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HomeMy WebLinkAboutEC12-072 - Original - Sound Native Plant - Reight Road Restoration Project - 04/12/2012 Records Mana`�g4_erner� KENT = Document W.S.I NGTON ' 10 < 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 ML 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: