAK FIRE INSURANCE COMPANY
JACK WOLCOTT DBA VIDEOCCAS IONS
2806 129TH AVE S.E. INsuRERc:
BELLEVUE,WA98005 INSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 062272520241851 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 ADDL SUER POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD W VD POLICY NUMBER IMMIDDIYYYYI IMMIDDIYYYYILIMITS
680-34FO2759-17 05/12/2017 05/12/2018 EACH OCCURRENCE $1 000 000
B �( COMMERCIAL GENERAL LIABILITY X A N
CLAIMS-MADE U OCCUR PREMISES Eaoccurrence) $300,000
X HIREDAUTO MED EXP(Any oneperson) $5 000
X NON OWNED AUTO PERSONAL B ADV INJURY $1,000.000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 000 000
X POLICY ❑PET F�LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
cD SINGLE LIMIT $
AUTOMOBILE LIABILITY Ea acideI
BODILY INJURY(Per person) $
ANY AUTO
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
HIRED AUTOS NON-OWNED PROPERTY DAMAGE
AUTOS (Per accident) $
$
A ODECE)
UMBRELLALIAB X OCCUR CUP-34FO2759-17 05/12/2017 05/12/2018 EACH OCCURRENCE $1,000,000
EXESS LIAR CLAIMS-MADE AGGREGATE $1,000,000
X RETENTION$5,000
$
WORKERS COMPENSATION NIA S ATUTE
AND EMPLOYERS'LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE F-1 E.L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED?(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additlonal Remarks Schaduls,may be attached If more space Is required)
AS RESPECTS TO GENERAL LIABILITY,THE CITY OF KENT IS ADDITIONAL INSURED-DESIGNATED
PERSON/ORGANIZATION,CG T4 91,WITH RESPECTS TO:VIDEO SHOOT:S 224TH ST IMPROVEMENTS STARTING ON
6/12/2017 LOCATED AT SOUTH 224TH ST KENT WA 98032
CERTIFICATE HOLDER CANCELLATION
THE CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ATTN:PUBLIC WORKS ENGINEERING THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
220 4TH AVE SOUTH ACCORDANCE WITH THE POLICY PROVISIONS.
KENT,WA 98032
AUTHORIZED REPRESENTATIVE
01988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
AW
TRAVELERS J One Tower Square, Hartford, Connecticut 06183
OTHER INTEREST CHANGE ENDORSEMENT
INSURING COMPANY:
THE CHARTER OAK FIRE INSURANCE COMPANY
Named Insured: JACK WOLCOTT DBA VIDEOCCASIONS
Policy Number: 680-34FO2759-17-42
Policy Effective Date: 05/12/2017
Policy Expiration Date: 05/12/2018
Issue Date: 06/07/2017
Premium $ NIL
Effective from 06/07/17 at the time of day the policy becomes effective.
THIS INSURANCE IS AMENDED AS FOLLOWS:
Additional Insureds are added to the policy as provided under the
attached endorsement(s) :
CG T4 91
The following forms and/or endorsements is/are included with this change.
These forms are added to the policy or replace forms already existing
on the policy:
IL TO 07 09 87
CG T4 91 11 88
NAME AND ADDRESS OF AGENT OR BROKER Countersigned by
WM F BUELL INC
621 E PARK AVE
Authorized Representative
LIBERTYVILLE IL 60048 DATE: 06/07/2017
IL TO 07 09 87 (Page 1 of 1 ) Office: ELMIRA NY SRV CTR
POLICY NUMBER: 680-34FO2759-17-42
EFFECTIVE DATE: 05/12/2017
ISSUE DATE: 06/07/2017
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS
BY LINE OF BUSINESS
* IL TO 07 09 87 CHANGE ENDORSEMENT
IL TO 19 02 05 COMMON POLICY DECLARATIONS
IL TO 25 08 01 RENEWAL CERTIFICATE
MP TO 01 02 05 BUSINESSOWNERS COVERAGE PART DECLARATIONS
* IL T8 01 01 01 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS
IL T3 16 05 12 COMMON POLICY CONDITIONS - WASHINGTON
BUSINESSOWNERS
MP T1 30 02 05 TABLE OF CONTENTS - BUSINESSOWNERS COVERAGE PART -
DELUXE PLAN
MP T1 02 02 05 BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM
MP T3 25 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE
MP T3 50 11 06 EQUIPMENT BREAKDOWN - SERVICE INTERRUPTION LIMITATION
MP T3 56 02 08 AMENDATORY PROVISIONS - GREEN BUILDING AND BUSINESS
PERSONAL PROP COV ENHANCEMENTS
MP T9 70 03 06 POWER PAC ENDORSEMENT
CP 01 60 12 98 WASHINGTON CHANGES - DOMESTIC ABUSE
MP T4 31 07 16 WASHINGTON CHANGES
COMMERCIAL GENERAL LIABILITY
CG TO 34 11 03 TABLE OF CONTENTS - COMMERCIAL GENERAL LIABILITY
COVERAGE FORM CG 00 01 10 01
CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COVERAGE FORM
CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION
CG D3 09 11 03 AMENDATORY ENDR- PRODUCTS-COMPLETED OPERATIONS HAZARD
CG D4 71 01 15 AMENDMENT OF COVERAGE B - PERSONAL AND ADVERTISING
INJURY LIABILITY
CG DO 37 04 05 OTHER INSURANCE - ADDITIONAL INSUREDS
CG D1 05 04 94 BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
CG D1 86 11 03 XTEND ENDORSEMENT
CG D2 03 12 97 AMEND - NON CUMULATION OF EACH OCC
* CG T4 91 11 88 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
CG D4 13 04 08 AMEND COVG - POLLUTION-EQUIP EXCEPTION
MP T1 25 11 03 HIRED AUTO AND NON-OWNED AUTO LIABILITY
CG D2 56 11 03 AMENDMENT OF COVERAGE - PROPERTY DAMAGE
CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION
CG D3 56 05 14 MOBILE EQUIPMENT REDEFINED - EXCLUSION OF VEHICLES
SUBJECT TO MOTOR VEHICLE LAWS
CG D4 21 07 08 AMEND CONTRAL -LIAB EXCL - EXC TO NAMED INS
*TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE.
IL T8 01 01 01 PAGE: 1 of 2
POLICY NUMBER: 680-34FO2759-17-42
EFFECTIVE DATE: 05/12/2017
ISSUE DATE: 06/07/2017
COMMERCIAL GENERAL LIABILITY (CONTINUED)
CG D6 18 10 11 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION
LAWS
CG D7 46 01 15 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR
PERSONAL INFORMATION
CG D1 42 01 99 EXCLUSION - DISCRIMINATION
CG F2 45 07 02 EXCLUSION - WAR - WASHINGTON
CG T4 78 02 90 EXCLUSION - ASBESTOS
CG F2 58 01 08 WASHINGTON CHANGES
CG F2 66 11 03 WASHINGTON CHANGES - EMPLOYMENT-RELATED PRACTICES
EXCLUSION
MULTIPLE SUBLINE ENDORSEMENTS
CG T3 33 11 03 LIMITATION WHEN TWO OR MORE POLICIES APPLY
INTERLINE ENDORSEMENTS
IL T4 12 03 15 AMNDT COMMON POLICY COND-PROHIBITED COVG
IL T4 14 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
IL T3 82 05 13 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA
IL 01 23 11 13 WASHINGTON CHANGES - DEFENSE COSTS
IL 01 57 07 02 WASHINGTON CHANGES - ACTUAL CASH VALUE
IL 01 73 07 02 WASHINGTON CHANGES - EXCLUDED CAUSES OF LOSS
IL 01 98 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD
FORM)
*TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE.
IL T8 01 01 01 PAGE: 2 OF 2
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 680-34FO2759-17-42 ISSUE DATE: 06/07/2017
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 LIABILITY COVERAGE PART
SCHEDULE
Name of person or organization:
THE CITY OF KENT
ATTN: PUBLIC WORKS ENGINEERING
220 4TH AVE SOUTH
KENT WA 98032
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your acts or omissions.
CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
CHANGE OVERPRINT /CHANGE SLIP POLICY NUMBER: 680-34FO2759-17-42
ISSUE DATE: 06/07/2017
RATER: SO
CHANGE EFFECTIVE DATE: 06-07-17
EFFECTIVE DATE: 05/12/2017
EXPIRATION DATE: 05/12/2018
INSURED'S NAME: JACK WOLCOTT DBA VIDEOCCASIONS
New/Renewal: R Special Code: Watch File:
Solicitor Code: Program Code: 76B Survey Code:
SAI: 7501H1101 Paymode: L Reinsurance: t
MSI: I Audit Frequency: N DOWNSTREAM
Rating Mode: Responsibility: I Pro Rata Factor: 0.929
PREMIUM SUMMARY
S.B. ACCT. EFF. PREMIUM
MO. DATE .1500
20/06 06-07-17 0.00
Type Code Type Code Description
OFFICE: ELMIRA NY SRV CTR 700
PRODUCER NAME: WM F BUELL INC X0212
Page 1 of 1
Renewal auto policy declarations ��������IJ
Policy number: 964 245 920 Page 3 of 4
Policy effective date: June 30,2017 You're in good hands.
Coverage detail for 2010 Jeep Patriot
Coverage Limits Deductible Premium
Automobile Liability Insurance Not applicable
mom
l9 Bodily Injury $100,000 each person
$300,000 each occurrence
Property Damage $100,000 each occurrence
Auto Collision Insurance Actual cash value $500
(Safe Driving Deductible Reward-deductible reduction amount available is$200)
a Auto Comprehensive Insurance Actual cash value Y $250
Rental Reimbursement up to$40 per day for a maximum of 30 Not applicable
days
Towing and Labor Costs $100 each disablement Not applicable v^
Underinsured Motorists Insurance
® Bodily Injury $100,000 each person Not applicable
$300,000 each accident
Property Damage f $100,000 each accident Stated in policy
i Automobile Medical Payments Not purchased*
Personal Injury Protection Benefits - Not applicable
•Medica(Expenses $10,000 each person
•Wage toss $200 per week maximum
•Essential Services Expenses $40 per day
Sound System _ Not purchased* _
Tape Not purchased*
Total premium for 2010 Jeep Patriot
*This coverage can provide you with valuable protection. To help you stay
current with your insurance needs,contact your Allstate agent to discuss
coverage options and other products and services that can help protect you.
VIN 1J4NF4GB5AD599081
Additional coverages
Coverage Limits
Automobile Death Indemnity Insurance Not purchased*
Automobile Disability Income Protection Not purchased*
"This coverage can provide you with valuable protection. To help you stay
current with your insurance needs,contact your Allstate agent to discuss
coverage options and other products and services that can help protect you,
0