HomeMy WebLinkAboutEC12-073 - Original - Sound Native Plant - Laurel Glen Wetland Mitigation Project - 04/12/2012 °I
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CONTRACT COVER SHEET
This is to be completed b the Contract Manager prior to submission to City Clerks Office. All
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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: Q73
This is assigned by Deputy City Clerk
Description: Plant & Monitor of the Laurel Glen Wetland Mitiqation Project
Detail:
Project Name: Laurel Glen Wetland Mitigation Project
Contract Effective Date: 3/20/2012 Termination Date: 6/30/2015
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Andrea Jedel Department: ECD
Abstract:
5 Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
KENT
W/.S...GTON
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 PO 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:
Laurel Glen Wetland Buffer Enhancement project will be done by Sound Native
Plants they will be preparing the site, planting, putting up signs and fencing as well
as maintenance and monitoring twice a year in the spring and fall for a period of 3
years in accordance with their Scope of Work referred and 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,
2015.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
$18,134.33, including any applicable Washington State Sales Tax, for the work and,services
contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will
pay for the portion of the work described in the invoice that has been completed by the
Contractor and approved by the City. The City's payment shall not constitute a waiver of the
City's right to final inspection and acceptance of the project.
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the
Contractor, shall provide the City a payment and performance bond for the
full contract amount.
PUBLIC WORKS AGREEMENT - 1
(Over$1OK, under$50K, and Performance Bond)
B. Retainaae. The City shall hold back a retainage in the amount of five percent
(5%) of any and all payments made to contractor 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. The amount retained shall be placed in a fund by the City pursuant to
RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within
fourteen (14) calendar days of Contractor's signature on the Agreement.
C. 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.
D. 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
(Over$1OK, under$50K, and 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
(Over$I OK, under$50K, and 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
(Over$IOK, under$50K, and 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
(Over$1OK, under$50K, and Performance Bond)
connection with the Contractor'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 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 shalt 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
(Over$10K, under$50K, and Performance Bond)
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed on 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 snail 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 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
(Over$1OK, under$50K, and Performance Bond)
I. 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:
B L"
Y BY:
nature) (signature)
Prin Name: -Ew (s kX43,n AY Pri N e Suzette Cooke
Its it It Ma or
(title)
DATE: (12- DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ben Alexander Andrea )edel, Wetland Biologist
Sound Native Plants City of Kent
PO Box 7505 220 Fourth Avenue South
Olympia, WA 98507 Kent, WA 98032
(360) 352-4122 (telephone) (253) 856-5556 (telephone)
(360) 867-0007 (facsimile) (253) 856-6454 (facsimile)
APPR VED AS Tin FORM:
t�Wl—
Kent Law Department
[,n this held,you may an er the eleamric Hlepath where the mntract has been saved,
PUBLIC WORKS AGREEMENT - 8
(Over$1OK, under$50K, and 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 Cit '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 ti day of Ave ( , 20!2.
By:
For. 54U ka NAV'e Plmn-(s� Ins,
Title: i)r'C5iJ&-.t
Date:
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
City of Kent Engineering SOUND
400 W. Gowe, Kent, WA 98032 NATIVE
Revised April 9, 2012 PLANTS
RE- Quote for Laurel Glen Wetland Buffer Enhancement
SCOPE OF WORK
1. Site preparation: Manually cut, grub out and remove invasive weeds from site, including Scotch
broom, Himalayan blackberries and English ivy, mow grass, and dispose of debris at composting facility
2. Planting. Furnish and install plants specified in the approved plan, with the following substitutions.
P P
substitute 13 snowberr for 13 trees in the BPA easement, due to height restrictions; substitute Oregon ash
Y g g
for red alder due to lack of availability, substitute Nootka rose for red flowering currant due to lack of
availability Place 2"wood clop mulch around each installed plant. Stake trees per plan details as needed.
3. Fence&signs- Furnish and install cedar wetland buffer fence and two wetland buffer signs as
specified in the enhancement plan,where the buffer fronts along the 130 PI SE street, south of Lot 17 and
north of Lot 15. This item does not include fencing along the lot boundaries.
4. Maintenance: Provide 1"water irrigation per week or as needed to plants,for two grooving seasons
following installation(water would be provided by hand watering from a water tank,rather than a
temporary irrigation system) Remove invasive weeds by manual methods, and dispose of debris at a
composting facility,in order to keep total invasive species cover within performance standards.
5. Monitoring: Inspect the site twice per year for 3 years,in spring and fall, and perform monitoring
tasks as specified in the enhancement plan Provide monitoring reports with accompanying photographs
once per year in the fall Include contingency measures as needed.
Mobilization $1,628 00
Site preparation $861.00
Planting $2,461.00
Fence&signs $1,925 00
Maintenance $6,160.00
Sales tax S1.238 33
Subtotal $14,273.33
Monitoring $3,861.00
Total $18,134 33
Billing will be by monthly invoice for work completed.
r
Ben Alexander/ v-
PO Box 7505, Olympia,WA 98507 (360) 352-4122/fax: (360) 867-0007 Contr#SOUNDNP017BL
www.soundnativel2lants.com
i
EXHXBXT 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.
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 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 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
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.
i
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f
1
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OP ID:TH
CERTIFICATE OF LIABILITY INSURANCE DA703/16112m
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 i
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 360-352-8444 NAMEAOT
Nicholson&Associates 360-943-9712 PAr�c"i Ext: PAX.Na
1802 Black Lake Blvd.SW E-MAIL
ADDRESS
Olympia,WA 98512 GUS OMER IDIA SOUNDOI
Pastore&Associates
INSURER(SI AFFORDING COVERAGE NAICN
INSURED Sound Native Plants,Inc. INSURER A-American States Insurance Co. 19704 f
PO BOX 7505 INSURERB.
Olympia,WA 98507 INSURERC-
INSURER D
INSURER
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 NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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
I EXP
L78R TYPE OFINSURANCE ADD Rnj
POUCYNUM13ER MMIO0Y� POLICY
LIMITS
GENERAL LIABILITY EACH OCCURRENCE S 1,000,00
I A X COMMERCIAL GENERAL LIABILITY X 01CH5103244 06122/11 06/22112 RE aaccmence S 200,00
CLAIMS-MADE OOCCUR MEO EXP(Any ona arson) 4i 10r00
PERSONAL&ADV INJURY $ 1,000,00
1
' GENERAL AGGREGATE & 2,000,00
GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOP AGG S 2,000,00 i
X POLICY PR0. LOC S
AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT a(Ea amerd) 1,000,(f0
A X ANY AU 01CH5103244 06122MI 06/22/12 BODILYINJURY U (Por persan) S
ALLOWNEDAUTOS BODILY INJURY(Par accideril) $
SCHEDULED ALrrDS PROPERTY DAMAGE S
I X HIRED AIfT05
(PeracckfenQ
X NON-OWNEDAUTOS $
UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 2,000,00
A
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2/000/00 1
01SUd059793 0s/22111 D6l22/12 I
DEDUCTIBLE $
X RETENTION S 10,000 S
WORKERS COMPENSATION WC STATT- X OTH-
AND EMPLOYERS'LIABILITY 06122117 06/22/12 E.L.EACH ACCIDENT S 2,000,00
A AFRCERlMEMBEREXCLNDED7 ECUTIVE YIN
N NIA 01 CH510324d
(MandaRIMEMtory In ER WASHINGTON STOP GAP EL DISEASE-EA EMPLOYEE S 1,000,00 i
IIyee,RIPTOdesrnb
DESCeN O unde
F OrPERATIONS below EL DISEASE-POLICY LIMIT S 1,000,00
DESCRIPTION OF OPFM71ONS I LOCATIONS/VEHICLES(Attach ACORD 101,AddlUvnal Remade Schedule,If mare space is required) !
City of Kent is named as an additional Insured per the attached
enaorsement(s)
CERTIFICATE HOLDER CANCELLATION
CKENT-1 t
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
400 West Gowe AUTHORIZED REPRESENTATIVE
Kent,WA 98032
01988-2009 ACORD CORPORATION All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
1
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 Rent
M
(If no entry appears above, information required complete this endorsement will be shown In the Declarations
q to
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 princl-
organization shown in the Schedule subject to the ples of comparative fault.
following provisions:
The insurance provided yvili not exceed the lesser of:
1. 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-
2. 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 by or for, the additional utory, and our obligations are not affected by
insured or any other insurance where the additional in-
b. "Bodily injury" or "property damage" In- sured Is the Named Insured, whether pri-
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 practf-
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 would be imposed by law on ment
CG 76 80 10 02 E'
' nerrvrviaarnvm„¢ruenle LbNMaI
COMMERCIAL GENERAL LIABILITY i !
CG 25 03 11185
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 i
i
The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your j
projects away from premises owned by or rented to you
Copyright, Insurance Services Office, Inc., 1984
CG 25 03 11 85 EP
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Page 1 of 3
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
3/8/2012 503212 3/13/2012
i - -
company Details
SOUND NATIVE PLANTS INC UBW 601922104
iPO BOX 7505 Reg#*.SOUNDNP01 7BL
OLYMPIA,WA 98507 E-mail- ben@soundnativepiants.com
i360-352-4122
Industrial Insurance Account Id: 857,936-01
Filed By Alexander, Ben
I Prime Contractor I,
ICompany Name SOUND NATIVE PLANTS INC i
Contractor Registration No. SOUNDNPOI 7BL E
WA UBI Number 601922104
Phone Number 360-352-4122 ;
i Project Information
,i
iAwarding Agency KENT,CITY OF
'I 220-4TH AVE S KENT,WA- 98032-5895 i
I Awarding Agency Contact AndreaJedel '
Awarding Agency Contact Phone Number 253-856-5556
!Contract Number NA
Project Name Laurel Glen Plat Buffer Enhancement Plan
,I
Bid due date 2/29/2012
I ,
https:#secure.lni.wa.gov/pwia[Viewlntent,aspx 3/14/2012
Page 2 of 3
Award Date 2/29/2012
Project Site Address or Directions corner of SE 210th St& 130th PI"SE, Kent,
WA
Intent Details
Does your company intend to hire subcontractors to No
perform all work?
Does your company intend to hire any No
subcontractors?
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 $17,729.15
time and materials estimate?
Expected project start date: (MM-DD-YYYY) 3/1 512 01 2
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
County Trade Occupation Wage Fringe #
Workers ,
King Landscape Construction Landscaping or Planting $17.87 2
Laborers
I King Fence Erectors - Fence Erector
��- —^ $15.18 ��- 2 µ�F
135how/Hide Existing Notes
--On 3/8/2012 --
https:#secure.lni.wa.gov/pwia/ViewIntenLaspx 3/14/2012
Page 3 of 3
i
This project consists of manually removing invasive weeds from a buffer area around a small
I housing development, manually planting native shrubs and trees in the buffer,placing woody
mulch around each plant(total qty 8 yards), installing two short sections of wooden, 2-rail fence,
and manually weeding and hand-watering the plants each summer for two years after planting.
All work will be done using hand tools or small gas-powered tools (string trimmers for weed
j control and power augers for fence post holes).There is no erosion control included.
https-Hsecure.Ini.wa.gov/pwia[ViewInteat.aspx 3/14/2612
i
Page 2 of 3
Award Date 2/29/2012
Project Site Address or Directions corner of SE 210th St& 130th PI SE, Kent,
WA
Intent Details
i
Does your company intend to hire subcontractors to No
perform all work?
Does your company intend to hire any No
subcontractors'2
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 $17,729.15
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? (Cent
Journey Level Wages
#
County Trade occupation Wage Fringe Workers ,
King Landscape Construction Landscaping or Planting $17.87 2
Laborers
King ^ Fence Erectors --�-_ Fence Erector $15.18 2_
d Show/Hide Existing Notes ,
--On 3/13/2012—
https://secure.lni.wa.gov/pwia/ViewlntenLaspx 3/14/2012
Page 3 of 3
This project consists of manually removing invasive weeds from a buffer area around a small
housing development, manually planting native shrubs and trees in the buffer, placing woody
{ mulch around each plant(total city 8 yards), installing two short sections of wooden, 2—rail fence,
and manually weeding and hand—watering the plants each summer for two years after planting.
All work will be done using hand tools or small gas—powered tools (string trimmers for weed '
control and power augers for fence post holes).There is no erosion control included.
https/lsecure.lni.wa.gov/pwialViewlntent.aspx 3/14/2012
`� KENT
MAIL TO:
CITY OF KENT
Attn: Development Engineering
CRITICAL AREAS SURETY BOND 220 - 4th Avenue South
INCLUDING SPECIFIC PERFORMANCE & Kent, WA 98032-5895
MAINTENANCE PROVISIONS
Project: Laurel Glen
Kent Account#: V0017
Location:
Tax Account#:
Bond Account #: 9812804
I. SPECIFIC PERFORMANCE
We, SOUND NATIVE PLANTS, INC. , a [type of entity:] CORPORATION
("Principal"), and LEXON INSURANCE COMPANY , a surety insurer registered In
the State of Washington ("Surety"), hereby obligate ourselves, our successors and
assigns, jointly and severally, to the City of Kent ("City"), the sum of
$17,729.15 (SEVENTEEN THOUSAND, SEVEN HUNDRED TWENTY-NINE DOLLARS
AND 15/1001
which equals at least 100 percent of the approved estimate of the cost to
complete the construction project that the Principal wishes to undertake, as
referenced above and as more completely described in approved plans on file with
the City, including the critical areas mitigation plan. The Principal and Surety agree
to obligate themselves to the City in the listed amount because undertaking this
critical areas mitigation work ("Improvements") may cause damage and disruption
to land and/or public right-of-way within the City.
II. GENERAL TERMS & CONDITIONS
A. All construction and restoration shall be in accordance with all applicable
local, state, and federal laws, permits, and regulations. The Improvements
and their appurtenances shall be constructed and maintained in accordance
with the approved plans.
B. Principal shall conduct a three-year monitoring program, which three-year
maintenance and monitoring period shall begin to run only upon written
approval by the City of the completed Improvements required by the
approved mitigation plan.
III. TERM OF BOND — GENERALLY
This bond shall remain in force until released in writing by the City.
IV. WHEN ADDITIONAL BOND FUNDS REQUIRED
CRITICAL AREAS SURETY BOND
INCLUDING SPECIFIC PERFORMANCE Page 1 of 4
AND MAINTENANCE PROVISIONS
i
The City may require the Principal to post additional bond funds if the City
demonstrates that a change in conditions or circumstances makes additional
security necessary to guarantee performance by the Principal.
V. WORKMANSHIP & MAINTENANCE GUARANTEE
A. Principal agrees that 1000/a of the sum indicated in Section I shall be
retained as a guarantee against potential costs to the City related to
defective materials or workmanship and to ensure performance of
maintenance and monitoring required by the Improvements for a period of
three (3) years from the date of written approval of the completion of
the improvements by the City.
B. Principal agrees to promptly correct any deficiencies in construction and/or
make any emergency repairs requested by the City during the three (3) year
period.
C. Principal agrees to promptly reimburse the City for any emergency repairs
performed by the City or its agents.
D. Principal agrees to properly maintain the Improvements pending written
approval of the completion of the Improvements by the City.
E. Principal agrees to conduct monitoring programs for a period of three (3)
years from the date of written approval of the completion of the
Improvements by the City. Principal agrees to submit monitoring reports to
the City at intervals identified in the approved mitigation plan.
VI. NON-PERFORMANCE
If the Principal defaults and does not perform any conditions required under this bond
within the time specified, or any time extension that may be granted by the City in
writing, then the Surety shall, within thirty (30) days of demand of the City, make a
written commitment to the City that, at the City's sole discretion, the Surety will
either:
A. Remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
B. Tender to the City within an additional five (5) business days the amount
reasonably necessary, as determined by the City, for the City to remedy the
default, up to the total bond amount. Should the City elect this option, then
upon completion of the Improvements and acceptance of the Improvements
by the City, the City shall, after acceptance of any warranty, maintenance,
monitoring, or other permit requirements, return any excess to the Surety.
VII. CITY SHALL DETERMINE SATISFACTORY PERFORMANCE
CRITICAL AREAS SURETY BOND
INCLUDING SPECIFIC PERFORMANCE Page 2 of 4
AND MAINTENANCE PROVISIONS
The City shall determine whether Principal has satisfactorily performed as required.
Upon City's determination that Principal has failed to satisfactorily perform,
Principal shall be in default and the Surety's obligations under this bond shall
Immediately accrue; provided, however, that nothing in this section shall prohibit
Surety from subsequently bringing an action to seek repayment from the City for
wrongly determining Principal's unsatisfactory,performance.
VIII. 3URISDICTION AND VENUE
If the parties are unable to settle any dispute, difference, or claim arising from the
parties' performance under this bond, 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.
IX. ATTORNEY FEES
In any claim or lawsuit arising from the parties' performance under this bond, each
party shall pay its own legal costs and attorney fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided
by law.
This bond will take effect on the date last entered below. 0-.
�ORPORgTF
PRINCIPAL: SOUND NATIVE SURETY: LEXON INSURANCE SEAL ==
PLANTS, INC COMPANY t
G /0 � 12 040 12
Signature Date Signatu a Date
Print Name:EK^ Aii-4mcit r Print Name: TANDY HEPNER
Title•�a-,, d dn� Title: ATTORNEY-IN-FACT
Address: PO BOX 7505 Address: 130 NICKERSON ST STE311
City: OLYMPIA State: WA Zip:98507 Cites SEATTLE, State:WA Zip: 98109
Telephone: 360-352-4122 Telephone: 206-281-8411
Note: To be considered complete, both. the Principal and Surety (bank or
lender) must sign this bond and the Surety must notarize its signature and
attach a copy of its power of attorney.
Accepted:
City of Kent
Date:
CRITICAL AREAS SURETY BOND
INCLUDING SPECIFIC PERFORMANCE Page 3 of 4
AND MAINTENANCE PROVISIONS
SURETY ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss.
COUNTY OFTHURSTON )
On this 9TH day of APRIL , 2012, I hereby certify that I know or have satisfactory
evidence that TANDY HEPNER is the person who appeared before me, and said
person acknowledged that she signed this instrument, on oath stated that she is
authorized to execute the instrument on behalf of [name of entity:] LEXON
INSURANCE COMPANY as its [title:] ATTORNEY-IN-FACT, and such execution to be
the free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written
910
NOTARY PUBLIC, in and for a State of
NOTAt�► Washington, residing at "
�►� My appointment expires
�► . PUBL�► c
CRITICAL AREAS SURETY BOND
INCLUDING SPECIFIC PERFORMANCE Page 4 of 4
AND MAINTENANCE PROVISIONS
POWER OF ATTORNEY 9812804
LEXON INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY,a Texas Corporation with its
principal office in Louisville,Kentucky,does hereby constitute and appoint. TANDY HEPNER ,
its true and lawful Attomey(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,and as its act and deed a
MAINTENANCE BOND under bond or undertaking number 9812804
issued on behalf of SOUND NATIVE PLANTS INC as principal in the
penal sum of S 17,729 15
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of
LEXON INSURANCE COMPANY on this I" day of July,2003 as follows.
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the
Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds,undertakings,policies,
contracts of indemnity or other writings obligatory in nature of a bond not to exceed$ 17,729.15 ,which the
Company might execute through its duly elected officers,and affix the seal of the Company hereto. Any said execution of such
documents by an Attomey-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by
the regularly elected officers of the Company Any Attomey-in-Fact,so appointed,maybe removed for good cause and the
authority so granted may be revoked as specified in the Power of Attorney.
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted,and the signature of the Vice-President,and the seal of the Company may be affixed by facsimile to any
certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and
binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any
bond or undertaking to which it is attached,continue to be valid and binding on the Company.
IN WITNESS THEREOF,LEXON INSURANCE COMPANY has caused this instrument to be signed by its
President,and its Corporate Seal to be affixed this 2nd day of July,2003.
LEXON INSURANCE COMPANY
a�„pUnlllgii lii
�RANOF,
8c2 rpuourfc�
=Z 9i BY
1 SEAL F David E Campbell
1�ihryprIM,N,d,� President
ACKNOWLEDGEMENT
On this 2"d day of July,2003,before me,personally came David E Campbell to me known,who being duly sworn,did
depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed
the above instrument,that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of
said corporation.
� CERTIFICATE Notary Public
1,the undersigned,Secretary of LEXON INSURANCE COMPANY,A Texas Company,DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Louisville,Kentucky this 9th Day of APRIL 2012
Donald D.Buchanan
Secretary
"WARNING-Any person who knowingly and with intent to defraud any insurance company or other person,files an application
for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,
information concerning any fact material thereto,commits a fraudulent insurance act,which is a crime and subjects such person to
criminal and civil penalties."
400"' REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
KENT
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Ori Inator: Andrea Jedel Phone (Originator . 5556
Date Sent. 4 11/12 Date Required. ASAP
Return Signed Document to: Andrea Jedel CONTRACT TERMINATION DATE: 6/30/17
VENDOR NAME: Sound Native Plant— DATE OF COUNCIL APPROVAL: N/A
Reith Road Project
Brief Explanation of Document,
Sound Native Plant will be replanting the area off Reith Road that was affected by the unlawful
cutting of trees by adjacent homeowners. This contract covers the replanting, maintenance
and monitoring through June 30, 2017.
All Contracts Must Be Routed Through The Law Department
(This area tQmpleted by the Law Department)
Received: ECE- he G
\\�
Approval of Law Dept . A7� 1 Z�1Z V
Law Dept. Comments: �MNT LAW DEPT
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received: D E C E 0 W ,E
Recommendations and Comments. APR 12 2W
Disposition:*/Z�f�Z—� ' o/ d-41 CCITY DCLERKT
Date Returned: