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HomeMy WebLinkAboutCAG2020-006 - Change Order - #2 - Nature's Way Tree Service, LLC - Tree Removal at Multiple Locations - 02/14/2020 Agreement Routing Form • For Approvals,Signatures and Records Management KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Nancy Yoshitake for Joe Codiga Public Works Date Sent: Date Required: > 2/18/20 2/21/20 0 �- Authorized to Sign: Date of Council Approval: a' 0 Director or Designee ❑ Mayor N/A Q Budget Account Number: Grant? ❑Yes I] No 67005530.64119.7460 Budget? I]Yes ❑ No Type: Vendor Name: Category: Nature's Way Tree Service, LLC Contract Vendor Number: Sub-Category: = 218589 Change Order 0 Project Name: Tree Removal E 0 Project Details:Correct sales tax for Contractor's bid at 27310 145th Ct. SE. 4a c a� E Agreement Amount: $40.50 Basis for Selection of Contractor: Bid Start Date: 2/14/20 Termination Date: 3/6/20 Local Business? ❑Yes El No* *If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes ED No r A 6.n 2,0f � Date Received by City Attorney: Comments: 7 9A fC p� Date Routed to the Mayor's Office: v1 Date Routed to the City Clerk's Office: r.CCW 37s__20 Visit Documents.KentWA.gov to obtain copies of all agreements • KEN T W A S H I N G T O N CHANGE ORDER NO. 2 NAME OF CONTRACTOR: Nature's Way Tree Service, LLC ("Contractor") CONTRACT NAME & PROJECT NUMBER: Tree Removal ORIGINAL CONTRACT DATE: January 6, 2020 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: Correct the error in sales tax reflected on the Contractor's estimate for site 27310 145th Court SE in Exhibit A to the Agreement. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, 'Compensation," are hereby modified as follows: Original Contract Sum, $1,334.50 (including applicable alternates and WSST) Net Change by Previous Change Orders $2,420.00 (incl. applicable WSST) Current Contract Amount $3,754.50 (incl. Previous Change Orders) Current Change Order $40.50 Applicable WSST Tax on this Change $0 Order Revised Contract Sum $3,795.00 CHANGE ORDER - 1 OF 3 ------------ Original Time for Completion 2/5/20 (insert date) Revised Time for Completion under 3/6/20 prior Change Orders (insert date) Days Required (±) for this Change o calendar days Order Revised Time for Completion 3/6/20 (insert date) Pursuant tothe above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement ofall claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onSite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and vvdr[dDty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (|f any), and this Change Order shall be deemed to have applied, The parties whose names appear be|Ovv swear under penalty Of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount Of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2/ above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: By: By: Uw/,--a (signat re) (Signature) Print Name: Print Name: David A, Brock, P.E. Its Its Deputy Director ODerations Manager (title) (title) CHANGE ORDER ' 2OF3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) i Kent City Cler Kent Law Department Nature's Way Tree Sery-Tree Removal(461"Ave,145`°Ct,1451h Ave,+123`0 Ave)CO 2/Codiga CHANGE ORDER - 3 OF 3 EXHIBIT A Nature's Way Tree Service LLC 253-740-4669 Natureswaytreeservice.com Estimate Customer information pate f�, ,31 Z� q y Service's p <—C w.�. m.\ a �r 1 1 s V VIM tt3315- Sub Total $ Tax Total Payment is due at time of project completion. Payments received after 10 calendar days will be charged a penalty of 2%per day compounding until paid in full. Contractor# NATURWT92JZ Certified Arborist# PN-6448A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY' �,..� C E 04/15/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N MEACT Don Young Young Insurance Agency, LLC PHONE (253)333-2426 1 Fax AIC No), (253)333-2431 415 1st Street NE Suite A ADDRES : don@youn ins.net INSURERS AFFORDING COVERAGE NAIC# _ Auburn WA 98002 INSURER A: Wesco Insurance Company INSURED INSURER B: Nature's Way Tree Service,LLC INSURER C: 1019 184th Avenue Ct E INSURER D: INSURER E: Lake Tapps WA 98391 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL 7W�P ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP XMM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR 'AMPREMISES EaRENTED occurrence) $ 100,000 MED EXP(An one rson) $ 5,000 A XP114355305 04/07/2019 04/07/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO ❑ GENERAL AGGREGATE $ 2,000,000 JECT LOC X OTHER: WA State Stop Gap PRODUCTS-COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO E acci nt- $ BODILY INJURY Per person)OWNED SCHEDULED ( p ) $ AUTOS ONLY AUTOS OWNED HIRED NON BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Pr dnt UMBRELLA LIAR OCCUR EXCESS LIAB CLAIMS-MADE EACH OCCURRENCE $ DIED RETENTION$ AGGREGATE $ WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY PER OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TAT TE ER OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is listed as additional insured on the General Liability policy per CG2010 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE THE EXPIRATION DATE THEREOF, NOTICE POLICIES WILBL CBE CDELIVERED ELLED BEFORE ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 7 AUTHORIZED REPRESENTATIVE 499 West Gowe St Kent WA 98032 44n ` �` !4:z __,. - O 1988-2015 ACORD 25(2016/03) The ACORD name and logo are registeredmarks of ACORDORD CORPORATION. All rights reserved. A�cvizo® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 4/15/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Liberty Mutual Insurance CONTACT PO Box 188065 PHONE Fairfield, OH 45018 A/c No EXt: 800-962-7132 FAX No: 800 845 3666 ADDRESS: BusinessService@LibertyMutual.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: West American Insurance Company 44393 INSURED Nature's Way Tree Services LLC INSURER B 1019 184th Avenue Ct E INSURER C: Lake Tapps WA 98391 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 48148761 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM1DD/WYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY ' EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR AMA E T NT PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: A AUTOMOBILE LIABILITY BAW56527308 3/14/2019 3/14/2020 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY PER OTH- Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A $ (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is listed as Additional Insured per form CA2048. CERTIFICATE HOLDER CANCELLATION Cltyy of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 499 W Gowe THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent, WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Adrienne Zolicoffer ( ACORD The ACORD name and logo are registered marks of ACORD ORD CORPORATION. All rights reserved. ACORD 25 2016/03 48148761 1 56527308 1 19-20 Master Certificate Adrienne Zolicoffer 1 4/15/2019 4:44:17 PM (CDT) i Page 2 of 2 POLICY NUMBER:WPP1143553 05 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Kent 499 West Gowe Street, Kent, WA 98032 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodil in ur or damage" or "personal and advertising injury" property damage" occurring after: y I y caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its insured only applies to the extent permitted by intended use by any person or organization law; and other than another contractor or subcontractor engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Pagel of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 02 99 DESIGNATED INSURED ENDORSEMENT The endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"under the WHO IS AN INSURED provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective Policy Number BAW56527308 Named Insured Nature's Way Tree Services LLC Countersi ned b (Authorized Representative) SCHEDULE Name of Person(s) or Organizations) The City of Kent 499 W Gowe Kent, WA 98032 (If no entry appears above, information required to complete this endorsement will be shown in the Dec- larations as applicable to this endorsement.) Each person or organization shown in the Schedule is an"insured" for LIABILITY COVERAGE, but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision contained in SECTION II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 48148761 1 56527308 1 19-20 Master Certificate I Adrienne ZOlicOffer J 4/15/2019 4.44:17 PM (CDT) I Page 2 of 2