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HomeMy WebLinkAboutCAG2023-036 - Change Order - #1 - A Plus Tree, LLC - SE 208th Alder Tree Removals - 08/21/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. Originator: Department: Dani Hodgins for Ryan Carroll Public Works Date Sent: Date Required: c 08/22/2023 8/25/2023 Q Director or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website ❑✓ N/A Budqet Account Number: Grant? Yes ZNo 67005530.64119.7460 Budget?W]YesEl No Type: N/A Vendor Name: Category: A-Plus Tree Care & Sustainability Contract Vendor Number: Sub-Category: Change Order 0 Project Name: Alder Tree Removal - SE 208th E 0 Project Details: Project finished after contractual completion date Change Order � J p 9 needed for reinstatement of agreement. 4) Agreement Amount: $8,,468. 17 Basis for Selection of Contractor: Bid 4) *Memo to Mayor must be attached a- Start Date: Approved 8/21/23 Termination Date: CO #1: 5/31/2023 Q Local Business'El YesF--]No* If meets requirements per KCC3.70.100,pleosecomplete"VendorPurchose-Local Exceptions"form onCityspace. Business License Verification:Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: IF ]Yes❑No CAG 2023-036 Comments: a1 3 GJ y •� i GJ 3 M C N Date Routed to the City Clerk's Office: ad,V�7i__C Visit Documents.KentWA.govto obtain copies of all agreements rev.20210513 • KENT W A S H I N G T O N CHANGE ORDER NO. 1 NAME OF CONTRACTOR: A Plus Tree, LLC ("Contractor") CONTRACT NAME & PROJECT NUMBER: Tree Removal at SE 208t" Street ORIGINAL CONTRACT DATE: January 23, 2023 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: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: Additional time needs to be added to original Agreement as project was not finished by completion date. 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, $8,468.17 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $8,468.17 (incl. Previous Change Orders) Current Change Order $0 Applicable WSST Tax on this Change $0 Order Revised Contract Sum $8,468.17 CHANGE ORDER - 1 OF 3 Original Time for Completion 2/22/23 (insert date) Revised Time for Completion under n/a prior Change Orders (insert date) Days Required (f) for this Change Order 98 calendar days Revised Time for Completion 5/31/23 (insert date) The parties acknowledge that the Agreement terminated by its own terms on February 22, 2023. However, the City and Contractor express their mutual intent and desire to reinstate the Agreement; extend its term through May 31, 2023; and amend the work to include additional duties to be performed in accordance with the same provisions set forth in the original Agreement, except as modified within this Amendment. In addition, the parties wish to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this Amendment. In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the 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 of all 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 warranty 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 (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below 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: Digitally signed by Chad Bieren Chad Bieren Date:2023.08.21 By:. By: 17:34:35-07'00' (signature) (signature) Print Name: Natasha DuCharme Print Name: Chad Bieren, P.E. Its Chief Administration Officer Its Public Works Director (title) (title) DATE: 8/21/2023 DATE: CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department P:\Admi n\Contracts I Da ni CHANGE ORDER - 3 OF 3 APLUSTR-01 DCHEN ACORO CERTIFICATE OF LIABILITY INSURANCE DATED/YYYY) 3/13/213/2023 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 License#0757776 CONTACT Anna Duran NAME: HUB International Insurance Services Inc. PHONE ,Ext):(805)618-3701 FAX No):(805)832-6581 PO Box 3310 E-MAIL Santa Barbara,CA 93130-3310 ADDRESS:CAL-CC-CertRegs@hubinternational.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Arch Insurance Company 11150 INSURED INSURER B:Certain Underwriters at Lloyds A Plus Tree LLC INSURER C:Endurance American Specialty Insurance Company 41718 985 Walnut Ave INSURER D:Gotham Insurance Company 25569 Vallejo,CA 94592 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD WYY MM DD Y A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR ZAGLB1103000 3/7/2023 1/1/2024 DAMAGE TO RENTED 300,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 7 PE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X ZACAT1204200 3/7/2023 1/1/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE SCX1070323 3/7/2023 1/1/2024 AGGREGATE $ 2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ZAWC19437604 4/1/2023 4/1/2024 1,000,000 ANY OFFICER/MEMBOER PROPRIETEXCLUDED?ECUTIVE N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Excess Liab(GL/AL) ELD30033476600 3/7/2023 1/1/2024 Agg/Occ 2,000,000 D Excess Liab(GL) EX202300003166 3/7/2023 1/1/2024 Agg/Occ 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is included as an Additional Insured under the General Liability and Auto Liability policies,additional insured coverage applies when required by written contract per the attached forms#CG 20 10 04 13,CG 20 37 04 13&00 CA0070 00 10 13. This insurance is considered Primary and Non-Contributory under the General Liability per attached form#CG 20 01 04 13. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave.South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ZAGLB1103000 COMMERCIAL GENERAL LIABILITY CG20100413 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 Persons Or Organization(s) Locations Of Covered Operations ALL PARTIES WHERE REQUIRED BY A WRITTEN CONTRACT 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 "bodilyinjury" or "property damage occurring after: damage" or "personal and advertising injury" pp y caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; 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 injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and 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 0413 © Insurance Services Office, Inc., 2012 Page 1 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 CG 20 10 04 13 POLICY NUMBER: ZAGLB1103000 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Location And Description Of Completed Operations ALL PARTIES WHERE REQUIRED BY A WRITTEN CONTRACT 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 is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is 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 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU HAVE AGREED TO IN A WRITTEN CONTRACT THAT SUCH PERSON OR ORGANIZATION IS AN ADDITIONAL INSURED ON THIS POLICY. THE COVERAGE PROVIDED BY THIS ENDORSEMENT IS PRIMARY TO, AND NON-CONTRIBUTORY WITH ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as an "insured" the person(s) or organization(s) named in the Schedule above, but only with respect to their legal liability for your acts or omissions or acts or omissions of any person for whom Covered Auto Liability Coverage is afforded under this policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number: Policy Number: ZACAT1204200 Named Insured: A Plus Tree, LLC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 00 CA0070 00 10 13 Page 1 of 1 POLICY NUMBER: ZAGLB1103000 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1