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HomeMy WebLinkAboutContract J CAG-08-038 ® rtt Document A101 - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the/o * day of ma/ in the year of (In words, indicate day, month and year) / ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, address and other information) completion.The author may also City of Renton have revised the text of the original 1055 South Grady Way AIA standard form.An Additions and Renton,WA 98057 Deletions Report that notes added Telephone: 425-430-6600 information as well as revisions to Facsimile: 425-430-6603 the standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added and the Contractor: necessary information and where (Name, address and other information) the author has added to or deleted M.J.Ness Construction Co.,Inc. from the original AIA text. P.O.Box 3127 This document has important legal Redmond,WA 98073 consequences.Consultation with an Telephone: 425-497-8025 attorney is encouraged with respect to its completion or modification. AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this The Project is: document by reference.Do not use (Name and location) with other general conditions unless this document is modified. Substation at Parking Garage 655 South Second Street This document has been approved Renton,WA 9805 �� and endorsed by The Associated General Contractors of America. The Architect is: (Name, address and other information) Heery Interational,Inc. 1011 Western Avenue,Suite#706 Seattle,WA 98104 Telephone: 206-587-0473 The Owner and Contractor agree as follows. AIA Document A101 TM—1997.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American (nit. Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:25 on 04/25/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (3593826967) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) $200 per day ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be ($219,680.70 ),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101TM—1997.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American 1nit Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:25 on 04/25/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (3593826967) §4.3 Unit prices,if any,are as follows: Description Units Price($0.00) ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 The City of Renton operates on a two-week cycle according to the 2007108 Accounts Payable Calendar,a copy of which will be provided to the Contractor. Applications for payment must be received by the Owner a minimum of one week prior to any Purchase Order cutoff date to be processed in that run. §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent (5%).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; 2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a stun sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and AIA Document A101 TM—1997.Copyright m 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:25 on 04/25/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (3593826967) (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of A1A Document A201-1997. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. §6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) i ( )per annum (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) §7.3 The Owner's representative is: Michael Nolan, Facillities Coordinator AIA Document At 01 TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:25 on 04/25/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (3593826967) `•le City of Renton, Community Services 1055 South Grady Way Renton, WA 98057 Telephone: 425-430-6608 Facsimile: 425-430-6603) §7.4 The Contractor's representative is: (Name, address and other information) Steven J.Ness M.J.Ness Construction Co.,Inc. P.Box 3127 Redmond,WA 98073 Telephone: 425497-8025 §7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS §8.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A101-1997. §8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 01,2008,and are as follows Document Title Pages 00800 Special Conditions 3 00810 Insurance Provisions 3 §8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3,and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Substation at Parking Garage. (Table deleted) §8.1.5 The Drawings are as follows,and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit:ARCHITECTURAL:G1-001 Cover Sheet;AD-101 Demo Floor Plan;AF-101 Floor Plan;ARD-101 Demo Reflected Celing Plan;AR-101 Reflected Ceiling Plan,AA-210 Interior Elevations;AA-510 Interior Sections and Details;IN-101 Finish Plan/Door Schedule/Finish Schedule MECHANICAL: MO-01 Abbreviations and schedules;M0.02 Specifications,Ml-01 Mechanical Plan ELECTRICAL: E0.01 Symbols and Abbreviations;E0.02 Specifications E1.01 Demolition Plan;E2.01 Details;E3.01 One line Diagram and Schedules. (Table deleted) AIA Document A101 TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. r, Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:25 on 04/25/2008 under Order No.1000347448_I which expires on 3/11/2009,and is not for resale. User Notes: (3593826967) §8.1.6 The Addenda,if any,are as follows: Number Date Pages (� 1 4/8/2008 8 2 4/9/2008 X G .� Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement entered into as of the day and year first written above. 1 _ OWNER(Signature) CONTRACTOR(Signature) .,.� Denis Law,Mayor ..mT��W � �/E55 J / �� ��"�� (Printed name and title) (Printed name and title) &24ut 4. 4j&-4-7— ! C� ATTEST: ��7L/9 d• E5$ � .��L,1L��I��/ Bonnie Walton,City Clerk AIA Document A701 TM—1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Init. Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:25 on 04/25/2008 under Order No.1000347448_1 which expires on 3/11/2009,and is not for resale. User Notes: (3593826967) SE( N 00910- BOND TO THE CITY OF RENTOWfORM Bond No. 2086961 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned M. J. Ness Construction Co. , Inc. as principal, and North American Specialty Insurance Company corporation organized and existing under the laws of the State of New Hampshire as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum$ 219,680.70 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton, Dated at Washington,this day of April 20 08 . Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Substation at Parking Garage, 655 South Second Street, Renton, WA 98057 Project Name the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept,the contract, the undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth,or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. M. J. Ness Construction Co. , Inc. North American Specialty Insurance Company Principal Surety 960 Broadway Ave.,Suite 420,Boise, ID 83706 Signature Surety's Address Name and Title Agent's Signature Mary A. Dobbs, Attorney—in—Fact__ Agent's Name and Title BOND TO THE CITY OF RENTON FORM, 00910- 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com ,r NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois,each does hereby make,constitute and appoint: ROXANA PALACIOS,MARY A.DOBBS,HOLLY E.ULFERS, STEVEN W.PALMER,HEATHER L.ALLEN and BONNY SMITH JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March,2000: "RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." \p\�11t11111rY'/�g4/� �rAtarjtQHA(nr`rr . >, r� By gCORI'I}ORATE Steven P.Anderson,President&Chief Executive Officer of Washington International Insurance Company& r 2 W;°�• Q�i Q Vice President of North American Specialty Insurance Company y SEAL q '�///fIJ1111111111\l\\ By yr�rrrna..... David M.Layman,Vice President of Washington International Insurance Company& Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 11th day of February 20 8 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 11th day of February 20 08,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ()MCIIAL SEAL" SUSAN A11 L � ry Pl�llll«,Stale of Mil4tli6 Susan Ansel,Notary Public tufy collatlissm �7t&t2906 t I, James A.Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this—day of rC C .20,'1. James A.Carpenter,Vice President&Assistant Secretary of Washington letamatioral Insma.ice Company& North American Specialty Insurance Company Client#:32 7761 MJNESCONI ACORD. CERTIFIC E OF LIABILITY INSUt NCE 04/24/08D""YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble&Prentice,a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 370 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle,WA 98111 206 441-6300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: North Pacific Insurance Company 23892 M.J.Ness Construction Co,Inc. INSURER B: P O Box 3127 INSURER C: Redmond,WA 98073-0117 INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN3R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR SR DATE D DATE D A GENERAL LIABILITY C03165573 01/15108 01115/09 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000 CLAIMS MADE FE OCCUR MED EXP(Any one person) $5,000 X PD Ded:5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY X PRCO- LOC JET A AUTOMOBILE LIABILITY C03165573 01/15/08 01/15/09 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSIUMBRELLALIABILITY C03165573 01/15/08 01115/09 EACH OCCURRENCE $1000000 X OCCUR FI CLAIMS MADE AGGREGATE $1,000,000 S DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND C03165573 01/15/08 01/15109 OR sr M T orH- EMPLOYER3•LIABILITY ANY PROPRIETOR/TOR/PARTNER/EXECUTIVE WA STOP GAP ONLY E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 H yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:Substation at Parking Garage. The City of Renton is named as an additional insured with respect to the referenced project. Coverage is Primary and Non-Contributory. *10 Days Notice of Cancellation will be given for Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Renton DATE THEREOF,THE ISSUING INSURER WILL R"MAIL dam+* DAYS WRITTEN Attn:Michael Nolan;Facilities Division NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, x Renton City Hall 5th Floor 1055 South Grady Hall Renton,WA 98055 UT� HORIZED REPRESENTATIVE ACORD 25(2001108)1 of 2 #S2447302/M2447024 NEMJU © ACORD CORPORATION 1988 err' IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001108) 2 of 2 #S2447302/M2447024 CO3-16-5�L—A CI`'VMN ERCIAL GENERAL LIABILITY 41/15/08 NSTRUCTION CO LGL40321107 BLANKET ADDITIONAL INSUREDS - CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. A. Section II-Who Is An Insured is amended to include as an insured the following: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" directly resulting from your ongoing operations for that additional insured, whether the worts is performed by or for you. A person's or organization's status as an additional insured under this endorsement ends the earnest of when your operations for that additional insured cease, when they are completed, or that particular part if"your work" has been put to its intended use. 2. Any person or organization from whom you lease a premises when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to"bodily injury"or"property damage"directly resulting from your ownership, maintenance, or use of that part of the premises leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased premises ends. 3. The architects, engineers or surveyors, while not engaged by you, that are contractually required to be added as an additional insured to your policy, but only with respect to "bodily injury"or"property damage"directly resulting from a. Your acts or omissions;or b. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations performed by you or on your behalf. B. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: 1. The insurance afforded under Paragraph 1.A.1.and 1A.3.of this endorsement does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders, change orders,drawings, designs or specifications;. and b. Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded under Paragraph 1.A.2. of this endorsement does not apply: a. To any"occurrence"which takes place after you cease to be a tenant in that premises; b. To structural alterations, new construction or demolition operations performed by or on behalf of the person or organization from whom you lease the premises. C. Coverage is provided only to the extent that "bodily injury" or "property damage" is caused by you or others performing operations on your behalf. No coverage is provided if, in the absence of this endorsement, no liability would be imposed on you by law. Insurance provided under this endorsement shall not exceed the lesser of; 1. The coverage and limits of this policy;or 2. The coverage and limits required by written contract,written agreement or permit. Contains ISO copyrighted material, with its permission LGL 4032 11 07 Copyright, Insurance Services Office, Inc.,2004 Page 1 of 2 C 84102 NOOK D. Conditions 1. Duties In The Event Of Notice,Claim or Suit The following is added to paragraph 2.,Duties In The Event Of Notice,Claim or Suit: An additional insured under this endorsement must comply with all provisions of this section. 2. Other insurance With respect to insurance provided by this endorsement to an additional insured, paragraph 4. of Section N—Commercial General Liability Conditions is deleted and replaced by the following: 4. Other Insurance a. Primary Insurance If required by written contract or written agreement,this insurance is primary and we will not seek contribution from any insurance held by the additional insured for damages we cover. b. Excess Insurance If there is other valid and collectible insurance avaH able to the additional insured, other than insurance held by the additional insured,this insurance is excess over that insurance. in the event the additional insured has other coverage loran"occurrence"by virtue of also being an additional insured on other policies,this insurance is excess over those policies. 3. Waiver of Transfer of Rights of Recovery Against Others to Us Paragraph 8.,Transfer of Rights of Recovery Against Others to Us,is amended by the addition of the following` If required by written contract, agreement or permit, we waive any right of recovery we may have against an additional insured above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization. Contains ISO copyrighted material,with its permission Page 2 of 2 Copyright, Insurance Services Office, Inc„2004 LGL 4032 11 07 E 487 02