HomeMy WebLinkAboutCAG2022-385 - Change Order - #1 - Bainbridge Island Electric - Frager Sewer Station Electrical Modifications - 11/09/2022Dani Hodgins for Joe Araucto Public Works
11/09/2022 11/14/2022
N/A
S20112 N/A
Saratoga Craftsman, Inc. DBA Bainbridge Island Electric Contract
Change Order
Frager Sewer Pump Station Electrical Modification
Due to supply chain issues, critical components are scheduled to ship after the
original contract expiration date, therefore an extension of time is necessary.
Direct Negotiation
1/13/2023
$37,088.29
CAG2022-385
CHANGE ORDER - 1 OF 3
CHANGE ORDER NO. 1
NAME OF CONTRACTOR: Saratoga Craftsman, Inc. DBA Bainbridge Island Electric
(“Contractor”)
CONTRACT NAME & PROJECT NUMBER: Frager Sewer Pump Station Electrical Modifications
ORIGINAL CONTRACT DATE: September 26, 2022
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:
Extension of time is necessary due to supply chain issues, critical
components are scheduled to ship after the original expiration 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,
(including applicable alternates and
WSST)
$37,088.29
Net Change by Previous Change Orders
(incl. applicable WSST)
$0
Current Contract Amount
(incl. Previous Change Orders)
$37,088.29
Current Change Order $0
Applicable WSST Tax on this Change
Order
$0
Revised Contract Sum $37,088.29
Original Time for Completion
(insert date)
Revised Time for Completion under
prior Change Orders
(insert date)
Days Required (f) for this Change Order
12/09/2022
n/a
35 calendar days
Revised Time for Completion 101/13/2023
(insert date) 1
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:
(signature)
Print Na c-tk-
Its
(tit e)
DATE: l t-G `
CITY OF KENT:
David A.
By:
(signature)
Print Name: David A. Brock P.F.
Its_ Deputy Director Operations
(title)
DATE:
Digitallysign,d by David A Brock
BrockDRcn Mv1dA Brock, a=Uly Rent,
vu�puhLc W-As Dpemilvn7,
emalE-,dbrxkn kemwa.gay. c=t15
Date: 2022 11.0910.40:37-08'00'
CHANGE ORDER - 2 OF 3
CHANGE ORDER - 3 OF 3
ATTEST:
___________________________
Kent City Clerk
APPROVED AS TO FORM:
(applicable if Mayor’s signature required)
Kent Law Department
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CERTIFICATE
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THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
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220 Fourth Ave South
µUTHDRI2eb REPRESENTAnVE:
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''J 196E-2015 AG4RD GORPOKATIUN. All rights reserved.
ACGRD 25 12i)16i`03� The ACORD name and logo ere reg3afered marks of ACORD
COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
INDEX
SUBJECT PAGE
NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY – ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage)2
MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 3
ADDITIONAL INSUREDS – BY CONTRACT, AGREEMENT OR PERMIT 3
PRIMARY AND NON-CONTRIBUTORY – ADDITIONAL INSURED EXTENSION 5
ADDITIONAL INSUREDS – EXTENDED PROTECTION OF YOUR “LIMITS OF INSURANCE” 6
WHO IS AN INSURED – INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED –
FELLOW EMPLOYEE EXTENSION – MANAGEMENT EMPLOYEES
6
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US –8
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
CG 88 10 04 13 Page 1 of 8
A. NON-OWNED AIRCRAFT
2. Exclusions Section I – Coverage A - Bodily Injury And Property Damage Liability,
g. Aircraft, Auto Or Watercraft
1.
2.
3.
4.
B. NON-OWNED WATERCRAFT
2. Exclusions Section I – Coverage A – Bodily Injury And Property Damage Liability,
(2)g. Aircraft, Auto Or Watercraft
(2)
(a)
(b)
C. PROPERTY DAMAGE LIABILITY – ELEVATORS
1.2. Exclusions Section I – Coverage A – Bodily Injury And Property Damage
Liability,(3), (4)(6)j. Damage To Property
2.Section IV – Commercial General Liability Conditions, 4. Other
Insurance, b. Excess Insurance:
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage)
1.2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage
Liability:
a.j. Damage To Property
(1),(3) (4)
(i)
(ii)
(1),(3) (4)
Section III – Limits of
Insurance
CG 88 10 04 13 Page 2 of 8
b.2. Exclusions
c.n.
Section III – Limits Of Insurance.
2.6.Section III – Limits Of Insurance
6.5.
A
a.
(1)
(2)
b.
3.D. EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant's Property Damage) - 9.a.Definitions
9.a.
E. MEDICAL PAYMENTS EXTENSION
Coverage C Medical Payments
1.Insuring Agreement Section I – Coverage C – Medical Payments,
(b)a.
(b)
F. EXTENSION OF SUPPLEMENTARY PAYMENTS – COVERAGES A AND B
1.Supplementary Payments – Coverages A B,1.b.
b.$3,000
2.1.d
d.
$500
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
1.2.Section II – Who Is An Insured
a.
CG 88 10 04 13 Page 3 of 8
b.
c.
d.
(1)
(2)
(3)
a)
(b)
(c)
1.
2.
1.a.
(1)
(2)
1.b.
1.c.
b.2. Duties In the Event Of Occurrence,
Offense, Claim Or Suit Section IV – Commercial General Liability Conditions.
CG 88 10 04 13 Page 4 of 8
2. 2.
Exclusions Section I - Coverage A - Bodily Injury And Property Damage Liability:
a.
b.
c.
(1)
(2)
d.
(1)
(2)
e.
ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS
3.Section III –
Limits Of Insurance:
a.
b.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION
4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS
a. a. Primary Insurance:
CG 88 10 04 13 Page 5 of 8
b. b. Excess Insurance:
I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR “LIMITS OF INSURANCE”
1.2. Duties In The Event Of Occurrence, Offense, Claim or Suit:
a.
b.
c.
d.
2.
Section III – Limits of Insurance
.
J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES
2.a.(1)Section II - Who Is An Insured
(1)
(a)
(b)
(1) (a)
(c)
(1) (a)(b)
(d)
(d)
CG 88 10 04 13 Page 6 of 8
(a)(b)
J.
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
3.Section II Who Is An Insured
3.
a.
b.A
c.B
d.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Section IV – Commercial General Liability Conditions,6.
Representations:
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Section IV – Commercial General Liability Conditions,2. Duties In
The Event of Occurrence, Offense, Claim Or Suit:
1.
Section II – Who Is An Insured
N. LIBERALIZATION CLAUSE
O. BODILY INJURY REDEFINED
Section V – Definitions,3.
3.
CG 88 10 04 13 Page 7 of 8
P. EXTENDED PROPERTY DAMAGE
Exclusion a. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
a. Expected Or Intended Injury
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US – WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Section IV – Commercial General Liability Conditions,8.Transfer
Of Rights Of Recovery Against Others To Us:
1.
2.
CG 88 10 04 13 Page 8 of 8
COMMERCIAL GENERAL LIABILITY
CG 88 70 12 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONSTRUCTION PROJECT(S) -GENERAL AGGREGATE LIMIT
(PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences"
under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex-
penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed
only to ongoing operations at a single construction project away from premises owned by or rented to
you:
1. A separate Construction Project General Aggregate Limit applies to each construction project, and
that limit is equal to the amount of the General Aggregate Limit shown in the Declarations .
2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all
damages under Coverage A, except damages because of "bodily injury" or "property damage"
included in the "products -completed operations hazard", and for medical expenses under Cov-
erage C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
3. Any payments made under Coverage A for damages or under Coverage C for medical expenses
shall reduce the Construction Project General Aggregate Limit for that construction project. Such
payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they
reduce any other Construction Project General Aggregate Limit for any other construction project.
4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense
continue to apply. However, instead of being subject to the General Aggregate Limit shown in the
Declarations, such limits will be subject to the applicable Construction Project General Aggregate
Limit.
B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences"
under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex-
penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attrib-
uted only to ongoing operations at a single construction project away from premises owned by or
rented to you:
1. Any payments made under Coverage A for damages or under Coverage C for medical expenses
shall reduce the amount available under the General Aggregate Limit or the Products -Completed
Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Construction Project General Aggregate Limit.
C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any
payments for damages because of "bodily injury" or "property damage" included in the "products -
completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not
reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit.
D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted,
or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or
timetables, the project will still be deemed to be the same construction project.
E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall
continue to apply.
CG 88 70 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 88 60 12 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EACH LOCATION GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences"
under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex-
penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed
only to operations at a single 'location" owned by or rented to you:
1. A separate Each Location General Aggregate Limit applies to each 'location", and that limit is equal
to the amount of the General Aggregate Limit shown in the Declarations.
2. The Each Location General Aggregate Limit is the most we will pay for the sum of all damages
under Coverage A, except damages because of "bodily injury" or "property damage" included in
the "products -completed operations hazard", and for medical expenses under Coverage C regard-
less of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
3. Any payments made under Coverage A for damages or under Coverage C for medical expenses
shall reduce the Each Location General Aggregate Limit for that 'location". Such payments shall
not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other
Each Location General Aggregate Limit for any other 'location".
4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense
continue to apply. However, instead of being subject to the General Aggregate Limit shown in the
Declarations, such limits will be subject to the applicable Each Location General Aggregate Limit.
B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences"
under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex-
penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attrib-
uted only to operations at a single "location" owned by or rented to you:
1. Any payments made under Coverage A for damages or under Coverage C for medical expenses
shall reduce the amount available under the General Aggregate Limit or the Products -Completed
Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Each Location General Aggregate Limit.
C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any
payments for damages because of "bodily injury" or "property damage" included in the "products -
completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not
reduce the General Aggregate Limit nor the Each Location General Aggregate Limit.
D. For the purposes of this endorsement, the following definition is added to Sectio n V - Definitions:
"Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-way of a railroad.
E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall
continue to apply as stipulated.
CG 88 60 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1
AC 85 01 06 18 Page 1 of 9
COMMERCIAL AUTO
AC 85 01 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT
ENDORSEMENT
COVERAGE INDEX
SUBJECT PROVISION NUMBER
SECTION I – COVERED AUTOS
1. TRAILERS – INCREASED LOAD CAPACITY
C.1. Certain Trailers, Mobile Equipment And Temporary Substitute
Autos SECTION I – COVERED AUTOS
Page 2 of 9 AC 85 01 06 18
SECTION II – LIABILITY COVERAGE
2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II – LIABILITY COVERAGE, A.1. Who Is An Insured
d.
(1)
(2)
(3)
d.
3. EMPLOYEES AS INSUREDS
SECTION II – LIABILITY COVERAGE A.1. Who Is An Insured
e.
f.
4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II – LIABILITY COVERAGE A.1. Who Is An Insured
g.
(1)
(2)
(3)
AC 85 01 06 18 Page 3 of 9
5. SUPPLEMENTARY PAYMENTS
SECTION II – LIABILITY COVERAGE Coverage Extensions 2.a. Supplementary Payments
(2)(4)
(2)
(4)
6. AMENDED FELLOW EMPLOYEE EXCLUSION
SECTION II – LIABILITY B.5. Fellow Employee
SECTION III – PHYSICAL DAMAGE COVERAGE
7. HIRED AUTO PHYSICAL DAMAGE
A.4. Coverage Extensions SECTION III – PHYSICAL DAMAGE COVERAGE
a.
b.
a.
(1)
(2)
(3)
b.
c.
Page 4 of 9 AC 85 01 06 18
d.
e.
(1)
(2)
8. TOWING AND LABOR
SECTION III – PHYSICAL DAMAGE COVERAGE A.2. Towing
a.
b.
c.
9. PHYSICAL DAMAGE – ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
A.4.a. Coverage Extensions, Transportation Expenses SECTION III – PHYSICAL DAMAGE
COVERAGE
10. RENTAL REIMBURSEMENT
SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage
a.
b.
c.
d.
e.
4. Coverage Extension
AC 85 01 06 18 Page 5 of 9
f.
g.
12.B.
11. EXTRA EXPENSE – BROADENED COVERAGE
SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage
12. PERSONAL EFFECTS COVERAGE
A. SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage
B. SECTION V – DEFINITIONS
13. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III – PHYSICAL DAMAGE COVERAGE B. Exclusions
14. PHYSICAL DAMAGE DEDUCTIBLE – VEHICLE TRACKING SYSTEM
SECTION III – PHYSICAL DAMAGE COVERAGE, D. Deductible,
15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION III – PHYSICAL DAMAGE COVERAGE B. Exclusions a.
4.c.4.d.
4.c.4.d.
a.
Page 6 of 9 AC 85 01 06 18
(1)
(2)
(3)
16. LOAN / LEASE GAP COVERAGE (Not Applicable In New York)
A.C. Limit Of Insurance SECTION III – PHYSICAL DAMAGE COVERAGE
1.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
2.
B. Additional Conditions
AC 85 01 06 18 Page 7 of 9
C. SECTION V – DEFINITIONS
17. GLASS REPAIR – WAIVER OF DEDUCTIBLE
D. Deductible SECTION III – PHYSICAL DAMAGE COVERAGE
18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
D. Deductible SECTION III – PHYSICAL DAMAGE COVERAGE
a.
b.
c.
19. TWO OR MORE DEDUCTIBLES
SECTION III – PHYSICAL DAMAGE COVERAGE
D. Deductible
a.
b.
c.
Page 8 of 9 AC 85 01 06 18
SECTION IV – BUSINESS AUTO CONDITIONS
20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV– BUSINESS AUTO CONDITIONS B.2.
21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
SECTION IV – BUSINESS AUTO CONDITIONS A.2.a.
a.
(1)
(2)
(3)
(4)
(a)
(b)
(c)
22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION IV – BUSINESS AUTO CONDITIONS A.5. Transfer Of Rights Of Recovery Against
Others To Us
23. HIRED AUTO COVERAGE TERRITORY
SECTION IV – BUSINESS AUTO CONDITIONS B.7. Policy Period, Coverage Territory
f.
AC 85 01 06 18 Page 9 of 9
24. PRIMARY AND NON–CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN
AGREEMENT
SECTION IV – BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other
Insurance
1.
2.
SECTION V – DEFINITIONS
25. BODILY INJURY REDEFINED
SECTION V – DEFINITIONS C.