HomeMy WebLinkAboutEC12-072 - Original - Sound Native Plant - Reight Road Restoration Project - 04/12/2012 Records Mana`�g4_erner�
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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 Clerks Office.
Vendor Name: Sound Native Plant Vendor Number:
�— JD Edwards Number
Contract Number: t", — o r oZ
This is assigned by Deputy City Clerk
Description: Replant of the Reith Road Proiect
Detail:
ect Proj Project Name: Reith Road Restoration
J �
Contract Effective Date: 3/20/2012 Termination Date: 6/30/2017
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Andrea Jedel Department: ECD
Abstract:
S Public\RecordsManagement\Forms\ContractCover\ADC17832 07/02
400,40�
01
KENT
W M15 NING TOR
PUBLIC WORKS AGREEMENT ;
between City of Kent and
Sound Native Plants
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Sound Native Plants organized under the laws of the
State of Washington, located and doing business at P.O. Box 7505, Olympia, WA 98507 (360)
352-4122, Ben Alexander (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Reith Road project will consist of planting of native trees, removal of invasive weeds
around plants two times per growing season. Replace all dead plants at the end of
each growing season for five years after installation. Monitor site, document site
condition and summarize in annual report for five years following installation in
accordance with their Scope of Work attached as Exhibit A
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of. this Agreement, Contractor shall complete the work described in Section I by June 30,
2017.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
$14,811.29, including applicable Washington State Retail Sales Tax on this contract shall be
governed by WAC 458-20-171 and its related rules for the work contemplated in this
Agreement. The City shall pay the Contractor as follows:
$3,702.82 Upon completion of initial planting and weeding
$3,702.82 Upon receipt of appropriate releases identified in Section III.A.
$1,481.13 60 days after the end of the 1st year of weed control and annual monitoring
$1,481.13 60 days after the end of the 2"d year of weed control and annual monitoring
$1,481.13 60 days after the end of the 3rd year of weed control and annual monitoring
PUBLIC WORKS AGREEMENT - 1
(Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond)
$1,481.13 60 days after the end of the 41h year of weed control and annual monitoring
$1,481.13 60 days after the end of the 5th year of weed control and annual monitoring
A. No Payment and Performance Bond. Because this contract, including
applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08
RCW, the Contractor, in lieu of providing the City a payment and
performance bond, has elected to have the owner retain the funds as
detailed above of the Contract amount for a period of sixty (60) days after
the date of final acceptance, or until receipt of all necessary releases from
the State Department of Revenue, the State Department of Labor &
Industries, and the State Employment Security Department, and until
settlement of any liens filed under Chapter 60.28 RCW, whichever is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this Agreement; and extra work and
materials furnished without the City's written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion of the work, the
City may complete the work by contract or otherwise, and Contractor 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 Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due
or to become due the Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF
FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A
WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE
TIME FINAL PAYMENT IS MADE AND ACCEPTED.
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 Contractor 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 Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Contractor's services and is a service other than that
furnished by the City, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as
that involved under this Agreement.
PUBLIC WORKS AGREEMENT - 2
(Roadway/Pedestrian Path - Over$10K, Under$35K, No Performance Bond)
D. The Contractor 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 Contractor has registered its business and established an account with
the state Department of Revenue -and other state agencies as may be
required by Contractor's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good
cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or .
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any
further money due under this Agreement until the Contract work is completed. After
termination, the City may take possession of all records and data within the Contractor's
possession pertaining to this project which may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the
bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code
of Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this Agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order
request to the person listed in the notice provision section of this Agreement, section XV(D),
within fourteen (14) calendar days of the date Contractor knew or should have known of the
facts and events giving rise to the requested change. If the City determines that the change
PUBLIC WORKS AGREEMENT- 3
(Roadway/Pedestrian Path - Over$IOK, Under$35K, No Performance Bond)
increases or decreases the Contractor'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
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City
will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
with the change order work upon receiving either a written change order from the City or an oral
order from the City before actually receiving the written change order. If the Contractor fails to
require a change order within the time specified in this paragraph, the Contractor waives its
right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work; however, the Contractor may elect to protest the adjustment
as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor 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.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Contractor may file a claim as provided in this
section. The Contractor 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 Contractor 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 Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor'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 Contractor'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 Contractor is asserting a schedule change or
disruption.
B. Records. The Contractor 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 Contractor's records needed for evaluating the protest.
PUBLIC WORKS AGREEMENT - 4 ,
(Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond)
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. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor 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 Contractor 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 Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any parts are repaired or replaced, 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 one (1) year
from the date such correction is completed and accepted by the City. The Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under'
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor 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.
Contractor 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.
XII. INDEMNIFICATION. Contractor 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
PUBLIC WORKS AGREEMENT - 5
(Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond)
connection with the Contractor's performance of this Agreement, except for that portion of the
injuries arid damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4:24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 Contractor 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
Contractor's part, then Contractor 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 Contractor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Contractor 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.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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.
XV. 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.
PUBLIC WORKS AGREEMENT - 6
(Roadway/Pedestrian Path - over$1OK, Under$35K, No Performance Bond)
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 XII 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.
3
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 Contractor.
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 Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
PUBLIC WORKS AGREEMENT - 7
(Roadway/Pedestrian Path - Over$10K, Under$35K, No Performance Bond)
T. Counterparts. 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.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By: By:
( rgnature) (signature)
Print Name:�� ixc�nd e� Prm N e: zette Cooke
Its Its Mavor
(title)
DATE: � III It2 DATE: /a/a
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ben Alexander Andrea Jedel, Wetland Biologist
Sound Native Plant City of Kent
P.O. Box 7505 220 Fourth Avenue South
Olympia, WA 98507 Kent, WA 98032
(360) 352-4122 (telephone) (253) (253) 856-5556 (telephone)
(360) 867-0007 (facsimile) (253) (253) 856-6454 (facsimile)
APPROVED AS TO F RM:
Kent Law Department
[In this field,you may enter the electronic filepath where the contract has been saved]
PUBLIC WORKS AGREEMENT - 8
(Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond)
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.
Dated this it day of Ape; I , 20 Z.
By:For: SouAJ We-ARM Q)o,�5 (ric.
Title: 2CC51en-�
Date: 4111 (l2
EEO COMPLIANCE DOCUMENTS - 1
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
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.
Dated this day of , 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
Andrea Jedel SOUND
City of Kent Development Engineering NATIVE
400 West Gowe PLANTS
Kent, WA 98032
April 11, 2012
RE- Rerth Rd Slope Replanting Proposal
Scope of Work:
1. Plant 215 native trees specified in the city arborist's plant list, using 1-gallon and 2-gallon
container plants, and remove invasive weeds in a 6' diameter circle around each installed plant
2. Perform manual invasive weed control twice per growing season and replace all dead plants at
the end of each growing season, for 5 years following installation
3. Monitor the site, determine plant survival, estimate weed cover, photodocument site
conditions and summarize findings in annual reports for 5 years following installation
Worker will be paid prevailing wages and an insurance certificate will be provided naming the City
of Kent as an additional insured Removal or amelioration of hazardous logs on the slope prior to
starting work would be the city's responsibility.
Cost:
$14811.29 including applicable Waslungton State sales tax.
Payment
Payment schedule will be as detailed in the contract provisions.
Ben Alexander
PO Box 7505, Olympia,WA 98507 (360) 352-4122/fax: (360) 867-0007 Contr#SOUNDNP017BL
www.soundnativeplants.com
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
a
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 Jnsurance 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.
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.
2. 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-Liabilitv 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 A:VII.
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
i 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.
OP ID:TH
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CERTIFICATE OF LIABILITY INSUR�A D
ACE OAT3115DYYYYI
3/15/12
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 cc ificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed If SUBROGATION IS WANED,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 ho?der in lieu of such endorsement(s)-
CONTACT
PRODUCER 360-352-8444 NAME
FAX
Nicholson&Associates PHONE
360-943-9712 AJc_t_Ja F i ac NoZ_
1902 Black Lake Blvd-SW E-MAIL
ADDRESS_
Olympia,WA 98512 PRcioubu SDUND01
Pastore&Associates - CUSTCMER IDx
INSURER(SLAFFORDING COVERAGE NAIC p
INSURED Sound Native Plants,Inc 1NSURERA-American States Insurance Co. 19704
PO Box7505 INSURERS
Olympia,WA 98507 INSURERC.
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 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 NOTVATHSTAN DING 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 6Y 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
ADD $J6 POLICY EFF POLICY Exp
LTR TYPE OF INSURANCE POLICY NUMBER idWOD/YYYY) MMIDDiYYYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY X 1CH51D3244 06/22111 06/22/12 pREMISES(E.o_Qa,Tencel $ 200,00
CLAIMS-MADE 1" OCCUR MEn EXP(Any one person) $ 1 D,OD -
PERSONAL&ACV INJURY $ 1,000,00
GENERA.AGGREGATE $ 2,000,OD
GEN'L AGGREGATE LIMIT APPLIES PER PRODUC TS-COMP/OP AGG S 2,000,00
X POLICYPRO- LOC S
AUTOMOBILE LIABILITY `x Ea accl aril)ED LE LIMIT S 1,DD0,00
{Ea accitlenl)
A I X ANY AUTO �DlCH5103244 06122/11 06/22/12
BODILY INJURY(Per pecan) $
ALLOWNEDAUTOS BODILY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE S
X HIRED AUTOS (Peraccrdent)
X NON-0WNED AUTOS S
S
UMBRELLA LIAR X OCCUR EACH OCCURRENCE_ S 2,000s0
00
EXCESS LIAe CLAI05M 01SU4059793 06l22111 O6l22l12
AOE AGGREGATE S 7,000,00
DEDUCTIBLE S ,
X RETENTION S 10,000 $
WORKERS COMPENSATION WC STATU- X OTH-
T MIT FR
ANY EMPLOYERS' AR7NETY
A ANY rROPRIETCii/PARiNERlEXECUTNEY/❑N NIA
01CH5103244 06/22I71 O6t22112 EL EACH ACCIDEN'T $ 7,000,00
OFFicER ry in R)exctunED7 WASHINGTON STOP GAP `E L DISEASE-EA EMPLOYE S 1,000,00
(Mandatory in NH)
11 yes,dasaiba under E L DISEASE-POLICY LIMIT S 1,000,00
DESCRIPTION Or OPERATIONS balm
DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (Attach ACDRD 101,Addhanal Remarks Schedule,,f more space is regmred)
City of Kent is named as an additional Insured per the attached
endorsements)
I
CERTIFICATE HOLDER CANCELLATION
CKENT-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
City of Kent
403 West Gowe
Kent,WA 98032 AUTHORIZED REPRESENT
ATIV
E
1988-2009 ACORD CORPORATION All rights reserved.
ACORD 25(20D9109) The ACORD name and logo are registered marks of ACORD
I
s
�orrtiro curmnx mervnmu uonnn
COMMERCIAL GENERAL LIABILITY
CG 25 03 11 85
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - AGGREGATE LIMITS OF INSURANCE
(PER PROJECT)
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The General Aggregate Limit under LIMITS OF INSURANCE (SECTION 111) applies separately to each of your
projects away from premises owned by or rented to you
Copyright, Insurance Services Office, Inc, 1984
co 25 as 11 e5 EP
CG 76 80 10 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED PRIMARY
COVERAGE
This endorsement modifies insurance provided under the following'
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Kent
w _
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
SECTION II — WHO IS AN INSURED is amended you Coverage shall be limited to the extent of your
to include as an additional insured the person or negligence or fault according to the applicable prmci-
organization shown in the Schedule subject to the ples of comparative fault.
following provisions:
The insurance provided will not exceed the lesser of:
y. The additional insured Is an insured but only for
liability directly resulting from: a. The coverage and/or limits of this policy, or
a. your ongoing operations for the additional in- b. The coverage and/or limits required by the
sured whether the work is performed by you contract, agreement or permit.
or for you, or
With respect to the insurance afforded the additional
b. the general supervision of your ongoing op- insured, paragraph 4 of SECTION IV — COMMER-
erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de-
. This insurance does not apply to leted and replaced by the following.
a. `Bodily injury" or "property damage" arising 4. Other Insurance
out of any act or omission of, or for defects a. This insurance is primary and noncontrib-
in design furnished b or for, the additional affected 9 Y utory, and our obligations are not a t by
insured or any other insurance where the additional in-
b. 'Bodily injury" or "property damage" in- sured is the Named Insured, whether pn-
cluded within the "products-completed oper- mary, excess, contingent, or on any other
ations hazard." basis; however, the defense of any claim or
"suit" must be tendered as soon as practi-
A person's or organization's status as an additional cable to all other insurers which potentially
insured under this endorsement ends when your op- provide insurance for such claim or "suit".
erations for that insured are completed b. This additional provision applies only to the
additional insured shown in the Schedule
No coverage will be provided if, in the absence of this and the coverage provided by this endorse-
endorsement, no liability world be imposed by law on ment
cG 76 80 110 02 Er
Page 1 of3
State of Washington
Department of Labor & Industries
Prevailing Wage Section - Telephone 360-902-5335
PO Box 44540, Olympia, WA 98504-4540
Statement of Intent to Pay Prevailing Wage
Document Received Date- Intent Id Affidavit Id Status Approved On
3/9/2012 503393 3/14/2012
Company Details
SOUND NATIVE PLANTS INC UBI# 601922104
PO BOX 7505 Reg#. SOUNDNP01 7BL
OLYMPIA, WA 98507 E-mail. ben@)soundnativepiants.com
360-352-4122
Industrial Insurance Account Id 857,936-01
Filed By Alexander, Ben
Prime Contractor
Company Name SOUND NATIVE PLANTS INC
Contractor Registration No. SOUNDNP017BL
WA UBI Number 6019221 04
Phone Number 360-352-4122
Project Information
Awarding Agency KENT, CITY OF
220 -4TH AVE S KENT, WA - 98032-5895
Awarding Agency Contact Andrea Jedel
Awarding Agency Contact Phone Number 253-856-5556
Contract Number NA
Project Name Reith Road Slope
Bid due date 3/8/2012
https.//secure]ni wa.gov/pwia/Viewlntent.aspx 3/1 5120 1 2
Page 2 of 3
Award Date 3/8/2012
Project Site Address or Directions W side of Reith Road, north of S 253rd St,
Kent, WA
Intent Details
Does your company intend to hire subcontractors to No
perform all work?
Does your company intend to hire any No
s u bcontractors7
Will your company have employees perform work on Yes
this project?
Do you intend to use any apprentices? (apprentices No
are considered employees.)
Will this project utilize American Recovery and No
Reinvestment Act(ARRA) funds?
Specifically, will this project utilize any No
weatherization or energy efficiency upgrade funds
(ARRA or otherwise)?
How many owner/operators performing work on the 0
project own 30%or more of the company?
What is the estimated contract amount?Or is this a $14,173 83
time and materials estimate?
Expected project start date (MM-DD-YYYY) 3/15/2012
in what county(or counties)will the project be done? King
In what city(or nearest city)will the project be done? Kent
Journey Level Wages
# i
County Trade Occupation Wage Fringe Workers ?
King Landscape Construction Landscaping or Planting $17 87 4
Laborers
�w__._._J__
..�.__._._-_.-_ ____-I--- _.__. . .._____ -.._. _.___ __-_-__. __.._ J
__.--
B Show/Hide Existing Notes
--On 3/9/2012 --
This project consists of planting trees on a city-owned parcel next to a city street where
homeowners illegally topped the existing trees. All planting will be done by hand.There is no
https//secure lni wa gov/pwia/Viewlntent aspx 3/15/2012
' Page 3 of 3
earthmoving, mulching, erosion control, or use of power equipment.The project also includes
manually clearing out weeds during planting, and doing weed control and replanting as needed
for S years after the initial planting.
https://secure.InLwa.gov/pwia[ViewIntent.aspx 3/15/2012
a
REQUEST FOR MAYOR'S SIGNATURE
•NT Please FIII in All Applicable Boxes
KE
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Andrea Jedel Phone (Originator). 5556
Date Sent: 4/11/12 Date Required. ASAP
Return Signed Document to: Andrea Jedel CONTRACT TERMINATION DATE: 6/30/15
VENDOR NAME: Sound Native Plant— DATE OF COUNCIL APPROVAL: N/A
Lauren Glen Wetland
Brief Explanation of Document:
Sound Native Plant will be preparing the site of the Lauren Glen Wetland Buffer Enhancement
project, planting, erecting signs and fencing as well as maintenance and monitoring twice per
year for a period of three years in accordance with the Scope of Work attached as Exhibit A to
the contract. (X/
All Contracts Must Be Routed Through The Law Department
Atfor=l
ted by the LawD�artment) �vReceived: c��(.��:� L�r
Approval of Law Dept.: RPR 11 2012
Law Dept. Comments: KENT LAW DEPT
Date Forwarded to Mayor: 4 —(( _
Shaded Areas To Be Completed By Administration Staff
�� pp n�
Received: � L� � � U U
Recommendations and Comments: �� 1 2 - 10
CITY OF KENT
Disposition: CITY CLERK
Date Returned: