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HomeMy WebLinkAbout4955 Contract Number 4955 Vendor SERPANOK Subject Park Plaza Parking Garage Department DCD File Class LEG 12 -1 Begin Date: 8/11/2010 End Date 12/31/2011 Review Date: 3/31/2012 Vault Date: Comments. Change Order #1 12/2/10, Change Order #2 1/5/11, Change Order #3 2/2/11, Change Order #4 8/31/11; Change Order #5 3/9/12, Change Order #6 3/28/12; Change Order #7 11/26/12; Change Order #08 2/19/13 4 P, Document G701"' - 2001 Change Order PROJECT (Ammar. and aclam+1 CHANGE ORDER NUMBER 07 OWNER O Peak Amm Plaza GaImqp- DATE Sq tnelxr 20, 2012 am eu " Pa* shle 1: ARCHnECT &etErticn, Wk CONTRACTOR TO CONTRACTOR t'V m e and artrlrtsij ARCHITECT'S PROJECT NUMBER FIELD dirt SMmck en Mr' CONTRACT DATE 4519 South Ordod Street OTHER O polio, WA 98466 CONTRACT FOR The C.onlmct Is changed tta follmm, (Inehidcr, uthere rspphatrhle, tin) undrepute,d aniuunr airrrhiriuhle rrr previou +h rc>.eviaetf Comtrut troth C'halme I)irerrnas 1 ER # 42 - Ekv. Ratdb. $ 2, 808.99 ER # 44 - Stall R3dsicm $ 3,595.32 ER # 46 - Spdrk. Pip $ 337.06 ER # 47 - X B3K $ 266.85 I3? # 48 - Bier. L4tirg $ 870,.35 PR # 49 - Mxbfy Qnpmslsotr $ 2,312.36 ER # 5D -Gib lid > 7,195.OD M # 52 - Mxb fy HVC Stalls $ 493.77 PR # 53 - Ste y R $ 5,755.08 The ongtnal (Contmo Sum) (Guaraniue:d Mx. \imum Prices was $ 5 The net change by previously authorized Chunge Ordem S - 218,351.39 The (ContTect Stun) (Guumliteed M"iinum Pnce) prior to this Change Order %vas $ 5,6i8,351 -39 The (Contract Sum) (Guanuuecd Mommurn Price) \% 111 be (increased) (decrcnsed) (unchanged) by this bhango OnJor to the amount of $ - ZAAAD The nee', (Conirnct Stun) (Gunranteed MiLmnium Paco), tnOvding this C hange Order, \Vii be $ 5,6411986.19 The Contract'Fiiime will be (increased) (de(resscd) (unchanged) b% ( } days The date or Substantial Completion as or the elate 01 this Change Girder, thetll'urc, 14 ,VOM Thl$ Change Orrter dot {+ not irrclu& JrmtL`e + In the ContraLa .Stun C unit act Tinrr or Guurameed 14uxunnnr Prot t that hav+ Kati outharrced bl Commictiun Change I mviiv unal the oast told rune htwe been ckp oed upon h} huth rho OKwer andCOWAvion in H hkh count o Change Urdu is C'reCbted to superaedc the C'vn +n9rcrrCn Change Drrcr ma NOT VA D UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER AR D M (faith na q0#M — CTOR Ofirrn naln O �(T1ria numv) 101 350 4519 :both Orchmd 345 6th Slit, Sbe 600 fill°, Whti ENSWIf W4 98377 BY ( ►wturvt B i4pia rvi BY (Sr nanrl4! to 7 LL wr dnAY tTtyilellN tf l r nh IL�iI f7i7+rd D ATE I DATE CAUTION You ehouid sign an original AIR Cont et Doeurnant, on witch thin text appff m In RED An original assures that chnngto will rout be obscured AIA DOburnent Gr01 a — 2001. copyright a im 1987, 2000 mid 200 t by The Amerimm Insftio Of Aitmoa& All tights moorved WARNING Thk AlA Doctmwrd Ispmiearot by U S Ovyr%hi Law And bd", asii0+w1 Tmauas Unauthoriard reproduction m distribution of tubs Ale 130curnant, or -uy portion 6f t[, miry resuitin soyivo d vp snd ererrlabi pennrt'*% and vAh bo irrowiu t vi to b4 rmoarwm,xient pasgUe undgr tho law Rumhasbrs are ivmited to reproduce ten (10) copal orl tlt13 dpcWt*nl whCn con*Icted To report copyright wolefiorts of A1A Ccs+lrad Documents a mdrl The Agrer Matti r Arcme= krgd oaun"I y"hi Oro imixi � ��t igzepal CONTRACT CHANGE PRICING SHEET Project Pmt AwPbra Pinking Gw Contract No• 2010.154 PMpmd Nor 42 Dowiptlon Re WAUbW oMe"Im Stil«xnmeetar Labor rate thk dim ® Date 14 M" 12 1 V A=M UM Read swmmwM item U, U C Amamm Unk Coat I Amomt I Uam Cost I Amount I Amoemt Tow D"Cicam Remobllizatlon of Elevator Subcontractor ti Remolmli2stion to complete elevator due to Cinema Relocate Ekctrlcai Conshuabon 100 Is 2XD 00 s 2,m oo Subtotals 2,500 OD S 2,500 OD indirect Costs: 5upmvlsiom (296 of Cost) S000 S S000 Saftdy (2%of Dnect Labor) Travel Mowanee Mist Supplies (396 oMirect Leber) amp order Preparation Subtotals 5000 S 3000 Subtotals Subtotals 2,5SO DO S M50 00 Bee Rate Overhead & Profit 2,55000 70096 S 178 SO bmvwmWPe.ftmmmftymwd Bond 29546 $ 8049 Total S 2,80899 r c Schindler Schindler Elevator Change Order Request March 28,2ou Igor Kredtsa Serpanok Construction 4pq South Orchard Street Tacoma, WA 98466 Phone: 2 53V"3 22 Subject: Change Order Request Re: Park Avenue Plaza Garage 649 4 Sflre4t. Bremerton, WA 9ft37 Dear Igor. Schindler Elevator Corporation Is fegiresting a Change Order to the project subcontract in the amount of: Two Thousan :Five Otlndr o Dollars (12,Soo&W for the following: RemobUlzagon expenses for proj4gt inplecion delay beyond March 31, 2m2 as outlined in the project subcontract supplement agreement. Note: Third floor lobby must be completed prior to final equipment inspection as required by State of WA Elevator Inspection Department Schindler will act upon this request for change upon receipt of your signature below approving this change order amount or a signed Change Order of your format. Please sign below indicating such approval and return via fax to 2o6-29t-3o29. Regards, Schindler Elevator Corp Eugenelones 2o629i3D10 Customer Approval Signature Date J* CONTRACT CHANGE PRICING SHEET Project PmkAV0P18aPmba9t3aiage Contract No 2olo -Is4 Proposal NO 46 Description Cheige Simnber Piping at Stmr 8l Labor rate this sheet Ptevmh wage Date 05 Jun 12 Labor MNanel Rental E 3oboontraot iron R oa unit U C Amount Umt Cast Amount Unit Cast Armwnt Amstar Total Direct Costs - - Change Sp Mer Piping at Stair 01 Modify Spnnllers Smith Fire Systems 100 is 3000D S 30000 Subtotals f 30000 Indirect Costs Supervision (2% of Cost) 600 1 600 Safety (2% of Direct Labor) Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 600 1 600 Consequential Costs Subtotals Subtotals i 30600 Base Rate Overhead & Profit 30600 7 OD% I Z 2142 I nsurence/Performance/Payment Bond 2 9596 1 966 Total t 33708 1 ( 11 (0 � f�� R V• + : y ' yr i r, � • � ti � Vii + Q f ,1 t • ( "' = °t:t 'ecf" • ''"d�' � � a I }' �`` 1' � ,�• + t ) J '� r, 'r f r' ��Y.' i'b'fl" A � c r3 t I y . a0. .y 7 +'� ,� '�� 1tt pie ':f`x •F , i , ' „ • � r , �'k i 'j! � {'• L • ` �7�,T, � , 1P f - 41 't;'" , '�, • " V6 _ ' � � i " ri g ' ,, • , �' tip, ra 17 ty r` ? , } + F t ra i � 1' rr�� f" V t R! 4 L ' t . i F » '�• Tdi 1 � i T, �•- , i +� , z d u ir�,d • j � •r i� ��r1�:f,� rvyY"E 4 Y �a � ' IrI l r �i,W I tT PA r yL - ! LL i Lt :` f��y'��,,jL.,i6 e ✓ j� T ., ? _ `N TL j �� i > = �_,� I� :fir "� -.' �N `' _ � , . � + , , � k '•� -� t4�,� i� ` .+ a 7 i r -^ �}' '' �• I �t- �, ' t , r t ^• - ) _ • L AZT ,' , • - ..i � {. �!,� ^ ; \ '�W I�' r .� r � A,r r �+. ql �f•r ��, I ��•� • ? �5.r• i ; , � - ,r'r4 Jti ` �.a i, • 1 Yy �' �7'j�' 1 1 i- r v � 1 d' , T,7 ' T AT,, ` 9r z� • � t � V I l • ' ` ,l• i Ile CONT CHANGE PRICING SHEET Project. Park Ave Plaza Parking Garage Contract No 2010.184 Proposal No 204 Deseriptlon Installation of emergency lighmg stow k 4 Labor rate this sheet 6848 Date 11 fun 12 7 1 Material FAmment Subcontract Des m Qry Umt Hrs/Umt Ttl Ha U C Amount I Unit Cost Amount Umt Cost 1 Amoum Amount Total Direct Costs Instillation of emergency fight fixture 100 Man 075 5136 5136 740 22 79159 Subtotals 100 075 5136 74022 79158 Indirect Costs Supervision (13% of Direct Lebow) Safety (2°. dDuea Leber) Travel Allowance Mac Supplies (3% of Direct Leber) Change Order Preparation Subtotals Comequerwel Coals Small tools. Saw blades Subtotals Subtolals 5136 74022 79158 Hale Rate Overhead dt Profit 5136 7 09°. 360 Subcontract Admrmst muon Fee 74022 7 OD . 5182 lnsumnce/Performance/Payment Bond 2 95 2335 Total 87035 ril t/ 6� � l Sound View Electric Change Order Price Sheet Change Order # 13 Project Name: Pump station relocation Project # 190 Date Description: Installation of fight fixture at stair # 4 6/5/2012 as per owner request Direct Labor Hours Rate Amount Electrician 4 7105 $ 28420 7105 $ - 0 7105 $ - Truck Driver 1 7105 $ 7105 Equipment Operator 0 7105 $ - General labor 0 7105 $ - Totals 5 Total Labor $ 35525 Materials /Equipment Cost Unit Rate Amount Light fixture 1 LS 24837 24837 Work van 1 Day 3748 3748 0 0 0 0 0 0 0 Total materials and equipment $ 285.85 Total of direct Cost $ 641 10 Subcontract Subcontract $ Subcontract Supervision of direct labor cost 1590 $ 5329 Safety of direct labor cost $ - Misc Supply of direct labor cost $ - Overhead and Profit 7% $ 4488 Subcontract Overhead and profit $ - Bond ad insurance b& $ 096 Total Cost of change order excluding sale tax $ 740.22 CONTRACT CHANGE PRICING SHEET Pmkee Part Ave t4s=e hrk8 Gump Ceoeraee No 2010 -184_ _ Proposal No so Dercripdoo. Garege Added mean per 427 anal Lobar rate this d wee Preml %Wage Date 19 Jun 12 Labor Motenal I Read I i Amoua Amoua Snbeamaet itan R Ulm U C Amounl U mt Con mt Amm Umt Con Totes Mod Costs 0 e Added nao per 4127 emmi Add Ewt Sign Soundvrew Electric 100 LS 750 s 750 Add Handrail at exterior Stair to Tunnel Labor and Materials 40 00 his 7976 3,190 40 20 80000 s 3 99040 Labor to Core and set Posts 8 00 hrs 7976 63808 S 63808 Add Gate at top of Stair #2 100 is 950 950 s 950 Subtotals 3,82848 1,750.00 S 6,32848 Indirect Casts: Supervision (2% of Cost) 126.57 S 126.57 Safety (2% of Direct Labor) 7&57 S 76S7 Travel Allowance Misc. Supplies (3% or Direct Labor) Change Order Preparation Subtotals 7657 - -- _ - - 126.57 S 203.14 Consequential Costs- Subtotals -- - -- -- -- — -- - - - -- — _ - - - Subtotals 1,75000 S 6,0162 Base Rate_ Overhead & Profit 6,531.62 7 00% S 4S7.21 lusorance/PerformancdPaymeot Bond �— 2.95ab l Total S 7,195.00 of (0 PR # 207- Jeannie Vaughn changes per email 4 -27 -12 Park Avenue Plaza Garage - Phase 1 Added work as noted below: A. Comment # 11- Tunnel stair - Add hand rails at each side of exterior stairs to Burwell B. Comment # 12 - Tunnel stair - Add exit sign above exterior door C Comment # 13 -Add gate at top of Stair # 2 from P -1 level (see Stair # 3 for example) CONTRACT CHANGE PRICING SHEET P#vjed: Park Ave Plea Puking Cm p Contract No 2010-184 P1 Was 53 DmwW§m Imtali Addamnel Ssldy Restraint at Quip Open W per Field 11—em Latow rate this dwelt Pnvutmg Datr 19 Jul 12 labor Materml Kemal E Sub —dnm enar in Ilan Rn Una U C Anmmn Una Cod Amount I Una Cost Amount I Anoint 7ntd Dued Ceus _ _...v. Install Additional Safety Restraint at Garage Openings per Field Direction Install Additional Restraints at Openings Install Anchors/angles/bolts/ 7000 Ins 6588 461160 600 42000 s 503160 Subtotals 4,61160 420.00 $ 5,03160 Indirect Costs Supervision (290 or Cost) 10063 $ 100.63 Safety (295 of Direct Labor) 92.23 $ 92.23 Travel Alhewanee Mist Sappiles (3% of Direct Labor) Change Order Preparation Subtotals 9223 100.63 $ 192.86 Consequential Costs- Subtotals; Subtotals 42000 $ 5,224 46 Base Rate Overhead & Profit 5,224 46 700 95 $ 36571 Insuraoec/Performoncc/Paymcnt Bond °9595 $ � 59 08 64'91 Total ��� Ln7i—, PR # 208- City punch list 7 -11 -12 Park Avenue Plaza Garage - Phase 1 Added work as noted below: A. Comment # 4 - Alley openings to P -3 level. Add vertical bars at +/- 4' -0" on center to eliminate cable sagging per attached sketch B. Comment # 6 - Fall protection for openings to P -2 level from Park Avenue. Add screening at openings per attached sketch. i t DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING DIVISION • 345 — 6th Street, Suite 600 Bremerton, Washington (360) 473 -5275 INSPECTION REPORT 3 I D 00 PERMIT #: TT� 10 - 00 5"! f� ADDRESS: 1 Tom" d a a o- o �(� IL we4.r -50 Z64 v C cct�j. �`o 12-3 Fes- 40 l ,e. -vKa- p - 5 6 jkj '-O . L o cap lv 3 �2 d T m 0 a D ctz s 61311 aba 9� 3 !3 3 l► CI F 71 M 44 Date- l 1 Phone: q7' 5 z4" e �. 1 SPECTOR hh r G V CJ TI w a t f4 I f u 7VLo P t 1 r I l CONTRACI C(IANGE PRICING SHBEr Pro(ecl Path An Men Frog Gaage Contratt Not :010 1 34 Proposal No 44 nacnptsao Rtnse Parting Stali Nambon per Attached numbering svttem I.Abar rate this sheet rmsvihttg Wq u Pearl OS Jun 13 1 aim Motettrl Remel F i Submetraca hem RemorWnratnr own tuna L C AonwM Irmt Coat \muum Loa Con I Amount I Amremr Tad thrtlet Cmu Revise Patting Stall NSenbem pet Attached mmtlwttng system Paint Nett Number S)miem SuMnor Mlipall Staling 100 Is :who t IM td s s :aa 40 Re Cicnn Garage Wine 16 IN) hrs SA 20 02115, $ 1 132 16 Subtatals 93216 2q) (10 S 3.18156 Indirecl Coslr Sapenbion (2% of Come) 63 63 S 6363 Sorel) (2% of Direct labor) 11L64 5 18 64 (marl Allowance NLsc Supplies (3 of Direct Labor) ' Change Order Preparation Suhlotols 1864 6363 S 82 27 Cua,equcnliaf Costg• subtotals stublotais 290 00 S 3.263 83 Rase Rate Menccad & Prof11 1.36393 700% 5 228 47 Insurancdi'erformance/l'armenl Bond 2 9rl% S 103.02 I oral S 4.595 3: vvt� 1 Park Avenue Garage Revise parking stall numbering 27-Apr-12 P-I P-2 -- P-3 -- P4 - Was Revised # Was Revised # comments Was Revised # Was Revised # I - -- -- 1 01 7 — 1 201 1 30 401 2 162 202__ - 2 T 302 2 402 103 3 203 3 303 3 403 4 164 - 4 -- - - 264 36 - 4 4W 1 05 » 5 : - 265 --- - - - -. - 5 »- ? ~_ 305 » - 5 455 166 -- 6 --- 2706 -- 6 - 406 — 7 - 16 - 7 - 7 - 7 307 7 467 8 1 08 8 26 i - - -- 30i - 8 401f 9 16 - - 2 9 - - 309 - 9 409 70 110 10 -- 210 10 - 316" ­ - 16" 4 10 - 21 - 1 11 311 11 411 12 112 12 -- - 2712 12 - 312 12 41 13 1 213 313 41' 14 114 - 14 214 _ _ 14 314 14 414 13 - 113 - 15 2719 - 15 - 315 15 - 415 - 16 116 16 216 16 316 16 416 IT — 117 - 17 - - 2 - 17 - - 17 3 17 - 4 - 17 7 li - - Ili' 18 -2 - 18 -. - '3 W - 18 TI 8 I9 - 119 - 219 19 319 19 419 20 ­ 1 20 20 H6 -, -' - 20 320 20 420 N - 12I 2F - 22 1 __ »r - 21 32I_ -- 21 421 22 - 122 2i - 2 - 2" 3 22 h 422 123 223 23 323 23 423 24 124 -- 224 -- - i - 4 324 - 24 42_4 25 1 25 325 25 425 F Y ---- G6 26 - 2i6 26 326 - 26 426 25' 117 27 -- - - 2 27 27 327 - 27 427 28 -- 128 28 - 2H8 2 V 3N 28 428 T9 129 - 29 - --9- - -- i -1 22 29 329 -9 429 30 130 30 - Y30 - 3CF -- 330 - 30 430_ 31 131_ 3 1 --- 231_ 31 331 3 431 - H 132 - W - - 332 32 432 T3 1 33 _ -­ — 13 23 - 3 - 3 - 3 - * 3 3 33 ' . - 134 34 234 -- "34 734 W - 4' - 4 IjS — B ET -- 33 'E5 35 435 56 36 236 36 336 36 436 37 ------ 117 2737 - 37 337 - 3 * f -, �3 - 7 IjEF 38 - 25 - 87 -- 3 i 358 -- j8 438 T 39 139 W 3 39 339 39 419 40 - T —1 TO 3 � - 40 40 F 'I 4F -- - F4 F 7f AL 41 441 42 i 42 TF 2 - 4 - 2 --.- 42 -- 342 42 442 4 143 4 --- 43 343 43 443 44 144 44 244 14 M 45 245 46 146 46 -i4-C 47 _ - 4 7 7 T - 49 1 49 49 249 50 1 ISO 250 Revise parking stall numbering Page 1 3 Printed 4 2 3 16 I'M 3 Park Avenue Garage Revise parking stall numbering 27- Apr -12 P -1 ---- P -2 ------------ ---- -- P -3 P -4 --- -- Was Revised # Was Revised # comments Was Revised # Was Revised # 5 15 5 1 251_ a «« « » p »« «a « 52 _152 5 2 = 252 53 a 153 53 « 253_ « « «„ „ ° a « « « 6• » » . 54 154 54 « 254 55 « 155 55 255 i 56 « 156 56 256 ' a « b ««« ». a• «» « a « » 57 1_57 57 257 „ 58 - 158 « 58 258 « 59 159 59 259 « 60 „160 « 60 « 260 = 61 161 61 « 261 62 162 62 - 262 63 » 163 - 63 263 „ a -4 « 64 16_4 64 « 65 1 65 265 66 166 66 i 266 «tr » «i •a « p » « a «„ « « 67 167 67 267 « 68 168 68 268 i 69 169 69 269 70 _27_0 27 71 1 72 272 73 273 » 74 274 a « 75 275 1 « « « p » 76 276 « 77 27_7_ a• b .- - a a « - _ _78 27_8 s o- a• „ -a « 80 280 81 281 - 82 282 » 83 283 _ 84 284 85 285 87 287 f 88 « 288 89 i89 90 290 91 291 a« a b 92 « 2 92 93 293 94 « 2 94 « .•••a » 95 -- : 96 296- 97 �' _2 4 . 98 29 8 • ' 99 M ` 29_9 100 « « «« »180. » Black out & new numbers Revise parking stall numbering Page 2 3 Printed 40-7112 3 16 PM Park Avenue Garage Revise parking stall numbering 27- Apr -12 P -1 - P -2 JP-3 ----- ---- -- P4 - - -- Was Revised # Was Revised # comments Was Revised # Was Revised # 101 181 `Blac out & new numbers 1 02 180 =Black out & new numbers 103 »; 181 Black out &_new numbers » 104 » 180 Black out & new numbers 105 181 -Black out & new numbers 106 180 ' Black out &_new numbers - 107 107 '. 181 'Black out& new numbers ` 108 1 80 Blacl. out & new numbers 109 181 Black out & new numbers a „ «„ t 1_10 180 Blacl. out & new numbers ` 111 18 Black out & new numbers 1 I? 180 Black out & new numbers Revise parking stall numbering Page 313 Printed 4127/12 3 16 PM CONTRACT CHANGE PRICING SHEET Proled Parke PlaraParbagoarage conlractNo 2010-184 Proposal NO 47 Description hntell Knox Box at Spnnlder ootn Labor rate this sheet Prevmb wage Date 10 Jan 12 Labor Material I Ram Eaumem I SuttcatbW Item RernaWDeuripbon I Qty Umt U C I Amount [hut Cost I Amount I Umt Con I Amount I Amount I Total Dued (:oats Imtall only Ktmx Box at Spnttlder Room Install Knox Bm Labor only 4 00 hra 58 23 23292 s 23292 Subtotals 23292 t 23292 Indirect Casts Supervision (2% of Cost) 466 s 468 Safety (2% of Direct Labor) 466 s 466 Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 466 466 t 9.32 Consequential Costs Subtotals Subtotals 1 24224 Base Rate Overhead & Profit 24224 1 700%1 f 1696 Insurance/Performance/Payment Bond t 765 Total s 26685 S t PR # 203 - Park Avenue Plaza Garage - Phase 1 Install Owner Supplied Knox Box at P -2 Level A. Install Owner Supplied Knox Box to the east of Sprinkler Room Door 201. Height of box to be 48 inch above finished floor E CONTRACT CHANGE PRICING SHEET Protect Park Ave Pima ParkingGamge Contract No 201x1 Proposal No 47 Desetipnon Motbfy Inatand wrong 6om single to 3 phase at Fie Spnnkter compressor Labor rate this sheet Pteva�hn Wage Date to Jun 12 Labor Material I Reared E est Sulroontnrot Item RenatwDnet hoes QtY I Unit U C Amount I Unit Cost I Amami I Lhat Cost I Amotmt I Amount Total Duel Costs Modify Insisted wiring eom nngta to 3 phase 0 Fire Spm9der compressor Remme and replace circuit shown for a single phase compressor and install new circuit for 3 phase Change Wiring - Seundview Electno compressor i on Is 2,05300 $ 205800 Subtotals 1 2.05800 Indirect Costs Supervision (2% of Cost) 4116 f 4116 Safety (2% of Direct Labor) Travel Allowance Misc Supplies (3% of Direct labor) Change Order Preparation Subtotals 4116 t 4116 _ Consequential Costs Subtotals Subtotals t 2,09915 Base Rate Overhead & Profit 2,09916 1 _ 700%1 s 14694 Insurance/Performance/Payment Bond 295% 1 6626 Total t 2,31236 1; �Alz I'7/ CON I R Xc 1 cu %NCt PItI( INcr SI IF IF l (anlael %.n flit tg I r. puasr �„ _ Prnlrrl P_tk \ ' P. a Y rtm4 ( t<an 1 �twtr me 1hn dtrrl 1 n.arbe . \\ 1515 Ihlr - lun �. I/etcrlptt�a �t It' • -'�� at P' tales r time a Qel tdl l ut rt• \!tk1 - t I.1c .\ new \IN t 1 i 1 {m1.11Mlk nlllttlt I 1i1tt. l I' ' RI\ talon 1111 11 ( til dl Suptnel t1 +hp lit, Jnl, s 3{'! ;S suhlunda X ^1! % H - 9 Indirect l aN+ %open Flan 12° s of t n \t i %Ilfeu 41 1 1111110 I rmel %nnuunce N1 1 'c %upplle! 1 o of l)tret I 1 151 f hunCe f>rtler 1'repn"I'an ri ^1 r , N 7 Subtotuk ( 01- +c411% "it it (aala lnholtnl\ 1 ad8 215 Quhlotnk Row Rule 0 0, (laCrb�11e1 At PnIRI 2 oc•A s la IS �j In�urnntr'1'rrfnrmnncegrnlment nand ---. IMnI � dv►rz a � ��(� ��= Pro Pc> Bol 2n18 BBB _ - Gremerlon WA 9r� ',1 Date — TES - timate No t Tel f 3601 4 7325 L 961 2 511 2 F 26 98 aY i3cf)) 698 088') ESTIMATE SUBMITTED TO ; 5t panok Gonstrucilnn Inc 4519 S Orc haru SI } taComa W 98466 i TERMS -~ PROJECT Estimate prepared by A�, - _ _ _ — true an ret'e{pt P_2 Layout Changes flTY 4 RAl E `[OIAL + ITEM DESCRIPTION - - - - _ - - " -- - --- --__ t-- -- -- — _ - t 1 32 085 — 1220 I q ~ Pavement Marktno Removal t 1 8 j 4 00 T2 00 REM Pavement Marking Removal 12 Dioytls i 100 I RPM Pavement Marking RPnioval PJ1otorr ; ienc{I 6 i i2 00 +72 00 REM Pavement Markinq Removal Compact Stencil` 2 ± 4000 8000 4 1 20 l -l( SU Handicap S ?,nbol On Blue Bac kctrounc 53 00 HCAA ADD AcceSt; Aso Bars 12 t1f) + 45 � 2 75 41 25 i 5 NU10 t Number Siencit t12'i 000 i 1 Sales Tax , 8 60 °� r { I i 4 ! l i I r j I I s , L KL t.! , r.1 tL:n t f f. ' r r Q rits t ,n • ' t I I .s I sf U'c F IIr'EnIsjR A — P'AA>_ Lt'It, :.r ;I't?�' F, U11�far _ to s r • i t i Fas rr •t is " p'ir t� cis 7sl sa• ^,TI r rl , 1 ' ' <s 1 +a^ -a'' I � 1 � I i (}i. Fw+l t t3�i rJ_a I p! {".} I've ss7 0 I' ' ✓ ` I TOTAL s'189 45 -! Acceptance a: Auinorixed ;� Date Signature 1 14 - - -L - -- - t i From: Larry Hutchinson dairy®gmdbu*Lcorrm Subject REt P-2 Layout Changes Date June 28.2012 5.20:06 PM PDT To. Brian FyaA dxianiNkimparbrers cony R 2 Attachments, 203 t® Here you go Don't know about any map Larry L Hutchinson President General Management & Development, inc. 206 - 396 -8466 fax 253- 404 -1998 larryPamdbutld com " Let us build a Team first then Team Up and build a PrWeot" From: Brian Fyall jmailto: bdariftloraxnartners cornl Sent: Tuesday, June 26, 2012 2:56 PM To: Larry Hutchinson Subs Re: P-2 Layout Changes Proceed with work as outlined. Can you get me a copy of the drawings Dave is referring to? LORAX partners Brian FyaO 101 Stewwr St. Smote 350 Seattle, WA 98101 206 718 -6371 On Jun 26, 2012, at 2:41 PM, Larry Hutchinson wrote. Forwarded message From: "David L Enderle" <denderle@me com Date: Jun 26, 2012 7:30 AM Subject: P -2 Layout Changes To: "Larry Hutchinson" < lar @&indbu►ld.com Larry, Attached is the proposal for layout changes on level 2. The work involves changing a 3 stall area to 2 van accessible ADA stalls, and changing another area from angle parking to straight in parking. If this meets your approval, work can be done by Wednesday. (9 Thanks, Dave Enderle SAS <p-2 Changes465.pdf> PR 52 o df 148 B A IA Document G701 Tr - 2041 Change Order PROJECT. t4rn.c err,rl ercllrrt3/ _ CHANGE ORDER NUMBER 08 Revy9ed Park Avenue Plaza Garage DATE �' 18 2013 OwN=R P9 EtzwJ1 a 33 Park Sb nL-t ARCHITECT EJ affffirb Wk CONTRACTOR 29 TO C RACTn� r �Tm: rrltir� r ARCHITECT'S PROJECT NUMBER FIELD 0 4519 South ard�d Std. CONTRACT DATE , Wh 98466 OTHER l- CONTRACT FOR' I"Ite C'11riituct 1s cll:tn9izci is (lilt' 1141, where apfsl noble. ar;t ttrr��relxr,tfr�'Errrttrrr)t► Utdrff�:rttrfrtt trf fxrr t r<rrrsll "kf eratt(I C.11wir'rteunn Change Direitrt'��s / H2 # 55 - Pnmd& Ehctc� $ 2 ER # 56 - M defy Sbaping Zap; $ 896.63 The original (Contract 8uin) (Gttnninteed Matiinttm Trite) t, as $ 5 400,00 . 00 The net elittnge b} pre, rf,usly a"thtrrized Chaitgc ()n(c is $ 241,986,19 I he (Conirar i sum) (GirK mmud fM,iunlurn Price) prior to ties Change Order U;is $ 5691 X6.19 The (Contn(i Suns) (Gaaranteed tNia Prict ) 1, ill bt t f tere,iccd) (dct reA4ed) (tu)trh.tngt.d) by this Change Order to ttic intoiutt ()f $ _ ^ 3,187. 8 9 Ibc nc,A (Contract Suns) (Guantitcrd Ma ssinitinl Prtc,e) tilt 1 "(11119 this Ch {ingc Order tt ill be $ _ 5645 Be ( vnlrmt Time will be (lit mi -;ed) (detreasetl) (unchanged) b} { ) davti w 1 he dote ol'Substantial Complcut»i as of the dme of this Change Order ihcrefore. IS A'071, Tkvr C'liong [)r:ic'r cjtk, n,rt Ith -hrcl ? rhr nge, w the t onod, ISM) C;frrrtlac't Tinte r,r (;ua nit e(I 11avit urn tircrt fst(t� itr.c'n attrthoprsr�i f ( +.�n,tr-rrc tr,,rr {"h.rrr/,re ihrt�c'rn E rrrurl rfdt' c IY,t crnr9 ttfptty l�rt c= hrkn ra�r,�c�tl tefY�r: ht� fsntlr tJsa ostlux atilt c on"i tor, tit tthl"h cam it ( `',1T1, t' (idea is cxet`utvri to sujw)ie,1v the Cr�n C'hohcr Jarrctitic� NOT VALID UN71L SIGNED BY THE ARCHITECT, GONTf2ACTOR AND OWNER F E C M = B utnem g�c QXrUjj::d ' (±tty Cf B=Ertcn ARCHITECT ff r, m #tam ,t CONTRACTOR (1 irnr OWNER 101 Shutt SbVet, Sbe 350 4519 8auth 345 6th Street, She 600 & 8w - - n - M98101- - 1 to 9537 - - - - w BY (Sig .norei 1 �� (Tt,' ee rreQzrf, )rr ��, � , (rt�. l q DATE - � - — - - - Q _✓ �1_� � _ �. _ - DATE .3 : AtA Ootumerit G7a1 i° " - 2001 copyright 111p4 19 . 2,,�00 3fi9 201 tr TheAmencgn Ins } ° a. r . •• ; - C _ ,i a t q! ArgJif1E S� All rights reserved. C F 4r Try +,,'t,.. M "�rr � -, �. °�U � ". r� tit: � r r - F :, �.._.� �f:� La.f s �._,.=� ,, "' -° �� t•"' r ' - -�' " r < �rr �_'t� "a t :�-x t;*r.'ar ptuche,a- are pafmdi--ti to fr-Ts r duw t 114) M'05 of ttVS docUmW1 whuft ca;n laic i To f The Arvsa ;cart 111, etute Ut Ardtttc -zts frgg3i cnnfn�+ rnpyrghl a ata ns{i k +y�C3r,t vin lUrms of A!A Contract Documents a fraii 14263 C0N`TRACTCHANGE PRICING SHEET Prwiret Park Ave mare Pt4tnB CWn,;0 nu D f netnct Ato 201a 184 Proposal \n SS eeergriiaa Cnawen il11 nclnawea _ _ I.ahar rate this sheet Pre thug Wait, Date 27 tan l2 I.ala,r %lotanat Nemai 9ol�onvnct Item Remark'Dev:n mn tlnn l C Amnum stmt Cott Amoum IJMt Cast Amonnt Attttwm Mum (.05b Total - -C-lom Built t nelmures -- - — - -- M"t terth Ned and determine dimensions for enclosures at the exhaust fans And one additional enilostare for the rump Pro and Install f nclosurec convtrol a 00 each 50000 : 00n ot) S 2 OOa oa Suhlotelt 2,000 00 5 2 000 on Indirect Costa Supervision (2% of Cost) S Arety (2% of Direct Labor) 40 00 5 4000 Yravel Allowance 4000 S 4000 Nice Supplies (3% of Direct Lahor) Change Order Preparation Subtotals 4000 4000 S 8000 C ort eciventtal C otts Subtotals Subtotals S 2,08000 Base Rate Oserhend air Prerit 2.080 0 700% S 1411 60 Intaranee /Performance/Pas meat Bond 2 9i% S 6S 66 rotas x 2,291 26 Cl)NM%CT CII %NGE PRICING SIIEET Pretrer Park Ave Plans Parkmg Gmegu nneritxren 1lndrftv Stnpmg P.mas l'an"Ve 1a 2010 164 Propml 19e 11% LaMer me this 111er4 Nrvcdmu Wage Dsra 1I tan I teem rn ! atnr Matrrul R 4ubtxrrttren rsrkl t7ra n e Unit Cws Arrmum 9ema! I ur t lhrcer Gull 9ry (_nn U C 1mnunt Unrt Cent Armrum Arnaunt Tenet Modf(h Striping /Aner Modify Parking Tones for turnaround and garage Suttcnat Ashpait access 1 tN1 each 798 an S 793 m Subtotals Indirect Cosh S 79900 Supervision (2% of Cost) %*fety (2% or Direct labor) 1596 S l e o6 Travel Alloa ante disc. Supplies (3% of Direct [Ahnr) Change Order Preparation i Cnnsequrntial ( "nett -96 S 1546 Subtotals — bast Rate 91396 (herbead & Profit 913 96 700% S 96 9 tnsnrnnce/PertarmanceMasment Flood µ 2 45 °tb S 2569 Total S 99663 EBB Proposal PO Box ,2978 Bremerton, WA 98311 _T_ Date Estimate No. Tel (360) 479 -7325 01/30113 Fax (360) 698 -0880 ESTIMATE SUBMITTED TO: General Management 8 Development 4519 S Orchard St Seattle. WA 98101 TERMS PROJECT Estimate prepared by. ITEM DESCRIPTION OTY RATE TOTAL SLS Mechanicaly remove 4" tine, stencils Layoyt and 1 79800 798.00 paint 4' line, arrows. misc. stencils per print - Lump Sum Sales Tax 860% 000 For qualiq assurance, SUPERIOR ASPHALT SEALING %All apOy asphalt seater only in cond,Lton!! sel forth by product manufacturer S4heduind fobs may be canreled by untavo•au waathw conditions SUPERIOR ASPHALT $EALING assumes no liab iq for iratdsing of uncured sealer caused by anyone otner than otu Awkers All wbrtc to be completed as per above specifications according to standard practices Any modification of this agreement or additional obligation assumed by eliner party shall be Minding only it evidenved fn writing and signed by each party in the ettrit legal action oa any type is necessary to enforce the provisions of this contract, the prevailing party shall be entitled to ioasonabfe atiotreys fees and costs Our workers are covered by Stale InIustnai Insuranco A finaric[ charge of t Sa will be charged can all past due amounts TOTAL $7gg o0 Acceptance i hereby agree to the above pace specifications and conditions and grant authorization to do the work as specifier) Authorized Signature Date a e Tj T IAQ�? r p AA rn cxru�a•.»w `� " � � • � . � .v.,.,, B ^we...sx.. `nn. sxs '` .a, .. 9 'a — •, k , u Rc. a � s C 1 wT rc[ttrl'3� rcaaz77wr:a �s wcc.+ s».i^;s l� / r eer N t£rwn • � i _ � s � nur „a:,rce � r' 3 L� @y „Kp4 v ^ , � ro eLr— .6 �a 26 8 14 f y City of Bremerton Park Avenue Plaza Bremerton, WA v � Fes A PLAN LEVEL P2 STAR T '•� ` ; ; EAST 12 1 1 � -- rX ENY OF BENTONrrr IWTERf'R.00F� I `„�� 01 Contract Number 4955 Vendor- SERPANOK Subject Park Plaza Parking Garage Department DCD File Class: LEG 12 -1 Begin Date: 8/11/2010 End Date 12/31/2011 Review Date 3/31/2012 Vault Date: Comments Change Order #1 12/2/10; Change Order #2 1/5/11, Change Order #3 2/2/11; Change Order #4 8/31/11; Change Order #5 3/9/12, Change Order #6 3/28/12 z x ® TM fi Document G701 - 2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER 06 OWNER ParkAvenue Plaza Garage DATE March 28, 2012 ARCHITECT Burwell and Park Street Bremerton, WA CONTRACTOR TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER FIELD ❑ Serpanok Construction, Inc. CONTRACT DATE OTHER El South Orchard Street Tacoma, WA 98466 CONTRACTFOR The Contract is changed as follows (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) PR # 22,29, 31 - Alternate Pricing for Broken Concrete Removed: $ 201,573.17 PR # 23 - Anchor Bolts @ P5 Level: $ 7,633.60 PR # 24 - Grids L, V, and 12. Provide Dowelst $ 12,186.09 PR # 28 - Block -Out Penetrations: $ 3,272.92 PR # 30 - 28ft Exit Tunnel: $ 28,898.54 PR # 40 - Relocate Ductwork @ P3 Level: $ 5,259.78 PR # 41 - Added work on Burwell Garage: $ 12,694.95 The original (Contract Sum) (Guaranteed Maximum Price) was $ 5, 400, 000.00 The net change by previously authorized Change Orders $ _ 53,167.66 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was $ 5,346,832-34 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of $ 271,519.05 The new (Contract Sum) (Guaranteed Maximum Price), including this Change Order, will be $ 5,618,351.39 The Contract Time will be (increased) (decreased) (unchanged) by ( ) days The date of Substantial Completion as of the date of this Change Order, therefore, is NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER PDDM Tor x Par'tnerG ARCHITECT (Firm name) CONTRACTOR (Firm na e) OWNER ( irm name) 101 S#iart St., Ste. 350 4519 South 0 345 6th Street STe. 600 Bremerton WA 9A377 A ADDRESS (i ature Y (Signa re) BY (Signature) Q RrO:� = 1 �1Y1 I1— _ (Typ d ame (Ty ed n in (Typed na e) D D T DATE CAUTION You should sign an original AIA Co tract Icurnent, on which this text appears in RED An original assures that changes will not be obscured AIA Document G701 T° " — 2001 Copyright @ 1979 1987 2000 and 2001 by The American 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 Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents e-mail The American Institute of Architects legal counsel, copyright @aia org 102609 r � TM ■ Document G701 - 2001 Instructions Change Order - - - - - -- GENERAL INFORMATION Purpose - - - - -AIA Document G701 is for implementing changes in the Work agreed to by the Owner, Contractor and Architect - - -- Execution of a completed G701 indicates agreement upon all the terms of the change, including any changes in the Contract Sum (or Guaranteed Maximum Price) and Contract Time j Use of Current Documents Prior to using any AIA Contract Document, users should consult www aia org or a local AIA component to verify the most recent edition Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA There is no implied permission to reproduce this document, nor does membership in The ,American Institute of Architects confer any further rights to reproduce this document The AIA herebygrants the purchaser a limited license to reproduce a maximum of ten copies of a completed G701, but only for use in connection with a particular project The AIA will not permit reproduction outside of the i` limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA ' r Rights to reproduce the document may vary for users of AIA software Licensed AIA software users should consult the End User License Agreement (EULA) To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia'org COMPLETING G701- 2001,E Description of Change in the Contract Insert a detailed description of the change or reference specific exhibits describing, in detail, the change to be made in the Contract by /this Change Order Include any drawings, specifications, documents or other supporting data to clarify the scope of the change Determination of Costs Insert in the blanks provided, or strike out the terms in parentheses that do not apply, the original Contract Sum or Guaranteed Maximum Price, the net change by previously authorized Change Order (note that this does not 0 include changes authorized by Construction Change Directive unless such changes were subsequently agreed to _T by the Contractor and recorded'as a Change Order), the Contract Sum or Guaranteed Maximum Price prior to this Change Order, the amount of increase or decrease, if any, in the Contract Sum or Guaranteed Maximum Price, and the new Contract Sum or Guaranteed Maximum Price as adjusted by this Change Order 'cn Change in Contract Time 0 - Insert in the blanks provided, and strike out the unused terms in parentheses, the amount (in days) of the increase N or decrease, if any,m the Contract Time Also insert the date of Substantial Completion, including any adjustment ° - effected by this Change Order ` ' o EXECUTING THE DOCUMENT U When the Owner and Contractor, in occurrence with the Architect, have reached agreement on the change to be - - made in Cbntract,;inZrluding any adjustments in the Contract Sum (or Guaranteed Maximum Price) and Contract Time, G701 should be executed in triplicate by the two parties and the Architect, each retaining an original 0 o U _ (D AIA Document G701 TM — 2001 Copyright © 1979 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This Q. 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 Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects legal counsel, copyright @aia org 102609 CONTRACT CHANGE PRICING SHEET Project Park AV P61a Parking Garage Contract No 2010184 Proposal No 22 Dexrphon ContrNe Resroval per Contract Labor nab the wheal Prevalkn Dab 11 Feb 11 Aaemate Prkke kr Loaes imm 11110/1010 thnwph 2/082011 Labor tdetmd RmtdE bYbcmtrut arm aemeek/Deun m U., UC M­, U tCwt Amooet Uvt Cos Amomt Amouvt ToW Does Corte Rlxnove Broken Concrete per Contractiemt Pncl er Load For Period From 11/102010 to 1212011 Prlcl per Ton Number of Loads and Tans Ace Paving Company 11/10 Ticket No 7182633, 7182634 3 load 45000 135000 1 135000 Tlcket No 7182772 8277 182776 Ace Pavina Company 11/12 7182779 10 load 45000 450000 1 450000 Ace Pavina Company 11/15 Ticket No 7182857 1 load 45000 45000 1 45000 Ticket No 7182887 7182920 7182893 Ace Paviria Company 11/16 7182898 7182899 10 load 45000 4500.00 1 450000 Ticket No 7182928 7182938 7182938 Ate Paying Company 11/17 7182941 7182960 13 load 45000 585000 1 585000 Ace Pavi Company 11119 Itket o 71829 1 load 45000 45000 1 45000 Ace Pavl Company 1129 T 1 C et o 1 30 1 load 45000 45000 1 45000 Ate Pa Clan an 11/30 Tlcket NO 7183146 1 load 45000 45000 1 45000 Ace Pavl Can an 12/1 Ticket No 7183203 1 load 45000 45000 t 45000 Ace Pavi Company 122 Ticket NO 7183243 1 load 45000 45000 f 45000 Ace Pavl Company 1218 Ticket No 7183402 1 load 45000 45000 I 45000 Ace Pavl Company 1229 Ticket No 71841 7184211 7184221 6 load 45000 270000 t 270000 Ticket No 7184934 7184920 7184921 Ace Paviorc Company 1/31 71849177184916 5 load 45000 225000 S 225000 Ate Pavina Company 1/5 Ticket No 71843627184351 7184357 3 load 45000 135000 S 135000 Ticket No 7184366, 7184389 7184371 Ace Pavinin Company 16 7184373 7184385 7184381 21 load 45000 945000 1 945000 Ace Paving Company 120 Ticket No 7184612 7184624 5 load 45000 Z250 00 f 225000 Ace Pavina Company 121 Ticket No 71846567184662 71846% 32 load 45000 1440000 1 1440000 Ace Pavina Cana 2/1 Ticket No 71849477184939 7184946 33 load 45000 1485000 1 1485000 Ticket No 71849837184987 7184979 7184980 7184972 7184973 Ace Pavinp Company 22 7184968 7184969 8 load 1 450001 360000 1 1 360000 Ace Pavino Company 22 Ticket No 71850207184996 2 load 1 450001 90000 1 90000 Ticket No 71850227185024 Ace Pavina Company 214 71850307185050 4 load 1 45000 180000 f 180000 Ticket No 71850927185095 Ace Pavina Company 2/7 71850797185086 4 load 45000 160000 1 180000 Ticket No 7185134 7185097 Ace Pavin Company 2/8 7185112 7185128 5 load 450.00 225000 1 225000 Subtotals 7695000 f 7695000 Indirect Costs Supervision (2% of Cost) 1 539 00 1 1 539 00 Safety (2% of Direct Labor) 1 539 00 1 153900 Travel Allowance Misc Supplies (3% of Direct Labor) Charge Order %sparation Subtotals 1 539 DO 153900 1 3 078 00 Consequential Casts Small tools Saw blades Subtotals Subtotals 78 489 00 1 53RA0 1 8002&00 Bass Rate Overhead B Profit 8002800 700% 1 560196 Insurance/Performance/Payment Bond 295% f 252608 Total 1 8815604 Contract Payment per agreed to Unit Price Project Park Ave Plaza Parking Garage Contract No 2010 -184 PR 29 Description Concrete Removal per Contract Labor rate this sheet Prevailing Date 22 Aug 11 Alternate Pricing for Loadsfrom02 /092011 through 05232011 Labor Matenal Rental Equipment Subcontract Item Remark/Descnption Qty Unit U C Amount Unit Cost Amount Umt Cost I Amount Amount Total Direct Costs lomove Broken Concrete per For Period From 02/09/2011 through contract Unit Pricing per Load 05/23/2011 Pricing per Ton N umber of Loads and Ta s Ticket No 7185158, 7185139, Ace Paving Company 2/9 7185146,7185201 7 load 45000 3,15000 8 3,15000 Ace Paving Company 2/10 Ticket No 7185235,7185218,7185228 4 load 45000 1,80000 8 1,80000 Ace Paving Company 2/11 Ticket No 7185289 1 load 45000 45000 8 45000 Ace Paving Company 2/16 Ticket No 7185374, 7185357, 7185375 4 load 1 45000 1,80000 8 1,80000 Ace Paving Company 2/22 Ticket No 7185465,7185466 3 load 45000 1,35000 8 1,35000 Ace Paving Company 2/25 Ticket No 7185525, 7185526 3 load 45000 1 350 00 8 1,35000 Ace Paving Company 2/28 Ticket No 7185539 1 load 45000 45000 8 45000 Ticket No 7185852, 7185863, 7185858, Ace Paving Company 3/18 7185856,7185869 15 load 45000 6,75000 8 6,75000 Ace Paving Company 3/23 Ticket No 7186047,7186030 2 load 45000 90000 8 90000 Ticket No 7186093, 7186149, 7186138, Ace Paving Company 3/24 7186150, 7186139 15 load 45000 6,75000 8 6,75000 Ticket No 7186194, 7186193, Ace Paving Company 3/25 7186185,7186187, 7186184 15 load 45000 6,75000 8 6,75000 Ace Paving Company 3/28 Ticket No 7186207 1 load 45000 45000 8 45000 Ace Paving Company 3/30 Ticket No 7186270 1 load 45000 45000 8 45000 Ace Paving Company 4/1 Ticket No 7186364 1 load 45000 45000 8 45000 Ticket No 7186439, 7186471, 7186485, Ace Paving Company 4/4 7186455, 7186422, 7186412 21 load 45000 9,45000 8 9,45000 Ace Paving Company 4/5 Ticket No 7186488 1 load 45000 45000 8 45000 Ticket No 7186785-7186819, Ace Paving Company 4/13 7186828,7186784, 7186817 11 load 45000 4,95000 8 4 Ticket No 7186947, 7186941, Ace Paving Company 4/18 7186975,7186940, 7186974, 7186946 10 load 45000 4,50000 8 4,50000 Ace Paving Company 4/26 Ticket No 7187439, 7187447 3 load 45000 1,35000 8 1,35000 Ace Paving Com an y 4/27 1 Ticket No 7187515, 7187496, 7187506 6 load 45000 2,70000 8 2,70000 Ace Paving Company 5/2 1 Ticket No 7187648, 7187655, 7187659 4 1 load 450 00 1,800 00 8 1,80000 Ace Paving Company 5/3 Ticket No 7187670,7187667 3 load 45000 1,35000 8 1,35000 Ace Paving Company 5/5 Ticket No 7187762 1 load 45000 45000 8 45000 Ace Paving Compa 5/10 Ticket No 7187843 1 load 45000 45000 8 45000 Ace Paving Company 5/16 Ticket No 7188058, 7188083 2 load 45000 90000 8 90000 Ticket No 7188077, 7188064, 7188062, Ace Paving Company 5/17 7188060, 10 load 1 45000 4,50000 8 4,50000 Ace Paving C ompany 5/18 Ticket No 7188101 1 load 45000 45000 8 45000 Ace Paving Company 5/23 Ticket No 7188223, 7188230 3 load 45000 1,35000 8 1,35000 Ace Pavin Company 6/17 Ticket No 7188751, 7188742 2 load 45000 90000 8 90000 Ace Paving Company 6/22 Ticket No 27405 1 load 45000 45000 8 45000 Ace Paving Company 6/23 Ticket No 27352, 27450 2 load 45000 90000 8 90000 Ace Paving Company 6/28 Ticke No 28471, 28493, 28466, 28492 4 load 45000 1,80000 8 1,80000 Ticket No 7189089, 7189102, 7189096, Ace Paving Company 7/13 28484 7 load 45000 3,15000 8 3,15000 Ace Paving Company 7/14 Ticket No 7189130, 7189109 6 load 45000 2,70000 8 2,70000 Ace Paving Company 7/15 Ticket No 7189137, 7189148 3 load 45000 1,35000 8 1,35000 Ace Paving Company 7/18 Ticket No 7189164 1 load 1 45000 45000 8 45000 Ace Paving Company 7/19 Ticket No 7189221,7189190 3 load 45000 1,35000 8 1,35000 Ace Paving Company 7/20 Ticket No 7189287, 7189255 3 load 45000 1,35000 8 1,35000 Ace Paving Com an 7/21 Ticket No 7189335 1 load 45000 1 45000 8 45000 Ace Pavin Com an 7/28 Ticket No 7189590 1 load 45000 45000 8 45000 Subtotals 59,40000 8 59,40000 Indirect Costs Supervision (2% of Cost) 1,18800 8 1,18800 Safety (2% of Direct Labor) 1,18800 8 1,18800 Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 1,18800 1,18800 8 2,37600 Consequential Costs Small tools Saw blades Subtotals Subtotals 60,588 00 1,18800 8 61,776 00 Base Rate Overhead & Profit 61,776 00 700%1 8 4,32432 Insurance /Performance /Payment Bond 295% 8 1,94996 Total 8 68,050 28 Contract Payment per agreed to Unit Price "' Peyan, PutAVePlanPerk1a46�+ir Cearr.e �_ 20 10.184 PR 31 i D -rip", CaecreM ll—md per C dtr lor me lib .ee Lb. rh 1 `w' aUl"a Dare 2014. 11 Prtin4f iaedr hum SM01 l rbnaai 9 11311011 u lacer rAaar,at Peab1 subeonara h saes livl UC A�ua� Umt aa A— U.0 A— Amami TaW Direct Costa Aomove Broken Concrete per r t Coo 0 Uon Pn r Load For Period From 8/412011 to 9113/2011 Pricing per Toe — NumberefLoadsand7 Ace Paving Cam 8/4 Ticket No 7189930 1 bed 1 450.00 45MW S 450.00 Ace Pena Com 8/16 Ticket No 7190431 1 bad 1 450.00 450 00 S 450.00 Ace Paving Cam 8/17 Ticket No 7190464, 7190485 3 bad 1 45000 1 50.00 S 1.350.09 Ate Paving Coutinany 8/25 Ticket No 7190938 I load 1 450.00 450.00 S 450.00 Ace Paving Company 8126 Ticket No 7191M 7191061 7191091 6 load 1 45000 2.700.00 f 700 00 Ate Paving Company 6129 Ticker No 719112 7191134 3 load 450.00 1,350.00 1 S 1,33000 Ate Paving Company 8/30 Ticket No 7191275 1 load 45000 45000 1 S 450.00 Ace Paving Company 8/31 Ticket Ti Not 71 91 91307 7191330 3 load 450.00 1,33&00 S 1 N cket No 71365, 7191365, Ace Paving Compury 911 7191399 7191406 7191424,7191440 12 bad 43000 5,40MOD S 5^W Ace Paving Company 9/2 Ticket No 7191316 1 bad 450.00 1 45000 S 45000 Ticket No 7191551 7191SS3, Am Paving Company 916 719156771916027191606 15 bad 43000 1 6,75000 S 6,7MOO Ticket No 7191631, 7191633,7191646, AmPaving Coin 9/7 7191647 S IoW 45000 2250.00 S 20000 Ace Paving Company 919 Ticket No 7191699 5 bad 45400 2 00 S 2 Ticket No 7191763, 7191774, 7191776, Ace Paving Company 9/12 7191734 10 load 450.00 4 00 S 4.SW 00 Am Paving Company 9/13 Ticket Nw 7191805 21 bad 450.00 9 00 S 9,45000 Subtotab 39,60000 S 39 ^00 lndkett Costa 792.00 S 792.00 Supervision (2X of Cost) 792 00 S 792.00 Safety (2X of Direct Labor) Travel Allowance Misc. Supplies (3X of Direct Labor) Change Order Preparation Subtotals _ — 79200 —' - -' 79200 S 1,58400 Consequential Costal Small toob Saw blades Subtotals — Subtotals 4092.00 792 00 S 41,184 00 Bare Rate Overhead A Pront 4118400 7 WXl S 2,882 88 insuravedPerfurrnaoce/Payment Bond 2.95X S 1,29997 Total S 45,366.85 1 CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 -184 Proposal No 23 Description And Anchor Bolts for Future Expanvon Labor rate this sheet PrevaJuig Date 07 Jan 1 I Labor Material Rental Equipment Subcontract Item Remark/Description Qty Unit U C I Amount Unit Cost I Amount Unit Cost Amount Amount Total Direct Costs Work well require cutting Cut Soildier Piles to Facilitate Future asphalt and excavation on Grading and Post Tensioning the West end also Ironworker Cut Piles 3000 hrs 7976 2 392 74 $ 2 392 74 Carpenter - Line and Grade 800 his 65 88 52704 52704 Carpenter - Install 4000 his 6588 2 635 20 2 635 20 Layout and Wet -set Anchor 1" Anchor Bolts Bolts in PT Deck 12500 each 200 25000 $ 25000 Layout and Wet -set Anchor 3/4" Anchor Bolts Bolts in PT Deck 22000 each 200 44000 $ 44000 Layout and Wet -set Anchor 5/8" Anchor Bolts Bolts in PT Deck 22000 each 200 44000 $ 44000 Delivery to PT deck for Laborer installation 800 each Subtotals 5 55498 1 13000 $ 6,68498 Indirect Costs Supervision (2% of Cost) 13370 $ 13370 Safety (2% of Direct Labor) 111 10 $ 111 10 Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 111 10 13370 $ 24480 Subtotals Subtotals 5 666 08 1,13000 13370 $ 6,92978 Base Rate Overhead & Profit 6 929 78 700% $ 48508 Insurance/Performance/Payment Bond 2 95% $ 21874 Total $ 7,63360 CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 -184 Proposal No 24 Description Grids L V and 12 Prowde CMU Wall Dowels Labor rate this sheet Prevailing Date 24 May 11 Labor Material Rental Equipment Subcontract Item Remark/Description Qty Unit U C I Amount Una Cost Amount Unit Cost Amount Amount Total Direct Costs Ironworker Cut Piles 120 00 hrs 7976 9 570 96 $ 9 570 96 46 Dowels total length 3 3' Total 176 dowels 100 Is 60000 60000 $ 60000 Delivery to PT deck for Laborer installation 8 00 hrs 5826 46608 $ 46608 Subtotals 10 637 04 $ 10 637 04 Indirect Costs Supervision (2% of Cost) 21274 $ 21274 Safety (2% of Direct Labor) 21274 $ 21274 Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 21274 21274 $ 42548 Subtotals Subtotals 1094978 21274 $ 11,062 52 Base Rate Overhead & Profit 11,062 52 700% $ 77438 Insurance/Performance/Payment Bond 2 95 ° / a $ 349 19 Total % 12,186 09 CONTRACT CHANGE PRICING SHEET . Project Parr Ave Plaza Parkmg Gate Contract No 2010184 Proposal No 28 Description Block aid Penetrwons Labor rate tha sheet Pmvermg Date 03 Aug 11 Labor Material Rental Ec Subcontract Item Rernark/Desm ton Una U C I Arno= Unit Cos[ I AmomLL Unit Coat Amount Amount Total Direct Costs Block out penetrations Ironworker Install 600 hrs 7976 47855 $ 47855 Dedicated Carpenter for Ingallahm Carpenter - Line and Grade and slab poor 1600 his 6598 1 054 08 1 054 08 Carpenter - Install btatall 600 his 6588 39528 39528 Cement Finishers Concrete pour 800 his; 6831 54648 Soo 4000 $ 58648 Reinforcing Steel Supply Addison Supply 1 00 LS 35000 35000 $ 35000 Subtotals 2 474 39 39000 $ 2,86439 Indirect Costs Supervision (2% of Cost) 5729 $ 5729 Safety (2% of Direct Labor) 4949 $ 4949 Travel Allowance N isc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 4949 5729 $ 10678 Subtotals Subtotals 2 523 88 39000 5729 $ 2 971 16 Base Rate Overhead & Profit 2 971 16 700%] $ 20798 Insurance/Perfotmance/Payment Bond 2 95% $ 9378 Total $ 3,27292 CONTRACT CHANGE PRICING SHEET Project Park Ave Plan Parking Garage Contract No 2010 184 Proposal No 30 Description 28 ft Exit Tunnel @ P2 Labor rate this sheet Prevatbng Wage Date 28 Oct 1 I Gabor Material Rental Equipment Subcontract Item Remark/Descnption Qty Unit I U C Amount Unit Cost Amount UM Cost Amount Amount Total Duect Costs 28 ft Exit Tunnel Q P2 Excavator 800 hrs 7853 62824 $ 62824 Operator $ 00 hrs 6941 55528 $ 55528 Dump Truck Daily Spoils and Haul Off 400 hrs 6050 24200 $ 24200 Operator - Truck Driver 400 hrs 6450 25800 $ 25800 Laborer - Underground Hand Excavation 800 hrs 5823 46584 $ 46594 Carpenter - Line and Grade 1600 hrs 65 88 1 054 08 $ 1 05408 Install Slab/Wall/Ceding Ironworker Reinforcing Steel 4800 hrs 7976 3 82848 $ 3 828 48 Install Footing and Wall Carpenter - Line and Grade Forms 9600 hrs 6588 6 324 48 600 57600 $ 6 900 48 Carpenter - Install Install Slab Forms 2400 hrs 6588 1581 12 600 14400 $ 1725 12 Cement Finishers Finish Concrete 1600 his 6831 1 09296 500 8000 $ 1 17296 Laborers Concrete pour 1600 hrs 5826 932 16 $ 932 16 Concrete Pumping Service 2 each 4 hour minimum 400 each 48000 1 92000 $ 1 92000 Conrete Ready Mix Concrete at Footings 2400 cy 7800 1 87200 $ 1 87200 Adjust Manhole lid and Laborers pour to grade 1600 his 5826 93216 200 3200 $ 96416 Detailing Wall/Slab /Ceiling Addison Construction Supply and provide Steel for Tunnel 100 Is 1 850 00 2 850 00 $ 295000 Subtotals 17,894 80 3,68200 3,79200 $ 25,368 80 Indirect Costs Supervision (2% of Cost) 50738 $ 50738 Safety (2% of Direct Labor) 35790 $ 35790 Travel Allowance Mtsc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 35790 50738 $ 86527 Consequential Costs Subtotals Subtotals 3,68200 3,79200 S 26,234 07 Base Rate Overhead & Profit 26,234 07 7 00 % $ 1,83639 Insurance/Pcrformance/Payment Bond 2 95a /a $ 82808 } Total $ 28,898 54 , CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 -184 Proposal No 40 Description Change Fire Alarm Devices at Elevator Labor rate this sheet Prevadmg Date 09 Mar 12 Labor Material Rental Equipment Subcontract Item Remark/Description Qty Unit U C I Amount Unit Cost Amount Unit Cost Amount Amount Total Direct Costs Provide Holes for mechanical work 100 Is 80000 80000 $ 80000 Excavation and Traffic Laborer Control, Grade Walks 800 firs 5823 46584 $ 46594 Layout New Curb and Carpenter Gutter 800 lira 6588 52704 $ 52704 Relocate and install power for fan relocation - Sound Relocate Electrical Electric 100 Is 65268 $ 65268 Relocate fan and ductwork - Relocate HVAC VA Mechanical 100 Is 2,216 17 $ 2,216 17 Subtotals 99288 80000 2,86885 $ 4 661 73 Indirect Costs Supervision (2% of Cost) 9323 $ 9323 Safety (2% of Direct Labor) 1986 $ 1986 Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 1986 9323 $ 11309 Subtotals Subtotals 1,01274 80000 2 962 08 $ 4 774 82 Base Rate Overhead & Profit 4,77482 700% $ 33424 Insurance/Performance/Payment Bond 2 95 ° / a $ 15072 Total $ 5,25978 V A Mechanical Change Order Price Sheet Change Order # 1 Project Name Park Ave Parking Garage Project # 190 Date Description. Remove installed duct and install in deferent location at elevator 3/5/2012 machine room as per owner provided sketch Note This proposal excluding cutting and patching concrete or blocks walls We will need five days to order materials and schedule the work Direct Labor Hours Rate Amount Sheet metal 16 7346 $1,17536 Truck Driver 25 6971 $ 17428 Totals 185 Total Labor $ 1,34964 Materials /Equipment Cost Unit Rate Amount duct materials 1 LS 48667 48667 Work truck 1 Day 4462 4462 0 0 0 0 0 Total materials and equipment $ 53129 Total of direct Cost $ 1,88093 Subcontract Subcontract $ Subcontract Supervision of direct labor cost 15% $ 20245 Safety of direct labor cost $ _ Misc Supply of direct labor cost $ _ Overhead and Profit 7% $ 13166 Subcontract Overhead and profit 10% $ _ Bond ad insurance 2 55% $ 114 Total Cost of change order excluding sale tax $ 2,21617 r h ' CONTRACT CHANGE PRICING SHEET I Project Park Ave Place Parkmg Garage Contract No 2010 -184 Proposal No 41 Dacnphon Walk Thru Punchhst Added Work on 3/7 Walk Thru Per emad from Brain Labor rate this sheet P,,dmg Wage Date 07 Mar 12 Labor Material Rental Equipment Subcontract Item Remark/Descnptron Qty Umt I U C I Amount Unit Cost I Amount Unit Cost Amount Amount Total Dnect Costs Walk Thru Punchhst Added Work on 3/7 Walk Thru Per emad from Bnan Install Anchors/Rails/ Field East Side Stair Handrails Welding 32 00 hrs 7976 2 552 32 1 50000 1 50000 $ 4 052 32 Install Anchors/Rails/ Field West Side Stair At Breezeway Welding 2400 hrs 7976 1 91424 1 10000 1 10000 $ 301424 Patch sleeves at Staircase Cement Finishers near Fire Line 800 hrs 6831 54648 2000 16000 $ 70648 Concrete pour/Material Guardrail at Stair Number 2 setup 2400 hrs 7976 1,91424 1 00000 100000 $ 2 914 24 Delivery and laydown to PT Laborer deck for installation 800 hrs 5826 46608 $ 46608 5826 Subtotals 7,39336 3,76000 $ 11,153 36 Indirect Costs Supervision (2% of Cost) 22307 $ 22307 Safety (2% of Direct Labor) 14787 $ 14787 Travel Allowance Misc. Supplies (3% of Direct Labor) Change Order Preparation Subtotals 14787 22307 $ 37093 Consequential Costs Subtotals Subtotals 3,76000 $ 11,524 29 Base Rate Overhead & Profit 11,524 29 7 00 % $ 80670 Insurance/Performance/Payment Bond 2 95 % $ 36376 t Contract Number: 4955 Vendor: SERPANOK Subject: Park Plaza Parking Garage Department: DCD File Class: LEG 12 -1 Begin Date: 8/11/2010 End Date 12/31/2011 Review Date: 3/31/2012 Vault Date- Comments: Change Order #1 12/2/10; Change Order #2 1/5/11, Change Order #3 2/2/11; Change Order #4 8/31/11, Change Order #5 3/9/12 I TM Document G701 - 2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER 0 5 OWNER KI Park Avenue Plaza Garage DATE March 9 ' 2012 Burwell and Park Street ARCHITECTJ7 Bremerton, WA CONTRACTOR K7 TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER FIELD ❑ Serpanok Construction CONTRACT DATE 4519 South Orchard Street OTHER ❑ Tacoma, WA 98466 CONTRACTFOR The Contract is changed as follows (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) PR # 32 - Additional Sidewalk Demo and Construction on Burwell: $11,088.77 PR # 33 - Relocate Electrical Room Panels: $ 8,426.97 PR # 35 - Infill Penetrations at Elev /Shafts: $ 12,882,58 PR # 36 - Add Floor Drains @ Breezeway: $ 6,757.59 PR # 37 - Revised Striping: $5,182.85 PR # 38 - Flush City Fire Line: $1,115.73 The original (Contract Sum) (Guaranteed Maximum Price) was $ 5 400, 000.00 The net change by previously authorized Change Orders $ — 99, 252.15 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was $ 5, 300, 747.85 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of $ — 46,084-49 The new (Contract Sum) (Guaranteed Maximum Price), including this Change Order, will be $ 5,346,832.34 The Contract Time will be (increased) (decreased) (unchanged) by ( ) days The date of Substantial Completion as of the date of this Change Order, therefore, is NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER PDDM—Lnrax Partners ARCHITECT (Firm name) CONT CTOR (Firm name) C OWNE (Ftrm name) 101 Stuart Street, Ste. 350 4519 South rc St. 345 6th St, Ste. 600 ? B(S D A gnature) Y (Sig to ) BY (Signat e rian Fyall Hutchinson (Typed name) (Type nam (Typed na ) ;110 /X_� DATE' DATE DATE CAUTION You should sign an original AIA Contract Document, on which this text appears in RED An original assures that changes will not be obscured AIA Document G701 TM —2001 Copyright @ 1979, 1987 2000 and 2001 by The Amercan 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 Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents e-mail The American Institute of Architects legal counsel copyright @aia org 102609 CONTRACT CHANGE PRICING SHEET a Project Park Ave Plaza Parking Garage Contract No 2010 184 Proposal No 32 Descnphon Additional Sidewalk Demo and Construction on Burwell Labor rate this sheet Prevailing Wage Date 05 Dec 1 I Aer Labor Material Rental Equipment Subcontract Item Remark/De scn non Qty Unit U C Amount Unit Cost Amount Unit Cost Amount Amount Total Direct Costs Demolition Excavator 800 lira 7853 62824 $ 62824 Operator 800 hrs 6941 555 28 $ 55528 Dump Truck Daily Spoils and Haul Off 400 hrs 6050 24200 $ 24200 Operator - Truck Driver 400 hrs 6450 25800 $ 25800 Excavation and Traffic Laborer - Underground Control, Grade Walks 800 hrs 5823 46584 $ 46584 Layout New Curb and Carpenter - Line and Grade Gutter 2400 hrs 65 88 1 581 12 $ 1 581 12 Carpenter - Install Install Curb and Gutter 2400 hrs 6588 1581 12 600 14400 $ 1 72512 Cement Finishers Finish Concrete 2400 hrs 6831 1,63944 500 12000 $ 1 75944 Laborers Concrete pour 2400 hrs 5826 1,39824 $ 1 39824 Conrete Ready Mix Concrete at Footings 1400 cy 7800 1 09200 $ 1 09200 Subtotals 8,34928 26400 1,09200 $ 9,70528 Indirect Costs Supervision (2% of Cost) 19411 $ 19411 Safety (2% of Direct Labor) 16699 $ 16699 Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 16699 19411 $ 36109 Consequential Costs Subtotals Subtotals 26400 1,09200 $ 10,066 37 Base Rate Overhead & Profit 10,066 37 700% $ 70465 Insurance/Performance/Payment Bond 2 95% $ 31775 Total $ 11,088 77 CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 184 Proposal No 33 Description Relocate Electrical Room Panels Labor rate this sheet Prevailing Date 10 Jan 12 Labor Material Rental E uipment Subcontract Item Remark/Descnption Qty Umt U C Amount Unit Cost Amount Unit Cost Amount Amount Total Direct Costs Relocate Electrical Sound Electric 1 00 Is 7 500 00 $ 7 500 00 Subtotals 7 500 00 $ 7,50000 Indirect Costs Supervision (2% of Cost) 15000 $ 15000 Safety (2% of Direct Labor) Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 15000 $ 15000 Subtotals Subtotals 7,65000 $ 7 650 00 Base Rate Overhead & Profit 7,65000 1 700%1 $ 53550 Insurance/Performance/Payment Bond 2 95% $ 241 47 Total $ 8,42697 � W Larry Hutchinson From Brian Fyall Sent Wednesday, January 11, 2012 12 01 PM To. Larry Hutchinson Cc Igor @serpanok com, Vladimir Usach Subject Re PR 33 Importance* High Larry I talked with Gary, proceed with work Please send back up U {r A X p a r t n e r s Snan Fyall 101 Stewart St, Suite 350 Seattle, WA 98101 206 718 -6371 On Jan 10, 2012, at 4 17 PM, Larry Hutchinson wrote Brian I will get you Vlad's backup as soon as I get it But here is the PR � o L HL'tct w,on General Management c D evelopment, In c. 20 - - 8466 fa 2 1 - 13 -404 1 998 Let us build-a-Team_f"...Ahen Tea Up and bmmd_aP eci CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 184 Proposal No 35 Description Inftll Penetration at Elevator Shaft per Drawings dated 2/6/2012 Labor rate this sheet Prevailing Wage Date 06 Feb 12 Labor Material Rental Epp ment m Subcontract Item Remark/Descn tion Qt Unit U C Amount Unit Cost Amount Urn Cost Amount Aount Total Direct Costs Carpenter - Line and Grade Install Anchors /angles/bolts/ 3200 firs 65 88 2 108 16 $ 2 108 16 Install Slab Reinforcing Ironworker Steel 1200 hrs 7976 957 12 1 10000 $ 2057 12 Cement Finishers Finish Concrete 3200 hrs 6831 2,18592 500 16000 $ 2 345 92 Concrete pour/Material Laborers setup 2400 hrs 5826 1,39824 $ 1 398 24 Laborers 3 Laborers on pump hose 2400 hrs 5826 1,39824 $ 1 39824 Concrete Pumping Service 2 each 4 hour minimum 1 00 each 48000 48000 $ 48000 Conrete Ready Mix Concrete at Footings 1500 cy 7800 1 17000 $ 1 17000 Addison Construction Supply Mlsc Steel 100 Is 22500 35000 $ 35000 Subtotals 8,04768 2,78000 48000 $ 11,307 68 Indirect Costs Supervision (2% of Cost) 22615 $ 22615 Safety (2% of Direct Labor) 16095 $ 16095 Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 16095 22615 $ 38711 Consequential Costs Subtotals Subtotals 2,78000 48000 $ 11,694 79 Base Rate Overhead & Profit 11,694 79 700% $ 81864 Insurance/Performance/Payment Bond 2 95% $ 36915 Total $ 12,882 58 Larry Hutchinson From Brian Fyall Sent Thursday, February 09, 2012 1140 AM To Larry Hutchinson Subject. Re PR 35 Larry Proceed with infill of concrete slabs per attached PR Scope to include P -3 future elevator opening P -4 future elevator opening and trash chute opening P -5 future elevator opening, trash chute opening, future stair opening (east stair) and future stair opening (west stair except for access opening) R A X partners anan Fyal1 rot Stewart St, Suite 350 Seattle, WA 981©1 206 718 -6371 On Feb 9, 2012, at 8 S AM, Larry Hutchinson wrote R/ianagem,ent & Development, Inc. I wtoo -�qb �4F-6 :IA , � '- �?L 1998 Let us_tzu d-a- TeantfW& .then Team Up and build a Pro I I <PR 35 pdf> f i J� F iGMi _ K :xL nos FL%4 wr E I7f' fir' < 1 f" FLY. . t lHfTi 9 � i c a « •' sio slur RAJ Ut Mu i I kfam J ti u 4 � 14) i4 ' } e mo t �T,�d• � -�ti 1 CL { f Cftf d — ST E, i � r n i i Palk A s p � fB ! I FAi J L e ST)", 4 P- KM I EAST 'l b �� u t : u 4s t�vn ) L NN CfSF IAT_ AKA Q, Olft arr, t 1 O�OiYOSe `wVV/ �P3_ EAST _ MILD STEEL PLAN S2. nY4 f . ---------- L —, T pr- IT WME STJD V,; MIL T4N WS KR *6 t► 'p N E -,jj fm E4 ac or A *V TY? U 4 Illp JNO OP, 1 0 77, r: $AL L nmx or.KG F Ll- tnr S S, _T H tq FU 5WS of WIT P-5 r2i 0 + p- Pte WA OF WM T W FkP4 EAST MILD STEEL PLAN 1 1 9 .4 CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract NO 2010 -184 Proposal NO 36 e Description Add Floor Drams at Breezeway Labor rate this sheet Preva Wage Date 22 Feb 12 Labor Material Rental Equipment Subcomract Item R ron Q Unit U C Amount Una Cost Amount Unu Cost Amount Amoum Total Dcaet Costs Added Drains at Breezeway NW Plumbing Connections Piping and Connections 1 00 LS 601425 S 601425 Subtotals 8 6,01425 Indirect Costs Supervision (2% of Cost) 12029 8 12029 Safety (2% of Direct Labor) Travel Allowance Mlsc Supplies (3% of Direct Labor) Change Order Preparation Subtotals _ 12029 8 12029 Consequential Costs Subtotals Subtotals 8 6,13454 Base Rate Overhead & Profit 6,13454 1 700% 8 42942 Insurance /Performance /Payment Bond 295ek 8 19364 Total 8 6,757 59 yti 2 -4-'A' f t MATERIAL — 'PRICE AMOUNT e wome N.W. PLUMBING CONNECTION INC. �� PO Box 9369 XS NAME I LOCATM TACOMA, WA 98490 (253) 759-5166 • (253) 472-9910 FAX: (253) 539-9517 PHONE ORM TAKEN BY on conv"on piem pay ftm this we* order. ESCRIPTION OF WORK D AMOUNT S t6 LABOR TECHNICIAN TIME IN TIME OUT HOURS RATE AMOUNT TOTACUATERIAL f TOTAL LABOR e > WORK ORDERED BY DATE COMPLETE SIGNATURE 0 hereby acknmvwp the saWamy cam~ of the Am 4*Wmd wat I k PAY THIS A CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parkmg Garage contract No 2010 -184 PrOPMlNO 37 Deecrtptlon Revised Striping per Plan dated 1111/2012 Labor rate this sheet Ftevailtn Date 22 Feb 12 ` Labor Material Rental meat Subcontract Daeot Cons heat R Lion UM C I Amount Umt Cost Amount Una Cost Amount Amount Total Additional Striping Stanley Patrick Striping 100 is 4 612 74 S 4 612 74 Subtotals 4,61274 $ 4,61274 Indirect Costs Supervision (2% of Cost) 9225 $ 9225 Safety (2% of Dtreet Labor) Travel Allowance Mtsc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 9225 $ 9225 Subtotals Subtotals 4,70499 $ 4,704 99 Base Rate Overhead & Profit 4,70499 1 700% $ 32935 Insumnce/Performance/Payment Bond 2 95% $ 14851 Total $ 5,18285 �V t Nl/ SIGNAGE SCHEDULE DOOR TYPES FRAME TYPES A A !2 DOOR SCHEDULE I MIZ Z 5: i ME: I IT -- T- @ J MEA . &AT ROLUNG GATES 7w City of Bremerton Parl( Avenue Plaza 5mMml WA Lj JAMS AT DOOR N EAD SIMI Z SC14EDULE & SIGNAGE @LH AT ROW NG GATES g ;HRESHS 2LD . AT DOOR Zr, A8 02 L—/ 2&N�ML P4 (OPEN GARAGE) (pPLANOLLP1 (ENCLOSED GARAGE) WINICCCUPIED) PLAN ,LEVEL P2 (ENCLOSED GA:GQ City of Bremerton Park Avenue Plaza WA BUILDING j�z SUMMARY AO 04 B1 y A B B2 83 C C1 GZ D D1 D] E EI F G 2 / B qq 4 E 9f� •� b Ilk 3 EXISTING STRUCTURE g ABOVE �P zN - V a F .vnmre.aa mm � I � � � H T T f SgSgY Y i _ ________ __ ______ ____- 1! , _ — -01 B _ B DO0o0aU o a a $ City of Bremerton Park Avenue Plaza Or— WA roo PLE ST LEVEL 1 ¢ d 4 V'I a I 1 1 �— A2.01 W m PLAN BOOR LEVEL t WEST (EL 13 -6 ) Bt A B B2 83 C CI C2 D Di D1 E E1 F G $ s w. wn ru�o eras g s 01 of & V w___✓✓✓LLi0009A L lA 4- A ' � 1 - � w �- /�� TQ § a s 22 p ° SR � d 8 A � (•( J K K.8 I (� 9 • � �p 1 �� \� 6 g u F V"u dig 6 8 0 e v o g — 0 City of Bremerton Park Avenue Plaza _ &NlaYtm NA 11 wr eLa v � 2 ss�� � ( 1D s.wnr S .u.,eh s �c "Ces e o °� " e �� a ) ✓a I i PLAN LEVEL 3PAC - c � w 7 A 2.02W (� PLAN LEVEL 2 WEST (EL 22 -0 3� s C � O � s s \ � , T T T a�Me p R a 5 T V V I -co In 154 � I a Z 9 City of Bremerton Park Avenue Plaza .a,..>, <RH i � r uemmm WA p1 3 �5' Z6 7'1 x, v 3 � M , k 44 r-M g� 4 E I �r PLAN LEVEL P2 45 41 xnw �l EAST 3i \ 0 mm e.m .e PLAN LEVEL2 (EL 23 3 FAST ) ® A2 02 E x a 3" s a f E f E 0 E $ W � 3 k L � Q m 3 I EXISTING EXISTING PARKING LOT STRUCTURES of T .- l M N� I I E7 e � I 4 0 4 4 )40 a�UB I A City of Bremerton p o _ Park Avenue Plaza PLAN LEVEL 3 W EAST � - tz i O I p a� as P A2 03E Q IANLEVEL3EAST IEL 31 9) O J S S 9 d E O E W 3; L p 0 5 4 = e T k' .. L T -,- V 6 C l �V �� www w aoa.ve L � O City of Bremerton ° Park Avenue Plaza —� INamrtta, WA O r— to ,�y� q� �^ ,✓ ay a� r� �.1� a `* r :� •i" �' / 2 Yr I yr (� E t (j�► .a. rl ° q PLAN LEVEL 4 EAST VZ � L A2 04E �1 PLAN L LL 4 EAST (EL 40 3 ) CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 184 Proposal No 38 d Description I Flush City Installation of Fire line Labor rate this sheet PrevaOmg Date 22 Feb 12 Labor Material Rental Equipment Subcontract Item Remark/Descnption Qty Unit U C Amount Unit Cost Amount Unit Cost Amount Amount Total Direct Costs Flush City Installation of Fire line Smith Fire Protections 1 00 Is - 99300 S 99300 Subtotals - 99300 $ 99300 Indirect Costs Supervision (2% of Cost) 1986 $ 1986 Safety (2% of Direct Labor) Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 1986 $ 1986 Subtotals Subtotals 1,01286 $ 1,01286 Base Rate Overhead & Profit 1,01286 700% $ 7090 Insurance/Performance/Payment Bond 2 95% $ 31 97 Total $ 1,11573 V V a SM /TH FIDE SYSTEMS 1106 54th Ave East Tacoma, WA 98424 Phone 253 - 926 -1880 FAX 253 - 896 -1216 February 22, 2012 SERPANOK CONSTRUCTION 4519 S ORCHARD ST TACOMA, WA 98466 Attention: IGOR KUNITSA Reference PARK AVENUE PLAZA GARAGE SFS Job # TC10207 Proposal'D' Gentlemen The following change order is for the associated with flushing the underground piping that serves the parking garage fire sprinkler system This underground piping was installed by the City of Bremerton Smith Fire Systems will provide this work for the amount of $993 00, plus applicable state and local taxes The following is our breakdown of costs Labor 8 Hrs @ $112 00 89600 Material 9700 TOTAL $99300 All work will be performed under the original conditions of the contract Upon acceptance, please sign one copy of this letter in the space provided and return it to our office Please follow up with, any additional paperwork immediately If there are any questions, do not hesitate. -to contact me Thank y u for opportunity to make this proposal C D BY Sincerely, Brandon Cook Contract Manager Date Contract Number: 4955 Vendor: SERPANOK Subject* Park Plaza Parking Garage Department: DCD File Class: LEG 12 -1 Begin Date: 8/11/2010 End Date: 12/31/2011 Review Date: 3/31/2012 Vault Date: Comments: Change Order #1 12/2/10 Change Order #2 1/5/11 Change Order #3 2/2/11 Change Order #4 8/31/11 Y em M ' e W AIA Document G701 'm 2001 Change Order PROJECT (Name and ad*ns) - CHANGE ORDER MJIIBER: 01 OWNER: Park Avenue Plaza Garage DATE: December 2, 2010 Buwell and Park Avenue ARCHITECT TO CONTRACTOR (Name and address) ARCHITECTS PROJECT NUMBER. CONTRACTOR: Serpanok Construction, Inc, CONTRACT DATE FIELD ❑ 4519 S Ordlard St CONTRACT FOR: City of Bremerton Tacoma, WA 98466 3456 1h Street, Suite 600 OTHER ❑ Bremerton, WA 98104 THE CONTRACT IS CHAFED AS FOLLOWS: (Include, where appiwaW, any widwi&d amount attnblaable to prevwusly executed Consbudnon Change Directives) Incorporate Cantractod; Change Requests as follows. CR # 2 Remove underground gas tank discovered in alley. S 1%97236 CR # 5 Added oast dnt:to obstruction at pile S55.$3,363.59 CR # 6 Redrill pile $B5 duc to underground obsttuctran. S3,3(11.85 CR # 7 Gas line removal and trenching for new gas line in alley. S 26,18930 CR # 8 Remove concrete footings and slabs encountered per Unit Price in Contract (through November 4, 2010 $12, U931 The original Lump Sum Price was $ 5,400,000.00 The net change by pmevicusly authorized Change Orders $ 000 The Lump Sum Price prior to this Change Order was $ 5,400,000 00 The Lump Sun Price will be inarvascd by this Change Order in the amount of $ 57,215.41 The new Lump Shorn Price including this Change Order will be $ 5,457,215.41 The Contract Time will be uncliariged. by Zero ( 0) days The date of Substantial Completion as of the date of this Change Order therefore is NOTE This Change Order does snot include changes in the Co *W Sum, Contract Toe or Guaranteed Maximum Price which have been aimed by Construction Change Directive until the oast and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to std the Construction (hinge Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER PDMM I.oaax P*ft a% LW . Sen3anok C tistrudicm, Inc. City of Bremerton ARCHITECT ( new) CONTRACTOR (Farm name) OWNER arm name) 101 Street 4519 S. Orchard Street 345 6 Street, Suite 600 A 98101 Tacoma WA Bremerton. WA 9—W7 DRM 4 Wf MPd rite) I (Typed (Ty ped n one t. DATE E 7 1c DATE AIA Document 6701 — 2001. Copyright O 1979,19U. 2DOO and 2001 by The American histitio of ArcMwcts. 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Document G701"' - 2001 Change Order PROJECT (Name ard=Wass). CHANGE ORDER I =Eli: 02 OWNER Park Avenue Plaza Garage DATE- January 5, 2011 Buwell and Pait Avetuie ARCHITECT TO CONTRACTOR (N4w aid address) ARCHITECTS PROJECT NUMBER: CONTRACTOR. Serpano"Mmuction, Inc. CONTRACT DATE FIELD ❑ 4519 S OraMd St CONTRACT FOR: Tacoma, WA 98466 City of Bremerton OTHER ❑ 345 6 Street, Suite 600 Bremerton, WA 98104 THE CONTRACT IS CHANGED AS FOLLOWS. (lyclwk where qqftffW wwom- tsprded mnoumt aarnbi<toble to previmly executed Canstruchon Change Directives) hworporate'ContmObts ChW Requests as follows - CR# 1 ASI # 1- cl=804oupde sees. 568,820 63 CR# 3 Night wrort compiletepile installation at eastern portion of site. $18,932.02 CR4 4 Revise beams at opening to United Way per RF1 # 15 $7 ,51145 CA, #9 itemovakdthree imderguound storage tanks at east side of site $21,732.67 The original LumLO$tii>rh Price was $ 5,400,000.00 The net cbpp by pronously aiahrized amp Ordms $ 57,215 41 The SUMN(XP00r-t0thk9 Charige Order was $ 5,457,215.41 The Lump Sum f4oe'VA -he inaeased by this Change Order to the amount of $ 117,497 76 The now Lump Sarah Price including this Change Order will be $ 5,574,713 17 The me- TM=beby Zero ( The date of SUbRantialZompletion as of the date of this Change Order therefore is NOTE: This Change Order doesAot0chubehanges m the Contract Sum, Contract Thine or Cvuu w*W Maximum Pnee which have been - =M by im aiwoDfiective until the cost and time have been agreed upw by both the Owner and Contract &. ln whielh cue a Change Order is executed to supersede flee Construction Change Directive NOT VALID £ UNIIk-GAD BY THE ARCHITECT, CONTRACTOR AND OWNER. no PDMII�I.LeacPs�t(aiets, Ld.Cx Secpanok, C.aa>sbmarc>A, Inc � Bhemerton A RCHITECLjTV* ' i*e ) CONTRACTOR �rme now) OWNER irm nine) _7 10Sj t'e( `te350 4519 S Orchard St. 345 6th Stileet, Suite 600 WA9810 Tacom WA984 WA 98337 59 r a eg o` � tTyNd s OATEI V DATE DA E AIA Document 0701 — 2001. Copyright 01979. 1997.2000 and 2001 by The American Irahtrte or Arcliltects. Aa rights reserved. WARNING This Ale Document Is protected by U S Copyright Law and international Treaties Unauthorized reproduction or distribution of thls A10 Document, or any portion of rt, 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 15 53 38 on OSM 612011 under Order No.1774825297 1 which expires on 04r27J2012, and is not for resale User Notes. (1431005995) CONTRACT CHANGE PRICING SHEET Project Pork Ave Plau Parking Garage Contract No 2010.!84 Description Changes Per A3181 Labor rate this sheet Awyi Weg ( E:1:7 Proposal Nov 10 !ta u Labor Material Suheontru4 Duact Cap Uwt U C Arnaud Unit Cost Amount Uod Coat Amamt Amount Total Bny New Piles Brown Stratus Iavome 85935 100 11 Bay New Pita 19,17012 1917012 Brawn Strauss Invoice 83941 $ 1917012 0 0 Buy New Piles Brown Strauss -lavia 100 Is 4,778 80 4,778 8 S 4779 8 86420 100 is Bny New Piles 2,11788 2,11788 $ 211788 Brain Strauss Invoice 86423 100 la Buy New Piles Brew Straus Invvtce 86768 1 00 Is 2,647 33 2,64733 E 2,64735 Boy New Pile 77196 77196 Credit Files In Yard for Salvage Brom E 77196 a Straws - Invoice 87945 No charge, 1.194 70 SaPanok 100 Is S 000 Credit for Non Treated Lagging Smpasok Par ABromont 100 It (7,200 00) $ (7.= 00) Cunt to Handle Piles In Yard sad Make Modifications (4,00000) S (4,00000) Lonworker 82.30 M 7976 6,59&04 Laborer Cori to OIf Eiatil 13100 in 8 26 7,63206 S 6,380 04 I 3000 cy 250 7500 7,6 06 S 73 �! Drilling at deeper depths and larm Pik dismetem The most Drilling Operation diff iculty drilling is below the water level which W re. of these a Indaides cost In add the additional soldier pile at NB14 Drill Rig 4000 ha 193.20 7,808 00 Excavator lea 79 33 3,141.20 S 790200 Dump Truck 4000 brt S 3141.20 OP- 60 30 2,12000 Laborer •Underground 4000 ha 69 45 2,77800 S 2,42000 S 2 77800 40 00 his 58 26 f 2 778 40 Operator Thick Davey 4000 him 2:30 40 8000 lira 810 5448800 S 2,38000 Additional Comae at tales Noted f 5,44800 Additional CDF at piton Noted 23 W 6800 34000 S 34000 3800 145000 f 143000 Subtotals ---- -- IndemotCosa 40,79270 31,27611 ----' — `— (11,200 00) S 6086881 Suparvwon (255 of Coat) Safaty (2Ha of Duca Tabor) 1.21738 E 1,21738 Travel Allowance 81583 Mae. Supplies (356 of Dwm Labor) E 813 83 Change Order Preparation Subtamls -- - 815 _'__ --'-'� 1,21738 f 2,03323 Consequential Cosa 83 Small tools Saw blades Subtatals Subtotals 41 60855 31,27611 (9 982 62) S 62,90204 Base gate, Overhead & Profit 700% f 4,40314 w haance/perfmm un _ - ance/Paymt Had 295ak S 1,98350 Total S 69,29068 t SERPANOK CONSTRUCTION PARK AVENUE PLAZA A51 ill STEEL CHANGES PILE CURRENT PROPOSED STEEL NUMBER STEELSECTION SECTION Design Beam Changes Serpanok Recommenddtton Matt Hours Ironworker I. aborer Uses NB 15 and add a q 6 ft splice to get to the 42 3 Locate Stepl and set in NA1 W14X34 W 14 X 43 NEW BEAM REQ. Design length Splice 3 hours 4 welding block 1 EAS W 18X66 W 18 X 106 NEW BEAM REQ, Buy New Beam Locate EA2 Charge mark to EA2 W 18X60 W 18 X 106 NEW BEAM REQ Buy New Beam 1 5 N818 and cut to length 4 EA3 W 18X 60 W 18 X 106 NEW BEAM REQ Buy New Beam EA4 W 14X48 W 18 X 71 NEW BEAM REQ. Buy New Beam EAS W14X34 W 18 X 71 NEW BEAM REQ Buy New Beam Locate EAS Change mark to 2 SL 4 Locate EAG Change mark to EA6 W14X34 W 18 X 71 NEW BEAM REQ Buy New Beam 2S2 4 Locate FA7 Change mark to EA7 W14X34 W 18 X 71 NEW BEAM REO, Buy New Beam 21S3 4 ILocateEAS Change m -irk to EA8 W 14 X 34 W 18 X 71 NEW BEAM REQ Buy New Beam 2 S/ 4 locate EA9 Change mark to EA9 W 14 X 34 W 18 X 71 NEW BEAM REQ Buy New beam 2 810 4 EA10 W14X34 W 18 X 71 NEW BEAM REQ Buy New Beam 2 Locate EA10 Change mat k to EB7 4 Use NB 8 and add a 2 ft splice to get to 313 de EA11 W14X34 W 18 X 65 NEW BEAM REQ length 4 3 EAl2 W14X34 W 18 X 65 NEW BEAM RE4 Buy New Beam EA13 W14X34 W IS X 65 NEW BEAM REQ. Buy New Beam EA14 W14X34 W 38 X 65 NEW BEAM REQ- Buy New Beam EA15 W14X34 W 18 X 6S NEW BEAM REQ Buy New Beam Locate N08 In inventory and label as EAS] Stock with N88 WI-8X65 W 18 X 71 NEW BEAM RE4 Use NB19 and add a 8 tt splice to get to 35 aft 4 Revised Beams 2 NB9 W 18 X 76 W 18 X 76 Add a 2ft splice to this column 4 4 r NB10 W18X76 W18X76 Locate NB11 Change mark to N1314 Cut bottom to new Use NB20 it is longer than required, we will cut off length of 32 7 ft Stock with NB11 W 14 X 53 W 18 X 76 NEW BEAM RE4 top 2 revised beams 4 NS12 W14X34 W14X34 S34 is a 1443 can this he used here? If not buy a replacement Or use EA1 (18 x 60) if we did not N813 W 14 X 43 W 14X48 NEW BEAM RE4 use it to the new S34 Locate NB14 Change mark to NB34 W14X48 W14X48 3N835 3 Locate NB15 Change mat k to NBIS W 14 X43 W 14 X 53 NEW BEAM REQ, Use NB11 and cut off top to design length 4 NA1 1 4 NB16 W 14X48 jW14X53 INEW BEAM REQ Use Current N816 for new design 011, 12/15/2010 PAGE 1 OF 2 ASi l STEEL CHANGES 110 SERPANOK CONSTRUCTION PARK AVENUE PLAZA , ASI #I STEEL CHANGES PILE CURRENT PROPOSED STEEL NUMBER STEEL SECTION SECTION Design Beam Changes Serpanok Recommendation Man Hours NB17 W 14 X 48 W 14 X 53 NEW BEAM REQ, Uce LA3 and cut off top to d Iromvorker Lahore +r esing length 2 2 N818 W 18 X 50 W 18 X 55 NEW BEAM REQ Use EA2 @ 36 3ft no splice nceded N819 W 18 X 71 W 18 X 76 NEW BEAM REQ Buy New Beam - 2 Locate NB19 move to N08 2 Locat NB20 Change mark to N820 W 18 X 76 W 18 X 86 NEW BEAM REQ Buy New Beam 2 NB11 2 NB21 W 14 X 34 W 14 X 34 Buy Splice of 5 ft N822 W 14 X 34 W 14 X 34 Buy Splice of 5 It NB23 W 14 X 34 W 14 X 34 NB24 W 14X34 W 14X34 N825 W 14 X 34 W 14 X 34 Buy Splice of S ft NB26 W 14 X 38 W 14 X 38 NB27 W 14 X 38 W 14 X 38 Buy Splice of 5 ft NB28 W14X43 W14X43 NB29 W 14 X 43 W 14 X 43 Buy Splice of S ft N830 W 14 X 43 W 14 X 43 NB31 W14X43 W14X43 NB32 W 14 X 43 W 14 X 43 Buy Splice of 5 ft NB33 W 14 X 43 W 14 X 43 NB34 W 14 x 48 W 14 x 48 Buy Splice of S ft N835 W 14 x 48 W 14 x 48 N836 W 14 X 48 W 14X48 NB37 W 14X48 W 14 X 48 Buy Splice of 5 ft NB38 W 18 X 5o W 18 X S0 N839 W 14 X 53 W 14 X 53 Buy Splice of 5 ft NB40 W 14 X 53 W 14 X S3 NB41 W14X53 W14X53 We wonder if EA1 will work it is 36 3 ft long if S34 W 14 X 43 W 18 X 71 NEW BEAM REQ, not, we will buy a 18X71 for this location 535 W 14 X 34 W 14 X 38 NEW BEAM REQ Use EA4 or we can use N818, a heavier member r Inventory Steel In Shop to switch out steel memebers as necessary 32 64 Switch out dnd load FA1, EA2, EA3, EA4 61 12 Bz s 131 12/1s /2010 ,+' PAGE 2 OF 2 ASI 1 STEEL CHANGES Lab CONTRACT CHANGE PRICING SHEET Protect Park ArePlasapda„gUsrya contract NO 1010.181 PropoglNo' 3 DmerlpUon MSMW kat() n Rgoed Labor ritethashen. ® Data 11/32010 labor Mtemal Sniwmaaei DheotCa4 lam &aewk/Drka Usa UG Amomt Umt Cat Amoma Udt Caet I Amomt I Amour I TOW Open Concrete Plant Loup Bum Price for 3 Nights 1.w le 6,66900 1 6,669 OD Rental ofNrght Eynpment (Lghdng) Aabergs Tool & Equipment btv iorNumber(01- 134440 -07) 100 b 78079 78079 1 78079 Vac Truck Subcontract 1.00 Y 1166000 1,68000 1 1168000 Per Diem Room and Board TBghdy Charge a Rooms for 3 Nughte 12.00 ea 11800 1,38090 i 1 Night Work per Agreed Upon Raba Premium Only Night of 10/2612010 Dell Rig NO CHARGE hre 19520 Excavator NO CHARGE hre 7853 Dump Truck NO CHARGE hro 6050 28 Ton Telescoping Crane NO CHARGE hro 8471 Supavmmn - Ngbtwork 2400 hro 16.61 44864 1 44664 ' Operator 3600 hro 1861 689.96 i 66996 Labors - Underground 1200 hro 1487 17844 1 178.44 Laborer- MgM Ughbng and Safety 1200 hre 14.87 17844 1 17844 Carpenter -Lh0 and Grade 3600 hrs 1818 65448 i 65448 Night Work per Agreed Upon Rates Premium Only Mold of 10/27/2010 Dr81 Rrg NO CHARGE hrs 195.20 Excavator NO CHARGE hro 7853 Dump Truck NO CHARGE bra 6050 28 Ton Teleaeopmg Crane NO CHARGE hre 8471 Supervision - Nigbtwork 24.00 hro 1861 44664 1 44684 Operator 3600 hro 1861 66996 1 669.96 Laborer - Underground 2400 hro 14.67 35688 i 35688 Laborer - Night Lighting and Safety 1200 hro 1467 17844 4 17844 Carpenter - Una and Grade 3600 hro 1818 65448 1 654AB Night Work per Agreed Upon Rates Premium Only Night of 10/2812010 DO Rig NO CHARGE hro 19520 Excavator NO CHARGE hro 7853 Dump Truck NO CHARGE hro 6050 28 Ton Telescoping Crane NO CHARGE bra 8471 Supervision Nighnvork 20.00 hro 1861 372 20 i 37220 Opera 3000 hro 18 61 55830 i 558,30 Laborer -Underground 1000 hro 14.87 14870 1 14870 Laborer - Night Ligbang and Safety 1200 bra 107 178 44 i 17844 Carpenter - Lino and Grade 30.00 bra 1818 54540 1 64540 r lnduect Coats Subtotals 6,23740 3,82079 6,68900 1 16,72719 Bupervtswn (2% of Coat) - 334.64 1 33454 Safety (2% ofDuect Labor) 12475 i 12475 Subtotals 12475 334,64 1 45929 Subtotals Subtotals 6,36215 3,82079 7 54 t 17,13546 Base Rate w/(� Overhead &Profit 17,18648 1 700%1 1 1,20305 tj Inaurance/Performance /Payment Bond 295% 1 54249 Total 1 18,932 02 �U ✓ '� V' V✓ J /l.ru�l f l ff..ca f wfl fa .fu r a hrrasr , ..e i1 l+ct r + riA (♦ ' 1 �,ltt L' rnr a - Ib tVA tfta '9 �R ! • '! +t! l i „'T „1 4.1•! ht^ hA ij 44(p + R", AY Istwl hr kl far IJlT•!(it+ .09Mi •rpr +t c4 , M/ 1)G tuA M 116ISs � r rtrh 4+ i y} j(il nl ♦ 2V r t 2454 yr. " \ <J lit 12 o i1J 1' t %1 xt T tS11. 25_2 SMrlrl i4e ri! r+wi \ t. r •i l 15'Y t' Wn u, 4. ea 264 Lt 1 TI i' i tr,{nl If)h r f+r>hc Yd A 1, +141 A'=1 " ' •qt + e+ L, ,tt.)n , 1• A. Stw." P.l•,'U I1 h M• ut ^ t4 1 id ci_ Jc 5 Y CONTRACT CHANGE PRICING SHEET Protect FerkArePlamFadong Contract No 2010184 proposal No 9 Description I Labor rate this sheet Date 1719qw 10 Labor I ]lateral I Rental and Item Ran Unit UC I AmMUt thndCost I Amount I ihuCose I Amoum I AAmount I Total Dee Coera Removal of Fuel Phoenix Environmental 100 Is 3,24948 1 3,24948 Tank Handling Langseth Environmental Seri 100 Is 8,73292 1 8,73292 Tw*Dlsoorery tom Excavator 200 hn 7853 13706 15706 Operator 2A0 brs 6941 13882 13882 Laborer • Urdergroud Soo In 5823 17469 17469 Carpenter -Line midorade 200 bas 6588 13176 13176 Excavaronto Expose Tanks hags Excavator SOD bra 7853 392.65 39265 Operator S 00 hn 6941 34705 34705 Lebow Umhogrowd 500 In 5823 29115 29115 Carpenter - Lee and Grade Soo bra 6588 32940 32940 Exoare4onPmpera mac for Prmpag Tanks bourn Excavator 6.00 bra 7853 47118 471 18 Operator 600 1m 6941 41&46 41646 Operator - Truck Darer 300 bra 6941 20823 20823 Dump Tnack 300 bra 3939 11817 11817 Laborer - U=WV=W 1200 bra 5823 0876 6876 Aeperwm for Steam Clear ag Tennis lours Excavator 2.00 bra 7853 15706 15706 Operator 200 hn 6941 13882 13862 Labow-Undargroud 1600 Ito 5823 93168 93168 Excavation For Removal of Tanks hers Excavetor 800 bn 7853 62324 628 24 Operator 800 in 6941 35528 555 22 Laborer - Underground 1600 in 5823 93168 93168 Subtotals 7,21814 1 19,200.54 Indirect Costa Supervision (2% of Cost) 38401 1 38401 Safety (2% of Direct Labor) 14436 1 14436 Travel Allowance Mlac Supplies (3% of Direct Labor) Change Order Preparation r Subtotals 144.36 38401 1 528.37 Consequential Costa Small tools Saw blades Subtotals Subtotals t 19,72691 Base Rate Overhead & Profit 19,726.91 1 7X%I 1 1,38102 insurance/Performance/Payment Bond 295% 1 62274 Total 1 21,73267 VK-�, S�/� v 1A Document G701 - 2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER: 03 OWNER, ED Perk Avenue Plaza Garage DATE: February 2, 2011 Buwell and Park Avenue ARCHITECT. ❑ TO CONTRACTOR (Nnrme and address) • ARCHRECT'S PROJECT NUMBER: CONTRACTOR: ED Serpanok Comshuctinu, Inc. CONTRACT DATE: 4519 S Orchard St. CONTRACT FOR: City of Bremerton FIELD. ❑ Tacoma, WA 98466 OTHER. ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include. where apphohk any undisputed amount eutrtbumMe to previously executed Conduction Change Directives) Incorporate Contract r:W Proposal Requests as follows - PR # 10 install I doanotie inch grater line fiam Burwell to water service entry on P-2 level $1,604 87 PR # 11 Delete thiprbast pft and pile caps, install conventional spread footings. <$46,333 88> PR # 12 Change Shirai seer lines from United Way due to casting invert elmtions. $12,661.81 PR # 13 Cut +piles to below grade level. $29,93258 Credits noted per atte hidtequest fiom Owner PR # 14 thm PR # 17) PR# 14 Credit to ikmsWl CMU veneer. $<62,500.00> PR # 15 ILlelete Alfie4nato # 2 as itemized in original bid documents, delete scuppers at P -5 level. $40,100 00> PR # 16 Delete tiniporaq cbstings and rails and fences. <$67,5W 00> PR # 17 I'leiete civ tvorlcoAlmed including site prep beyond property line; sidewalks, gutters, stars (at 0 Street), water main, sewer saddle maxdio - 423,403.33> PR # 18 Delete giamilar fill under slabs due to nature of native materials <$17,98000> PR # 19 Delete perfaratod drain pipe at P -2 level 41,213.20> PR # 20 Cte W fitir Sato temhpotary shoring medwd. 415,000 00> PR # 21 Additiamal-t�1 for group of PR # 11 -20 $ <100,000.00> The original Lump Stan Puce was $ 5,400,000 00 The net change bipreviatisly Iniffiorized change Orders $ 174,71317 The Lump Sum Dice prior to this Change-Order was $ 5,574,713 17 The Lump.Sum Price will be in .lry this Change Order in the amount of $ 419,831.15> The new Lump Sum Ptipe mduduW this Grange Order will be $ 5,254,882.02 The Contract Trine will be unchanged by Zero ( 0) days The date of Substaft d 1 0pOripJetion as of the date of this Change Order therefore is NOTE: This Change Order does not Mclude changes in the Chad Sum, Contract Time or Guaranteed Maximum Price which have been autbimmd by Construttioi i thange Directive will the cost and time have been agreed upon by both the Owner and Contiactor. in which can a CLange Order is executed to supersede the Construction Change Directive NOT VALID UNTIL �GNED ey THE ARCHITECT, CONTRACTOR AND OWNER PDMM La= Partners, LLC Serpanok Construction, Inc City of Bremerton 101 Stewart Strom Suite 350 4519 S Orchard St 345 6 Street, Suite 600 Seattle, WA 98101 Ta� WA 98466 Bremerton, OVA 98337 _ ARMT ECT?MP*naine) CONTRACTOR (Fain name) OWNER arm name) RESS A—DD l B y L.cNr r4� (Typed k 61 .124 ) (Typed I name) 71i DATE DATE AIA Document Cs701- — 2001 Copyright ®1979, 1987, 2000 and 2001 by The American InStIM6 of Ardhiteds, M rights reserved WARNING This Ale Document is protected by U S Copyright Law and International Trestles. Unauthorized reproduction or distribution of this Ate 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 1400 32 on ONO= 1 under Order No 17748252971 which expires on 04222012, and is not for resale User Notes (1968862829) �I CONTRACT CHANGE PRICING SHEET PMIOCt Park Ave PlazaPerkmaGafte / Contract NO 2010184 Description ImcabbonofDomertre Water f Gave 11// Proposal No to Not Shown onBlectricalplow Labor rate thhsheet. preveamma w e Date 17Nav to Lobar Item R M0 � Rid Subcontract Dlreet Coats Unit U C I Amount: Und Coat I Amount Und Coat Amomd Amount Total Install Water Line Backhoe 4 00 bra 7853 31412 Operator 4 00 hre 6941 27764 31412 Laborer - Underground 8 00 hrs 58.23 465 84 27764 Pipe and Matenals 100 LS 465 84 35000 35000 35000 Subtotala 1,05760 35000 1,40760 Indirect costs Supamsion (2% of Cost) Safety (2% of Dtroot Labor) 2915 2815 Travel Allowance 2115 2115 Mma Supplies (3% of Ducat Labor) Chop Order Preparation Subtotals 2115 2815 4930 Consequential Costs Smell tools Saw blades Subtotals Subtotals 1,07875 35000 2815 1,45690 Base Rae Overhead & Profit 1,45690 7 00% 10198 IneumnCA'Perforlumme/Payment Bond 2 95% 4599 Total 1,604 87 `. V� CONTRACT CHANGE PRICING SHEET Pro)at P kA- Fl— ?eddag G;ge Codrtd NO X10.181 DmrlPfim CodyD"AagmastPibtpacam st Proposa1N0' t1 AlOmade� adlOaodlBpmdFoaMg1 Labor rotetbbea11t tYa.o Dab 17 Nov 10 IOem 16.66. Mabdd g DaOeet Cab Unit MAldt Td fhO U.0 Amoad IJoB Cad Amend UmtCad Aeaomt Amomt Tab! Ahmab ad b 32000 pet fat a 3610 011111AUpreat Pllafor Coared Alaraeb Pa FDs Qi.00) ssdp Cat for Rsbllgmd FootIrW 64040 06,410600) (58,210 D0aP7Y21alc 1 2.00 840 7m 78.53 94236 � 1240 ho 60 13 484.00 917.36 18/.00 Labow Undwp and 2140 hs t 83340 s616 �Itd !100021110" 2M lm 611!0 5 20 0,398.21 1 66.10 817 ?D 316.00 Cad Nod SpolL 2140 1111 7975 I ,914.00 81720 Cato lmpmswwecd 8at80 gstltab 28140 q 730 70250 1,911.00 2840 ay 230 7040 701.30 7000 AddismCmbomm Supply Foadag Retafbdng NewFamdam Ddffi*dAtg=WP&Femdedm SM.0D 6,70500 A&b=Csab .tk.Sappy g Cautb R-* M, Cat 10 D819111 PIU 0&"M reds BIt011 CamvtedFoo 781 6840 1910640 1.330600 1,4!040 19,!0&00 (1600) L (&001 ho am �(� � _ Uad11pmad 06.00) ho 6921 (481 op.ebt- 2l0&Ddat 0 2 .0 11 1 8° �Z6 0.&4 2) O,l - tlnetodoted. (too Its; 61.50 (316.0% (t X % 68.10 006960) (316 R d r A u i gleddlm h bRRdaPo°°b6 40) 02 ho 7975 (),398 n0 Camft Reseywa CmbAtatFaotl00gs 0300% % 68,00 (11,,60.00) Oat IMPe eM /t to lo 6 Auperad P6a pl Md kdimadD►Mab& dm 140 19 Ddll Rig opsollor 1640 to 19320 3,!23.10 21 2.50040 2'x00 1600 has 6943 1,11120 3.12320 °� 8.00 b11 X26 46648 1,11110 Dmp7 -m* goo 1111 60.50 48400 466'011 OpaOar 410dt1Mser S.00 in 6450 $16.00 49400 Cmn%Nsdy Mm taapmdd-tlosaad0m& 1600 ay RIO 1,08960 1640 CaeaabdAagevad FOmCy11 22.00 sy 680D 1.49640 40119,60 1,196 oo Subsohb 5,394 0,t564D1 0 3,7106001 9933.00 Indbsa Casb: (II 301a14nm(t% of Coo) Sefiy(1xofDir -Ulwd 0 (826 2wdADasrama 111.86 11196 M11a Soppdhe p % sfDLeaLba) 0ta6sDd0Frepandw Sabbh4 11198 (826" (715 Cm009011dd Cab Sme8tactr3mbleda 3abtobb Sabbblt 3 (1,156,W) 03.740600) 9,12606 (12961 67) � f Bas Rob OvOhaad 6: Pm6t 7 FVQ�J 0,914.33) flood 29J% !_ f <1>27 681 Talsl (16,353.8 CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 -194 Proposal No 12 Description Cast To Modify Storm Drain System Through Alley Labor rate this sheet Prevarlmg Date 06 Jan 1 J Labor Material I Rental mimumt Subcontract I -- Item Rcma&Vacnption Qty I Unit I U C I Amount I Unit Coat I Amount I Umt Cost Amount ;& Total Direct Costs Cost To Modify Storm Drain System Through Alley Includes 12 hours to excavate and determine workable invert elevations at UNITED WAY Asphalt Paving only in Alley over Storm Drain 2,50000 $ 2,50000 Pipe and fittings 100 LS 50000 50000 $ 50000 Backfill Materials 100 LS 50000 50000 $ 50000 Bobcat bfim Excavator 800 hrs 4350 34800 $ 34800 Excavator 1600 bra 7853 1,25648 $ 1,25648 Dump Truck 2400 lira 6050 1,45200 $ 1,45200 Operator 2400 bra 6945 1,66680 $ 1,66680 Laborer - Underground 1600 bra 5826 93216 $ 93216 Laborer - Underground 1600 bra 5826 93216 $ 93216 Operator - Truck Driver 1600 hire 6450 1,03200 $ 1,03200 Subtotals 7,61960 1,00000 2,50000 $ 11,119 60 Indirect Costs Supervision (2% of Cost) 22239 $ 22239 Safety (2% of Direct Labor) 15239 $ 15239 Travel Allowance Mtsc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 15239 22239 $ 37478 Subtotals Subtotals 7,77199 1,00000 2,72239 $ 11,494,38 Base Rate Overhead & Profit 11,494 38 1 700 $ 80461 Insurance/Performance/Payment Bond 2 95% $ 36282 Total $ 12,661 81 ^ ' , V Y CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parkmg Garage Contract NO 2010 -184 Proposal No 13 Description Cut Sotldter Piles to Facilitate Fume Gradmg and Post Tensioning Labor rate this sheet Date 07,7=11 Labor Matenel Rental meet Subcontrac - F. - .. t Costs t Item Remnr ion Unit U C Amount Unit Cost Amount Umt Cost Amount Amount Total Work will require cutting Cut Soildler Piles to Facilitate Future asphalt and excavation on Grading and Post Tensioning the West end also Bobcat Mot Excavator Excavation and Backfill 3200 hrs 4350 1,39200 $ 1,39200 Dump Truck Daily Spoils and Haul Off 2400 hrs 6050 1,45200 $ 1,45200 Welding Pick Up Truck Daily Use 500 Daily 3504 17520 $ 17520 Operator Excavation and Backfill 2400 bra 6945 1,66680 $ 1,66680 Ironworker cut ?des 10300 hrs 7976 8,21507 S 8 215 07 Torch and Equipment Gas and Cutting Matermis 10300 hrs 1850 1,90550 s 1 905 50 Remove CDF, remove steel to oflhaul, hand digging, paint exposed steel, backfrll Laborer and recompact 80 00 hrs 5826 4,66080 $ 4,66080 Remove CDF, remove steel to of3haul, hand digging, paint exposed steel, backfill Laborer and recompact 80 00 bra 5826 4,66080 $ 4,66080 Operator - Truck Driver Haul Spoils/Steel/CDF 3100 hrs 6450 1,99950 $ 1,99950 Subtotals 26,127 67 $ 26,127 67 Indirect Costs Supervision (2% of Cost) 52255 $ 52255 Safety (2% of Direct Labor) 52255 $ 52255 Travel Allowance h ise Supplies (3% of Direct Labor) Change Order Preparation Subtotals 52255 52255 $ 1,04511 Subtotals Subtotals 26,650 23 52255 $ 27,172 78 Base Rate Overhead 8t Profit 27,172 78 1 700%1 $ 1,90209 Insurance/Performance/Payment Bond 2 95% $ 85771 Total $ 29,932 58 Park Ave Plaza Deductive civil work Sheet Work to be deleted D -1 0 Site prep outside of building along Park Avenue and 4th Street. C -2 0 Ashphalt section between existing ashpalt and new curb and gutter along Park Avenue (including corner of Burwell) and 4th Street. See Section A -A on C -2.0 C -2.0 Concrete curb and gutter per section A -A along Park Avenue (including the corner of Burwell) and 4th Street C -2.0 Concrete driveway entrance off of Park Ave C -2.0 Concrete side walk (including associated wheel chair ramps) along Park Ave (including corner of Burwell) and 4th Street. C -2.0 Stairway, concrete walk and handrail at 4th Street See A2.03W; enlarged plan 1 /A5 01; stair detail 17 / A4 13 C -2.0 Modification of existing storm rim at the corner of Park and 4th. Base bid drawings & Permit issued drawings - - -- C-3.0 Sprinkler connection from north side of 4th Street to building. C -3 0 Water connection for future cinema - 2 inch dia line from the north side of 4th Street C -3.0 Connection for sanitary sewer as shown on base bid drawings (saddle connection & 8 inch line). Do not delete double sanitary line shown on revised sheet C -3.0. SH2.0 Repave areas distrubed by shoring operations Civil Page 1 / 6 Printed 12/30/10 9:34 AM Park Ave Plaza Deductive CMU veneer work Delete CMU veneer, associated ledgers and dampproofing as noted below. Delete metal channels as noted below. Sheet Work to be deleted A2.01W Delete veneer on east and south walls of Stair #1 A2.02W Delete veneer on east face of Stair # 1 A2.02W Delete veneer on 4th Street. A2 02W Delete veneer on Park Ave. A2.02W Delete veneer at exit from Stair # 2 A2 03W Delete free standing masonry wall & sliding gate west of electrical transformers - see. A2 03W (parallel to Grid A and south of Grid 9); elevation 2 / A3 01; details 4 & 5 / A8.02; S2.03WM footing and wall; detail N / S4.02. A2.03W Delete cmu veneer surrounding mechanical and elevator shaft A2 03E Delete veneer on south face of garage A2.04E Delete veneer on south face of garage A2.05E Delete veneer on south face of garage A3.0 Elevations 1,2,3 & 4 - delete veneer and galvanized steel angles supporting veneer. A3.02 Elevations 1,4 & 5 - delete veneer A3.11 Section 1 - delete veneer on elevator doghouse A3.21 Wall section 2 & 3 - delete steel angle, veneer and precast cap as shown. Delete steel channel at entrance to garage. A3 22 Wall sections 1 & 3 - delete steel angle, veneer and back up cmu wall at roof top A3.24 Wall section 1 - delete veneer A3 31 Enlarged elevations 1,2,3 & 4 - Delete veneer on elevator and mechanical shaft A3.51 Details 1,2,3,4 & 5 - Delete veneer and back up wall as shown. A4 01 Details W2 & W3 - delete veneer, wall ties and dampproofing between veneer and back up wall Do not delete dampproofing on exhaust wall shaft. A4.11 Detail 1 - Delete precast cap, veneer, dampproofing behind veneer (retain metal pan flashing, cmu back up wall and dampproofing on inside of mechanical shaft and top of elevator wall) A4 11 Detail 2 - Delete precast cap, veneer, dampproofing behind veneer A4.11 Detail 3 - Delete veneer and dampproofing behind veneer A4 11 Detail 4 - Delete veneer and dampproofing behind veneer A4 11 Detail 6 - Delete veneer and dampproofing behind veneer A4.11 Detail 10 - Delete precast concrete cap, veneer and dampproofing behind veneer. A4.11 Detail 11- Delete precast concrete cap, veneer and dampproofing behind veneer. A4.11 Detail 12- Delete veneer and dampproofing behind veneer CMU veneer Page 2 / 6 Printed 12/30/10 9:34 AM Park Ave Plaza Deductive CMU veneer work Delete CMU veneer, associated ledgers and dampproofing as noted below. Delete metal channels as noted below. Sheet Work to be deleted A4.11 Detail 13 - Delete veneer shown beyond A4 11 Detail 14- Delete veneer and dampproofing behind veneer A4 11 Detail 15- Delete veneer and dampproofing behind veneer A4.11 Detail 18 - Delete veneer and dampproofing behind veneer A4.13 Detail 1 - Delete precast cap, veneer, dampproofing behind veneer, cmu back up wall A4.13 Detail 2 - Delete precast cap, veneer, dampproofing behind veneer, cmu back up wall, backer rod and sealant A4.13 Detail 2 - Delete metal channel, backer rod and sealant A4 13 Detail 3 - Remove reference to cmu beyond. A4 13 Detail 4 - Remove reference to cmu beyond A4 13 Detail 5 - Remove reference to cmu beyond. A4 13 Detail 9 - Delete veneer, dampproofing and back up cmu wall A4 13 Detail 10 - Delete veneer, dampproofing and back up cmu wall A4.13 Detail 11 - Delete veneer, dampproofing and back up cmu wall A4 13 Detail 12 - Delete veneer, dampproofing and back up cmu wall A4.13 Detail 13 - Delete veneer, dampproofing, back up cmu wall and backer rod and sealant. A4 13 Detail 14 - Delete veneer, dampproofing and back up cmu wall A4.13 Detail 15 - Delete veneer, dampproofing, back up cmu wall and backer rod and sealant. A4.13 Detail 16 - Delete veneer, dampproofing and back up cmu wall AS 01 Detail 1 - Delete veneer and dampproofing surrounding elevator and mechanical shaft. A5.01 Detail 4 - Delete veneer and dampproofing behind veneer A5.01 Detail 5 - Delete veneer and dampproofing behind veneer AS 01 Detail 9 - Delete veneer and dampproofing behind veneer 45.01 Detail 11 - Delete veneer and damproofing behind veneer A5.01 Detail 12 - Delete veneer and damproofing behind veneer AS 02 Detail 2 - Delete veneer and dampproofing behind veneer A5.02 Detail 4 - Delete veneer and dampproofing behind veneer AS 02 Detail 8 - Delete veneer and dampproofing behind veneer CMU veneer Page 3 / 6 Printed 12/30/10 9 34 AM Park Ave Plaza Deductive temporary work at cinema pad Most of the work noted was included in original bid as Alternates # 2 and # 6 Do not delete fence and railing sleeves cast into concrete Sheet Work to be deleted A2.03W Delete temporary pedestrian traffic coating west of Grid K.8 A2.03W Delete temporarry fence and railings west of Grid L on all sides EXCEPT for railings at handicapped ramp from 4th Street to elevation 31' -9 ". A3 01 Detail 1 - Delete steel pipe & picket guardrail west of Grid C. A3.01 Detail 2 - Delete steel pipe and picket guardrail Do not delete guardrail at Stair per detail 9/A4.11 A3.01 Detail 3 - Delete steel pipe and picket guardrail. A3 02 Detail 3 - Delete chainlink guardrail AND guardrail 9/A4 11 between Grids L and K.8 A3 02 Detail 5 - Delete chainlink guardrail A3 11 Detail 1 - Delete guardrail near Grid B A3.11 Detail 2 - Delete guardrail near Grid A A3.12 Detail 1 - Delete guardrail near Grid 1 A3 21 Details 2 and 3 - Delete steel pipe and picket guardrail A3 23 Details 2, 3 & 4 - Delete chainlink guardrail A3.31 Detail 1 - Delete canopy, glass and wind screen shown beyond. A3.31 Detail 3 - Delete canopy and glass wind screen A3 31 Detail 4 - Delete canopy and glass wind screen. A4.11 Detail 3 - Delete traffic coating A4 11 Detail 7 - Delete traffic coating (retain waterproofing under topping slab). A4 11 Detail 10 - Delete traffic coating A4.11 Detail it - Delete traffic coating on top of wall (retain waterproofing below topping slab) A4 11 Detail 12 - Delete traffic coating on end of wall A4 11 Detail 14 - Delete canopy support shown A4 11 Detail 15 - Delete canopy (painted channel and support, alumimum channel and glass) Delete painted glazing channel and vertical glass A4 11 Detail 16 - Delete canopy (painted channel and support, alumimum channel and glass). Delete painted glazing channel and vertical glass. A4 11 Detail 17 - Delete painted glazing channel, glass and traffic coating A4.11 Detail 18 - Delete painted glazing channel and glass. A4.11 Detail 19 - Delete painted glazing channel and glass A4 11 Detail 20 - Delete painted glazing channel and glass A5 01 Detail 9 - Delete steel pipe & picket guardrail above elevation 31' -9 ". Temp work at cinema Page 4 / 6 Printed 12/30/10 9 34 AM Park Ave Plaza Deductive temporary work at cinema pad Most of the work noted was included in original bid as Alternates # 2 and # 6. Do not delete fence and railing sleeves cast into concrete Sheet Work to be deleted A5.01 Detail 14 - Delete steel pipe & picket guardrail above elevation 31' -9" A5 02 Detail 4 - Delete steel pipe and picket guardrail. E2.03 Delete temporary light fixtures (7 total) per note # 1. E2.03 Delete 2 WP fixtures west of Grid L. s Temp work at cinema Page 5 / 6 Printed 12/30/10 9.34 AM Park Ave Plaza Deductive temporary work at apartment pad Work noted was included in original bid Alternate # 4 Sheet Work to be deleted A2.05E Delete temporary pedestrian traffic coating on P5 level. A4.13 Detail 9 - Delete traffic coating A3 01 Detail 18 - Delete traffic coating and metal scupper. i Temp work at future apartment Page 6 / 6 Printed 12/30/10 9 34 AM � CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Puking earago Contract No 2010-184 Proposal No 14 Description CMU Von= Credit Labor rate this sheet Date 07 ran n Labor Material Renal Subcontract Ihrcet Costs lean Rema&0esen on Qty I Unit I U C Amount Unit Cost I Amount Unit Coat Amount Amount Total Provide Credit for CM U work at the I Exterior Portion of Alternate #2 for Alternate #2 per Contract Documents Masonry Veneer 100 LS (40,000 00) $ (40,000 00) Alternate #2 per Contract Documents Waterproofing 100 LS (10,500 00) $ (10,500 00) Precast Cap - Material and Installation from Bid 100 LS (5,000 00) $ (5,000 00) Mnsc Metal Tnm Supports (7,000 00) $ (7,000 00) Subtotals (62,500 00) $ (62,500 00) Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) Travel Allowance Mnsc Supplies (3 %ofDrrect Labor) Change Order Preparation Subtotals Subtotals Subtotals (62,500 00) $ (62,500 005 Base Rate — Overhead &Profit (62,500 00) Insurance/Performance/Payment Bond Total $ (62,500 00) V \ 1 CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010-154 Proposal No 15 DescriptlDO Temp Work at Apartment Credit Labor rate this shoat Prevail Data 07 Jan 11 Labor NWenal Rental t guboontrct Rem RemarkMescn ton Una U C Amoam Unit Cost Amount Unit Cost Ataoam Amount Total Direct Costs Temp Work at Apartment Credit Alternate #2 per Contract Documents (30,000 00) $ (30,000 00) Delete Scupper r Owners Direction PP per (100 00) $ (100 00) Subtotals (30,100 00) $ (30,100 00) Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) Travel Allowance Mae Supplies (3% of Direct Labor) Change Order Preparation Subtotals Subtotals Subtotals (30,100 00) $ (30,100 005 Base Rate Overhead &Profit (30,100 00) In surance/Performance/Payment Bond Total $ (30,100 00) ` I Y CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking ChiMe Contract No 2010.184 Proposal No 16 Description DeducuVeTeworary Work stCnsemaPad Labor rate this sheet Prevmluig Data 071an11 Lab= Material Rental ui r Subcontract hem RemaMftcn ton Qty Unit U Amonnt I Unit Cost I Amoaat Unit Cou Amount Amount I TOW Dues Cosh Deductive Temporary Work at Cinema Pad Portion ofAltemate to Delete Temporary Pedestrian Alternate #2 Per Contract Doments Coatings 100 LS (49,500 00) $ (49,500 00) Delete Rails and Fences Contract Bid 100 LS _ (18,000 00) $ (18,000 00) Subtotals (67,500 00) $ (67,500 00) Indirect Costs Supervision (2% of Cast) Safety (2% of Direct Labor) Travel Allowance h isc Supplies (3 %ofDtrect Labor) Change Order Preparation Subtotals Subtotals Subtotals (67,500 00) $ (67,500 005 Base Rate Overhead & Profit (67,500 00) Insurance/Performance/Payrnent Bond Total $ (67,500 00) CONTRACT CHANGE PRICING SHEET Proieet Park AvePl.PackftGarage Contract No 2010.184 Proposal No 17 Description Deductive (9renge for Crvilwork Labor rate this shoat Rev Data 07 Jeri Il Itein mar Material RMW ent I Sub."a: Remadt� Umt UC. Amourd UMCosi Amoma UanCaet Amamt Amourd Total Dana Costs Deductive Change for Civil Work Site Prep Along Park and 4th 40000 Sy (6 00) (2,40000) Asphalt SectionSaphalt Section Q New $ (2,400 00) Curbs 36000 SF Curb And Gutter 36000 LF (2 50) (900 00) $ (900 00) Dnvewa (9 00) (3,240 00) $ (3,240 00) 16 67 SF (26 00) (433 33) $ (433 33) Sidewalks 32000 SF (22 00) (7,040 00) $ (7,04000) Stairways, Concrete Walk and handrails at 4th Street 64000 SF (725) (4,64000) Handrails 40 0 0 LS (50 00) (2 $ (4.640 00) Modify Storm Drains (35$ (2,00000) (350 00) (35000) $ (35000) Fire main connection shown in bid 15 LF 8" Fire Main and 2" documents Domestic Water 100 IS (1,500 00) (1,500 00) $ (1,50000) Samtary Sewer Connection 20LF of 8" SS 2000 LF (20 00) (40000) $ (40000) Sanitary Sewer Connection SS Saddle Manhole 100 EA (500 00) (50000) $ (50000) Subtotals (23,403 33) $ (23,403 33) Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) Travel Allowance Mise Supplies (3% of Direct Labor) Change Order Preparation Subtotals Subtotals Subtotals (23,403 33) $ (23,403 33) Base gate Overhead &Profit (23,403 33) Insurance/Performance/Payment Bond Total $ (23,403 33) v _ �I Y CONTRACT CHANGE PRICING SHEET Proiect Park Ave Plaza Parking Garage Contract No �2ololea ---� Proposal No 18 Description Credit to Delete Granular Fill Labor rate this sheet Date 07Janl1 Labor Material Rental meld Subcontract Item Remerk/Deec on UM UC Amount Unit Cost Ameurd Urat Cost Amount Amourd Total Duct Costs Credit to Delete Granular FIII Cost per SQ Ft to Install Delete Granular Fill Delivered 17,980 00 SF (100) (17,980 00) $ (17,980 00) Subtotals (17,98000) $ (17,98000) Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) Travel Allowance Ivhse Supplies (3% of Direct Labor) Change Order Preparation Subtotals Subtotals Subtotals (17,980 00) $ (17,980 00) Base Rate Overhead & Profit (17,980 00) Insurance/Performance/Payment Bond Total $ (17,980 00) Y CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 -184 Proposal No 19 Description Credit to Delete Footing Drain Labor rate this sheet Prevai4 Date i9ran Labor Material Rental eat Subcauract Direct Costa Ran Reaurk0escti n Unit U C I Amouu I Unit Cost I __ Amount I Unit Coat I Amount I Amount Total CredlttoDelete Footing Drain Delete 4" Perforated Drainpipe from Ondlmes J to V and Oridlmes 6 to 12 (on Includes all Labor and V -Line) Materials for Installation 674 00 LF (1 80) (1,213 20) $ (1,213 20) Materials already purchased Subtotals (1,213 20) $ (1,213 20) Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) Travel Allowance Mise Supplies (3% of Direct Labor) Change Order Preparation Subtotals Subtotals Subtotals (1,213 20) $ (1,213 20) Base Rate Overhead &Profit (1,213 20) Insmance/Performanee/Payment Bond Total $ (1,213 20) l� CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza ParlungGarage Contract No 2010 -1e4 Proposal NO 20 Description Credit for Not Using Temporary Tic Backs Labor rate this Meet Fp;;za Date 19rano0 labor Material Rental Epurront I subcontract Direct Costs Item Rernark0escrustion Qty Unit UC Amount Unit Cost Amount Unit Cost Amount I Amount TOW Credit for Not Using Temporary Tie Backs Per Agreement with City of Credit for Not Using Temporary Tie Backs Bremerton 100 LS # # # # # # ## $ (15,000 00) Subtotals # # # # # # ## $ (15,000 00) Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals Subtotals Subtotals # # # # # # ## $ (15,000 00) Base Rate Overhead &Profit (15,000 00) Insurance/Performance/Payment Bond Total $ (15,000 00) CONTRACT CHANGE PRICING SHEET Project Park Ave Plena Periog Gam, Contract No 2010 -1e4 Proposal No 21 Description Credrt for Summarized Deductive Changes I l to 20 Labor rate this sheet Prev Data 19 Jar, 00 Labor Me-A Rental ent Subeontrect Dtrca Costs Item RemarivDex U. UC, Amout Unit Cost Amwnt Unit Cost Arrant Amoioa Total Credit for Summarized Deductive Changes 11 to 20 In consideration of the group of Deductive Change Proposals numbered 11 - 20 This deduct covers an agreed upon number which covers the deducts in whole Per Agreement with City of Bremerton and Serpanok (100,000 00) $ (100,000 00) Subtotals (100,000 00) $ (L00,000 00) Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) Travel Allowance Ivhse Supplies (3% of Direct Labor) Change Order Preparation Subtotals Subtotals Subtotals (100.00000) $ (100,00000) Base Rate Overhead &Profit ## # # # # # ## Insumnce/Performance/Payment Bond Total $ (100,000 00) U 1A Document G701 - 2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER* 04 OWNER Park Avenue Plaza Garage DATE- August 31, 2011 ARCHITECT ❑ Burwell and Park Avenue TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER: CONTRACTOR Serpanok Construction CONTRACT DATE- FIELD ❑ 4519 S Orchard Street CONTRACT FOR. General Construction Tacoma, WA 98466 OTHER ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) PR #25 - Part C - Revision for Cmema Loading (a3 Elevator Shaft and Support Wall S 4,906 00 PR #26 - Future Cmema Work per SEEFILM Drawings Design Collaborative Dmwmg 2 $ 33,78100 PR# 27 - Cmema Loading Modifications - Excel Tech DWG S 7,179 The ongmal Contract Sum was - $ 5,400,000 00 The net change by previously authorized Change Orders $ -145,11798 The Contract Sum prior to this Change Order was $ 5,254,882 02 The Contract Sum will be increased by this Change Order in the amount of $ 45,865 83 The new Contract Sum including this Change Order will be $ 5,300,747 85 The Contract Time will be increased by Zero (0) days The date of Substantial Completion as of the date of dus Change Order therefore is NOTE. This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. PDMM Loraz Partners, LLC Serpanok Construction City of Bremerton 101 Stewart Street, Suite 350 4519 S Orchard Street 345 6'" Street, Suite 600 Seattle, WA 98101 Tacoma, WA 98466 Bremerton, WA 98337 ARC CT (Firm nam CONTRACTOR (Firm name) OWNER (Firm name) RESS ADD BY (Signature B (Sr e B igncitua L� ��� s �✓� r (Type l na nw ) ue%* ( TYP?d � a� � (Typed main¢) 9 J 1 DATE DATE DATE AIA Document G701 T " — 2001 Copyright ®1879, 19x7, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This Ale Document is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this Ale 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 documentwas produced by AIA software at 09 39 11 on 09/15/2011 under Order No 17748252971 which expires on 0412212012, and is not for resale User Notes (1181888893) CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Alley ModiScanons Contract No Proposal No 25 Description Pan C - Revision for Cinema Loading (a) Elevator Shaft and Support Wall Labor rate this sheet ® Date 27 May I1 labor Material Remal mein Subcontract Direct Costs Item RemaddDesm on Unit U C Amount Unit Cost Amouta Unit Cost Amount Amount Total Install new concrete wall and new 12" CMU wall at Elevator Shaft for Cinema. Ironworker Tie Steel at Walls/ Fabricate 8 00 hrs 7976 63806 $ 63806 Build 2 Sided Forms and Carpenter strip 800 hrs 6810 54480 $ 54480 Deliver Forms, Set Blocks, Excavation, Backfill, Grading and Compaction, Pour Concrete and install Laborer Epoxy 8 00 hrs 5826 46608 2500 20000 $ 66608 CMU Walls Added 100 LS 1,25000 125000 $ 1,25000 Concrete 5 00 CY 8200 41000 $ 41000 Reinforcing Steel Supply Addison Supply 100 LS 82500 82500 $ 82500 Subtotals 1,64894 2,68500 $ 4,33394 Indirect Costs Supervision (2% of Cost) 86 68 $ 86 68 Safety (2% of Direct Labor) 3298 $ 3298 Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 3298 8668 $ 11966 Subtotals Subtotals 1,68192 2,68500 8668 $ 4,45360 Base Rate 5 Overhead 8c Profit 4,45360 1 700% $ 31175 Insurance/Performance/Payment Bond 2 95% $ 14058 Total $ 4,90593 Protect t'2 m L ./ a1A Engineer 14 Protect # Date � / Subject Checker Page e x e I t e c h l,c�A..�,,t, f�,l �,, �. ��`� �, 2. Date Fe 4 if 5� v • • �- wRry 1 �pL iC T� L,�cA i %Cd 2 ,0.5"@ l(o .*f !; .#r5doweU 1 /Z7 aM Y� ?c� M h-rciw wh cl- 4P f' J F- T 1 W70 A Protect // Engineer /1_ 6 Protect # l� Subject Checker Page e x e ( t e c h S�« ✓r�afl � t--r h ca � � f2 Date . 2 L V P :501 dd o ff ' - f V t Y� 1Zpr ! r f Tv SIP ,j Ct J4 i r� Mft 7 l { P g-:K el i 1 X Z 6' FP6x W70 x i Si r >`I c, S L-A-13 0 CONTRACT CHANGE PRICING SHEET Prolect ParkAwNctaParkmg(larage Contract No 2010.184 Proposal NW 26 At m Csama Work per SSPFILM Drawings Des p Coleborstrva Description Drawing 2 Labor rate this sheet Pr Date os 1.111 Labor Mafttet 2—ta Dacet Costa i Subeoarraot 4 - Una U.C. Amowd UmtCost I Amomtt Unit Con Amomd Amount Total Rebar for future CM U, Metal Embed I Plates, and Rebar for Future Topping Slabs Ironworker Install 15000 bra 7976 11,963 70 a t 1,963 70 Carpenter - Line and Grade hwall 4000 his 6588 2.63320 2,63520 Carpenter - Install Install 2400 hm 6589 1.58112 1.58112 Cement Finishers Concrete pour 4000 bra 6931 2,73240 500 200 s 2,932 40 laborers Concrete pour 3000 bra 58.26 1,74780 2.00 6000 Delivery and laydown to PT S 1,807 80 Laborer deck for installation 2000 bra 5826 1,16520 $ 1,16520 Remforomg Slid Supply Addison Supply 100 LS 540200 $ 5,40200 Provide 72 Studded Embed Steel Supply Plates 100 LS 2,15000 2,15000 $ 2,15000 Subtotals 21,825A2 7,81200 $ 29,637 42 Indirect Costs Supervision (2 %of Cost) 59275 $ 592 75 Safety (2 of Direct Labor) 43651 $ 43651 Travel Allowance Mac Supplies (3% of Direct Labor) Change Order Preparation Subtotals 43651 59273 $ 1,02926 Subtotals Subtotals 22,26193 7.81200 59275 $ 30,666 68 Base Rate Overhead dt Profit 30,666 68 1 700%1 $ 2.14667 hlsuranowPerformance/Payment Bond 2 95% $ 96799 Total S 33,781 C�� p I ( I r e aser°m �7 H Ifl ant Au P q q a a a 66RRRR g a gyy ¢4 B ¢ ®g RR �$ 1 T 9 p� N ° b v, Bremerton Cinema 10 f $ $$ � � 1 -n � 6554TH STREET �. Bremerton, WA 98337 �. I: II I I CI C4 a hi LF f N ► P • P M � Mill. s e ll r+ I�— � 13 � I I I I I v4 � 4 I lia I � gggaa - -- a Ow N F ®® p m Bremerton Cinema 10 1$ f i, < C o 655 4TH STREET q 3 N Bremerton, WA 98337 i � I I i � �,�miesaiu°°nsso°wuaeaia s nu mespos�sesu ®amse.ee,xeemaxon�mt�s ' _ _ _�__— I _ ��_ ___' � e tt� ROMIQOImMTxImINMtOmlW � xe. eer` msrcme .eOreonuw°Wee�eMera.°me ' . v°o ae�q.5n. ; ; i I I , eDnmaew�uroc pll1O e101N ND , ■eMIWR WIf M° uL [o><LYlvreee9eB�eeomMnum�wo.�ea ll�p nmien enum�ie ,e_m I i I I i ee�caomecabr�awoweae,mo■rcmc I I � I 1 orn.w m mewasaT. � I I i I I I I ' I i ° I I ` 1 °' I I I � � � eoensw�arraemernuesv�ms R, ° I � I I I i Co e Dow. W. -- I i I i I ,o" I. I f 1 I i I �iaa m -II J ('�'' - - - -- + - -- - - — - - -� - -- -- - L --'— - - --- — -- - - --- - t - °� 'I 1� l I I � � I � I K. � — euvAms .YAreI wI•wnwu � N11AID 92alOa aNAllm IIASIII7 �� � x � n.r..� °00 BS• ° wea• oIw V i S S E R R.NIDR N•�171w •I�� N• •]Ib� mom N9YN � Y' y � �.. � aea R191Y®IIRr Y � -- aaY -- .a.WMRA ' z Of11�MR1 $ � 1 IOIMIID101Mt 1 I�OIR. 19YUIDRARa CaA9R.SL YOR •0.•IIa9 m e• •w. VrAYJ.RIYYL ID'CaGCR1111L ILtS A# a taa;IDa MmN91I a SlllalR aro1919 E Oa1aW! WO9e SW w RW w.muoa to R 91.* 8 �i ro eA mete rai m R^v tam t7aol 10 Va n mu to eaueto Ron at nep ft" Rod 12 0 YMM r E esrAaaaM` rvuea '".` NCa.IRLL C ui AI nNw9 asYAMW nNmasYAme < N. . ww Nml�eiw v rn 3 tyal..�.aw � AT4° C x C Wa W Y Ni.914i a NfdIA N � N Q aJD41MI0! L dYM M7(� .HAWKS P M'•a.�m� �p r<.nN RaN 9~ IEtRM —NA Rl " -— - - _ m Yea FAL WINIW wa MA NM WaaR.NLL RIr z , , , SIOAtWaVt Cf • NISRC ra. R a^lfltLID110l1 a' AMPM?M ` ' RRawm ° i Mm9119tR. , ITIlI M m.• W e' WASflNLL IMtl1a'NLLRI! , i e••w IDlwa .ea WAIm Ilea..m RID amC• W l.IR M I tr ftj. VIM TALL W- mu l OrarRRN'LL W°av9caa 7� aA -19M MM b O t10SIp1OM.Na i91.VM faY WIR Rtr ` —"—_ 0114TR aramle y er ona9 ` ewxw Worm SEEFILM xm toaoot Matolry woe to carrels wd at W.W Foattg 20 tatmlq won to cart. veu at up or nap w. Roof 22 m-e won F.d r+. wmhg to nRp tam pool 24 Iam, AaICCRI. .AAw9elvAn. loRrm a °f pm ° a9 ®c rwtll AAr a9 ®c rNUI AAr a rag. 'r" .g 0i1 m W° ewaSK� " n�iaap� aNAlaa M1Vl ml p1yA lee N11 aXNY R•am mµ1 COMMM"a'11.0 TTYx i . I Im1VW� II R{1tAN ISO .aR falAi� m ODe•IDIIYI91 ea•e•••M Rl KM11HL aM AM MVa1VmRIP °1ID•t IRR town mr CAM R r Aie6 xonW z xoace Y.Y9 ®! TIY.14m RtDCM C.P9 —! a1fO9 RIR R191Y. �Mlal/9llVM —_ Frollm Ya:Rt1111O. •r_ I I vaieasY wAe 9AV rt.ra 7e. rtaAe n 101iOM � �C •ml0/ CONCRSI'B AND Y,� ACm'YO 6 E .tWS.tYn c cmngznm rmarry Ra ria Patemchg m Fags a R 5kb Maemq mi to o* d Pr %,* 26 51mbm6roea to Pr sw 2 1 aK9R.tiw.� ,ytai Fnmr van wiaalR to firbea It 28 n t66 cot•m to Ent»d R 2q TVVM 5ab .Iotrt 90 • ; I9 A w I a 6� � r �� Ei3 8 $7 1; L B � ABC gg i� F i n 99v4. RR 4 9 a 6 a 8�� $fi B� M gi €$ I file F71P'. I A iL i l I I II 1 - g g p #{puu # p 6 N A$ 6 $ �i ak �yF +Sii�3 A $ 1ju a p' s' ; A 4,11 1 q R. 4 �T w q 3 $$ g I I I fil ! �� �a T � � g I 4 R 4 t • � €: � -� m � pp NWIIRIMPYtl4T � A a i ;I q 9 d e+onee rria aa4� & :3 gill p. : s 88 $ w �g p j lo ll 30 � $ rp II T Bremerton Cinema 10��� U; N K 655 4TH STREET rto Bremen, WA 96337 CONTRACT CHANGE PRICING SHEET Project Park Ave Plaza Parking Garage Contract No 2010 - 18 4 Proposal No 27 Description Cinema Loading Modifications Excel Tech DWG Labor rate this sheet Prevailing Date 08 Jul i I Material Rental m merit Subcontract Item RanarkDescription Unit U C Amount Unn Cost Amount Unit Cost Amount Amount Total Direct Coad Add additional Reinforcing and Modify I Stranding for Cinema Loading per Excel Tech Ironworker Install 2000 hrs 7976 1,595 16 s 1 ,595 16 Carpenter - Line and Grade Install 800 hn 6588 52704 52704 Carpenter - Install Install 400 bra 6588 26352 263 52 Delivery and laydown to PT Laborer deck for Installation 600 hrs 5826 34956 $ 34956 Reinforcing Steel Supply Addison Supply 1 00 LS 1,95000 195000 $ 1,95000 Post Tension Supply Changes Engineering Details 100 LS 1,65000 165000 $ 1,65000 Subtotals - - -- _ -- - - - 2,735 28 - -- 3,60000 - -- - - - - -- - $ 6,335 28 Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) 5471 12671 $ 12671 Travel Allowance $ 5471 Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals -- 5471 y - - - - - -' - -� 12671 $ - 18141 Subtotals - - - -- - - - - - - - -- - -- — - - - -- - - - Subtotals 2,78999 3,60000 12671 $ 6,51669 Base Ra te Overhead & Profit 6,51669 7 00% $ 45617 Insurance/Performance/Payment Bond E 2 95%0 $ 20570 Total $ 7,17856 r 20W_ r j l l n D I I' -- - I - - -- - - - -- -- - - - -- - - -- ------- - - - - -- r r, -- I-- - -�--- ) I - - -- _ - -- - -- - -� -- I, ., , L J ` ' I` - -- -- - - -- — ©- j - - - ' -- -- - r r IpIAI v x OcK '• ' ' a e •, { - - - -�- o° -- p - --I�- p - - - -- G) I j --- - -- - -I - -- °) -- • 1 - -- - x --� - -- D - _R8 - -- - -- 8) go I � 1 I I m p, _ ° n L_ r_ , TJ I D lil 1 I ' 1 ' I m � D �_ Ir m j ig I I s $ a sp a Ri ! Pis 71 oil i a a� Bpq y !p � A p 4 � 1 � A g� P° q� � �tl� R �� ■ _______ R $ - -- - - - - - -- J I A 6 ! g 1 $ 1� Til a H P a 1 , g6, N I!1 hinthorne mott ABO 1—TS E 810 Th,M Aw S,Aa 220 Seollla WA 98704 — hdhom4moTLC 206 405 4443, 205 405 4449f i 0 k.VSe�gel e..w. wra �VW uMaar_aw as � j ( l xs , l r r ` l r-r r l at f l xr x-t sr ! ws 1 1 1 1 I 1 I I �p II 1 -- -- I T -- - - - -- - ---------------- - -- _ - - = -_ � - - - - -- - -- D - -- i - e -J - I - - -- ' ' - - - -- - - -- �' - -- ' - - - -- I �) r -- - -- �—I- — - - - -- - - - -- - - -- - -- - - - -- ~ A GJ ro If n EI lye I. gyp• \\ i ' - m uraa _ i ' -� ----------- p r = 1 1 m _ x a� IM s 9 s F J FM - ' 1 1 � Yi �x t l °J + : ) tA o �l'' f hinthorne mott (� x a 1 1 A O e A90NIlECTS `Si D 11'��ii tD p 8 X 8 I t t h ® 810 Third Ave Suite 220 Saotll, WA 98104 .— .hdhdmemotLOem 206 405 4443r 208 405 4449f Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4955 SERPANOK Park Plaza Parking Garage DCD LEG 12-1 8/11/2010 12/31/2011 10/31/2010 Comments : a O � �i ic�• Document A107T� - 2007 Standard Form of Agreement Between Owner and Contracfor for a Project of �imited Scope � AGREEMENT made as of the 11 day of August in the year 2010 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Bremerton 345 6` Street, Suite 600 Bremerton, WA 98104 and the Contractor: (Name, legal status, address and other information) Serpanok Construction, Inc 4519 S Orchard St Tacoma, WA 98466 253-573-1332 for the following Project: (Name, location and detailed description) Park Avenue Plaza Garage Burwell and Park Avenue � The Project Designer, Manager, Marketing (PDMM): (Name, legal status, address and other information) Lorax Partners LLC 810 3` Avenue, Suite 220 Seattle, WA 98104 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed tor its completion. The author may also have revised the text of the original AIA standard form. An Addftions and Deletions Report that notes added information as well as revisions to 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 necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged wfth respect to its completion or modification. AIA Document A107T" — 2007. Copyright �O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by 7he American Institute oi ���� Architects. Ali rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational 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 � mazimum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which e�ires on 11/29/2010, and is not for resale. UserNotes: (1936942161) .� TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 �ENERAL PROVISIONS 8 OWNER 9 CONTRACTOR � 10 PROJECT DESIGNER, MANAGER, MARKETING (PDMM) 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE 8� BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 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 d�ers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) � Written Notice to Proceed will be issued as date of Commencement AIA Ooeument A707TM — 2007. Copynght � 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. ,qrchitects. All rights reserved. WARNING: This AIA� Doeument is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 2 reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civii and criminal penalties, and will be prosecuted to the � maximum extent possibie under the law. This document was produced by AIA software at 15:10:46 on OS/09/2010 under Order No.7917442317_1 which e�ires on 11/29/2070, and is not for resale. User Notes: (1936942161) § 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than three hundred sixty calendar days ( 360 ) days from the date of commencement, : (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert 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 relatrng to failure to achieve Substantial Comp/etion on time or for bonus payments for early completion of the Work.) � Not applicable ARTICLE 3 CONTRACT SUM § 3.1 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 one of the following: (Check the appropriate box.) [ X] Stipulated Sum, in accordance with Section 3.2 below (Paragraph deleted) (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below) § 3.2 The Stipulated Sum shall be Five million four hundred thousand dollars ($ 5,400,000 ), subject to additions and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated 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 a/ternates. If the bidding or proposa/ documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amozrnt for each and the date when that amount expires.) § 3.2.2 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be appJicable.) Item Remove existing foundation walls Remove existing concrete slabs Credit for reduced length of auger cast piles Add for increased length of auger cast piles Credit for reduced bank cubic yards of over excavation & CDF fill Add for increased bank cubic yards of over excavation & CDF fill Units and Limitations Truck loads Truck loads Lineal foot Lineal foot Bank cubic yards Bank cubic yards Price Per Unit ($ 0.00) $450.00 $450.00 <$20.00> $35.00 <$55.00> $100.00 � (Paragraphs deleted) 11tit. aA Document A107TM — 2007. Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute ai Architects. All rights reserved. WARNING: This AIA Document is proteeted by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA� Doeument, or any portion of it, may result in severe eivil and criminal penalties, and will be prosecuted to the � maximum extent possibie under the law. This document was produced by AIA soflware at 15:10:46 on 08/09/2010 under Order No.�917442317_1 which expires on 11129/2010, and is not for resale. UserNotes: (1936942161) (7'able deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the PDMM by the Contractor and Certificates for Payment issued by the City authorized representitive the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. ( § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,: § 4.1.3 Provided that an Application for Payment is received by the PDMM not later than the' Sth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last day of the month. (Federal, state or local laws may require payment within a certain period of time.) § 4.1.4 Retainage, if any, shall be withheld as follows: � 10% except as modified by State of Washington Public Works Contrustioin statutory regulations. § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, (Insert rate of interest agreed z�pon, if arry.) I 8% § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractar has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2, and to satisfy other requuements, if any, which extend beyond final payment; I (Paragraph deleted) .3 a final Certificate for Payment has been issued by the City authorized representative. (Paragraphs deleted) ARTICLE 5 DISPUTE RESOLUTION § 5.1 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not seJect a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction.) [] Litigation in a court of competent jurisdiction (Paragraphs deleted) AIA Document A107T"' — 2007. Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. prchitects. All rights reserved. WARNING: This AIA� Document is proteeted by U.S. Copyright Law and Intemational Treaties. Unauthorized 4 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 15:10:46 on 08/09/2010 under Order No.7917442317_1 which e�ires on 11/29/2010, and is not for resale. UserNotes: � (1936942161) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed Document. 6.1.2 Remaining Contract Document are itemized in E�chibit B attached herein. (Paragraphs deleted) (Table deleted) (Paragraph deleted) � (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraph deleted) ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents aze enumerated in Article 6 and listed in Exhibit B and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order or (3) a Construction Change Directive issued by the PDMM. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. ( (Paragraphs deleted) § 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 7.5.1 The City shall be deemed the owners including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the documents. � (Paragraphs deleted) ARTICLE 8 OWNER § 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.1 The Owner shall furnish all necessary surveys and a legal descriptian of the site. AIA Document A107TM — 2007. Copyright �O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of (nit. ,qrchitects. All rights reserved. WARNING: This AIA� Document is proteeted by U.S. Copyright Law and Intemational 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 soflware at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which e�ires on 11/29/2010, and is not for resale. User Notes: (1936942161) § 8.1.2 The Conh�actor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments and chazges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 8.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Cantract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and prompmess, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the PDMM's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contractor is a representation that ttte Contractor has visited the site, become generally familiaz with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Cantract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the PDMM any errors, inconsistencies, or omissions discovered by or made lmown to the Contractor as a request for information in such form as the PDMM may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the PDMM any nonconformity discovered by or made known to the Contractor § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shal( supervise and direct the Work, using the Contractar's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions conceming these matters. § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behaif of the Contractor or any of its Subcontractors. § 9.3 LABOR AND MATERIALS § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other AIA Document A707TM — 2007. Copyright �O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The AmeriCan Institute of Init. qrchitects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and intemational Treaties. Unauthorized s reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and wili be prosecuted to the � maximum extent possible under the law. This document was produced by AIA soflware at 15:10:46 on OS/09/2010 under Order No.7917442317_7 which expires on 11/29/2010, and is not for resale. UserNotes: (1936942161) facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. (Paragraphs deleted) § 9.4 WARRANTY The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. § 9.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.6.1 Unless otherwise provided in the Contract Documents, the City shall secure and pay for the building permit. § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work lrnowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. (Paragraphs deleted) § 9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES § 9.8.1 The Contractor, as a part of Bid Submittal , has prepared the Contractor's construction schedule for the Work. The schedule has been incorparated into this Contract (see Exhibit A), shall be revised at monthly draw requests and as required by the conditions of the Work and Project. § 9.8.2 The Contractor shall perform the Work in general accordance Exhibit A unless modified and accepted by the PDMM and the Owner. § 9.9 SUBMITTALS § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the PDMM Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the PDMM reasonable time for review. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.10 USE OF SITE The Contractor shall confine operations at the site to azeas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. AIA Document A107TM — 2007. Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. ,qrchitects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 7 reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civil a�d criminal penalties, and will be prosecuted to the � maximum extent possible under the law. This document was produced by AIA sofMrare at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11129/2010, and is not for resale. User Notes: (1936942161) § 9.12 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project. � (Paragraphs deleted) § 9.14 ACCESS TO WORK The Contractor shall provide the Owner and PDMM access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, and employees of any of them from and against claims, damages, losses and expenses, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel�, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone d'uectly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemniry which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor, anyone duectly or ind'uectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 PDMM (Paragraph deleted) § 10.1 The PDMM will provide administration of the Contract and will be an Owner's representative during construction, until the date the PDMM issues the final Certificate for Payment. The PDMM will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. � § 10.2 The PDMM will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the PDMM will not be required to make exhaustive or continuous on-site inspections to check the qua(ity or quantity of the Work. The PDMM will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 10.3 On the basis of the site visits, the PDMM will keep the Owner authorized representative reasonably informed about the progress and quality of the partion of the Work completed, and report to the Owner authorized representative (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The PDMM will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The PDMM will not have control over or charge of and will not be responsible for acts or omissions of the ConVactor, Subcontractors, or their agents or employees, or any other persons or entities perfornung portions of the Work. AIA Document A707TM — 2007. Copyright �O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987. 1997 and 2007 by The American Institute ot Init. qrchitects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational 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 15:10:46 on 08/09/2010 under Order No.7917442317_1 which e�ires on 11/29/2010, and is not for resale. User Notes: (1936942161) § 10.4 Based on the City authorized representitive 's evaluations of the Work and of the Contractor's Applications for Payment, the City authorized representitive will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. I § 10.5 The PDMM and or the City authorized representative has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.6 The PDMM will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance wikh information given and the design concept expressed in the Contract Documents. ARTICLE 11 SUBCONTRACTORS (Paragraphs deleted) § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner tivough the PDMM the names of the Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the PDMM and / or City authorized representitive has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award sepazate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 21. § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Conh�act consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shali be authorized by written Change Order signed by the Owner and Contractor , or by written Construction Change Directive signed by the Owner authorized representitive. . § 13.Z Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change D'uective signed only by the Owner, by the Contractor's cost of labor, material, equipment, and 7% overhead and profit, unless the parties agree on another AIA Doeument A107T" — 2007. Copyright OO 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. qrchitects. All rights reserved. WARNING: This AIA� Doeument is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 9 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 15:10:46 on 08/09/2010 under Order No.7917442317_1 which e�ires on 11/29/2010, and is not for resale. User Notes: (1936942161) method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change D'uective. The City authorized representitive will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the PDMM will prepare a Change Order. § 13.3 The PDMM will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. The Contractor shall carry out such written orders promptly. § 13.4 If concealed or unlrnown physicai conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and PDMM promptly and before conditions are disturbed. � ARTICLE 14 TIME ' § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. I § 14.4 The date of Substantial Completion is the date certified by the Owner authorized representitive in accordance with Section 15.4.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the PDMM determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner authorized representitive may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 APPLICATIONS FOR PAYMENT § 15.1.1 Contractor shall submit to the PDMM , before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portians of the Work, prepazed in such forrn and supported by such data to substantiate its accuracy as may be require. The approved schedule, , shall be used in reviewing the Contractor's Applications for Payrr►ent. (Paragraph deleted) § 15.1.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. § 15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further wanants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.2 CERTIFICATES FOR PAYMENT § 15.2.1 The Contractor with the PDMM will review proposed Certificate for Payment and walk the site a minimum of three days prior to Certificate for Payment to confirm progress and invoice percentages. The PDMM will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the PDMM determines is properly due, or notify the AIA Document A107TM — 2007. Copyright O 1936. 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. ,qrchitects. All rights reserved. WARNING: This AIA� Doeument is proteeted by U.S. Copyright Law and Intemational 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 15:10:46 on 08/09I2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) I Contractor and Owner in writing of the PDMM's reasons for withholding certification in whole or in part as provided in Section 15.2.3. § 15.2.2 The issuance of a Certificate for Payment will constitute a representation by the PDMM to the Owner, based on evaluations of the Work and the data comprising the Application for Payment, that, to the best of the PDMM's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents priar to completion and to specific qualifications expressed by the PDMM . The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the PDMM has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitians received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 15.2.3 The PDMM and / or City authorized representitive may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, If the Owner authorized representative is unable to certify payment in the amount of the Application, the PDMM will notify the Contractor and Owner as provided in Section 15.2.1. If the Contractor and the PDMM cannot agree on a revised amount, the PDMM will promptly issue a Certificate for Payment for the amount for which the PDMM is able to make such representations to the Owner. The PSMM may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the PDMM's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials ar equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 15.3 PROGRESS PAYMENTS § 15.3.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. T'he Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractar to make payments to sub-subcontractors in similar manner. § 15.3.2 The Owner shall not have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. § 15.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 15.3.4 Included with each Progess Payment the General Contractor shall provide Conditional Lien Release or Unconditional Lien Release for all Work Completed. Geneal Contractor shall provide Subconractors Conditional Lien Releases or Unconditional Lien Releases AIA Document A107TM — 2007. Copynght O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. qrchitects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 11 reproduction or distribution of this AIA� Document, or any portion ot it, may result in severe civil and criminal penalties, and will be prosecuted to the � maximum eztent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) § 15.4 SUBSTANTIAL COMPLETION § 15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 15.4.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the PDMM a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list dces not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.4.3 Upon receipt of the Contractor's list, the PDMM and Owner authorized representitive will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the City authorized representative determines that the Work or designated portion thereof is substanrially complete, the PDMM will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a fmal Application for Payment, the PDMM will promptly make such inspection and, when the PDMM finds the Work acceptable under the Contract Documents and the Contract fully performed, the PDMM will promptly issue a final Certificate for Payment stating that to the best of the PDMM's Irnowledge, information and belief, and on the basis of the PDMM's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the fmal Certificate is due and payable. The City authorized representative's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the reyuirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 15.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; AIA Document A107TM — 2007. Copyright O 1936, 1951, 1958. 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. ,qrchitects. All rights resened. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized � 2 reproduction or distribution of this AIA� Document, or any poRion of it, may result in savere civil and criminal penalties, and will be proseeuted to the � maximum eztent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and 16.1.3. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. § 16.2 HAZARDOUS MATERIALS § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and PDMM in writing. When the material or substance has been rendered hannless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shail be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up. ARTICLE 17 INSURANCE AND BONDS § 17.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may azise out of or result from the Contractor's operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than $5,000,000 and shall include contractual liability inswance applicable to the Contractor's obligations under Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the PDMM as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. (Paragraphs deleted) 17.3 PROPERTY INSURANCE 17.3.1 General Contractor is to provide Builders Risk insurance, including flood and earthquake insurance. Maintain policy until final payment has been made. I (Paragraphs deleted) § 17.4 PERFORMANCE BOND AND PAYMENT BOND § 17.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. AIA Document A707TM — 2007. Copyright OO 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Itlit. qrchitects. Ail rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 13 reproduetion or distribution of this AIA Document, or any portion of it, may result in severe eivii and criminal penalties, and will be prosecuted to the � mauimum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08l09/2010 under Order No.7917442317_1 which e�ires on 11/29/2010, and is not for resaie. User Notes: (1936942161) § 17.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be'fizrnished. ARTICLE 18 CORRECTION OF WORK § 18.1 T'he Contractor shall promptly correct Work rejected by the PDMM and City authorized representitive or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the services and expenses made necessary thereby, shall be at the Contractor's expense, unless compensable under Section A.2.7.3 in Exhibit A, Determination of the Cost of the Work. § 18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.4.3, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the conection, the Owner waives the rights to reyuue correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. § 18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 18.5 The one-year period for conection of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 ASSIGNMENT OF CONTRACT � Neither party to the Contract shall assign the Contract without written consent of the other. § 19.2 GOVERNING LAW � The Contract shall be governed by the law of the State of Washington . § 19.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work requued by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the PDMM timely notice of when and where tests and inspections aze to be made so that the PDMM may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approval that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor. eh � (Paragraph deleted) ARTICLE 20 TERMINATION OF THE CONTRACT I (Paragraphs deleted) § 20.2 TERMINATION BY THE OWNER FOR CAUSE § 20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; AIA Document A107TM — 2007. Copyright O 1936, �951, 1958, 1961, 1963, 1966, 1970. 1974, 1978, 1987, 1997 and 2007 by The American Institute of (nit. qrchitects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemationai Treaties. Unauthorized 14 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 75:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the above reasons exists, the Owner, upon certification by the PDMM that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2. l, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the PDMM's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the PDMM, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractar shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination. This Agreement entered into as of the day and year first written above. � �i�� � i of Bremeton Serpanok Construcito c. OWNER (Signature) CONTRACTOR (Signature) Patty Lent Mayor Igor Kunitsa City of Bremerton President 345 6` Street Serpanok Construction, Inc Bremerton, WA 98337 4519 S. Orchard St. Tacoma, WA 98466 (Printed name and title) (Printed name and title) � (Table deleted)(Paragraphs deleted) AIA Document A107TM — 2007. Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. UnauthoriZed 15 reproduction or distribution of this AIA� Doeument, or any poKion of it, may result in severe civil and criminal penalties, and will be p►osecuted to the � maximum eztent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) Certi�cation of Document's Authenficity AIA� Documenf D401 T"" — 2003 I, Brian Fyall, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:10:46 on 08/09/2010 under Order No. 7917442317_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA� Document A107TM — 2007 - Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope, as published by the AIA in its software, other than those additians and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 T" — 2003. Copyright �O 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution oi this AIA� Document, or any portion of it, may result in severe civil and criminai penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA soflware at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) � � � � � ilve Level Parking (ierage (98,000 eQua►e feet) donerN Condlllone Receive noNca to proceed and aign conVacl � SuDmil borwi and insuranee documente Prepare and submit project schedule Prepere and submit achedule ot values Oblain bufldinp permlts Submil monthly raquesla for payment Long Lead Proeuromanf Submlt shop drewings and order bng lead Items - steel Submil ahop drawinga and ordei long lead items - rooflng Submil shop drewinga end ordar lang lead items - alevetor Submlt ehop drawinge end order Io�g lead iteme - plumbing Submlt ehop drawings end order long lead Items • electrlc � SubmU shop drawings and order bng lead items - HVAC Detell, labrlcete, and delNer ateel Mobflite on Sllo Inslnll lomporery power Installlampprary woler servlce Sel up sNe olfice &ol iino and g�sdo benehmoiks Prepara eite • lay down yaW nnd temporary lencing Sllo �reding end Ulllllles C�oar und grub aito Stone slte ac6esa and temporary parking area Rough grado s�ro (euf and fitl) inatati stwm drelnpgo Install e:leriW !ue �ine and building Ilra rlSer Shoring ODerelions Erect building batter boards and layout building Fourida8ona Excavate foundalions EYCavate elevator pft Shored Walis RougA-In etectric and plumbing in elevelor Form elevator pfl walls Set reintoroinp and anehor bolts Pour column piers and foundations Pro�ect: Park Avenue Plaza Dale: Fri 8/8l10 SERPANOK CONS7RUCTION 247 days Thu 8/12/10; F►17/22/11 24T days Thu B/1?/10I Frl 7/2?/11 9 deye Thu BJt?N01 Tue 8�2N10 3 deys Thu 8/12/10f Mon 6/18I10 2 days Tue B/17/10� Wed 8/18/10 2 days Thu 8/t8l10; F�i 8/20/f0 2 days Nbn B/23/10� Tue 8/2Mt0 4 days Tue 8/77/101 Frl 8/20l1a 1 day Tue B/t7/10� Tue 8/17/1Q 60 day� Tue B/17N0� Mon 1012SHU � 2 wke Wed B/18/10� � Tue 8f31/1C 2 wka Tue B/17/10� lulon B/30/ta 2 wks Tue B/17/10� Mon B/30/10 2 wks �� Tue B/17ltOj Mon 8T30/10 2 wks Tue B/17/10� Mon B/30/1C 2 wks Tue 8/17/101 Mon 8/30HC 10 wke Tue 8%17/10� Mon 10/25/1C 10 days Tue 8�17/10; Mon 8/JWta 2 days Tuo 8/17/10 Wad BI19ltt 2 days Tue 8/17/10'. Wed 8it8/1� 3 deys Thu 8/19/10 Mon 8/2J/1L 3 doya Tuo 6/2a10' Thu B�26/1( 2 daye Fd 8/27H0` Mnn 8/J0/t( 00 days Tue 8/Jt/10` Mon 10/11/1C 3 doys Tuo B/31/t0' Thu 812/tt 2 day6 Frf 8/3/10; Mo� 8/611I 1 wk Tue 8f1/10' Nbn 8/13/1� twk Tuo9n4/t0i Mon8/20/1t 1wk Tue9H4/f0' Mon9/20/1� 3 wks Tuo 9n4/10 Mon �aau 1 wk Tue 10/5l101 Mon t0/17/1L 95 daye Tue 10M4/101 Mon 11/29/1� 1 wk Tue 1N12/10� Mon t0/1B/1L 2 days Tue 10/12/10� Wed 10/13/1t 30 dajre � Tue 10/19/10T Mon 11/28/1t 4daye Thu 10/14/t0J Tue 1N19f1t 8 days Wad 10120/10' Wad 10l2771� 8 days Tue 10/19/10� Tue 10/26l1L 7 days Wed 10/27/10� Thu 11/N1( , - : � �i c O.C. peneral menagemeM G.C. proJecl mensgement.G.C. yenarol m�negement[2BlL) ' O.C, pro�eet managemsnq2bX�,6.C. sehsduler '� a.c. gens►al n�anogsment(1oxl,a.c. proJset mee.pemem , �.C. pro�ect menepamant[SO%J,G.C. proeurement(60%] Steel ereotbn eonbactor management • Eleetri eonlraetor � . ♦ Ptumb g aontreotor : ' . tuperfntendent,O.C. tabor crew(tOX) , �� . survay erow . :• $Ite yreding conaa�EOr,o.C. labor crew[tox] •• Sits groding eontractor . Slte grading eontroeta • ,� Sfte prading eonlrector 8No groding eontmctor � Plumbing eontroctor ' • �Site grading eonhactot , - • w',�3.C. 6UrvQy CMN1 i� e����e 9 .eai� a �o rough rough Task � Progrese �— Summary ��� Exlernai Tasks � Oeadline Split � , , .... , . , � , .. , � � � � Milestone ♦ Pro�ect Summary �� Externel Milestone G Crilical Paga 1 I.C. rough rpenter erew Mo eonlreo or � a►ew erew evv .� i: :�::i _ i' � �lJ NEmO -J Pour corurete etevalor walls Curo o�evator wnli eoncroto Cure ple�e and loundadons StAp wall totma Slrip column plars and foundation torms Steel Ereetion Erect steel columna, beams, and joiel- tal and 2nd lloora Inatall miseollaneous Iron ond bracl�p • tsl and 2nd Ibors tnstall miscallaneous iron and bracinp • 3rd floor and roo1 Install atalrs and mlece0arteous iron raHing Toueh•up paint on stool fom� end Pour Conerete - Floore end i1oo1 Form 2nd llaor IrxWtling all Iloor openinqs Inslell rabar and In•Ibor udlitles (ineludaing mecnnnicol, atoctricn Pour 2nd tWor s1aE Cure 2r� Itoor slab Strip lorms from 2nd Iioor slab Form 9id Ibor Includlm,� all Iloor oponings �nslall rebar and in•Iloor ulihtias (inetuding mechenkal, eloetriea�, Pour 3rd Ibor stab Curo 3rd Iloor slab Stdp forma from 3rd floor sla0 form 41h IbOr I�Cluding Wl Iloar oponings Inslall rebar and in•Iloor ut11iU9s (ineluding mechankal, eteetrlWl, Pour 411� Itoor slab Curo 41h Iloor elab SMp torms f�om 4lh Ibor slnb Form roof slnb inctuding all llooi apoNngs Inslnll robnr and In•Iloa u�iLlias (Includinp mochanical, eloetriCal, POUr rool slab Cure roof slab Sldp forms Irom rool slab Form 1sl flooi Inslatl electrka! urxlerground Insla�� D�umbing undorground Insl�ll rebnr andlndlom utllilfes �7'� 75 Pour 18t Iloor elab .[' 78 Curetalltoorslab /� � 77 Slrlp to�ms Irom tsl lbor slab � ProJec1: Park Avenue Plazn Task � Dale: Frf Bf8/10 SPlil SERPANOK CON8TRUCTION � 1v � � Progross .,...� „ ��......�.. Mllestone 7 days 7 days S days 5 days 22 daya 2 daya 2 wks 1 wk 2 wks i wk itE deys 11 days 6 doys 4 dnys 7 days 2 daye 14 days 5 days td days 7 days 2 days 5 days 5 Ooys 14 d8ys 4 dayo 2 duys S days S duys 4 days 7 dayc 2 duys 7 days 1 wk 1 wk 4 dnya 10 day6 7 days 2 daya Fri t0/29/10i AAOn 11f8/10 Fd 1 t/Sf10' Mon 11/15/10 Tue It19//0; Mon 11It5/f0 Tuo ttllWtOr Mon 11/2?110 Tuo 11/23/10, Wed 1?/21/10 Tua 11/23/t0; Wed 11124/14 Thu 11125/10, Wed 12/8/f0 Thu 11125110 Wed 1?J1/f0 Thu 17J?110� Wed tyt5/10 T�u 12/tB/10� Wed t?J2?lla Tue 11/3W10� Thu SIt?N 1 Thu 12/23/10 Thu 1!6/11 Fri tq/11� Thu 1A3/1t Fri 1114/tti Wed iH9/11 Thu 1/20/11; Ftf 1l29/11 Mon 1/3tNf Tuo?Jt/tt AAOn tlJt/i t Thu 2/17/t 1 Mont/3fnt Fd?l4rt1 Mon 9lllt t Thu ?J24/I 1 F�i ?I25111' Mon 3f7/11 Tuo 3l8/11' Wed 3/9/11 Thu 3l10/11' WBd 3118/11 ThU 3/17/11 Wed 3/23/11 Thu 3124l11' Tue 4/t?/11 Wod 4/1�I1 t: Mon 4l18111 Tue 4/19/11 Wed 4l2W11 Tu0 4/19l11 Mon 4I25/11 Tuo 4/18111 Mon 425/11 Tue 4l26111 Frl 4l28/11 Mnn 5/?J11 Tue S/1WI I Wod51111tt ThuS/t�/tt Tue i1130If0' Wed 12/8l1C Tn� ivs�io, wea �u�s�+c Thu t?J16/10� Wed 12f2211C Thu t^J2S/tOj Tua 12/28/1C Wed 1il29H0'� Tue 1/11/11 Wod 1/12/111 Thu 1f20/t 1 Fri 1/21/11:, Hbn 1/24l11 ��� Summary ��� E:temal Tasks Deadline O Pro�ect Summ9ry �r � Exlemal Mi�estone J CritiCal Pngo 2 leborc►ew Sfeel Co�h Ilon e rough carpsntsr cr Eleetrle eoniraelo� � Plumbing tonb .O.C. tabor o L• '�::v : `r_^iu� � _s• ID 1 _ ITask Name 79 Inslall ozlerior Frames and malals 80 Masonry Work 61 Install oxlotlor masonry woAc 82 Clcan masonry 83 Noofing 8A InslNl tWgtilng at patapet weps 85 Pour Ifghtweighl concrole rool lill 88 install rooling matorial B7 Set rooltop equipmonl 68 Elevaton 89 Set elevetor eqmpmenl in shafls 80 Set equlpment In mahnnieal room g1 Test ond olign doors and oqulpmonl 92 Ptumbing 93 Tie•fn firo qne riser and eal vnlvee 84 Set pfumbing lixlures and I�Im 85 Flush, tes1, and cloan piping and hxtures 86 Elxtrleal B7 Rough•in etoCtricnl In mosonry walte 98 Pull wire In eo�duit and set area Iransformars 99 Inatall and lerminata oteetrical dovieee 100 Meko oleelrlcal tormtnatlons lor NVAC oqulpmont �01 Inalall ikght fixNres • tast and clean 1D2 Heeting nnd Ventllating • AC 103 Sol aquipmcnt In mahanical room �04 Rough•In meehaNcal in masonry watls 105 Q Inelall duel in bulldinp ehase 108 � Sat HVAC Irim end test and Oatance syslom �07 finel Clesn�up end Oeeupanoy 108 Ins18115ignage 109 Cieun Iioors 110 Remove de0+�s Irom buliding und do Bnal cloan•u0 � 1 I 1 Substenlint completi0n dAle 112 Complete F1�eI Inepeetione t t3 Complete e�evator Inspecllon end ceniticatbn 110 Petlorm archilecCe Inspeclion 11 B PeAorm IOCaI buiWing BgenCy Inspetllon 1 t8 PeHOrm lire maraAel't inspeetron � Pro�oct: Park Avenuo Plua Taak � Progross � Oate:FrfBl8l10 Spi�t .� ................. Miteslone SERPANOK CONSTRUCTION 1 w1� 1 S days 2 wkb 1 wk 21 days 4 ddye 2 doys 5 days 1 wk 15 days 1 wk 1 wk t wk �o eay� I wk 1 wk 1 wk 99 doye 4 wNa 3 wks 3 wks 2 days 2 wks 209 daya t wk 2 wks 2.8 wka 2 wks 51 deys 1 wk 1 day 2 days 1 Aay 8 doye 3 days t day 1 day 1 dav Fr161i3/11, Thu Wi9l11 Fd 5It3711 Thu 5/19/11 Frl 5/20J11 Thu 6/8111 Fri Sf20/11 � Thu Bi2/11 Frl 6/3/11 Thu 6/9111 Wed 9111/11. Wed B/B/tt WedS/Itl11l MonS/1Wt1 Tue5/17f1t� WOd5/18/11 Thu 5/28l1 L Wed Bfi/11 Thu W7J11 Wed B/A/11 Wed 5/11/11 Tue S137/11 Wod 5/t t/t t; Tue 51t7/11 W0A 5718/f 1 Tue 5l2N11 Wed 5125l17 Tuo 5/3t111 F.i snon �` m� srzy» Fri 6/10/11 Thu 6/1N11 fri6110/7t TAU61t61t1 Fri 8/171t t Thu BrZ.V11 Tuol/26H/ FrIBI1QH1 Tuo t/25/11 Mon ?J21/11 Tue 2122111 Mon 3/14/t t Tuo 3/15/11 Mon 4/4/11 Thu B/9/11 Fri 6110/t 1 TuB 4/5/1 t Mon 6/1B/11 Tue8�1/t0, Fr16/17/11 ruo 9�3tno� Mon 918tta Tue 1l25lf 1 Mon 2/7/11 Tue 9/7n0: MOn 4/4f11 Mon 8/8l11 Fri 8/17/11 Tue Ni8/11 Tuo 8/28/11 Tue dJ19/11 Mon 4/25111 Tue 4/28/11 Tue 4/28/11 fri 6/24111 AAon 8/27l11 Tuo 6/28111 Tue 6/28/11 Tue 8128/11 i Tuo 7/6l11 Tue 8/26r11 Thu 6/30/11 Fri 7/tfl 1 � Fd 7/1/11 Mon 7/4I11 � Mpn 7!4/11 Tue 7/5111 Tue 7f5/11 eontracror aa�ama� � Summary � Bxtemal Tasks � Oead��ne ♦ ProJeel Summery ct=—+.7 Extemaf M,Iestone > Critical Pago 3 �a� �:s::v:nr.�:�:s♦ \ �� 1' � � � � �' �� �� . � � t .� �� 0 � �� � � \� �� Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description Release Date PR03ECT MANUAL --------- Project Manual - City of Bremerton Park 01 15-]ui-10 Avenue Plaza Including Geotechnical Engineering Design O1 29-Jun-10 Study Park Avenue Plaza DRAWINGS ARCHITECTURAL PLANS Cover sheet A0.00 List of drawings. Project Team. Generai Information A.04 Building Summary A1.02 Architectural Site Plan A2.01 Plan Level P-1 A2.O1W Plan Levei i West A2.02 Plan Level 2 A2.02W Plan Level 2 West A2.02E Plan Level 2 East A2.03 Plan Level 3 A2.03 W Pian Level 3 West A2.03 E Plan Level 3 East A2.04 Plan Level 4 A2.04 E Plan Level 4 East A2.05 Plan Level 5 A2.05 E Plan Level 5 East A3.01 Exterior Elevations Phase 1 A3.02 Exterior Elevations A3.11 Building Sections A3.12 Building Sections A3.21 Wall Sections A3.22 Wall Sections A3.23 Wall Sections A3.24 Wall Sections A3.31 Enlarged elevations A3.51 Enlarged plans and elevations A4.01 Building Assemblies A4.11 Details A4.13 Details A5.01 Enlarged plans and section - stair 1 and elevator lobby A5.02 Enlarged plan and section - stair 2 stair 3 and stair 4 A8.02 Door schedule A9.01 W Ceiling plan Level 1 West A9.02 W Ceiling plan Level 2 West A9.02 E Ceiling plan Level 2 East O1 01 O1 01 01 O1 O1 01 01 O1 01 01 O1 01 01 O1 01 01 01 01 01 O1 01 01 01 O1 O1 01 O1 01 01 15-Ju1-10 O1 15-]u1-10 O1 15-]u1-10 01 15-Ju1-10 O1 15-Ju1-10 15-Ju1-10 15-Ju1-10 Void see Add # 1 15-Ju1-10 15-]u1-10 15-Ju1-10 15-Ju1-10 15-1u1-10 15-]u1-10 15-]u1-10 15-Ju1-10 15-]u1-10 15-Ju1-10 15-]u1-10 15-Ju1-10 15-Ju1-10 15-]u1-10 15-]u1-10 15-]u1-10 15-Ju1-10 15-Ju1-10 15-Ju1-10 15-Ju1-10 15-)u1-10 15-]u1-10 15-Ju1-10 15-Ju1-10 15-Ju1-10 15-7u1-10 15-Ju1-10 15-]u1-10 Page 1 / 5 Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description - Release Date A9.03 E Ceiling plan Levei 3 East 01 15-]u1-10 A9.04 E Ceiling pian Levei 4 East 01 15-Ju1-10 TEMPORARY SHORING PLANS SH1.0 Temporary shoring wail cover & shoring notes 01 15-Ju1-10 SH1.1 Temporary shoring wall cover & shoring notes 01 15-Ju1-10 SH2.0 Temporary shoring wail shoring plan 01 15-]u1-10 SH2.1 Temporary shoring wail shoring plan 01 15-]u1-10 SH2.2 Temporary shoring wall shoring plan O1 15-Ju1-10 SH2.3 Temporary shoring wall shoring plan 01 15-]ui-10 SH3.0 Temporary shoring wall North A elevation 01 15-Ju1-10 SH3.1 Temporary shoring wall East A elevation O1 15-]u1-10 SH3.2 Temporary shoring wall North B elevation O1 15-]u1-10 SH3.3 Temporary shoring wall North B elevation O1 15-]u1-10 SH3.4 Temporary shoring wall East B elevation O1 15-]u1-10 SH3.5 Temporary shoring wall South elevation 01 15-]u1-10 SH3.6 Temporary shoring wall South elevation O1 15-]u1-10 SH3.7 Temporary shoring wall South elevation O1 15-Ju1-10 SH3.8 Temporary shoring wall East elevation 01 15-]u1-10 SH3.9 Temporary shoring wall pile and anchor 01 15-]u1-10 schedule SH3.10 Temporary shoring wall pile and anchor schedule SH4.0 Temporary shoring wall cross sections SH4.1 Temporary shoring wall cross sections SH4.2 Temporary shoring wall design diagrams SH5.0 Temporary shoring wall typical details SH5.1 Temporary shoring wall typical details SH5.2 Temporary shoring wall typical details STRUCTURAL PLANS S0.01 General Structural notes S2.01 W Plan Level 1 foundation plan west S2.02 WM Plan Level 2 mild steel west S2.02 WP Plan Level 2 P.T. slab west S2.02 E Plan level 2 foundation plan S2.03 WM Plan level 3 mild steel west 52.03 WP Plan level 3 P.T. slab west 52.03 EM Plan level 3 mild steel east S2.03 EP Plan level 3 P.T. slab east S2.04 EM Plan level 4 mild steel east S2.04 EP Plan level 4 P.T. slab east S2.05 EM Plan level 5 mild steel east S2.05 EP Plan level 5 P.T. slab east S2.06 Elevator plans & details S2.07A Alternate partial plan level 1 fnd level Z p.t. plan S3.01 Slab on grade and foundation details 53.02 Slab on grade and foundation details O1 15-Ju1-10 01 15-Ju1-10 01 15-Ju1-10 01 15-Ju1-10 01 15-Ju1-10 01 15-Ju1-10 O1 15-]u1-10 01 O1 O1 O1 O1 O1 O1 01 01 01 01 01 O1 01 01 15-Ju1-10 15-Ju1-10 15-Ju1-10 15-]u1-10 15-]u1-10 15-]u1-10 15-]ul-i0 15-]u1-10 15-Ju1-10 15-]u1-10 15-Ju1-10 15-1u1-10 15-Ju1-10 15-Ju1-10 15-Ju1-10 Void see Add # 2 Void see Add # 2 Void see Add # 2 Void see Add # 2 Void see Add # 2 Void see Add # 2 O1 01 15-]u1-10 15-Ju1-10 Void see Add # 2 Void see Add # 2 Page2/5 Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description Release Date 54.01 Shearwall elevations 01 15-]u1-10 Void see Add # 2 S4.02 Masonry details 01 15-]u1-10 Void see Add # 2 S5.01 P.T. details 01 15-Ju1-10 S5.02 P.T. details O1 15-]u1-10 Void see Add # 2 PLUMBING PLANS P0.01 Schedules piumbing O1 15-]u1-10 P200W Foundation west - plumbing O1 15-Ju1-10 P2.O1W Plan level P-1 west - plumbing 01 15-]u1-10 P2.O1E Plan level P-1 east - plumbing O1 15-]u1-10 P2.02W Plan level P-2 west - plumbing 01 15-]u1-10 P2.02E Plan level P-2 east - plumbing O1 15-]u1-10 P2.03W Plan level P-3 west - plumbing 01 15-]u1-10 P2.03E Plan level P-3 east - plumbing 01 15-]u1-10 P2.04E Plan level P-4 east - plumbing O1 15-]u1-10 P2.05E Plan level 5 east - plumbing 01 15-Ju1-10 P6.01 Details plumbing 01 15-Ju1-10 HVAC PLANS M0.01 Schedules HVAC 01 15-Ju1-10 M2.01W Plan level P-1 west - HVAC 01 15-]u1-10 M2.02W Plan levei P-2 west - HVAC 01 15-Ju1-10 M2.02E Plan level P-2 east - HVAC 01 15-)u1-10 M2.03W Plan level P-3 west - HVAC O1 15-Ju1-10 M2.03E Plan level P-3 east - HVAC 01 15-]u1-10 M2.04E Pian level P-4 east - HVAC 01 15-Ju1-10 M6.01 Details - HVAC 01 15-Jui-10 ELECTRYCAL PLANS E0.01 Panel schudles and one-line diagram O1 14-Ju1-10 E2.01 Parking floor 1 overall power/lighting layout O1 14-Ju1-10 E2.O1W Parking floor 1 enlarged west power/lighting 01 14-Ju1-10 layout E2.02 Parking floor 2 overall power/lighting layout O1 14-Ju1-10 E2.02W Parking floor 2 enlarged west power/lighting 01 14-]u1-10 layout E2.02E Parking floor 2 enlarged east power/lighting O1 14-]u1-10 layout E2.03 Parking floor 3 overall power/lighting layout O1 14-]u1-10 E2.03W Parking floor 3 enlarged west power/lighting 01 14-]u1-10 layout E2.03E Parking floor 3 enlarged east power/lighting 01 14-]u1-10 layout E2.04 Parking floor 4 overall power/lighting layout 01 14-]u1-10 E2.04E Parking floor 4 enlarged east power/lighting 01 14-Ju1-10 layout ADDENDUMS ---------------------- ADDENDUM # 1 Page 3 / 5 Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Essue Addendum Number Description Release Date Addendum # 1- 9(8 1/2 x 11) sheets issued O1 21-Ju1-10 Add # 1 Drawings issued with Addendum # 1 ARCHITECTURAL PLANS A0.00 List of drawings. Project Team. General Information CIVIL PLANS CV-1.0 Cover sheet � D-1.0 Demolition and TESC plan D-1.1 TESC notes D-1.2 TESC details C-2.0 Paving, grading and drainage plan C-2.1 Paving, grading and drainage notes and details C-2.2 Site and paving details C-2.3 Site and paving details C-2.4 Drainage details C-2.5 Drainage details C-2.6 Drainage details C-3.0 Sanitary sewer and water plan C-3.1 Sanitary sewer and water notes C-3.2 Water details � C-3.3 Water details C-3.4 Sanitary sewer details C-3.5 Sanitary sewer details 1 of 1 City of Bremerton - survey signed 7-2-10 1 of 1 City of Bremerton - topography unsigned O1 01 01 01 01 01 O1 O1 O1 O1 O1 01 O1 O1 01 O1 O1 O1 01 O1 21-]u1-10 Add#1 ADDENDUM # 2 Addendum # 2- 19 (8 1/2 x 11) sheets issued Drawings issued with Addendum # 2 CIVIL PLANS D-1.0 Demolition and TESC plan C-2.0 Paving, grading and drainage plan STRUCTURAL PLANS S0.01 General Structural notes S2.02 WM Plan Level 2 mild steel west S2.03 WM Plan level 3 mild steel west S2.05 EM Plan level 5 mild steel east S2.06 Elevator plans & details S2.07A Alternate partial plan level 1 fnd level 2 p.t. plan S3.01 Slab on grade and foundation details 53.02 Slab on grade and foundation details S3.03 Details S4.01 Shearwall elevations S4.02 Masonry details S5.02 P.T. details PLUMBING PLANS 19-]u1-10 19-]u1-10 19-Ju1-10 19-]u1-10 19-Ju1-10 19-Ju1-10 19-Ju1-10 19-Ju1-10 19-]u1-10 19-Ju1-10 19-]u1-10 19-Ju1-10 19-Ju1-10 19-Ju1-10 19-Ju1-10 19-]u1-10 19-Ju1-10 2-]u1-10 15-Ju1-10 01 21-)u1-10 01 29-Ju1-10 O1 29-]u1-10 O1 01 O1 01 O1 01 29-]u1-10 29-]u1-10 29-]u1-10 29-]u1-10 29-]u1-10 29-]u1-10 01 01 O1 O1 O1 01 29-]u1-10 29-Ju1-10 29-]u1-10 29-]u1-10 29-]u1-10 29-]u1-10 Add#1 Void see Add # 2 Void see Add # 2 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#1 Add#2 Add#2 Add#2 Add#2 Add#2 Add#2 Add # 2 Add#2 Add#2 Add#2 Add#2 Add#2 Add#2 Add#2 Add#2 Page 4 / 5 Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description Release Date P0.01 Schedules plumbing 01 28-Ju1-10 Add # 2 P200W Foundation west - plumbing 01 28-]u1-10 Add # 2 P2.O1W Plan level P-1 west - plumbing 01 28-Jui-10 Add # 2 P2.OlE Plan level P-1 east - plumbing 01 28-Ju1-10 Add # 2 P2.02W Plan level P-2 west - plumbing O1 28-]u1-10 Add # 2 P2.02E Plan level P-2 east - piumbing 01 28-Ju1-10 Add # 2 P2.03W Plan level P-3 west - plumbing O1 28-Ju1-10 Add # 2 P2.03E Plan level P-3 east - plumbing 01 28-Ju1-10 Add # 2 P2.04E Plan level P-4 east - plumbing 01 28-]u1-10 Add # 2 P2.05E Plan level 5 east - plumbing 01 28-]u1-10 Add # 2 P6.01 Details plumbing O1 28-]u1-10 Add # 2 ADDENDUM # 3 Addendum # 3- 24 (8 1/2 x 11) sheets issued No drawings issued with Addendum # 3 ADDENDUM # 4 O1 4-Aug-10 O1 4-Aug-10 Add#3 Add#4 Addendum # 4- 1(8 1/2 x 11) sheet issued No drawings issued with Addendum # 4 Page 5 / 5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/29/2025 Arthur J.Gallagher Risk Management Services,LLC 10900 NE 8th St. Ste 750 Bellevue WA 98004 Debra Powell 253-238-1151 253-572-1430 Debra_Powell@ajg.com Navigators Specialty Insurance Company 36056 SMITFIR-01 Indian Harbor Insurance Company 36940SmithFireSystems,Inc. 1106 54th Avenue East Tacoma WA 98424 Continental Western Insurance Company 10804 HOMESITE INSURANCE COMPANY OF FLORIDA 11156 BCS Insurance Company 38245 Westchester Specialty Ins Serv 1911104816 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y Y LA25CGLZ069CHIC 11/2/2025 11/2/2026 2,000,000 BI/PD Retention 10,000 C 1,000,000 X X X X Ded.$10k Y Y CPA6052606-23 11/2/2025 11/2/2026 D F X 5,000,000 X CXP-025321-02 XSL-00001HJ-04 11/2/2025 11/2/2025 11/2/2026 11/2/2026 5,000,000 A LA25CGLZ069CHIC 11/2/2025 11/2/2026 X WA Stop Gap 1,000,000 1,000,000 1,000,000 B E Professional/Pollution Cyber Social Engineering/Cyber Deceptio PEC004852308 RPS-P-50276305M 11/2/2025 11/2/2025 11/2/2026 11/2/2026 Each Act,Error or Limit /Retention Limit/Retention $5,000,000/$10k $2,000,000 /$5k $250,000 /$10K POLLUTION LIMITS For Each Pollution Condition:$5,000,000 Pollution Aggregate:$5,000,000 Retention:$10,000 Retro Date:03/01/2017 *10 days cancellation notice for nonpayment of premium /30 days cancellation notice for all other reasons. SFS Job Number:ITM /Goods and Services Agreement City of Bremerton is included as Additional Insured per the attached Endorsement #CG2010 0413, #CG2037 0413,and #CLCA0149 0721.Waiver of subrogation per the attached Endorsement #CG2404 0509 and #CLCA0149 0721.Primary & non-contributory coverage per the attached Endorsement #CG2001 0413 and #CLCA0149 0721.Umbrella/Excess Liability follows form. City of Bremerton Attn:Risk Management 345 6th Street,Suite 100 Bremerton WA 98337 USA Page 1 of 3NPC-903 08 07 POLICY NUMBER: LA25CGLZ069CHIC SCHEDULE OF FORMS AND ENDORSEMENTS The following are the forms attached to and forming a part of the policy at inception: 23-GS-856077A 01 23 Cover Letter Front Page 2023 NIC GL PJ 01 07 Policy Jacket and Common Policy Conditions with Validation Signatures NPC-901 03 09 Common Policy Declarations - Navigators Specialty Insurance Company NPC-903 08 07 Schedule of Forms and Endorsements NPC-400 05 06 Schedule of Named Insured(s) IL 00 21 05 04 Nuclear Energy Liability Exclusion Endorsement (Broad Form) NPC-909 11 08 Service of Suit NAV-PHN-200 04 17 Claim Reporting Procedures NPC 904 01 15 Disclosure Notice Terrorism Risk Insurance Program Reauthorization Act of 2015 Rejection CG 21 73 01 15 Exclusion of Certified Acts of Terrorism NAV-ML-002 11 12 OFAC ENDORSEMENT NPC-905 03 09 Commercial General Liability Coverage Part Declarations NPC-611 11 08 Cross Suits Exclusion NPC-605 11 08 Asbestos Exclusion CG 00 01 04 13 Commercial General Liability Coverage Form NPC-642 11 08 Intellectual Property Amendment NPC-711 08 11 General Aggregate Limit per Project with an Overall General Aggregate Cap NPC-624 11 08 Lead Exclusion NPC-713 11 08 Definition of Employee Amendment NPC-827 04 13 Exclusion - Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program CG 21 55 09 99 Total Pollution Exclusion With A Hostile Fire Exception CG 21 47 12 07 Employment-Related Practices Exclusion CG 21 86 12 04 Exclusion - Exterior Insulation & Finish Systems CG 21 96 03 05 Silica or Silica Related Dust Exclusion CG 21 67 12 04 Fungi Or Bacteria (Mold) Exclusion CG 20 10 10 01 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person or Organization CG 20 10 10 01 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person or Organization CG 20 10 10 01 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person or Organization CG 20 10 10 01 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person or Organization CG 20 10 10 01 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person or Organization Page 2 of 3NPC-903 08 07 CG 20 10 10 01 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person or Organization CG 20 37 10 01 Additional Insured - Owner, Lessees Or Contractors - Completed Operations CG 20 37 10 01 Additional Insured - Owner, Lessees Or Contractors - Completed Operations CG 20 37 10 01 Additional Insured - Owner, Lessees Or Contractors - Completed Operations CG 20 37 10 01 Additional Insured - Owner, Lessees Or Contractors - Completed Operations CG 20 37 10 01 Additional Insured - Owner, Lessees Or Contractors - Completed Operations CG 04 35 12 07 Employee Benefits Liability Coverage - Claims Made ANF-ES 158 08 15 Exclusion - Condominiums, Townhouses, Timeshares and Tracts CG 22 34 04 13 Exclusion - Construction Management Errors And Omissions CG 20 01 04 13 Primary And Noncontributory - Other Insurance Condition CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 11 04 13 Additional Insured - Managers or Lessors of Premises CG 20 12 04 13 Additional Insured - Political Subdivisions Permits or Authorizations CG 20 34 04 13 Additional Insured - Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You NPC-704 06 13 Self-Insured Retention - Claim Expenses Eroding The Retention CG 20 26 04 13 Additional Insured - Designated Person or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization Page 3 of 3NPC-903 08 07 CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 21 34 01 87 Exclusion - Designated Work CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 21 53 01 96 Exclusion - Designated Ongoing Operations NPC-806 01 13 Non-Pyramiding of Limits Endorsement NPC-670 06 09 Continuous or Progressive Injury and Damage Exclusion NPC-635 05 14 Punitive And Exemplary Damages, Fines, Penalties And Multiplication Of Damages Exclusion NPC-706 04 14 Subcontractors Independent Contractors Conditional Coverage - Deductible Applies if Conditions Not Met CG 21 32 05 09 Communicable Disease Exclusion CG 22 43 07 98 Exclusion - Engineers, Architects Or Surveyors Professional Liability NPC-847 05 15 Hazardous Materials Exclusion CG 22 80 07 98 Limited Exclusion - Contractors-Professional Liability CG 04 42 11 03 Stop Gap - Employers Liability Coverage Endorsement - Washington CG 24 17 10 01 Contractual Liability - Railroads CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us MANUSCRIPT EXCLUSION - CONDOMINIUMS, TOWNHOUSES, TIMESHARES, AND TRACTS CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us NPC-807 11 08 Notice of Cancellation to Others NPC-807 11 08 Notice of Cancellation to Others CG 24 17 10 01 Contractual Liability - Railroads NPC-807 11 08 Notice of Cancellation to Others NPC-834 12 14 Exclusion - Cyber Injury CG 04 37 05 14 Electronic Data Liability Form G-3418-0-NAVG 09 19 Producer Compensation Notice 23-GS-856077B 01 23 Cover Letter Back Page 2023 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CXS 00 01 11 20 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 3 Commercial Excess Liability VARIOUS PROVISIONS OF THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. Throughout the policy, the words “you” and “your” refer to the Named Insured shown in the Declarations. The words “we,” “us,” and “our” refer to the company providing this insurance. The word “insured” means any other person or organization qualifying as such in SECTION II – WHO IS AN INSURED. Other words and phrases that appear in quotation marks in this policy have the meanings given them in SECTION V – DEFINITIONS. Unless contradicted in this policy, words and phrases defined by “controlling underlying insurance” have the meanings given them in “controlling underlying insurance.” SECTION I – COVERAGE 1.Insuring Agreement We will pay on behalf of the insured and in excess of “underlying limits” those sums the insured becomes legally obligated to pay as damages because of “injury or damage” to which this insurance applies. Except as otherwise stated in this policy, this insurance follows the same provisions, exclusions and limitations of the “controlling underlying insurance” in effect at the inception date of that policy. This insurance will not be broader than “controlling underlying insurance.” This insurance only applies if: a.the “injury or damage” is caused by an “event” in the coverage territory; b.the “injury or damage” first occurs during the policy period; and c.“controlling underlying insurance” applies to the “injury or damage” and is exhausted by the payment of, or agreement to pay, judgments or settlements to which this insurance also applies. The amount we will pay is limited as described in SECTION III – LIMITS OF INSURANCE. 2.Defense When there is a reasonable expectation that this insurance may be involved in a loss, we may investigate any claim, defend any suit, or associate with any insured or insurer. We may settle any claim at our discretion. We have no duty to investigate claims or defend suits until the expressed and unlimited obligation of all “underlying insurance” terminates because of the exhaustion of “underlying limits” by payment of, or agreement to pay, judgments or settlements. “Defense expenses” will not reduce our limit unless such expenses also reduce “underlying limits.” Any duty to defend that we may have ends when we pay or agree to pay our applicable limit. 3.Exclusions Exclusions applicable to “controlling underlying insurance” also apply to this insurance. Even when “controlling underlying insurance” applies, this insurance does not apply to: a.Asbestos “Injury or damage” arising out of the actual, alleged or threatened exposure to “asbestos” or any goods or products containing “asbestos;” b.Law Any liability that is or would be imposed under: 1)The Employment Retirement Income Securities Act of 1974 or any amendments thereto, or any similar law; 2)Medical payments, no-fault, personal injury protection or any similar law; 3)Uninsured or underinsured motorist or any similar law; or 4)Workers compensation, disability benefits, unemployment compensation or similar law; c.Sub-limits “Injury or damage” to which “underlying insurance” applies but at amounts less than “underlying limits.” Policy No.: CXP-025321-02 Insurance Company: Homesite Insurance Company & Homesite Insurance Company of Florida CXS 00 01 11 20 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 3 SECTION II – WHO IS AN INSURED 1.You are an insured. 2.Any other person or organization who is an insured on “controlling underlying insurance” is an insured on this policy. However, no one is an insured for broader coverage than that provided by “controlling underlying insurance.” SECTION III – LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, claims made, suits brought, or persons or organizations making claims or bringing suits. 1.Aggregate The Aggregate Limit shown in the Declarations is the most we will pay for the sum of all damages to which this insurance applies except “injury or damage” arising out of the ownership, maintenance, operation or use, including loading or unloading, of an automobile when such damages are not subject to an Aggregate on “controlling underlying insurance.” When all “underlying policies” apply a separate Aggregate Limit to damages because of bodily injury or property damage included in a products-completed operations hazard, the Aggregate Limit will apply in the same manner. 2.Each Event Subject to the Aggregate Limit described above, the Each Event Limit shown in the Declarations is the most we will pay for the sum of all damages because of “injury or damage” arising out of any one “event.” 3.Anti-Stacking If this policy and any previous or subsequent policy we issued to you apply to “injury or damage” from the same “event,” the policy with the highest Limits of Insurance will be the only one to apply. This provision does not apply to any policy we may have issued as excess to this insurance. SECTION IV - CONDITIONS Conditions applicable to “controlling underlying insurance” also apply to this insurance unless contradicted by the following: 1. Bankruptcy Bankruptcy of the insured or any insurer providing “underlying insurance” will not change your or our obligations under this policy. 2.Cancellation The first Named Insured may cancel this policy for any reason by returning the policy to us or the Producer shown in the Declarations. We may cancel this policy by providing the first Named Insured written notice: a.10 days in advance if we cancel for non-payment of premium; or b.30 days in advance if we cancel for any other reason. If we cancel, the return premium amount will be calculated on a pro rata basis. If you cancel, the return premium amount, subject to the Minimum Earned Premium shown in the Declarations, will be less than pro rata. Proof of Mailing will be proof of notice. 3.Duties in the Event of a Claim, Event or Suit You must see to it that we are notified in writing as soon as possible of any claim, “event” or suit that may be reasonably expected to involve this insurance. You and any other involved insured have the same duties to us that you have to “controlling underlying insurance.” CXS 00 01 11 20 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 3 4.Maintenance of Underlying You must immediately notify us of any cancellation, non-renewal or change to “underlying insurance” that broadens the coverage. We will not follow such changes unless and until an endorsement is issued and you have paid the premium due to us. You must immediately notify us of any reduction of “underlying limits.” Reduction of “underlying limits” by the payment of judgments, settlements or defense expenses, to which this insurance applies, will not be considered a failure to comply with this condition. Should you fail to comply with this condition, we will only be liable to the extent we would have been liable had you complied. 5.Non-Renewal If we decide not to renew this policy, we will provide advance notice of that decision, in the manner and timeframe required by applicable statute or regulation, to the first Named Insured. Proof of mailing will be proof of notice. 6.Other Insurance This insurance is excess of any other valid and collectible insurance available to the insured except insurance purchased specifically to apply in excess of this insurance. 7.Payment of Damages When the amount of damages has been determined by judgment or settlement with which we agree and all “underlying insurance” policies have paid, or agreed to pay, their full limits of insurance we will pay, up to our Limits of Insurance, our share of the damages. 8.Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies: a.as if each Named Insured were the only Named Insured; and b.separately to each insured against whom claim is made or suit is brought. SECTION V – DEFINITIONS Words and phrases defined by “controlling underlying insurance” have the meanings given them in “controlling underlying insurance” unless contradicted by the following: 1.“Asbestos” means the mineral in any form. 2.“Controlling underlying insurance” means the policy or policies shown in the Declarations as such that apply to the “injury or damage.” 3.“Defense expenses” means amounts we pay to investigate claims or defend suits. 4."Event" means an occurrence, offense, accident, act, or other “injury or damage” causing event, defined by and to which the "controlling underlying insurance" applies. 5.“Injury or damage” means any bodily injury, property damage, personal and advertising injury, or other injury or damage defined by and to which the "controlling underlying insurance" applies. 6.“Underlying insurance” means the “controlling underlying insurance” policy or policies and any other insurance underlying to or in excess of the “controlling underlying insurance.” 7.“Underlying limits” means the amounts shown in the Declarations that must be paid by “underlying insurance” policies before we pay anything. “Underlying limits” are not reduced by damages to which this insurance does not apply. All other terms and conditions remain unchanged. CXS 20 50 08 21 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 CONTRACTORS ENDORSEMENT BLANKET ADDITIONAL INSURED - NON-CONTRIBUTING - WAIVER OF SUBROGATION In consideration of the premium charged, it is understood and agreed that: A.Additional Insureds When a written contract, signed prior to an “event” requires that you provide Additional Insured coverage with Limits of Insurance greater than “underlying limits” and “controlling underlying insurance” provides such coverage: 1.SECTION II – WHO IS AN INSURED is amended to include the Additional Insured as an insured for the lesser of: a.Coverage required by the written contract; or b.Coverage provided by this insurance or “controlling underlying insurance.” 2.As respects the coverage provided by this endorsement, SECTION III – LIMITS OF INSURANCE is amended to add: Limits of Insurance provided to the Additional Insured will be the lesser of: a.Limits required by the written contract; or b.Limits available under the applicable Limits of Insurance. B.Primary and Non-Contributing When a written contract signed prior to an “event” requires, for Limits of Insurance greater than “underlying limits,” that this insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured, this insurance will apply in this manner provided that: 1.the Additional Insured is a Named Insured under such other insurance; and 2.all “underlying insurance” applies in the same manner. C.Waiver of Subrogation When a written contract signed prior to an “event” requires, for Limits of Insurance greater than “underlying limits,” that we waive our rights of recovery against the Additional Insured, then, to the extent required by the contract, the following is added to SECTION IV – CONDITIONS: Waiver of Rights of Recovery We waive any right of recovery we may have against the Additional Insured because of any payment we make under this policy. Such waiver by us applies only to the extent that you have waived your right of recovery prior to the “event” causing the “injury or damage.” COMMERCIAL AUTO CL CA 01 49 07 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CA 01 49 07 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1of 5 COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to Paragraph A.1.Who Is An Insured of Section II - Covered Autos Liability Coverage: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company or any organization excluded either by this Coverage Part or by endorsement, and over which you maintain ownership or majority interest of more than 50 percent will qualify as a Named Insured. However: 1.This insurance does not apply to any newly acquired or formed organization that is an "insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. 2.Coverage does not apply to "bodily injury" or "property damage" that occurred before you ac quired or formed the organization. 3.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Paragraph A.1., Who Is An Insured of Section II - Covered Autos Liability Coverage: When you have agreed in a written contract or agreement to include a person or organization as an additional "insured", such person or organization is included as an "insured" subject to the following: 1.Such person or organization is an additional "insured" only to the extent such person or organization is liable for "bodily injury" or "property damage": because of the conduct of an "insured" under Paragraphs a.or b.under Paragraph A.1.Who Is An Insured of Section II -Covered Autos Liability Coverage, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto"; 2.The written contract or agreement described above must have been executed prior to the "accident" that caused the "bodily injury" or "property damage" and be in effect at the time of such "accident"; 3.The insurance afforded to any such additional "insured" does not apply to any "accident" beyond the period of time required by the written contract or agreement described above; 4.The most we will pay on behalf of such additional "insured(s)" is the lesser of: a.The Limits of Insurance specified in the written contract or agreement described above; or b.The Limits of Insurance shown in the Declarations. This provision shall not increase the Limit of Insurance shown in the Declarations in this policy or coverage part; and 5.The following changes are made to Paragraph 5.Other Insurance of B.General Conditions under Section IV - Business Auto Conditions: a.The following is added to Paragraph 5.a.: If required by the written contract or agreement described above, the Page 2of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CA 01 49 07 21 insurance afforded to the additional insured under this provision will be primary to, and will not seek contribution from, the additional insured's own insurance. b.Paragraph 5.c.is deleted in its entirety. 6.Paragraph A.1.c.under Section II - Covered Autos Liability Coverage is deleted in its entirety. 7.The definition of "insured contract" under Section V - Definitions is amended to add the following: An "insured contract" does not include that part of any contract or agreement: That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" caused by your operation or use of a covered "auto". However, a person or organization is an additional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separate endorsement to this policy. C. EMPLOYEES AS INSUREDS The following is added to Paragraph A.1.Who Is An Insured Section II - Covered Autos Liability Coverage: Any "employee" of yours is an "insured" while us ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. INCREASED COVERAGE - BAIL BONDS The Supplementary Payments Coverage Extension of Section II - Covered Autos Liability Coverage is amended as follows: The Limit of Insurance in paragraph A.2.a.(2)is increased to $5,000. E. INCREASED COVERAGE - LOSS OF EARNINGS The Supplementary Payments Coverage Extension of Section II - Covered Autos Liability Coverage is amended as follows: The Limit of Insurance in paragraph A.2.a.(4)is increased to $1,000. F. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. This coverage is excess over any other collectable insurance. G. COVERAGE EXTENSION - TRANSPORTATION EXPENSES Paragraph A.4.a.Transportation Expenses of Section III - Physical Damage Coverage is amended as follows: 1.The Limits of Insurance are increased to $75 per day to a maximum of $2,500. 2.We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto" to you. 3.It is agreed and understood and it is our stated intent that expenses incurred by you under the Transportation Expenses Coverage Extension will not also be covered or paid under the Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement coverage added by separate endorsement to this policy. H. EXTENDED COVERAGE - AIRBAGS The following is added to Exclusion B.3.a.of Section III - Physical Damage Coverage: However, this exclusion does not apply to the unintended discharge of an airbag. This coverage is excess over any other collectible insurance or warranty providing such airbag coverage. I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Section III -Physical Damage Coverage, Paragraph C.Limits of Insurance. 4.In the event of a total "loss" to a covered "auto", we will pay the lesser of: a.Any unpaid amount due on the lease or loan for a covered “auto”, less: (1)The amount under the Physical Damage Coverage section of the policy; and (2)Any: (a)Overdue lease/loan payments at the time of the "loss"; (b)Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c)Security deposits not returned by the lessor; (d)Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e)Carry-over balances from previous loans or leases; or b. $5,000. CL CA 01 49 07 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3of 5 However, this provision does not apply to the extent loan/lease gap coverage has been provided by separate endorsement to this policy. -GLASS REPAIR - NO DEDUCTIBLE The following is addedto Paragraph D.Deductible of Section III - Physical Damage Coverage:Any Comprehensive Coverage deductible shownin the Declarations does not apply to "loss" to glassEUHDNDJHwhen you elect to patch or repair rather thanreplace the glass. This provision does not apply to any covered "auto" provided Physical Damage Coverage under CA 04 21 - Full Safety Glass Coverage. .INCREASED COVERAGE - ELECTRONIC EQUIPMENT The $1,000 limit indicated in Paragraph C.1.b. under Section III - Physical Damage Coverage is increased to $2,500. /EXTENDED COVERAGE - PERSONAL PROPERTY The following is added to Paragraph A.4. Coverage Extensions of Section III - Physical  Damage Coverage: Physical Damage Coverage on a covered "auto" may be extended to "loss" to your personal property or, if you are an individual, the personal property of a family member, that is in the covered "auto" at the time of "loss" and caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". The insurance provided by this coverage extension is excess over any other collectible insurance. The most we will pay for any one "loss" under this coverage extension is $500. However, our payment for "loss" to personal property will only be for the account of the owner of the property. Under this provision, personal property does not include and we will not pay for "loss" of currency, coins, securities or contraband. No deductible applies to this coverage extension. 0TOWING Paragraph A.2.Towing of Section III - Physical Damage Coverage, is replaced by the following:If a private passenger type "auto" or light truck "auto" (0-10,000 Lbs. GVW) is provided both Comprehensive and Collision Coverage, we will pay up to $150 for towing and labor costs incurred each time such "auto" is disabled. If a medium, heavy or extra-heavy truck or extra-heavy Truck- tractor "auto" (greater than 10,000 Lbs. GVW) is provided both Comprehensive and Collision Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is disabled. However, the labor must be performed at the place of disablement. N. FIRE EXTINGUISHER RECHARGE The following is added to Paragraph A.4. Coverage Extensions of Section IV - Physical Damage Coverage: When fire extinguishers are kept in your covered "auto" and any are discharged in an attempt to extinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire extinguisher(s). No deductible applies to this coverage. O. HIRED AUTO PHYSICAL DAMAGE COVERAGE The following is added to Paragraph A.4. Coverage Extensions of Section III - Physical Damage Coverage: If hired "autos" are covered "autos" for Covered Autos Liability Coverage and if Physical Damage Coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you lease, rent, hire or borrow from someone other than your "employees", partners or members of their households subject to the following: 1.The most we will pay in any one "loss" is the lesser of: a.The actual cash value of the "auto"; b.The cost to repair or replace the "auto"; or c.$100,000. 2.Paragraph 1.above is subject to a deductible. The deductible shall be equal to the amount of the highest deductible shown for any owned "auto" of the same classification for that coverage. In the event there is no owned "auto" of the same classification, the highest deductible for any owned "auto" will apply for that coverage. No deductible will apply to "loss" caused by fire or lightning. 3.Hired Auto Physical Damage Coverage is subject to the following: a.If symbol 8 is shown in the Covered Auto section of the Declarations page for any of the Physical Damage coverages, then the Hired Auto Physical Damage coverage described in this endorsement does not apply. b.Other than indicated in Paragraphs a. directly above, coverage provided under this provision will be excess over any other collectible insurance or coverage. Page 4of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CA 01 49 07 21 4.In addition to the limit set forth in Paragraph 1. above we will pay up to $500 per day, to a maximum of $3,500 per "loss" for: a.Any costs or fees associated with the "loss" to a hired "auto"; and b.Loss of use of the hired "auto", provided it is the consequence of an "accident" for which you are legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. However, Paragraph A.4.b.Loss of Use Expenses under Section III - Physical Damage Coverage of the Business Auto Coverage Form does not apply. P. RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". 1.Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". 2.No deductible applies to this coverage. 3.We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the ex piration date of the policy, with the lesser of the following number of days: a.The number of days when the covered "auto" has been repaired or replaced, or b.45 days. 4.Our payment is limited to the lesser of the following amounts: a.Necessary and actual expenses incurred; or b.Not more than $75 for any one day; 5.We will pay up to an additional $300 for the reasonable and necessary expenses you incur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto". 6.This coverage does not apply while there are s pare or reserve "autos" available to you for your operations. 7.If "loss" results from the total theft of a covered "auto" of the "private passenger type", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension of the Business Auto Coverage Form or any endorsements thereto. However, this provision does not apply to the extent that rental reimbursement is provided by separate endorsement to this policy. Q. DRIVE OTHER CAR COVERAGE 1.The following is added to Section II - Covered Autos Liability Coverage: a.Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by: (1)You, if you are designated in the Declarations as an individual; (2)Your partners or members, if you are des ignated in the Declarations as a partnership or joint venture; (3)Your members or managers, if you are designated in the Declarations as a limited liability company; (4)Your executive officers if you are des ignated in the Declarations as an organization other than an individual, partnership, joint venture or limited liability company; and (5)The spouse of any person named in Paragraphs Q.1.a.(1).through Q.1.a.(4)while a resident of the same hous ehold; Except: (a)Any "auto" owned by that individual or by any member of his or her household. (b)Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who Is An Insured: Any individual named in 1.a above and his or her "family members" are "insured" while "occupying" or while a pedestrian when being struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". 3. Changes In Physical Damage Coverage A ny private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in Q.1.a.above or his or her spouse while a resident of the same house-hold except: a.Any "auto" owned by that individual or by any member of his or her household; or CL CA 01 49 07 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5of 5 b.Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 4.The most we will pay for the total of all damages under Covered Autos Liability Uninsured Motorists Coverage and Underinsured Motorists Coverage is the Limit Of Insurance shown in the Declarations as applicable to owned "autos". 5.Our obligation to pay for, repair, return or replace damaged or stolen property under Physical Damage Coverage, will be reduced by a deductible equal to the amount of the highest deductible shown for any owned private passenger type "auto" applicable to that coverage. If there are no owned privat e pas senger type "autos", the deductible shall be $250 for Comprehensive Coverage and $500 for Collision Coverage. No deductible will apply to "loss" caused by fire or lightning. 6. Additional Definition As used in this DRIVE OTHER CAR Provision: "Family member" means a person related to the individual named in 1.a. by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2.of Section IV - Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit" or "loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim, "suit" or "loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV - Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1.Such written contract or agreement was: a.Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b.Was in effect at the time of the covered "bodily injury" or "property damage". 2.The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3.At our request you must provide us with a c opy of the aforementioned written contract or agreement. T. UNINTENTIONAL OMISSIONS The following is added Paragraph B.2.of Section IV -Business Auto Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not prejudice the coverage provided to you. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. U. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage t o all endorsement holders as of the day the revision is effective in your state. COMMERCIAL GENERAL LIABILITY NPC 711 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NPC 711 08 11 Page 1 of 2 GENERAL AGGREGATE LIMIT PER PROJECT WITH AN OVERALL GENERAL AGGREGATE CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Overall General Aggregate Cap:$10,000,000 All Projects (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Subject to the application of the General Aggregate Limit to each of your projects, the maximum amount we will pay under the General Aggre- gate Limit for all claims arising from all projects is the Overall General Aggregate Cap shown in the Schedule above. 2.The Designated 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 medi- cal 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 Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense 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 Designated Con- struction Project General Aggregate Limit. Page 2 of 2 NPC 711 08 11 B.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 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 Desig- nated Construction Project General Aggre- gate Limit. C.When coverage for liability arising out of the “products-completed operations hazard” is pro- vided, any payments for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Construction Project General Aggregate Limit. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 20 01 04 13 Page 1 of 1© Insurance Services Office, Inc., 2012 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 Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance 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 (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER:LA25CGLZ069CHIC 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 Person(s) Or Organization(s)Location And Description Of Completed Operations Any person or organization for whom you are performing "commercial construction" during the period of this policy and have agreed in a written contract to add as an additional insured for products-completed operations. "Commercial construction" does not include any habitational or residential construction other than hotels or apartments . . .. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 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 Page 1 of 2 POLICY NUMBER:LA25CGLZ069CHIC 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 Any person or organization for whom you are performing operations during the policy period 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; and any other person or organization you are required to add as an additional insured under the contract or agreement described above. . 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Dave's Hot Chicken TI @ Tacoma Mall Lifestyle Village, 4502 S. Steele St., Tacoma, WA CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 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. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: LA25CGLZ069CHIC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization.. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule 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 and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 1 of 28 May not be copied without permission. PROFESSIONAL AND POLLUTION LEGAL LIABILITY POLICY FOR THE CONSTRUCTION AND ENVIRONMENTAL SERVICE INDUSTRIES Certain coverages are “claims-made and reported” and hav e different reporting requirements from other sections of this Policy. In the event of a Claim, this Policy requires that a Claim be first made during the Policy Period and reported to us, in writing, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Ex tended Reporting Period. Please read this Policy carefully, including the Declarations and all Endorsements. This Policy contains provisions that limit the amount of Legal Expense we are responsible to pay. Throughout this Policy, the words “we”, “us”, and “our” mean the Company stated in the Declarations. The words “you” and “your” mean the Insured. Words that are bolded, ex cept for caption headings, hav e the meaning set forth in SECTION III –DEFINITIONS, whether expressed in singular or plural throughout this Policy. In consideration of the payment of premium, in reliance upon the Application and subject to the Declarations and the terms and conditions of this Policy, we agree with you as follows: SECTION I -INSURING AGREEMENTS A.Professional Coverages 1.Professional Liability Coverage We will pay on your behalf for Professional Loss that you become legally obligated to pay because of a Claim resulting from an actual or alleged negligent act, error or omission in Professional Services, provided that: a.the Professional Services are rendered on or after the Retroactive Date and prior to the end of the Policy Period; and b.the Claim is first made during the Policy Period and reported to us, in writing, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period. 2.Rectification Expense Coverage We will pay on your behalf for Rectification Expense to av oi d or reduce a Claim covered under this Policy, provided that: a.all Professional Services giving rise to actual or potential damages are rendered on or after the Retroactive Date and prior to the end of the Policy Period; b.during the Policy Period, you provide us with immediate notice of the negligent act, error or omission and of the proposed correctiv e action, if any, along with al l supporting documentation, in writing prior to incurring any Rectification Expense; c.you establish and we determine that your proposed Rectification Expense is reasonable and necessary in light of the actual liability for a Claim cov ered under this Policy that can be av oi ded or reduced by incurring the Rectification Expense; and d.all Rectification Expense must be approv ed by us, in writing, prior to being incurred by you. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 2 of 28 May not be copied without permission. If following the payment of Rectification Expense, a Claim is made against you,our total payment, including any payments previously paid by us, will not exceed the Limits of Liability shown in Item (3) and Item (4) of the Declarations. If, in order to prevent Bodily Injury or Property Damage, you take immediate action that results in Rectification Expense, but you are not reasonably able to obtain prior approval from us in writing, we will indemnify you for such expense incurred over a period not exceeding ten (10) business days, beginning from the time the immediate action was taken, provided you can reasonably prove to us that such immediate action reduced the amount of the Bodily Injury or Property Damage that would otherwise hav e been paid under this Policy in the absence of such immediate action. 3.Protective Loss Coverage We will indemnify the Named Insured for Protective Loss: a.in excess of all applicable Design Professional’s Insurance, or b.for all am ounts not cov ered by the Design Professional’s Insurance pursuant to a valid cov erage denial or limitation that is not contested by the Design Professional, resulting from an actual or alleged negligent act, error or omission in Design Professional Services performed by a Design Professional, provided that: (i)the Design Professional Services are rendered on or after the Retroactive Date and prior to the end of the Policy Period; (ii)the Protective Claim is first made by you against the Design Professional and reported by you to us, in writing, during the Policy Period, within ni nety (90) days of the end of the Policy Period, or, where applicable, the Optional Ex tended Reporting Period; and (iii)you hav e taken all steps necessary to pursue the Protective Claim and obtain recov ery of all Protective Loss from the Design Professional and, where legally permissible, the Design Professional’s Insurance. B.Pollution Coverages 1.Job Site Coverage We will pay on your behalf for Pollution Loss that you become legally obligated to pay as a result of a Claim arising from a Pollution Condition on, at, under or migrating from a Job Site, provided that: a.the Pollution Condition results from Contracting Services rendered on or af ter the Retroactive Date and prior to the end of the Policy Period; and b.the Claim is first made during the Policy Period and reported to us, in writing, during the Policy Period,within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period. 2.Transportation Coverage We will pay on your behalf for Pollution Loss as a result of a Pollution Condition that first commences and finally ends during the course of Transportation, provided that: a.the Transportation takes place during the Policy Period; and EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 3 of 28 May not be copied without permission. b.the Pollution Condition is first discov ered by you during the Policy Period and reported to us, in writing, during the Policy Period or within ninety (90) days of the end of the Policy Period; or c.(i) the Pollution Condition results in a Claim; (ii) the Claim is for Pollution Loss that you become legally obligated to pay; and (iii) the Claim is first made during the Policy Period and reported to us, in writing, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period. 3.Emergency Remediation Expense Coverage We will indemnify you for Emergency Remediation Expense incurred by you, provided that: a.the Pollution Condition and notice of the Emergency Remediation Expense are reported to us, in writing, during the Policy Period, but in no event later than fourteen (14) days from the discov ery of the Pollution Condition, or the end of the Policy Period, whichever occurs first, and b.the Pollution Condition results from Contracting Services at a Job Site, or Transportation, rendered during the Policy Period. 4.Pollution Protective Loss Coverage We will indemnify you for Pollution Protective Loss: a.in excess of all applicable Subcontractor’s Insurance, or b.for all amounts not covered by the Subcontractor’s Insurance pursuant to a valid cov erage denial or limitation that is not contested by the Subcontractor, resulting from a Pollution Condition on, at, under or migrating from a Job Site or a Pollution Condition in the course of Transportation, provided that: (i)the Subcontractor Services were performed on or after the Retroactive Date and completed prior to the end of the Policy Period; (ii)the Pollution Protective Claim is first made by you against the Subcontractor and reported by you to us, in writing, during the Policy Period, within ni nety (90) days of the end of the Policy Period, or, where applicable, the Optional Ex tended Reporting Period; and (iii)you hav e taken all steps necessary to pursue the Pollution Protective Claim and obtain recovery of all Pollution Protective Loss from the Subcontractor and, where legally permissible, the Subcontractor’s Insurance. 5.Non-Owned Disposal Site Coverage We will pay on your behalf for Pollution Loss that you become legally obligated to pay as a result of a Pollution Condition on, at, under or migrating from a Non-Owned Disposal Site, provided that: a.the Pollution Condition first commences on or after the Retroactive Date and prior to the end of the Policy Period; EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 4 of 28 May not be copied without permission. b.the Pollution Condition arises from waste or material generated by Contracting Services performed at a Job Site or originates from Your Location; c.the Pollution Condition results in a Claim; and d.(i) the Pollution Condition results in a Claim; (ii) the Claim is for Pollution Loss that you become legally obligated to pay; and (iii) the Claim is first made during the Policy Period and reported to us, in writing, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable,the Optional Extended Reporting Period. 6.Your Location Coverage We will pay on your behalf for Pollution Loss as a result of a Pollution Condition on, at, under or migrating from Your Location, provided that: a.the Pollution Condition originates from Your Location; and b.the Pollution Condition is sudden and accidental and first commences during the Policy Period and finally ends within ten (10) consecutiv e days from its first commencement; and c.the Pollution Condition is first discov ered by you during the Policy Period and reported to us, in writing, during the Policy Period or within ninety (90) days of the end of the Policy Period; or d.(i) the Pollution Condition results in a Claim against you; (ii) the Claim is for Pollution Loss that you become legally obligated to pay; and (iii) the Claim is first made against you during the Policy Period and reported to us, in writing, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period. SECTION II -SUPPLEMENTAL COVERAGES The following Supplemental Cov erages are afforded under this Policy. Any amounts paid under these cov erages do not qualify as Professional Loss, Rectification Expense, Protective Loss, Pollution Loss, Emergency Remediation Expense or Protective Pollution Loss. In no ev ent will we pay more than the Limits of Liability specified below. The Limits of Liability for each of the following Supplemental Coverages are separate from the Limits of Liability for the cov erages in SECTION I -INSURING AGREEMENTS of this Policy, and payments made under these Supplemental Cov erages do not erode the Aggregate Limits of Li ability of this Policy. N o Self-Insured Retention Am ount applies to these Supplemental Coverages. A.Disaster Response Expense Coverage We will pay on your behalf up to an aggregate limit of liability of $250,000 for any reasonable and necessary expenses incurred by you, with our prior written consent, for a public relations or crisis management firm hired by you, and approved by us, to minimize potential harm to your reputation by maintaining or restoring public confidence in you resulting from a negligent act, error or omission in Professional Services, or a Pollution Condition resulting from Contracting Services or Transportation, that has or is likely to result in a Media Event. This limit of liability is the most we will pay regardless of the number of acts, errors or omissions, Pollution Condition(s)or Media Event(s). B.Green Building Materials Expense Coverage We will pay on your behalf up to an aggregate limit of liability of $250,000 for any reasonable and necessary expenses incurred by you in the use of Green Building Materials, even when the use of such materials is not necessary, as part of Restoration Costs when otherwise cov ered under this Policy. This limit of liability is the most we will pay regardless of the number of Pollution Condition(s). EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 5 of 28 May not be copied without permission. C.Protective Loss/Pollution Protective Loss Bankruptcy Litigation Expense Coverage We will indemnify you up to an aggregate limit of liability of $25,000 for the reasonable and necessary fees and expenses incurred by you for retaining bankruptcy counsel in the making of a Protective Claim or a Pollution Protective Claim that qualifies for coverage under this Policy against a Design Professional or Subcontractor, as applicable, who has filed for or has been placed into bankruptcy under the United States Bankruptcy Code, provided that the Protective Claim or Pollution Protective Claim results in a judgment for you against the Design Professional or Subcontractor that is final and no longer subject to appeal. This limit of liability is the most we will pay regardless of the number of Claim(s). D.Litigation Expense Coverage We will indemnify you up to an aggregate limit of liability of $25,000 for the actual loss of earnings and reasonable and necessary expenses incurred by you for attendance at depositions, hearings, arbitrations, Mediation or trials at our written request, for Claim(s)cov ered under this Policy. This limit of liability is the most we will pay regardless of the number of Claim(s), ev ents or persons attending. E.Subpoena Expense Coverage We will pay on your behalf up to an aggregate limit of liability of $25,000 for reasonable and necessary fees and costs of counsel retained by us to advise you regarding the production of subpoenaed documents or to represent you while preparing for or giving testimony in response to a subpoena that is both serv ed on you during the Policy Period and reported by you to us, in writing, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Ex tended Reporting Period, and arises from Professional Services or Pollution Conditions that are within the scope of coverage under this Policy. This limit of liability is the most we will pay regardless of the number of subpoenas serv ed. F.Disciplinary Proceeding Expense Coverage We wi ll pay on your behalf up to an aggregate limit of l iability of $25,000 for Legal Expense from a disciplinary proceeding against you bef ore a design professional or contractor licensing board, provided that the disciplinary proceeding arises out of a negligent act, error or omission in Professional Services, or a Pollution Condition caused by Contracting Services, rendered on or after the Retroactive Date and before the end of the Policy Period, if the disciplinary proceeding is brought against you during the Policy Period and reported to us, in writing, by you, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period. This limit of liability is the most we will pay regardless of the number of proceedings. G.Americans with Disabilities Act and Fair Housing Act Expense Coverage We will pay on your behalf up to an aggregate limit of liability of $25,000 for Legal Expense from the investigation of or response to a regulatory or administrative action from a governmental agency under the Am ericans with Disabilities Act of 1990 (ADA), as amended, or the Fair Housing Act (FHA), as amended, alleging a negligent act, error or omission in Professional Services rendered on or after the Retroactive Date and bef ore the end of the Policy Period, if the regulatory or administrative action is brought against you during the Policy Period and reported to us, in writing, by you, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Ex tended Reporting Period. This limit of liability is the most we will pay regardless of the number of investigations or actions. H.Building Information Modeling Expense Coverage We will indemnify you up to an aggregate limit of liability of $25,000 for reasonable and necessary additional expenses payable to a third-party software consulting company, that are not otherwise recov erable from any warranty or guarantee, arising from loss of or damage to information due to a malfunction of software used in connection with a Building Information Modeling (BIM) system purchased from a third-party vendor that was not modified by you or on your behalf, including erroneous calculations or modeling, provided that the malfunction is first di scov ered during the Policy Period and after the system has been put to its intended EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 6 of 28 May not be copied without permission. use in the course of construction in support of Professional Services or Contracting Services and is reported to us, in writing, by you, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period. This limit of liability is the most we will pay regardless of the number of consulting companies, systems purchased or malfunctions. SECTION III -DEFINITIONS A.Bodily Injury means: 1.physical injury, sickness or disease, sustained by any person, including death resulting therefrom, and any accompanying medical or environmental monitoring; or 2.mental anguish, emotional distress or shock, sustained by any person. B.Claim means any monetary demand, notice, or assertion of a legal right, alleging liability or responsibility on your part, and includes, but is not limited to, a lawsuit, petition, order or government or regulatory action commenced against you. C.Client means the person or entity that directly hires the Named Insured, by written agreement signed by the Named Insured, to render Contracting Services and for whom the Named Insured renders such services. D.Contracting Services means any construction or environmental activity that is performed by or on behalf of the Named Insured. Contracting Services also includes completed operations. E.Design Professional means any person or entity that is qualified, certified or licensed to perform professional services that are cov ered by Design Professional’s Insurance, including any Subcontractors and subconsultants. F.Design Professional’s Insurance means any liability insurance issued to a Design Professional. G.Design Professional Services means professional services that any Design Professional: 1.agreed to perform pursuant to a written agreement with you or a Design Professional; retained by you or on your behalf; and 2.are included within the Professional Services that you agreed to perform in your written agreement with a Client. H.Emergency Remediation Expense means Remediation Expense incurred by you on an emergency basis that we determine was reasonable and necessary to mitigate the immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be avoided or reduced by such mitigation. I.First Named Insured means the person or entity stated in Item (1) of the Declarations. J.Green Building Materials means building products or materials that are recognized by The Leadership in Energy and Environmental Design (LEED®), Green Globes Assessment and Rating System, International Green Construction Code or Energy Star as: 1.being environmentally preferable or sustainable; or 2.providing enhanced energy efficiency. K.Insured means each of the following: 1.the First Named Insured; EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 7 of 28 May not be copied without permission. 2.the Named Insured; 3.the Named Insured’s current and former di rectors, partners, principals, members, officers, stockholders, or trustees, but solely while acting within the course and scope of their duties as such; 4.the Named Insured’s current and former em pl oyees, including Leased Worker, but solely within the course and scope of their employment or lease agreement; 5.the Named Insured’s heirs, executors, administrators, assigns or legal representativ es in the event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured otherwise insured herein; 6.any Predecessor in Interest; 7.any entity newly formed or acquired by the Named Insured during the Policy Period where the Named Insured has greater than fifty percent (50%) ownership, control, or beneficial interest, provided that: a.cov erage shall be provided only for Professional Loss and Protective Loss arising out of Professional Services or Design Professional Services or Pollution Loss and Pollution Protective Loss arising out of Contracting Services or Subcontractor Services, for services performed on or after the date of f ormation or acquisition, subject to the Retroactive Date; and b.this coverage shall expire at the end of the Policy Period or within ninety (90) days of such formation or acquisition of the entity, whichev er is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity and we agree to accept coverage and issue an endorsement confirming coverage; 8.the Named Insured to the ex tent of its participation in a legal entity including a limited liability company or joint venture, but only to the extent of the Named Insured’s legal liability for its rendering or failure to render Professional Services or Contracting Services under the respective legal entity.. 9.Solely with regard to SECTION I -INSURING AGREEMENTS, B.1. Job Site Cov erage, B.2. Transportation Coverage and B.5. Non-Owned Disposal Site Cov erage, any person or entity, including a Client, as required by a written agreement, but only for: a.a Pollution Condition caused by Contracting Services; and b.the liability of the person or entity that results from the performance of the Named Insured’s Contracting Services, provided that such written agreement is signed prior to the commencement of the Pollution Condition. Any insurance afforded under the terms and conditions of this Policy shall be limited to the scope of cov erage required by such agreement and shall be limited to the lesser of the amount of the limits of liability required by such written agreement or the Limits of Liability under this Policy. In no ev ent shall we be liable for any amounts in excess of the Limits of Liability shown in Item (3) and Item (4) B. Pollution Cov erages of the Declarations. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 8 of 28 May not be copied without permission. L.Insured Contract means that part of any written agreement under which, the Named Insured assumes the tort liability of another party to pay compensatory damages for Bodily Injury, Property Damage or Remediation Expense, to a third-person or entity, provided that such written agreement is signed by the Named Insured prior to the Bodily Injury, Property Damage or Remediation Expense. Tort liability means a liability that would be imposed by law in the absence of any agreement. M.Job Site means the location where Contracting Services are rendered. Job Site does not include: 1.any location that is owned, rented, leased, used, or occupied by you except for: a.a location owned, rented, leased, or occupied by the Client; or b.a location that is rented, leased, or occupied (but not owned) by the Named Insured and is used on a temporary basis by you for a single project only, during the course of providing Contracting Services for such single project. 2.a Non-Owned Disposal Site or Your Location. N.Leased Worker means a person leased to the Named Insured, by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. O.Legal Expense means legal costs, charges and expenses incurred by you or on your behalf in the investigation or def ense of a Claim arising from Professional Services or Contracting Services, and includes any necessary expert fees paid to experts retained by defense counsel. Legal Expense does not include the time and expense incurred by you in assisting us in the investigation or resolution of a Claim including, but not limited to, the costs of your in-house counsel, salary charges of your regular em pl oyees or officials, and fees and ex penses of counsel retained by you, except as provided by SECTION II -SUPPLEMENTAL COVERAGES, D. Litigation Expense Cov erage. Legal Expense does not include any of the following: 1.the time and ex pense incurred by you assisting us in the investigation or resolution of a Claim or in connection with Remediation Expense, including, but not limited to, the costs of your in-house counsel, salary charges of your regular employees or officials, and fees and expenses of counsel retained by you. 2.salary charges of our employees. 3.legal cost, charges and expenses incurred in connection with Rectification Expense, Emergency Remediation Expense or to any legal costs or expenses incurred by you in the investigation, prosecution, pursuit, adjustment, making or appeal of a Protective Claim or a Pollution Protective Claim, ex cept as provided by SECTION II -SUPPLEMENTAL COVERAGES, C. Protective Loss/Pollution Protective Loss Bankruptcy Litigation Expense Cov erage. P.Low-Level Radioactive Waste and Material means waste or material that when disposed is acceptable for disposal in a near-surface disposal facility or a land disposal facility as defined in 10 CFR 61.2. Q.Media Event means a spontaneous ev ent that results in cov erage by any television news or newspapers, in either print or internet editions. Cov erage in e-mails, blogs, vlogs or other priv ate or not for profit media does not constitute a Media Event. R.Mediation means an informal and non-binding di spute settlement process run by a neutral third-party approv ed by us. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 9 of 28 May not be copied without permission. S.Mold Matter means mold, mildew or any type or form of fungus, including mycotoxins, spores or by-products produced or released by fungi. T.Named Insured means: 1.the First Named Insured; and 2.any person or entity designated as a Named Insured by endorsement to this Policy. U.Natural Resource Damage means physical injury to, or destruction of , as well as the assessment of such injury or destruction, including the resulting loss of use of the land or resources to the general public, fish, wildlife, bi ota, air, water, groundwater, drinking water supplies, and other such resources belonging to, or managed by, held in trust by, appertaining to, or otherwise controlled by the United States including the resources of the fishery conserv ation zone established by the Magnuson-Stev ens Fishery Conserv ation and Management Act 16 U.S.C. 1801 et. seq.), any State, Local or Provincial gov ernment, any foreign gov ernment, any Native American tribe or, if such resources are subject to a trust restriction on alienation, any member of a Nativ e Am erican tribe. The terms Natural Resource Damage and Natural Resource Damage Assessments are as further defined by statute [CERCLA §§101(6); 107(a)(4)(C); OPA §§1001(5); 1002(b)(2)] and regulation [43 CFR Part 11; 15 CFR Part 990]. V.Non-Owned Disposal Site means a location used by you for the treatment, storage or disposal of waste or material, provided that: 1.the Non-Owned Disposal Site is not managed, operated, owned or leased by you or your affiliate; 2.the Non-Owned Disposal Site is permitted or licensed by the applicable Federal, State, Local or Provincial authorities to accept such waste or material as of the date the waste or material is treated, stored or disposed at the Non-Owned Disposal Site; and 3.the Non-Owned Disposal Site is not listed on a proposed or final Federal National Priorities List or any State or Provincial equiv al ent National Priority List, Superfund or Hazardous W aste List prior to the treatment, storage or disposal of the waste or material at the Non-Owned Disposal Site. W.Policy Period means the period listed in Item (2) of the Declarations or any shorter period resulting from cancellation. X.Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including, but not limited to, acids, alkalis, el ectromagnetic fields, fumes, hazardous substances, bacteria, Low-Level Radioactive Waste and Material, Mold Matter, odors, sm oke, soot, toxic chemicals, vapors and waste materials, including medical, infectious and pathological wastes. Y.Pollution Condition means: 1.the discharge, dispersal, release, seepage, migration or escape of Pollutants into or upon land or structures thereupon, the atmosphere or any watercourse or body of water, including groundwater; the continued discharge, di spersal, release, seepage, migration or escape of such Pollutants comprises a single Pollution Condition; and 2.the presence of Mold Matter in or on buildings or structures. Z.Pollution Loss means each of the following that results from a Pollution Condition: 1.a monetary judgment, award or settlement of compensatory damages that is entered into with our prior written consent (such consent shall not be unreasonably withheld),for: a.Bodily Injury or Property Damage; or EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 10 of 28 May not be copied without permission. b.Remediation Expense; 2.with regard to SECTION I -INSURING AGREEMENTS, B.2. Transportation Cov erage and B.6. Your Location Coverage, Remediation Expense that is incurred with our prior written consent (such consent shall not be unreasonably withheld); 3.civil fines and penalties assessed against a Client that the Named Insured is legally liable for, but only where insurance cov erage for such fines and penalties is allowable by law; 4.civil fines and penalties assessed against you, but only where insurance cov erage for such fines and penalties is allowable by law; 5.punitiv e, ex em plary or multiplied damages that you are legally liable for, but only where insurance cov erage for such damages is allowable by law; or 6.Legal Expense associated with Subsections Z.1. through Z.5. referenced di rectly abov e, that is incurred with our prior written consent (such consent shall not be unreasonably withheld); and 7.Restoration Costs that are incurred with our prior written consent (such consent shall not be unreasonably withheld); and 8.the value of any reasonable and necessary services rendered, pursuant to any resolution that we hav e approved in adv ance in writing, by you to mitigate a Pollution Condition resulting from Contracting Services. Pollution Loss does not include: a.injunctive or equitable relief; b.the return of fees or charges for services rendered; or c.salaries of your employees or any Leased Worker; or d.your profit, ov erhead or mark-up. AA.Pollution Protective Claim means a written demand made or lawsuit commenced by you against a Subcontractor alleging liability or responsibility on the part of the Subcontractor for Pollution Protective Loss based upon or arising out of the Subcontractor’s rendering or failure to render Subcontractor Services. BB.Pollution Protective Loss means the amount you are legally entitled to recover from a Subcontractor, as determined by: 1.a final monetary judgment by a court of competent jurisdiction; 2.a final monetary award resulting from an arbitration or other dispute resolution proceeding, that you participate with our prior written consent; or 3.a settlement that we agree to in advance, in writing. CC.Predecessor in Interest means any entity whose assets hav e been acquired by the Named Insured or whose partners, principals or shareholders hav e joined the Named Insured and whose name has been stated in the Application, submitted for this Policy and ex ecuted by the Named Insured, and for whose insurance the Named Insured is responsible by written agreement. DD.Professional Loss means: EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 11 of 28 May not be copied without permission. 1.a monetary judgment, award or settlement of compensatory damages that is entered into with our prior written consent (such consent shall not be unreasonably withheld); 2.civil fines and penalties assessed against a third-party other than you that you are legally liable, but only where insurance cov erage for such fines and penalties is allowable by law; 3.civil fines and penalties assessed against you, but only where insurance cov erage for such fines and penalties is allowable by law; 4.punitiv e, ex em plary or multiplied damages that you are legally liable for, but only where insurance cov erage for such damages is allowable by law; 5.liquidated damages assessed against you, or a settlement of liquidated damages that is entered into with our prior written consent (such consent shall not be unreasonably withheld), but only to the extent you would be legally liable in the absence of a contractual agreement; or 6.Legal Expense associated with Subsections DD.1.through DD.5. referenced directly above, that is incurred with our prior written consent (such consent shall not be unreasonably withheld); and 7.the v al ue of any serv ices rendered by you or on your behalf, pursuant to any resolution approv ed by us in writing, prior to the services being rendered, to correct a negligent act, error or omission in the performance of Professional Services. Professional Loss does not include: a.injunctive or equitable relief; b.the return of fees or charges for services rendered; c.salaries of your employees or any Leased Worker; or d.your profit, ov erhead or mark-up. EE.Professional Services means those activities listed in Item (5) of the Declarations that are rendered by or on behalf of the Named Insured. FF.Property Damage means each of the following caused by a Pollution Condition: 1.physical injury to or destruction of tangible property, including the resulting loss of use thereof; 2.loss of use of tangible property that has not been physically injured or destroyed; 3.diminished third-party property value, but only where there is physical injury to or the destruction of such tangible property; or 4.Natural Resource Damage. Property Damage does not include Remediation Expense. GG.Protective Claim means a written demand made or lawsuit commenced by you against a Design Professional alleging liability or responsibility on the part of the Design Professional for Protective Loss based upon or arising out of the Design Professional’s rendering or failure to render Design Professional Services. HH.Protective Loss means the am ount you are legally entitled to recover from the Design Professional, as determined by: EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 12 of 28 May not be copied without permission. 1.a final monetary judgment by a court of competent jurisdiction; 2.a final monetary award resulting from an arbitration or other dispute resolution proceeding, that you participate in with our prior written consent; or 3.a settlement that we agree to in advance, in writing. II.Rectification Expense means direct costs and expenses to correct actual damages or prev ent potential damages resulting from a negligent act, error or omission in your Professional Services. Rectification Expense does not include any of your profit, overhead, mark-up; or any betterment to a project that Rectification Expense applies. JJ.Remediation Expense means reasonable and necessary expenses resulting from a Pollution Condition and incurred to investigate, assess, remov e, dispose of, treat, abate, contain or neutralize a Pollution Condition, including any associated monitoring and testing costs. KK.Responsible Insured means any of your officers, directors, partners, members, managers, supervisors or foreman, or any of your em pl oyees that hav e responsibility, in whole or in part, for risk control, risk management, health and saf ety or environmental affairs, control or com pliance, and any manager of Your Location. LL.Restoration Costs means reasonable and necessary costs incurred by you to restore, repair or replace real or personal property to substantially the sam e condition it was in prior to being damaged during work performed in the course of incurring Remediation Expense. Restoration Costs include the use of Green Building Materials, but only as set f orth in SECTION II -SUPPLEMENTAL COVERAGES, B. Green Building Materials Expense Cov erage. Howev er, these costs shall not exceed the Actual Cash Value of such real or personal property immediately prior to incurring the Remediation Expense or include costs associated with improvements or betterments, except for Green Building Materials. Actual Cash Value is defined as the cost to replace such real or personal property, immediately prior to incurring the Remediation Expense, minus the accumulated depreciation of the real or personal property. MM.Retroactive Date means the date listed in Item (4) of the Declarations for each applicable coverage that is specified, if any, or any Retroactive Date listed on an endorsement to this Policy. NN.Subcontract means a written agreement, purchase order or any such legal instrument issued under your written agreement for the performance of Contracting Services or Transportation. OO.Subcontractor means any person or entity that enters into a Subcontract that assumes some or all of your obligation(s) to the Client. PP.Subcontractor Services means Contracting Services or Transportation that are rendered by or on behalf of the Subcontractor. QQ.Subcontractor’s Insurance means any liability insurance under which, the Subcontractor qualifies as an insured. RR.Transportation means the mov ement of waste or material by land motor vehi cle, trailer, semi-trailer, mobile equipment or watercraft, including the loading and unloading of such waste or material, from the point of origin until the waste or material has arrived at its final destination, provided that: 1.the Pollution Condition occurs while in support of Contracting Services; 2.the Pollution Condition occurs at a location other than the Job Site or Your Location; and EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 13 of 28 May not be copied without permission. 3.the person or entity transporting the waste or material is properly licensed to transport such waste or material by the means utilized. SS.Underground Storage Tank means any stationary container or vessel, which is ten percent (10%) or more beneath the surf ace of the ground and includes the associated underground piping, underground ancillary equipment and containment system(s) connected thereto, and is: 1.constructed primarily of non-earthen materials; and 2.designated to contain any substance. For purposes of this definition, associated underground piping means piping leading to and away from the Underground Storage Tank until such piping is abov e ground or terminates in another Underground Storage Tank, receptacle, dispenser, or manufacturing process. TT.Your Location means a location owned, rented to or leased by the Named Insured, provided that such location is listed in the Your Location Schedule endorsed onto this Policy. Your Location does not include a Job Site or Non-Owned Disposal Site. SECTION IV -EXCLUSIONS A.The following exclusions apply to SECTION I -INSURING AGREEMENTS, A. Professional Coverages and B. Pollution Cov erages: This Policy does not apply to any Claim, negligent act, error or omission in Professional Services, Professional Loss, Rectification Expense, Protective Loss, Pollution Condition, Pollution Loss, Emergency Remediation Expense, Pollution Protective Loss, or any other cov erage afforded under this Policy, including SECTION II –SUPPLEMENTAL COVERAGES, directly or indirectly for or based upon or arising out of: 1.Contractual Liability your: a.assumption of liability in a contract or agreement; or b.breach of contract or agreement. This exclusion does not apply to: (i)liability that you would hav e in the absence of a contract or agreement; or (ii)solely with regard to SECTION I –INSURING AGREEMENTS, B.1. Job Site Cov erage and B.2. Transportation Coverage, liability assumed by the Named Insured in an Insured Contract. 2.Employer’s Liability any injury to: a.any of your em pl oyees, including any Leased Workers, directors, partners, principals, members, officers, stockholders or trustees, but solely within the course and scope of their employment or lease agreement and only if such injury arises in the course of: (i)employment by you; or (ii)performing duties related to the conduct of your business; or EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 14 of 28 May not be copied without permission. b.the spouse, domestic partner, child, parent, brother or sister of anyone set forth in Subsection 2.a. di rectly abov e, as a consequence of any injury to any of the persons described in Subsection 2.a. directly above. This exclusion applies whether you may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability the Named Insured assumed under an Insured Contract. 3.Express Warranty and Guaranty any express warranty or guaranty. This exclusion does not apply to liability you would have in the absence of such express warranty or guaranty. 4.Your Faulty Workmanship solely with regard to SECTION I -INSURING AGREEMENTS, B. Pollution Cov erages, the cost to repair or replace faulty workmanship, construction, fabrication, installation, assembly, erecting, manufacture or remediation, if such faulty workmanship, construction, fabrication, installation, assembly, erecting, manufacture or remediation was performed, in whole or in part, by you. 5.Fiduciary Liability any involvement by you: a.as a director, partner, principal, member, officer, stockholder, trustee, or em pl oyee of a business enterprise not stated in Item (1) of the Declarations or of any charitable organization, or pension, welfare, profit sharing, mutual or inv estment fund or trust; or b.as a fiduciary under the Employee Retirement Income Security Act of 1974, as amended, or any regulation or order issued pursuant thereto or under any other employee benefit plan. 6.Hostile Acts any consequence, whether direct or indirect, of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, rev ol ution, insurrection or military or usurped power, strike, riot, or civil commotion. 7.Insurance and Suretyship the requiring, obtaining, maintaining, advising as to, or the failure to require, obtain, maintain or advise as to any form of insurance, suretyship or bond, either with respect to any Insured or any other person or entity. 8.Insured versus Insured any Claim made by an Insured against any other Insured. This exclusion does not apply to a Claim by any person or entity, including a Client, that meets the definition of an Insured in SECTION III –DEFINITIONS, K.Insured, Subsection 9. 9.Intentional and Dishonest Acts a.intentional di sregard of, or non-compliance with, any statute, regulation, ordinance, law or order, by or at your direction or your agent’s direction; or b.actual or al leged fraudulent, di shonest, malicious or intentionally or inherently harmful conduct by you. This ex clusion does not apply to any Insured that did not allegedly commit or allegedly participate EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 15 of 28 May not be copied without permission. in committing any of the foregoing conduct described abov e. 10.Known Circumstances or Conditions a.a Claim, negligent act, error or om ission in Professional Services, Professional Loss, Rectification Expense, Protective Claim, Protective Loss, Pollution Condition, Pollution Loss, Emergency Remediation Expense, Pollution Protective Claim or Pollution Protective Loss reported to or known by a Responsible Insured prior to the inception of the Policy Period; or b.a circumstance or condition known by a Responsible Insured prior to the inception of the Policy Period, which is not identified by you in the statements, declarations and information contained in the Application for this Policy, where the Responsible Insured should hav e reasonably foreseen that a Claim, negligent act, error or omission in Professional Services, Professional Loss, Protective Claim, Protective Loss, Pollution Condition, Pollution Loss, Pollution Protective Claim, or Pollution Protective Loss would result, or Rectification Expense or Emergency Remediation Expense would be incurred. Howev er, in the event that during the Policy Period you exacerbate a Pollution Condition caused by others, coverage is not excluded for that portion of the Pollution Loss, Emergency Remediation Expense or Pollution Protective Loss that would not exist but for your ex acerbation of the Pollution Condition. 11.Notices to Previous Insurers any Claim, negligent act, error or omission in Professional Services, Rectification Expense, Protective Claim, Pollution Condition, Emergency Remediation Expense, Pollution Protective Claim or other circumstance reported by you in part or in whole under any prior policy. 12.Products Liability any goods, materials or products designed, manufactured, sold, handled, distributed or supplied by you, a Design Professional,a Subcontractor or by others under license or trade name from you, a Design Professional or Subcontractor. This exclusion does not apply to: a.the design of a good or product that has been specifically designed or otherwise provided to accommodate the specifications of a particular project or multiple projects for a specific customer. This ex ception does not apply to any subsequently manufactured goods or products using the same design, without al teration, as any previously customized good or product; b.computer software or programs specifically dev el oped for a third-party that is not av ailable for general sale and distribution, and is provided in conjunction with Professional Services, Design Professional Services,Contracting Services or Subcontractor Services; or c.the fabrication, assembly or installation of goods, materials or products prov ided in connection with the performance of Contracting Services. 13.Property a.damage to any real property owned, rented or leased by you, except for Your Location or real property owned or leased by, or in the care, custody or control of, the Client; or b.for the repair, replacement or restoration of any personal property you own or lease, except for personal property owned or leased by, or in the care, custody or control of, the Client. 14.Radioactive / Nuclear Material a.material or waste that if disposed must be pl aced in a geologic repository as defined in 10 CFR 60 or 10 CFR 63 or any other existing or planned disposal facility for waste that would EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 16 of 28 May not be copied without permission. not otherwise qualify as Low-Level Radioactive Waste and Material; b.radioactive waste or material for which, you have coverage under any nuclear insurance policy or have received indemnity from any United States or international government authority or statute, including but not limited to the United States Price Anderson Act (Public Law 100-408)or the United States National Defense Contracts Act (Public Law 85-804); c.tailings, milling wastes, or products produced by the extraction of uranium or thorium from any ore processed for its source material; d.any nuclear weapon, engineered assembly, or component thereof designed to cause the release of radiological material or any hazardous substance onto a chosen target or to generate a nuclear detonation; and e.the existence, required removal or abatement of naturally occurring radioactive materials or technologically enhanced naturally occurring radioactive materials, including but not limited to radon, including, but not limited to the actual, alleged or threatened exposure of any person(s) or property to any such matter. 15.Related Entities and Individuals a Claim by an entity or individual: a.that wholly or partially owns, operates or manages you; b.that you have a direct or indirect ownership interest of twenty-five percent (25%) or more; c.that is controlled, operated or managed by you; or d.that is an affiliate of you. 16.Workers’ Compensation and Similar Laws your obligation under a workers’ compensation, unemployment compensation, or disability benefits law or any similar law. B.The following ex clusions apply only to SECTION I -INSURING AGREEMENTS, A.3. Protective Loss Cov erage and B.4. Pollution Protectiv e Loss Cov erage: We shall not be liable to make any payment or indemnify you for any Protective Loss or Pollution Protective Loss di rectly or indirectly for or based upon or arising out of: 1.Default Judgment a default judgment, monetary award or any liability imposed where the Design Professional or Subcontractor failed to appear, respond, answer, defend or otherwise plead in connection with the Protective Claim or Pollution Protective Claim. This ex clusion does not apply if you establish that you would hav e recovered, from the Design Professional or Subcontractor in the absence of a default judgment, a monetary award or had any liability imposed where the Design Professional or Subcontractor failed to appear, respond, answer, defend or otherwise plead in connection with the Protective Claim or Pollution Protective Claim. 2.Project-Specific Policy a Protective Claim or Pollution Protective Claim for which, insurance is av ailable to you under a project specific policy, or would hav e been av ailable but for the exhaustion of limits of liability under such policy. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 17 of 28 May not be copied without permission. C.The following exclusions apply only to SECTION I -INSURING AGREEMENTS, B.6. Your Location Cov erage: We shall not be liable to make any payment for any Pollution Loss di rectly or indirectly for or based upon or arising out of: 1.Asbestos and Lead-Based Paint the existence of, required removal or abatement of lead-based paint or asbestos, in any form, in or on any building or structure on or at Your Location, including, but not limited to products containing asbestos, asbestos fibers, asbestos dust, and asbestos containing materials. 2.Divested Location any Pollution Condition on, at, under or migrating from Your Location, where the actual discharge, dispersal, release, seepage, migration or escape of Pollutants commenced subsequent to the time Your Location was sold, giv en away, no longer used or leased by you, abandoned by you, or condemned. 3.Material Change in Use a m aterial change in the use of , or operations at, Your Location from the use or operations identified by you in the statements and information contained in the Application for this Policy including any other supplemental materials submitted to us prior to the inception of the Policy Period or prior to Your Location being endorsed onto this Policy. 4.Underground Storage Tank the existence of any Underground Storage Tank on, at or under Your Location. This exclusion does not apply to: a.an Underground Storage Tank that is closed, abandoned in place or removed prior to the inception of the Policy Period, in accordance with all applicable Federal, State, Local or Provincial regulations; b.an Underground Storage Tank that is identified in the Your Location Schedule endorsed onto this Policy; c.an Underground Storage Tank, the ex istence of which, is unknown by a Responsible Insured as of the inception of the Policy Period; d.any flow-through process tank, including oil/water separator; or e.storage tank(s) situated in a man-made underground area (such as a basement, cellar, mine shaft or tunnel) if the storage tank is situated upon or abov e the surface of the floor. SECTION V -LIMITS OF LIABILITY AND SELF-INSURED RETENTION AMOUNT A.Aggregate Limits of Liability 1.The Policy Aggregate Limit of Liability set forth in Item (3) of the Declarations is the most we shall pay for the sum of all Professional Loss, Rectification Expense, Protective Loss, Pollution Loss, Emergency Remediation Expense,Pollution Protective Loss,and any other amounts for which insurance is afforded under SECTION I -INSURING AGREEMENTS of this Policy, regardless of the number of Claim(s). 2.The Aggregate Limit of Liability for A. Professional Coverages, set forth in Item (4) A. Professional Cov erages of the Declarations is the most we shall pay for the sum of all Professional Loss, EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 18 of 28 May not be copied without permission. Rectification Expense, Protective Loss, and any other amounts for which insurance is afforded under SECTION I -INSURING AGREEMENTS, A. Professional Cov erages of this Policy, regardless of the number of Claim(s). 3.The Aggregate Limit of Li ability for B. Pollution Coverages, set forth in Item (4) B. Pollution Coverages of the Declarations is the most we shall pay for the sum of all Pollution Loss, Emergency Remediation Expense, Pollution Protective Loss, and any other amounts for which insurance is afforded under SECTION I -INSURING AGREEMENTS, B. Pollution Coverages of this Policy, regardless of the number of Pollution Condition(s)or Claim(s). B.Limits of Liability 1.Subject to the Aggregate Limit of Liability for A. Professional Cov erages, set forth in Item (4) A. Professional Cov erages of the Declarations, the Limit of Liability for each negligent act, error or omission for each coverage set forth in Item (4) A. Professional Cov erages of the Declarations is the most we shall pay for all Professional Loss, Rectification Expense and Protective Loss based upon or arising out of a single negligent act, error or omission for which, insurance is afforded under SECTION I -INSURING AGREEMENTS, A. Professional Coverages of this Policy. 2.Subject to the Aggregate Limit of Liability for B. Pollution Cov erages, set forth in Item (4) B. Pollution Cov erages of the Declarations, the Limit of Liability for each Pollution Condition for each coverage set forth in Item (4) B. Pollution Coverages of the Declarations is the most we shall pay for all Pollution Loss, Emergency Remediation Expense and Pollution Protective Loss based upon or arising out of the same, related, repeated or continuous Pollution Condition for which, insurance is afforded under SECTION I -INSURING AGREEMENTS, B. Pollution Coverages of this Policy. C.Legal Expense in Addition to the Limits of Liability 1.Professional Liability Solely with respect to SECTION I -INSURING AGREEMENTS, A.1. Professional Liability Cov erage, once the applicable Self-Insured Retention Am ount has been satisfied, Legal Expense shall not begin to reduce the Limits of Liability set forth in Item (3) or Item (4) A. Professional Coverages Aggregate Limit of Li ability of the Declarations,until we hav e incurred, on behalf of one or more Insureds, the Legal Expense Aggregate Limit of Liability, if any, set forth in Item (4) A. of the Declarations. Once we hav e incurred the Item (4) A. Legal Expense Aggregate Limit of Li ability, Legal Expense applies to and reduces each applicable Limit of Liability set forth in Item (3) and Item (4) A. Professional Cov erages Aggregate Limit of Liability of the Declarations. 2.Pollution Liability Solely with respect to SECTION I -INSURING AGREEMENTS, B.1. Job Site Cov erage, B.2. Transportation Coverage, B.5. Non-Owned Disposal Site Cov erage and B.6. Your Location Cov erage, once the applicable Self-Insured Retention Amount has been satisfied, Legal Expense shall not begin to reduce the Limits of Liability set forth in Item (3) and Item (4) B. Pollution Coverages Aggregate Limit of Liability of the Declarations until we hav e incurred, on behalf of one or more Insureds, the Legal Expense Aggregate Limit of Liability, if any, set forth in Item (4) B. of the Declarations. Once we hav e incurred the Item (4) B. Legal Expense Aggregate Limit of Li ability, Legal Expense applies to and reduces each applicable Limit of Liability set forth in Item (3) and Item (4) B. Pollution Coverages Aggregate Limit of Liability of the Declarations. D.Self-Insured Retention Amount 1.The Self-Insured Retention Amount must first be satisfied by payments by you that have been made with our prior written consent (such consent shall not be unreasonable withheld), or by covered Emergency Remediation Expense, before we hav e any obligation to pay any amounts under this Policy. The Self-Insured Retention Am ount must be paid by you and be uninsured and cannot be EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 19 of 28 May not be copied without permission. satisfied by payments made under another insurance policy. In the event that you or the person or entity designated by the First Named Insured does not satisfy the Self-Insured Retention Amount, the First Named Insured is responsible for the Self-Insured Retention Amount obligation. 2.Subject to the Limits of Liability set forth in Item (3) and Item (4) A. Professional Cov erages of the Declarations, we are liable only for that portion of Professional Loss and Rectification Expense under SECTION I -INSURING AGREEMENTS, A. Professional Cov erages, of this Policy in excess of the Self-Insured Retention Am ount for each negligent act, error or omission, if any, set forth in Item (4) A. Professional Coverages of the Declarations for each such cov erage. 3.Subject to the Limits of Liability set forth in Item (3) and Item (4) B. Pollution Coverages of the Declarations, we are liable only for that portion of Pollution Loss and Emergency Remediation Expense under SECTION I -INSURING AGREEMENTS, B. Pollution Cov erages, of this Policy in excess of the Self-Insured Retention Amount for each Pollution Condition, if any, set forth in Item (4) B. Pollution Cov erages of the Declarations for each such cov erage. 4.Legal Expense applies to and reduces each applicable Self-Insured Retention Amount set forth in Item (4) A. Professional Cov erages and Item (4) B. Pollution Coverages, and the Legal Expense Aggregate Limit of Liability, if any, set forth in Item (4) A. and Item (4) B. of the Declarations. 5.When a written agreement ex ecuted prior to the negligent act, error or omission in Professional Services or discov ery of a Pollution Condition, specifies a Self-Insured Retention Am ount less than the Self-Insured Retention Am ount for the applicable coverage(s) stated in Item (4) of the Declarations, then the Self-Insured Retention Am ount applicable to such coverage shall be the lesser amount required by that written agreement, provided that: a.you promptly reimburse us for the am ount of the difference between the Self-Insured Retention Amount required by written agreement and the Self-Insured Retention Amount for the applicable coverage(s) stated in Item (4) of the Declarations; and b.you indemnify us for any loss,cost, ex pense or attorney's fees and costs incurred by us in enforcing our rights herein. 6.If you mutually agree with us to use Mediation to resolve a Claim and the Claim is subsequently resolv ed as a direct consequence of Mediation, the Self-Insured Retention Am ount applicable to said Claim shall be reduced by fifty percent (50%), subject to a maximum reduction of no more than $25,000. In the event you owe any portion of the Self-Insured Retention Amount, it shall be paid to us within thirty (30) days following receipt of the executed, full and final release of the Claim. E.Multiple Insureds and Multiple Related Claims 1.The number of Insureds covered by this Policy shall not operate to increase either any Limits of Liability or Legal Expense set forth in Item (3) or Item (4) of the Declarations, or as set forth in SECTION II -SUPPLEMENTAL COVERAGES, notwithstanding any other provisions of this Policy. 2.Multiple Claim(s)against one or multiple Insureds, Rectification Expense indemnified for one or multiple Insureds, or Protective Claim(s) made by one or multiple Insureds, for Professional Loss, Rectification Expense or Protective Loss, incurred ov er one or more Policy Period(s)and based upon or arising out of the same, related, repeated or continuous negligent act, error or omission shall be treated as a single Claim,subject to: a.a single Limit of Liability; b.a single Self-Insured Retention Amount; and c.shall not operate to increase any Limits of Liability or Legal Expense set forth in Item (3) or Item (4) of the Declarations. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 20 of 28 May not be copied without permission. All such Claim(s), Rectification Expense or Protective Claim(s), whenev er made, shall be considered first made on the date the earliest such Claim, Rectification Expense or Protective Claim was first made, or incurred and only a policy providing coverage for the earliest Claim(s), incurred Rectification Expense or Protective Claim(s) shall afford coverage. If more than one cov erage applies to the whole or a part of any Claim(s),Rectification Expense or Protective Claim(s) treated as a single Claim pursuant to this section, then the each negligent act, error or omission Limit of Liability for the entirety of that single Claim and the applicable Self-Insured Retention Amount for that single Claim shall be those set forth in Items (4) A.1. Professional Liability Cov erage, A.2. Rectification Ex pense Cov erage, or A.3. Protective Loss Cov erage of the Declarations for the applicable coverage with the largest each negligent act, error or omission Limit of Liability and Self-Insured Retention Amount. If more than one applicable coverage has the same each negligent act, error or omission Limit of Liability, but have different Self-Insured Retention Amounts, then the largest Self-Insured Retention Am ount shall apply to that single Claim. 3.Multiple Claim(s)against one or multiple Insureds, Emergency Remediation Expense indemnified for one or multiple Insureds, or Pollution Protective Claim(s)made by one or multiple Insureds, for Pollution Loss, Emergency Remediation Expense or Pollution Protective Claim(s), ov er one or more Policy Period(s) and arising out of the same, related, repeated or continuous Pollution Condition shall be treated as a single Claim, subject to: a.a single Limit of Liability; b.a single Self-Insured Retention Amount; and c.shall not operate to increase any Limits of Liability or Legal Expense set forth in Item (3) or Item (4) of the Declarations. All such Claim(s), Emergency Remediation Expense or Pollution Protective Claim(s),whenev er made, shall be considered first made on the date the earliest such Claim(s), Emergency Remediation Expense or Pollution Protective Claim(s)was first made and only the policy providing coverage for the earliest Claim(s), Emergency Remediation Expense or Pollution Protective Claim(s)shall afford coverage. If more than one coverage applies to the whole or a part of a Claim(s), Pollution Protective Claim(s)or Emergency Remediation Expense treated as a single Claim pursuant to this section, then the each Pollution Condition Limit of Liability for the entirety of that single Claim and the applicable Self-Insured Retention Am ount for that single Claim shall be those set forth in Items (4) B.1. Job Site Coverage, B.2. Transportation Coverage, B.3. Em ergency Remediation Expense, B.4. Pollution Protective Loss Cov erage, B.5. Non-Owned Disposal Site Cov erage, and B.6. Your Location Cov erage of the Declarations for the applicable coverage with the highest each Pollution Condition Limit of Liability. If more than one applicable cov erage has the same each Pollution Condition Limit of Liability, but has different Self-Insured Retention Amounts, then the highest Self-Insured Retention Amount shall apply to that single Claim. F.Exhaustion of Applicable Limit of Liability Once any applicable Limit of Li ability set forth in Item (3) or Item (4) of the Declarations, or set forth in SECTION II -SUPPLEMENTAL COVERAGES, has been exhausted, we hav e no obligation to: 1.defend or continue to def end any Claim by paying Legal Expense under that applicable Limit of Liability; or EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 21 of 28 May not be copied without permission. 2.pay any Professional Loss, Rectification Expense, Protective Loss, Pollution Loss, Emergency Remediation Expense, Pollution Protective Loss, SECTION II -SUPPLEMENTAL COVERAGES, or any other amounts under that applicable Limit of Liability. G.Insurance Under Multiple Policies 1.Notwithstanding anything to the contrary in this Policy or any other policy issued by us or an entity affiliated with us, under no circumstances shall more than one policy issued to you by us or an entity affiliated with us apply to any Professional Loss, Rectification Expense, Protective Loss, Pollution Loss, Emergency Remediation Expense or Pollution Protective Loss that: a.arise(s) out of the same, related, repeated or continuous act(s), error(s) or omission(s) in rendering or failing to render Professional Services or Design Professional Services; or b.arise(s) out of the same, related, repeated or continuous Pollution Condition(s); or c.arise(s) out of Bodily Injury, Property Damage or other injury, damage or loss that occurs or continues through more than one policy period of two or more policies (including this Policy) issued by us or an entity affiliated with us. 2.If the Bodily Injury, Property Damage or other injury, damage or loss arises out of a Pollution Condition(s), then the only policy that shall respond to any resulting Professional Loss, Rectification Expense, Protective Loss, Pollution Loss, Emergency Remediation Expense or Pollution Protective Loss is the first policy in effect when the first ex posure to the Pollution Condition(s)occurs. Howev er, if the date of the first exposure to the Pollution Condition(s): a.occurs prior to the first day of the policy period of the first policy issued by us or an entity affiliated with us, or b.cannot be determined, then the first exposure to the Pollution Condition(s)shall be deemed to have occurred only on the first day of the policy period of the first policy issued by us or an entity affiliated with us. 3.If the Bodily Injury, Property Damage or other injury, damage or loss arises out of something other than a Pollution Condition, then the only policy that shall respond is the policy in effect when the actual or alleged negligent act(s), error(s) or omission(s) in rendering or failing to render Professional Services or Design Professional Services was first reported to us or an entity affiliated with us. SECTION VI –OPTIONAL EXTENDED REPORTING PERIOD SECTION VI –OPTIONAL EXTENDED REPORTING PERIOD only applies to insurance afforded by this Policy under SECTION I -INSURING AGREEMENTS, A.1. Professional Liability Coverage, A.3. Protective Loss Cov erage, B.1. Job Site Coverage, B.2. Transportation Cov erage, B.4. Pollution Protective Loss Cov erage, B.5. Non-Owned Disposal Site Coverage, and B.6. Your Location Coverage. In the event of non-renewal or cancellation of this Policy by the First Named Insured, the First Named Insured may purchase an Optional Ex tended Reporting Period of up to three (3) consecutive three-hundred and sixty-five (365) day periods, subject to the following terms, conditions and exceptions: 1.The Optional Extended Reporting Period becomes effective upon payment of an additional premium. Regardless of the period purchased for the Optional Extended Reporting Period, the additional premium will EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 22 of 28 May not be copied without permission. be not more than one hundred percent (100%) of the total premium of this Policy. The Optional Ex tended Reporting Period commences on the last day of the Policy Period and becomes effective for up to three (3) consecutiv e three-hundred and sixty-five (365) day periods. The ni nety (90) days of additional reporting, if applicable, will be merged into the Optional Extended Reporting Period and is not in addition to the Optional Extended Reporting Period. 2.The First Named Insured must request the purchase of the Optional Extended Reporting Period in writing to us within thirty (30) days following the termination of this Policy and pay the premium to us promptly when due. 3.If purchased, the Optional Extended Reporting Period shall apply to: a.a Claim, Protective Claim or Pollution Protective Claim first made against you or by you, as applicable, during the Policy Period and reported to us, in writing, during the Optional Extended Reporting Period and otherwise cov ered under this Policy; or b.a Claim,Protective Claim or Pollution Protective Claim first made against you or by you, as applicable, and reported to us, in writing, during the Optional Ex tended Reporting Period and otherwise cov ered under this Policy. In this case, the Claim, Protective Claim or Pollution Protective Claim shall be deemed to hav e been made against you or by you, as applicable, on the last day of the Policy Period. 4.Solely with respect to SECTION I –INSURING AGREEMENTS, B.6. Your Location Cov erage, if purchased, the Optional Extended Reporting Period does not apply where a Pollution Condition is first discov ered by you after the Policy Period. 5.The First Named Insured shall not have the right to purchase the Optional Ex tended Reporting Period where: a.this Policy is terminated for fraud or cancelled on any ground set forth in Subsections 2.a., 2.b. and 2.c. of SECTION VIII -CONDITIONS, D. Cancellation; or b.you hav e obtained other replacement insurance from an entity other than us or our affiliate which is effective af ter the Policy Period, regardless of whether the cov erage afforded under such replacement insurance is identical to the coverage afforded under this Policy. 6.The Optional Extended Reporting Period granted hereunder shall be subject to all the terms and conditions of this Policy and shall only apply to Claim(s),Protective Claim(s) or Pollution Protective Claim(s)based upon or arising out of the performance of Professional Services, Design Professional Services, Contracting Services or Subcontractor Services prior to the cancellation or non-renewal of this Policy, and that are otherwise cov ered under this Policy. 7.The Optional Extended Reporting Period shall be non-cancellable except for fraud or for any ground set forth in Subsections 2.a., 2.b., and 2.c. of SECTION VIII –CONDITIONS, D. Cancellation. At the commencement of the Optional Ex tended Reporting Period, the entire premium shall be considered one hundred percent (100%) fully earned. 8.The Limits of Liability applicable to the Optional Extended Reporting Period shall be the Limits of Liability remaining under this Policy. 9.The quotation of different terms and conditions by us and the First Named Insured’s choice not to accept those quoted terms and conditions shall not be construed as non-renewal of this Policy. SECTION VII -REPORTING, DEFENSE, SETTLEMENT AND COOPERATION A.Admission of Liability and Recommended Settlement EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 23 of 28 May not be copied without permission. As a condition precedent to the coverage hereunder: You shall not admit liability with respect to any Claim without our prior written consent. If we recommend a settlement of a Claim: 1.for an am ount within the Self-Insured Retention Am ount, and you refuse to settle for such recommended amount, we shall not be liable for any Professional Loss,Pollution Loss, and any other cov erage afforded by endorsement; or 2.for a total amount in excess of the Self-Insured Retention Amount, and you refuse to settle for such recommended amount, our liability for Professional Loss,Pollution Loss, and any other cov erage afforded by endorsement, shall be limited to that portion of such recommended am ount, pl us the Legal Expense incurred as of the date we recommended such settlement amount, which exceeds the Self-Insured Retention Amount, but falls at or within the Limits of Liability. B.Circumstance Reporting If during the Policy Period, the Named Insured first becomes aware of an actual or alleged negligent act, error or omission in Professional Services or a Pollution Condition,that the Named Insured reasonably believes may result in a Claim (hereafter referred to as a “Circumstance”) that this Policy may apply, the Named Insured may provide written notice, of the actual or alleged negligent act, error omission in Professional Services or the Pollution Condition, to us during the Policy Period. Any such Circumstance that subsequently becomes a Claim made against the Named Insured and reported to us, in writing, shall be considered to have been first made and reported during the Policy Period and shall be subject to all of the terms and conditions of this Policy. As a condition precedent to the rights afforded to the Named Insured under this Subsection B., such written notice to us of a Circumstance shall contain all of the following information: 1.the date and details of all actual and alleged negligent acts, errors or omissions in Professional Services that took place, along with the specific nature, date and extent of any injury or damage that has been sustained; 2.the date and details of the Pollution Condition and the Contracting Services that may have caused such condition; 3.copies of any agreements that hav e been entered into by the Named Insured that are related to the Professional Services or Contracting Services; and 4.details explaining how the Named Insured first became aware of the Circumstance. We shall determine, in our sole discretion, whether the Named Insured’s written notice satisfies the condition precedent abov e. C.Defense We hav e the right and the duty to defend any Claim you seeking Professional Loss or Pollution Loss to which this insurance applies, subject to satisfaction of the Self-Insured Retention Amount, ev en if any of the allegations are groundless, false or fraudulent. W e shall hav e the right, but not the duty to defend you against any Claim for Professional Loss or Pollution Loss where the Self-Insured Retention Amount has not yet been satisfied.We shall also have the right to select counsel to defend you in connection with any Claim or Pollution Condition covered under this Policy. If we exercise such rights set forth above, you must promptly reimburse us for any payments made by us within the Self-Insured Retention Amount, if any. However, we hav e no duty to defend any Claim to which this insurance does not apply. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 24 of 28 May not be copied without permission. D.Duties As a condition precedent to the coverage hereunder: 1.You must notify us of each of the following, as soon as practicable: a.a Claim, Protective Claim or Pollution Protective Claim; b.Bodily Injury or Property Damage that may result in a Claim, Protective Claim or Pollution Protective Claim; c.an act, error or omission in Professional Services that may result in a Claim, Rectification Expense or Protective Claim; d.a Pollution Condition; and e.Remediation Expense. 2.You must forward to us or to any of our authorized agents all demands, notices, summonses, legal papers or orders receiv ed by you or your representative as soon as practicable. 3.You must provide to us, whether orally or in writing, notice of the particulars including the time, place and circumstances of the Claim, act, error or omission in Professional Services or Design Professional Services, Protective Claim, Pollution Condition, Pollution Protective Claim, Bodily Injury, Property Damage or Remediation Expense, along with the names and addresses of any injured persons and witnesses. In the event of oral notice, you must furnish to us a written notice of such particulars as soon as practicable. Notice, whether orally or in writing, must be provided to us when a Protective Claim or Pollution Protective Claim is initiated. 4.You must cooperate with us with respect to any coverage sought under this Policy. Upon our request, you shall submit to examination under oath by a representative of us. 5.You shall attend hearings, depositions and trials and assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses and otherwise cooperate in the investigation or defense of a Claim, and the maintenance and pursuit of, and recov ery of monies in connection with the Protective Claim and Pollution Protective Claim. You must further cooperate with us and do whatev er is necessary to secure and affect any rights of indemnity, contribution, apportionment or subrogation that you or we may hav e. SECTION VIII -CONDITIONS A.Action Against Us No action by a third-party to this Policy shall lie against us unless, as a condition precedent thereto: 1.you hav e fully complied with all of the terms of this Policy; and 2.the amount you are obligated to pay has been finally determined either by judgment against you after actual trial or by your written agreement, the claimant and us. Any person or entity that has secured such judgment or entered into such written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy. No person or entity shall hav e any right under this Policy to join us as a party to any action against you to determine your liability, nor shall we be brought into such action by you or your legal representative. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 25 of 28 May not be copied without permission. B.Assignment This Policy cannot be assigned without our prior written consent. Such consent shall not be unreasonably withheld or delayed. C.Bankruptcy or Insolvency Your bankruptcy or insolv ency, or of your estate, shall not relieve us of any of our obligations under this Policy. D.Cancellation The following with regards to cancellation apply to this Policy: 1.Cancellation by the First Named Insured: This Policy may be cancelled by the First Named Insured by mailing to us written notice stating when thereafter the cancellation shall be effective. The mailing of such notice must be sent by certified mail, return receipt requested or by electronic mail. The effective date and time of cancellation stated in the written notice shall become the end of the Policy Period. The Minimum Earned Premium for this Policy shall be the percentage stated in Item (7) of the Declarations of the total premium for this Policy. This means that such percentage of the total premium for this Policy is fully earned by us on the inception of the Policy Period. The First Named Insured is not entitled to any return of the Minimum Earned Premium upon cancellation. If the Minimum Earned Premium is less than one hundred percent (100%) of the total premium for this Policy, and the First Named Insured cancels this Policy, then the amount of premium returnable after the minimum premium earned is retained by us shall be computed in accordance with the customary short-rate table and procedure. 2.Cancellation by Us: This Policy may be cancelled by us by mailing to the First Named Insured at the address shown in Item (1) of the Declarations, written notice stating when not less than ninety (90) days thereafter [or fifteen (15) days for non-payment of premium] such cancellation shall be effective. The mailing of such notice shall be sufficient proof of notice of cancellation. The effectiv e date and time of cancellation stated in the written notice shall become the end of the Policy Period. We may cancel this Policy at any time, but only for the following reasons: a.you made a material misrepresentation that affects our assessment of the risks insured by this Policy; b.you breached or failed to comply with Policy terms, conditions, contractual duties or any of your obligations under this Policy or at law; or c.you failed to pay the premium or the Self-Insured Retention Amount. If we cancel this Policy for reasons set forth in Subsections D.2.a. or D.2.b. referenced directly abov e, then the amount of premium returnable to the First Named Insured is computed on a pro-rata basis. If we cancel the Policy for reasons set forth in Subsection D.2.c. above, there shall be no return premium. In the ev ent of cancellation by us from any ground referred to in Subsection D.2.b. referenced directly abov e, you shall have ninety (90) days from the date of notice of cancellation to remedy each breach EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 26 of 28 May not be copied without permission. and each failure that is a ground for cancellation, but only as to each and ev ery breach and failure that are capable of being remedied. If your remedial efforts are completed within such ninety (90) day period and are satisfactory to us, we shall rescind the Notice of Cancellation with a written confirmation to the First Named Insured. 3.The following provisions also apply to Subsections D.1. and D.2. above: a.The premium adjustment shall occur as soon as practicable after cancellation becomes effective howev er, payment of unearned premium is not a condition of our cancellation. b.If a Claim for Professional Loss or Pollution Loss is made, a Pollution Condition is discov ered, a Protective Claim or Protective Pollution Claim is made by you against a Design Professional or Subcontractor, or coverage is otherwise requested from us by you, during the Policy Period, within ninety (90) days of the end of the Policy Period, or the Optional Extended Reporting Period, then the premium shall be considered one hundred percent (100%) earned, and the First Named Insured is not entitled to any return of premium upon cancellation. c.If this Policy is terminated for fraud, misrepresentation or non-payment of premium, the ninety (90) days of additional reporting will not apply. E.Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not constitute a waiv er or a change in any part of this Policy or estop us from asserting any right under the terms of this Policy. The terms and conditions of this Policy cannot be waiv ed or changed, except by endorsement issued by us to form a part of this Policy. F.Choice of Law and Jurisdiction and Venue All matters arising from or related to this Policy, including without limitation questions related to the validity, interpretation, performance, and enf orcement of this Policy, and all forms of contractual, tort and statutory claims,shall be determined in accordance with the law and practice of the State of New York (notwithstanding New York’s conflicts of law rules). It is agreed that, in the event of any dispute arising from or related to this Policy, including without limitation questions related to the validity, interpretation, performance, and enforcement of this Policy, and all forms of contractual, tort and statutory claims, we and the Insured will submit to the jurisdiction of any court (state or federal) in New York and will comply with all the requirements necessary to giv e such court jurisdiction. Nothing in this clause constitutes or should be understood to constitute a waiver of the right of us or the Insured to remove an action to the United States District Court, regardless of the jurisdiction in which, an action is commenced. G.Declarations and Representations By acceptance of this Policy, you agree that: 1.the statements, declarations and information contained in the Application for this Policy are true, correct and complete; 2.all such statements, declarations and information are material to our underwriting of this Policy; 3.this Policy has been issued by us in reliance upon the truth, correctness and completeness of such statements, declarations and information, and 4.the Application for this Policy, including all statements, declarations and information submitted to us as part of the Application process, is incorporated in and made part of this Policy. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 27 of 28 May not be copied without permission. H.Design Professional’s Insurance You shall require that each Design Professional, with whom you enter into a written agreement, carry professional liability insurance. I.Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of this Policy. J.Inspection and Audit We shall be permitted, but not obligated, to examine, audit, monitor and inspect on a continuing basis any of your books, records, services, properties and activities at any time, as far as they relate to the subject matter of this Policy. Neither our right to examine, audit, monitor and make inspections, or the actual undertaking thereof, or any report thereon, neither constitutes an undertaking to determine or warrant that property or operations are saf e, healthful, or conform to acceptable engineering practice, or are in com pliance with any law, rule or regulation. Any inspections shall be coordinated through the broker or agent of the First Named Insured. K.Other Insurance Unless expressly stated to the contrary, this Policy is excess ov er the Self-Insured Retention Am ount and any other valid and collectible insurance whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written specifically ex cess of this Policy by reference in such other policy to this Policy Number in this Policy’s Declarations. When any other insurance has a duty to def end a Claim, we shall hav e no duty to def end the Claim; if the other insurance does not defend the Claim, we shall hav e the right, but not the duty to defend the Claim. With regard to SECTION I -INSURING AGREEMENTS, B. Pollution Coverages, when you are required by written agreement, ex ecuted prior to the first commencement of the Pollution Condition, to include any person or entity as an additional Insured, such cov erage shall be provided on a primary and non-contributory basis to the extent required by the written agreement. L.Severability Except with respect to the Limits of Liability and the Self-Insured Retention Amount, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1.as if each Named Insured were the only Named Insured; and 2.separately to each Insured against whom a Claim is made. Any misrepresentation, act or omission that is in violation of a duty, term or condition under this Policy by one Insured shall not by itself affect cov erage for another Insured under this Policy. Howev er, this exception shall not apply to the Insured who is a parent, subsidiary or affiliate of the Insured which committed the misrepresentation, act or omission referenced above. M.Sole Agent The First Named Insured shall act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non-renewal and the exercise of the rights provided in SECTION VI –OPTIONAL EXTENDED REPORTING PERIOD. EVPCPcmCP 0921 © 2021 X.L. America, Inc. All Rights Reserv ed.Page 28 of 28 May not be copied without permission. N.Subrogation and Recoupment In the ev ent of any payment under this Policy, we shall hav e the right to seek recoupment against you in the ev ent we determine no coverage ex ists and/or be subrogated to all of your rights of recovery against any person or entity and you will execute and deliver instruments and papers and do whatev er else is necessary to secure such rights. Any recov ery as a result of subrogation proceedings under this Policy shall accrue first to you to the extent of your payments in excess of the Limits of Liability of this Policy; then to us to the ex tent of our payment under this Policy; and then to you to the ex tent of your payment of the Self-Insured Retention Am ount. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recov ery in the proportion that each interested party’s share in the recov ery bears to the total recovery amount. We shall have priority in any recovery, and any am ounts recov ered in excess of our total payment and the cost of recovery shall be paid to you. You shall do nothing at any time to prejudice our subrogation rights. Howev er, we waiv e our right of recovery against any person or entity, except for a Design Professional or Subcontractor, including Subcontractors and subconsultants, as referenced in SECTION I –INSURING AGREEMENTS, A.3. Protectiv e Loss Cov erage and B.4. Pollution Protective Loss Cov erage, if and to the extent you agreed to waiv e your right of recovery against such person or entity in a written agreement signed by the Named Insured prior to: 1.the negligent act, error or omission in Professional Services out of which the Claim or request for Rectification Expense arises under SECTION I -INSURING AGREEMENTS, A. Professional Cov erages; or 2.the first commencement of a Pollution Condition out of which the Claim or request for Emergency Remediation Expense or Pollution Loss arises under SECTION I -INSURING AGREEMENTS, B. Pollution Cov erages. O.Territory This Policy applies to Professional Services and Contracting Services rendered worldwide, provided that the Claim, Protective Claim or Pollution Protective Claim is first brought, and at all times maintained, within the United States, its territories and possessions, or in Canada. This Policy does not apply to any Claim, Protective Claim or Pollution Protective Claim for which, payment would be in violation of the laws of the United States including, but not limited to, United States economic or trade sanction laws or export control laws administered by the United States Treasury, State, and Commerce Departments, such as the economic and trade sanctions administered by the United States Treasury Office of Foreign Assets Control. XX 00001 0622 Page 1 of 3 ©2022 Westfield. All Rights Reserved. FOLLOW FORM COMMERCIAL EXCESS LIABILITY POLICY In consideration of the payment of the premium and in reliance upon the application, underwriting information provided by the Named Insured listed in the Declarations (hereinafter referred to as “Named Insured”, "You" and "Your") to the Insurer (hereinafter referred to as “We”, “Us” and “Our”), We agree to provide You with the coverage under this policy as follows: I. INSURING AGREEMENT Subject to all of the terms, conditions and limitations of this policy, including endorsements hereto, We shall pay on behalf of the Insured Loss in excess of the Underlying Limits. This policy shall follow form to the terms, conditions and limitations of the Followed Policy (as noted in the Declarations), except as provided herein or in any endorsement hereto. II. POLICY DEFINITIONS A. Insured means any natural person or entity designated as such in the Underlying Insurance. B. Loss means those amounts actually paid in the settlement or satisfaction of a claim for injury or damage covered under the Followed Policy, the Underlying Insurance and this policy, which You are legally obligated to pay as damages, after making proper deductions for all recoveries and salvage. C. Underlying Insurance means the Followed Policy and any policy(ies) referenced in Item 5 of the Declarations, as well as all applicable policies and other forms of insurance or self insurance, regardless of whether such underlying is scheduled in Item 5 of the Declarations, applicable to a given loss, claim or occurrence. D. Underlying Limits means the sum of the limits of liability of the Underlying Insurance plus any applicable retentions or deductibles under such Underlying Insurance as well as any insurance, retentions or deductibles applicable to a given loss, claim or occurrence, regardless of whether such is scheduled in Item 5 of the Declarations. III. LIMIT AND PAYMENTS A.After any combination of You and all insurers constituting the Underlying Insurance shall have paid as Loss the full amount of the Underlying Limits, including those amounts not paid by Underlying Insurance in the event the Underlying Insurance provides more restrictive coverage than the Followed Policy or this policy, then We shall be liable to pay only such Loss up to the applicable Limits of Liability set forth in Item 3 of the Declarations. B.In the event of the reduction or exhaustion of the aggregate limits of liability in the Underlying Insurance by reason of Loss paid thereunder, this policy shall (1) in the event of reduction, continue in force in excess of the remaining amount of Underlying Insurance; or (2) in the event of exhaustion, continue in force as primary insurance, subject to all terms, conditions and limitations of this policy, including endorsements hereto; provided that in the event of this policy becoming primary insurance, it shall only pay excess of the applicable retention or deductible amount set forth herein and in the Underlying Insurance, which shall be applied to any subsequent loss, claim or occurrence. Notice of reduction or exhaustion of any Underlying Limits shall be given to Us promptly upon such reduction or exhaustion. C.If the limits of liability of the Underlying Insurance are reduced by the payment of defense costs in accordance with the terms of such policies, any payments for defense costs We pay will reduce the applicable Limits of Liability under this policy in the same manner. D.The stated Each Occurrence Limit of Liability as set forth in Item 3 of the Declarations is the maximum amount which We shall pay for all Loss arising out of any one occurrence to which this policy applies. XX 00001 0622 Page 2 of 3 ©2022 Westfield. All Rights Reserved. The stated Policy Aggregate Limit of Liability as set forth in Item 3 of the Declarations is the maximum amount which We shall pay for all Loss that is subject to an aggregate limit provided by the Followed Policy and shall apply in the same manner as the Followed Policy. Subject to the terms, conditions and limitations of this section, the applicable Limits of Liability set forth in Item 3 of the Declarations are the maximum amounts We will pay under this insurance regardless of the number of Insureds, number of occurrences, number of claims brought, or number of claimants or vehicles involved. IV. MAINTENANCE OF UNDERLYING & OTHER INSURANCE A.You shall give Us notice in writing as soon as practicable after any changes are made to the Followed Policy, including but not limited to changes to expand or broaden the coverage provided thereunder or to reduce the limits of liability;, provided however, such changes shall only be effective with respect to and apply to this policy if accepted in writing by Us. Except as provided by endorsement to this policy, the coverage provided under this policy will not be broader than the applicable Followed Policy. B.The Underlying Insurance shall be maintained in full effect while this policy is in force, except for any reduction of the aggregate limits contained therein as provided for in Section III. B. above, and such maintenance shall be a condition precedent to the attachment of Our liability under this policy. To the extent that any Underlying Insurance are not maintained in full effect while this policy is in force, You shall be deemed to be self-insured and fully responsible for the amount of the limit of liability of the Underlying Insurance, that is not so maintained and shall retain any Loss for the amount of the limit of liability which You failed to maintain. C.If other insurance applies to a loss, claim or occurrence that is also covered by this policy, this policy will apply excess of such other insurance. However, this provision will not apply if the other insurance is specifically written to be excess of this policy. Other insurance includes any type of self-insurance or other mechanism by which any Insured arranges for funding of legal liabilities. V. CLAIM AND OTHER NOTICES A.Written notice of any loss, claim or occurrence shall be given to Us in the same manner and at the same time as given to the insurers of the Followed Policy and shall be sent or delivered to Us at the address set forth in Item 7 of the Declarations. B.You must make certain that We are notified as soon as practicable of a loss, claim or occurrence which may result in a claim or suit which may involve this policy. If the Underlying Insurance is exhausted solely by payment of Loss, no Insured will, except at its own cost, voluntarily make any payment, assume any obligation, or incur any expense, other than for first aid, without Our prior written consent. C.We shall be given notice in writing as soon as practicable after the cancellation or non-renewal of any Underlying Insurance. Any changes in the Insured that would require notice under the Underlying Insurance shall be reported to Us in writing as soon as practicable, provided always that We shall not be bound by any such changes without Our prior written consent. VI. CANCELLATION A.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering advance written notice of cancellation to Us. We may cancel this policy by mailing or delivering written notice of cancellation to the first Named Insured at least: 1.10 days before the effective date of cancellation if We cancel for nonpayment of premium; or 2.60 days before the effective date of cancellation if We cancel for any other reason. B.We will mail or deliver Our notice to the Named Insured’s last mailing address known to Us. Notice of cancellation will state the effective date of cancellation. XX 00001 0622 Page 3 of 3 ©2022 Westfield. All Rights Reserved. C.If this policy is cancelled, We will send the first Named Insured any premium refund due. If We cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if We have not made or offered a refund. If notice is mailed, proof of mailing will be sufficient proof of notice. XX 01052 0622 Page 1 of 1 ©2022 Westfield. All Rights Reserved. Endorsement Number: 8 Policy Number: XSL-00001HJ-04 Issued To: Smith Fire Systems, Inc.Policy Period: 11/02/2025 to 11/02/2026 Issued By: Westfield Specialty Insurance Company Effective Date of Endorsement: 11/02/2025 PRIMARY NON-CONTRIBUTORY ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Follow Form Commercial Excess Liability Policy In consideration of the premium charged, the following is added to Subsection C of Section IV. Maintenance of Underlying & Other Insurance: When required by written contract or agreement, the insurance provided by the policy will not be excess of other insurance, other than the Underlying Insurance, and we will not seek contribution from any other insurance, provided the written contract or agreement is executed prior to the date of Loss for which coverage is sought. Any terms contained herein not defined within this endorsement or this policy shall be defined as may be defined within the Followed Policy. This endorsement does not change any other provision of the policy. XX 01022 0622 Page 1 of 1 ©2022 Westfield. All Rights Reserved. Endorsement Number: 14 Policy Number: XSL-00001HJ-04 Issued To: Smith Fire Systems, Inc.Policy Period: 11/02/2025 to 11/02/2026 Issued By: Westfield Specialty Insurance Company Effective Date of Endorsement: 11/02/2025 WAIVER OF SUBROGATION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Follow Form Commercial Excess Liability Policy We waive our right of subrogation against any person or organization to whom or to which You are obligated, prior to any loss, by an Insured Contract to provide such a waiver, but only with respect to Your Work, Your Product or facilities owned, operated, or used by You. Any terms contained herein not defined within this endorsement or this policy shall be defined as may be defined within the Followed Policy. This endorsement does not change any other provision of the policy.