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HomeMy WebLinkAboutEC12-073 - Original - Sound Native Plant - Laurel Glen Wetland Mitigation Project - 04/12/2012 °I IBM Records Man ageme-n-L2,. p, KENT Document �.as �10 CONTRACT COVER SHEET This is to be completed b the Contract Manager prior to submission to City Clerks Office. All p Y 9 P Y 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 I f 1 I ' i 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 I i I 1 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: