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HomeMy WebLinkAboutR.D. Brown Contractors, Inc. Augusta Richmond GA DOCUMENTNAME:'v.b brown Coc~.\o-c{o'(S -, '"'I.nL.' DOCUMENT TYPE: ~eem ef'>t YEAR: 02..... BOX NUMBER: \ 7 FILE NUMBER: I 06 7 ~ NUMBER OF PAGES: 73 '. 'f.., H .,E" I," 'c . -:-. A MER CAN N S T T UTE o F r A R' "C H ~l T E C T S " J '\ AlA Document AIDI Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUA1 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION \"(/ITH AN A TTORNEY IS ENCOURAGED V?ITH RESPECT TO ITS COMPLETION OR lvlODIFICA TION nle 1987 Edition of AlA DOCUlllellt A201, General Conditions of tbe Contracl for COllslruclioll. is adop'ed ill Ibis doc/lment by reference. Do nol lIse witb ollNr general conditions /lnless Ibis doc/llllellf is lIIochfieet, This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twenty Fourth day of . . October in the year of Ntrreteen-tIutrdreet-aftd Two Thousand and Two (2002) BETWEEN the Owner: Jr::J;~f~e=~ JR~;t:1:.r~n~cfti,'tJ."tI'~'" cP tl.9a~ .o(r::e".,,'&t (Nwlle allcl acldress) 530 Green Street Room 801, Municipal Building Augusta, GA 30911 and the Contractor: R.D. Brown Contractors, Inc. 410 Carolina Springs Road North Augusta, SC 29841 (Nallle (ll/(t ae/e/ress) The Project is: (NWlle allcl foCalioll) FIRE STATION #l Broad Street Augus ta, ,GA The Architect is,: (Nallle alld acldress) Virgo Gambill Architects 2531 Center West Parkway Suite 200 Augusta, GA 30909 The Owner and Contractor agree as set forth below. ) Copyright 1915, 1918, ]925, 193i, 1951. 1958, 1961,1963. 196i, 19i4, 19ii, @198i by The AIl1eric3n Institute of Archi- tects, I i35 Ncw York Avenue, N, W" W:lshington. D,c. 20006, Reproduction of the m3teri:l1 herein or substantial quotation of its provisions without written permission of the AlA violates the copyrightl:lws of the United St:ltes and will be subject to 1eg;1I prosecution, "') ,,_ AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREE"IENT . T\'\lELrTH EDITION. AIA@ . @1987 THE AMEHICAN INSTITUTE OF ARCHITECTS. 1755 NEW YORK AVENUE. N.\X'. WASHINGTON, I),c. 20006 A 101-1987 1 WARNING: Unlicensed photocopying violates U.S. copyrlghllaws and Is subJeclto legal prosecution. f1' .. ;- i, "J " ( :i:: ; ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as jf attached ,to this Agreement or repeated herein, The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9, ,. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3,2 is measured, an'd shall be the date of this Agreement, as first written above, 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. (///serl tlJe dale 0/ commellcemellt, if il differs /rom IlJe dale of Ibis Agreemclll or, !f applicable, slalc tbal IlJe dale willlJe fixed ill a 1I0lice 10 proceed.) The date of commencement shall beBe.L ':'u Lfle WQ'ti99 'l'eJ?ree.::.c.a. C/c...70B.6fZ. .3~ 2007- ~ Unless the' date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests, 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (hlserl (be calcndar date ot"llumbc," oj calendar days aJter tbe date of commencement. Also insert any requirements/or earlier Substantial Completion ofee,.. tarn portiollS of /be \f/Ot"k. if not slated e/sewIJenl ill tbe Cuntract Documents.) (270) Two Hundred Seventy consecutive calendar days from the Notice To Proceed. , subject to adjustments of this Contract Time as provided in the Contract Documents, (Insert prul1isio1ls, zl a"y, fur liqu(daled danza~C!s rf!lclfillg to failure to complete on time.) Liquidated damages in the amount of $200.00 for each consecutive calendar day after the expiration of the contract completion date, except for authorized extensions of time by the owner. AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006 A101.1987 2 WARNING: Unlicensed photocopying violates U,S, copyright laws end is subject to legal prosecution. r ( .... I, I'i ? :7.. t -'~ ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's perfonl1311ce of the Contract the Contract Sum of One Million, Four hundred-Eleven thousand Eight hundred Eiqhty-six Dollars ($ 1,411,886..00 ), subject to additions and deductirJJ1s :Is provided in the Con- tract Documents, 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: " (Slllll' Ibe 1I11111IJers or ulber 1"""II/1catlol {)f acceple" (llle/'l/(/los, i/ declslU/ls (JII olber alle!'llales are 10 lJe II/(lde by Ibe OW/le" slibsetjllellllo 11.1" eseCIIllu/I or this A){t"eeml'Ht, allac/) (i scbedule of sHelJ olber allerno((!s sbowing tbe amuunt lor each and /be dale until wbieb Ibal (1IJlDllla is [}(lUd) SEE ATTACHMENT "A" 4.3 Unit prices, if any, are as follows: N/A AlA DOCUMENT Al0l . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION . AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 200116 A101-1987 3 WARNING: Unlicensed photocopying violates U.S, copyright laws and /s subject to legal prosecution, _____'..''h.__ '~-'----"'-''''-'--'''_'_'''''h ". "...--.--T'..".'-"-----------...-...-.... '.-__h_U_____.~.....__h~.. .~. ., ...~.._~. .-_ ...~._ .,_.'~~,,_...~. _,_. f fj f :'i: ;" ,- ARTICLE 5 . PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents, 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: As Above. 5.3 Provided an Application for Payment is received by the Architect not later than the Twenty-Fifth (25th) ---------------------------~ day ofa month, the Owner shall make payment to the Contractor not later than the Fifteenth (15th )-_-------- day of the following month, If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty (30) ----- --------- days after the Architect receives the' Application for Payment, 5.4 Each Application for Payment shall be bascd upon the schedule of values submitted by the Contractor in accord:ll1ce \vith th(; Contract Documents, The schedule of values shall allocate the entire Contract Sum among the various portions of the \V'ork and be prq)ared in such form and supported by such data to substantiate its accuracy as the Architect may require, This sCheclule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment, 5.5 Applications for Payment shall indicate the percentage of cOlilpletion of each portion of the \X1ork as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the ;unount of eaGh progress payment .shall be computed as foll~ws: , . 5.6.1. TIlke that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the \V'ork by the share of the total Contract Sum allocated to that portion of the \X1ork in the schedule of values, less retainage of Ten --------------------------------------------------- percent ( 10 %), Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included as provided in Subparagraph 7,3,7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum propedyallocable to materials anc\ equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in adv,Ulce by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by tile Owner; and 5.6.4 Subtract ainounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions, 5.7 The progress payment amoimt determined in accordance with Paragraph 5,6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety- Five -----------------:....--------------------- percent ( 95 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete \V'ork and unsettled claims; arid 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10,3 of the General Conditions, 5.8 Reduction or limitation of retainage, if any, shall be as follows: (!/ il is in/ended, !Jrio}" to Su!Js/alllial Cow/Jle/ioll of Ihe entire \\"Ior^=" to reduce or limit (be retainage resulling/rom tbe pch:'Clllages inserted;lI Suvpartl- ~1"(II}hs S. (). I tOld S, (I, J aIJOl'e. (Iud Ihis i."" lIul ('x/J/ailled elseu'bere ill tbe Clnjtracl !J()Cumellls, illsel'l /.lure prol1isiollS for sueb reductio1l ur limitatiun.) None. ", AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT' TWELFTH EDITION' AIA<!> . @1987 TilE AMERICAN INSTITUTE OF ARCHITECTS, 17:'5 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006 A101-1987 4 WARNING: Unlicensed photocopying violates U.S. copyrlghllaws and Is subject to legal prosecution. I Tj ,. -'.. " ARTICLE 6 FINAL PAYMENT Final/)ayment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (I) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming \'Vork as provided in Subparagraph 12,2.2 of the General Conditiorls and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate 'for Payment, or as follo;-'s: As Above ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 \X'here reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents, 7.2 Payments clue anclunpaid under the Contract shall bear interest from the date payment is clue at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located, (Inser' rCile (~/ iNterest tlp,reed ii/JOIl, ~I any) (1%) One Percent per Month I (USI/I)' laws (/lid requiremellls Itllder tbe Federal Tmlb illl.elldillg Act, sim i/(I I' s(ale alld loco I WllSllmer credit/allls (llId alber regllla/iulls aI/be Olll/lel"s (II/(/ Contractur's /u"iw;i/Jal places of business, (be 10calinl1 of/he Pn~ic!ct {uurelsewbcre may (~r/('ct tbe u{ltidily of (bis prooision. Legal ar/uices/.>uuld he u!Jta;n(!(/ will) reSpccll(} deletions or mod~ric(lti(JJl.~, (lml niSei rC8ardillR requirements such as writtf?u disclosures 0,. waiuen.) 7.3 Othcr provisions: None ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owncr or the Contractor as provided in Article ]4 of thc Gcneral Conditions, 8.2 The Work may be suspended by the Owner as provided in Article] 4 of the General Conditions, AlA DOCUMENT Al0l . OWNER,CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA'" . @19Ri THE AMERICAN INSTITUTE OF ARCHITECTS, I i~~5 NEW YORK AVENUE, N ,\V, , WASHINGTON, D,C, 20006 A101.1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. i ;: '" ~. ~ /- ~ , ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after, execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document Al 0 1, 1987 Edition. 9.1.2 9.1.3 Thecfinera~~~~ are tl G..~:~~~tions of the Contract for Construction, AlA Document A201, 1987 Edition, The suppfementary and ~r ,C~itions of the Contract are those contained in the Project Manual dated , and are as follows: April 30, 2002 Document See Attachment Title Pages "B" 9.1.4 The Specifications are those contained in the Pi'oject Manual dated as in Subparagraph 9,1,3, and are as follows: (Eilbe.. lisl Il.>e Specificali(i/lS I'e..e 0" ,'efe,' 10 ,m exl.>ibil allacfJed In II'is Ag,'eemelll.) Section See Attachment "B" Title Pages AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT. TWEI.FTH EDITION . AIA~ . @1987 ' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N,W" WASHINGTON, J),C, 20006 A101.1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. r l '" ., i,.. ~ " 9.1.5 The Drawings arc as follows, and are dated (h'it/wr Ii:.;' (he /J,.(ueill,l.!,s be!"e nr n~/(:r to (II! l'xl.ll'hit allac:bed to Ibis A)<reC!1JIenl.) unless a different dale is shown below: Number Title Date See Attachment "C" 9.1.6 The addenda, if any, are as follows: Number Date Pages 1 July 17, 2002 2 2 July 17, 2002 1 3 August 5, 2002 21 4 August 7 , 2002 1 5 August 8, 2002 10 6 August 9, 2002 1 7 August 15, 2002 2 Portions of addemla relating to bidding requirements are not part of lhe Contract Documents unless the bidding requirements are also enumerated in this Article 9, AlA DOCUMENT Al0l . OWNER-CONTRACTOR AGREEMENT' TWELFTH EDITION' AIA'" . @1987 THE AMERICAN INSTITUTE OF AHCHITECTS, 1755 NEW YOHK AVENUE, N,W" \VASHINGTON, D,C 2(J()O(, A101-1987 7 WARNING: Unlicensed photocopying violates U.s. copyright laws and Is subject to legal prosecullon. i '- .. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List be,'e (lilY additional documellts wbieb are ill tended to form part of tbe Comract Documents, 71,le General COllditions provide tbat biddillg requiremems suel) as advertisemem or (,witation to bid, Instwetions to Bidders, sample forms and the COlltraClor 's bid are 1I0t part oJ tbe Comraet Docume,lIs unless enumerated in tbis Agreemellt, Tbey sbould be listed bere ollly if intended to be part of tbe Carllmct Documems) N/A This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. CON~ ;1P6 (Sigf;afllre) R.D. Brown, President (Printed /lallle mid tille) AUTIO uld sign an original AlA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW" WASHINGTON, D,C. 20006 A101.1987 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution, i' " ~ I' I, ATTACHMENT "A" FIRE STATION #1 AUGUSTA RICHMOND COUNTY FIRE DEPARTMENT Item Description Total A Original Bid $1,471,000 B Alternate #2 Change Steel Trusses -2,850 C Alternate #4 Install Broad St. Median Cut +9,000 Negotiated Deducts Relocate area underground retention to Broad Street side of Fire Station 1 (Redesign by OneSource Development) 2 Use area drain in lieu of trench drain at Broad Street driveway -2,000 Change asphalt paving at Reynolds Street drive to concrete paving, change 3 parking area on Sibley Road to 6" crusher run and 2" asphalt Delete sprinkler line backflow preventer vault and locate backflow preventer 4 on riser -4,240 5 Reduce cabinet allowance from 40,000 to 30,000 -10,000 6 Reduce testing allowance from $7500 to $4500 -3,000 Revise Roofing Requirements as listed below: A-Revise insulation from 4" to 3" B-Revise Garland 12" metal panel to 18" 7 C-Revise Mod. Bit roof to Garland versiply Cap Sheet -15,200 8 Use stucco in lieu of cast stone- (including tower) -15,675 9 Delete epoxy thin set at tile -2,097 10 Delete epoxy grout at tile -2,796 11 Use Ala or Dal- Tile 1 x 1 mosaics group 1 floor tile in lieu procelain tile -678 12 Use Ala 4 x 4 group 1 wall tile in lieu of procelain -1,935 Use base A3401 4 x 4 walls with tile, S3419 x 6 walls without tile in lieu of 13 procelain base -816 14 Delete Polyurethane Coating 0 Slab -1,700 Change color concrete to two coats Sherwin Williams Tile Clad II epoxy 15 flooring-standard color N/C 16 Revise sheathing behind stucco from Dens Glass Gold to 7/16 OSB -640 17 Revise Vinyl Clad door to HM with 1/2 glass 9 lite -222 18 Delete low volt piping above ceiling -800 19 Use galvanized steel roof curbs in lieu of aluminum -300 20 Delete duct liner beyond 5' down stream of air handling units -275 Use standard induced draft type unit heater in lieu of separated combustion 21 type -600 22 Use FSK tape in lieu of glass-fab and mastic on duct insulation joints -200 23 Change P-9 and P-10 fixtures to 20 gauge SS -136 24 Change P-11 fixture to molded stone -184 25 Change P-16 fixture to 16 gauge SS -460 26 Change wall hydrants to Woodward #65 -60 27 Use shop fabricated top for Oil/Water Separator in lieu of aluminum top -1,250 CONTRACT SUM = $1,411,8861 .. " iTTACf!MENT "B" " -;- SECTION 00010 TABLE OF CONTENTS 00001 - PROJECT TITLE PAGE 00007 - SEALS PAGE 00010 - TABLE OF CONTENTS 00015 - LIST OF DRAWINGS 00100 -INVITATION TO BID 00200 - INSTRUCTIONS TO BIDDERS AlA DOCUMENT A701 00220 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 00410 - BID FORM AlA DOCUMENT A305 00500 - FORM OF AGREEMENT 00600 - BONDS AND CERTIFICATES 00700 -.GENERAL CONDITIONS 00800 - SUPPLEMENTARY CONDITIONS DIVISION 1 -- GENERAL REQUIREMENTS 01100 - PROJECT SUMMARY 01210 - ALLOWANCES 01230 - ALTERNATES 01300 - ADMINISTRATIVE REQUIREMENTS 01325 - CONSTRUCTION PROGRESS SCHEDULE 01330 - DELAYS AND TIME EXTENSIONS 01355 - ENVIRONMENTAL SURVEY 01500 - TEMPORARY FACILITIES AND CONTROLS 01600 - PRODUCT REQUIREMENTS 01780 - CLOSEOUT SUBMITTALS DIVISION 2 -- SITE CONSTRUCTION 02200 - SITE PREPARATION 21241 Augusta/Richmond County Fire Station #1 00010 - 1 TABLE OF CONTENTS Page 1 of 6 ; .... ~ 02310 - GRADING 02315 - EXCAVATION 02316 - FILL AND BACKFILL 02317 - TRENCHING FOR SITE UTILITIES 02318 - ROCK REMOVAL 02361 - SOIL TREATMENT FOR TERMITE CONTROL 02441 -IRRIGATION SYSTEM 02485 - SEEDING 02487 - SODDING 02490 - TREES, PLANTS AND GROUND COVERS 02510 - WATER DISTRIBUTION 02515 - DISINFECTION OF WATER DISTRIBUTION SYSTEMS 02535 - SANITARY SEWER PIPING 02635 - STORM DRAINAGE PIPING 02741 - BITUMINOUS CONCRETE PAVING 02751 - PORTLAND CEMENT CONCRETE PAVING 02843 - PARKING BUMPERS DIVISION 3 -- CONCRETE 03051 - CONCRETE COLOR ADDITIVE 03300 - CAST-IN-PLACE CONCRETE 03356 - CONCRETE FLOOR FINISHING DIVISION 4 -- MASONRY 04065 - MORTAR AND MASONRY GROUT 04080 - HORIZONTAL MASONRY JOINT REINFORCEMENT SYSTEMS 04082 - CAVITY WALL DRAINAGE SYSTEM 04210 - BRICK MASONRY UNITS 04220 - CONCRETE MASONRY UNITS 04720 - ARCHITECTURAL CAST STONE DIVISION 5 -- METALS 2124/ Augusta/Richmond County Fire Slalion #1 00010 - 2 TABLE OF CONTENTS Page 2 of 6 ,~." " 05120 - STRUCTURAL STEEL 05210 - STEEL JOISTS 05310 - STEEL DECK 05400 - COLD FORMED METAL FRAMING 05500 - METAL FABRICATIONS DIVISION 6 -- WOOD AND PLASTICS 06067 - HIGH PRESSURE DECORATIVE LAMINATES 06100 - ROUGH CARPENTRY 06200 - FINISH CARPENTRY 06410 - CUSTOM CABINETS DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07115 - BITUMINOUS DAMPPROOFING 07210 - FIBERGLASS INSULATION 07212 - CAVITY WALLBOARD INSULATION 07214 - FOAMED-IN-PLACE INSULATION 07216 - LOOSE FILL INSULATION 07222 - ROOF BOARD INSULATION 07261 - WEATHER RESISTANT MEMBRANE (TYVEK "STUCCOWRAP") 07262 - VAPOR RETARDER MEMBRANE 07550 - MODIFIED BITUMEN ROOFING 07610 - METAL ROOFING 07620 - SHEET METAL FLASHING AND TRIM 07650 - FLEXIBLE THROUGH WALL FLASHING 07840 - FIRESTOPPING 07900 - JOINT SEALERS DIVISION 8 -- DOORS AND WINDOWS 08110 - STEEL DOORS AND FRAMES 08205 - VINYL INSULATED STEEL ENTRY DOORS 08360 - ALUMINUM SECTIONAL DOORS 2124/ AugustaJRichmond County Fire Station #1 00010 - 3 ;' TABLE OF CONTENTS Page 3 of 6 ,..... i. 08410 - ALUMINUM-FRAMED STOREFRONTS 08568 - VINYL WINDOWS 08710 - DOOR HARDWARE 08800 - GLAZING DIVISION 9 - FINISHES 09205 - DIAMOND MESH METAL LATH 09220 - PORTLAND CEMENT PLASTER (STUCCO) 09260 - GYPSUM BOARD ASSEMBLIES 09261 - EXTERIOR GYPSUM BOARD SHEATHING - FIBERGLASS REINFORCED 09300 - PORCELAIN TILE 09511 - SUSPENDED ACOUSTICAL CEILINGS 09650 - RESILIENT FLOORING 09680 - CARPET 09900 - PAINTS AND COATINGS DIVISION 10 -- SPECIALTIES. 10100 - VISUAL DISPLAY BOARDS 10170 - PLASTIC TOILET COMPARTMENTS 10350 - FLAGPOLES 10420 - METAL BUILDING LETTERS 10421 - METAL PLAQUE 10441 - PLASTIC SIGNS 10500 - LOCKERS 10523 - FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES 10530 - PROTECTIVE COVERS 10800 - TOILET, BATH, AND LAUNDRY ACCESSORIES 10999 - TOWER CLOCK DIVISION 11 -- EQUIPMENT 11005 - MISCELLANEOUS EQUIPMENT 2124/ Augusta/Richmond County Fire Station #1 00010 - 4 TABLE OF CONTENTS Page 4 of 6 , \' ' " DIVISION 12 -- FURNISHINGS - NOT USED DIVISION 13 -- SPECIAL CONSTRUCTION - NOT USED DIVISION 14 -- CONVEYING SYSTEMS - NOT USED DIVISION 15 - MECHANICAL 15050 - GENERAL PROVISIONS 15051 - CODES, PERMITS & INSPECTION 15090 - MECHANICAL SUPPORTING DEVICES 15100 - VALVES 15140 - PUMPS 15200 - VIBRATION & SOUND CONTROL 15250 - MECHANICAL SYSTEMS INSULATION 15311 - COMPRESSED AIR SYSTEM 15350 - NATURAL GAS SYSTEM 15351 - L. P. GAS SYSTEM 15401 - DOMESTIC WATER SYSTEMS 15405 - SOIL, WASTE, VENT & ROOF DRAIN SYSTEMS 15424 - WATER HEATERS & ACCESSORIES 15450 - PLUMBING FIXTURES & ACCESSORIES 15501 - AUTOMATIC SPRINKLER SYSTEM 15661 - AIR-COOLED CONDENSING UNIT 15701 - PIPING FOR MECHANICAL SYSTEMS 15764 - UPFLOW GAS FURNACE & COOLING COIL 15795 - ELECTRIC HEATERS 15815 - GAS FIRED UNIT HEATER 15820 - FANS 15840 - AIR DISTRIBUTION SYSTEM 15851 - VEHICULAR EXHAUST SYSTEM 15889 - RANGE HOOD VENTILATING SYSTEM 15900 - HV AC CONCTROLS DIVISION 16 -- ELECTRICAL 16000 - GENERAL 2124/ Augusta/Richmond County Fire Station #1 00010 - 5 TABLE OF CONTENTS Page 5 of 6 .- 16010 - LIGHTING POWER & PANELBOARDS 16015 - FUSES 16020 - RACEWAYS 16030 - CONDUCTORS 16040 - OUTLETS 16050 - WIRING DEVICES & DEVICE PLATES 16060 - LIGHTING FIXTURES & LAMPS 16070 - DISCONNECT SWITCHES 16090 - PHOTO CONTROL & CONT ACTOR 16100 - PULL BOXES & JUNCTION BOXES & FITTINGS 16110 - GROUNDING 16120 - EQUIPMENT INDENTIFICATION 16130 - DATAlVOICE CONDUIT & OUTLET SYSTEM 16140 - FIRE ALARM SYSTEM 16150 - CLOCKS 16160 - TRANSIENT VOLTAGE SURGE SUPPRESSOR 16190 - ENGINE GENERATOR SET 16220 - CONSTRUCTION REVIEWS, INSPECTION & TESTING END OF TABLE OF CONTENTS 2124/ AugustalRichmond County Fire Station #1 00010 - 6 TABLE OF CONTENTS Page 6 of 6 i ATTACHMENT "C" ,-. SECTION 00015 LIST OF DRAWINGS COVER CO.1 BOUNDARY, TOPO & DEMOLITION C1.1 SITE LAYOUT & UTILITY PLAN C2.1A GRADING, DRAINAGE & S.E.S.C. PLAN C2.2 S.E.S.C. NOTES & DETAILS C3.1A MISC. PROFILES C4.1 MISC. DETAILS C4.2 MISC. DETAILS C4.3 MISC. DETAILS C4.4A MISC. DETAILS L1.1 LANDSCAPING PLAN L2.1 IRRIGATION PLAN L3.1 MISC. DETAILS A1.1 FLOOR PLAN A2.1 ELEVATIONS A2.2 CAST STONE DETAILS A3.1 CROSS SECTIONS A4.1 WALL SECTIONS A4.2 WALL SECTIONS A4.3 TOWER SECTIONS A4.4 TOWER SECTIONS A5.1 ROOF PLAN A5.2 ROOF DETAILS A6.1 FINISHES, DOORS AND WINDOWS A6.2 DOOR AND WINDOW DETAILS A7.1 REFLECTED CEILING PLAN A8.1 MILLWORK DETAILS A8.2 MILLWORK DETAILS A9.1 ENLARGED PLANS A9.2 ENLARGED PLANS 2124 I AugustalRichmond County Fire Station #1 00015 - 1 LIST OF DRAWINGS Page 1 of 2 ., .... .. A10.1 CANOPY PLANS & DETAILS A11.1 SIGN DETAILS S1.0 GENERAL NOTES S2.1 FOUNDATION AND SLAB PLAN S2.2 ROOF FRAMING PLAN S3.1 CONCRETE DETAILS S4.1 MASONRY DETAILS S5.1 STEEL DETAILS (1 OF 2) S5.2 STEEL DETAILS (2 OF 2) P1.1 PLUMBING WATER & GAS PLAN P1.2 PLUMBING WASTE PLAN P1.3 PLUMBING DETAILS & SCHEDULES FP1.1 FIRE PROTECTION PLAN M1.1 HV AC PLAN M1.2 VEHICLE EXHAUST PLAN M2.1 HVAC DETAILS M2.2 HVAC DETAILS AND SCHEDULES E1.1 SCHEDULE & FIXTURES LEGEND E2.1 ELECTRICAL SITE PLAN E3.1 LIGHTING PLAN E4.1 POWER PLAN E5.1 SYSTEMS PLAN E6.1 POWER RISER DIAGRAM & PANELBOARDS E7.1 DETAILS END OF LIST OF DRAWINGS 2124/ Augusta/Richmond County Fire Station #1 00015 - 2 LIST OF DRAWINGS Page 2 of 2 ...... THE AMERICAN INSTITUTE o F ARC HIT E C T S c I' 1 ' i i I I A/A Document A201 General Conditions of the Contract for Construction TH[S DOCUMENT HAS [MPORTANT LEGAL CONSEQUENCES; CONSULTATION W[TH AN ATTORNEY [S ENCOURAGED W[TH RESPECT TO [TS MOD[FlCATlON 1987 EDITION 1r ABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13. MISCELLANEOUS PROVISIONS 7. CHANGES IN THE WORK 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, @1987 by The American Institute of Architects, 1735 New York Avenue, N,W" WashingtOn, D,C" 20006, Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions, AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA<!J . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006 A201.1987 1 ---. ...~: -- Acceptance of Nonconforming Work. . . . . .9.6.6,9.9.3,12.3 Acceptance of Work ........... 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Access to Work .... ............ ... 3.16,6.2.1,12.1 Accident Prevention.. .. . . . . . . . . . . . . . . . . . . . . 4.2.3,10 ActsandOmissions .. 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 4.3.9,8.3.1,10.1.4,10.2.5,13.4.2,13.7,14.1 Addenda ... ............................1.1.1,3.11 Additional Cost, Claims for.... ... .. 4.3.6,4.'3.7,4,3.9, 6.J.l, 10.3 Addition;lllnspections and Testing. . . . . .. 4.2.6,9.8.2, 12.2.1, ] 3.5 Additional Time, Claims for. . . . . . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT. . . . . .. 3.B, 4,9.4,9.5 Advertisement or Invitation to Biel . . . 1.1.1 Aesthetic Effect.. ........... .. ........ .... 4.2.13,4.5.1 Allowances. . . . . . . . . . . . . . . . .. 3.8 All-risk Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11.3.1.1 Applications for Payment 4.2.5,7.3.7,9.2,9.3,9.4,9.5. 1,9.6.3, 9.8.3,9.10.1,9.10.3,9.10.4,11.1.3, ]4.2.4 Approvals.... 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.]2.8, 3.18.3, 4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5 Arbitration. . . , . . . . . . . . . . . . . . . .. 4.1.4,4.3.2,4.3.4,4.4.4,4.5, 8.~,>.1, 10.1.2, 11.3.9, 11.3.]0 Architect .. . . . . . . . . . . . . . . . . . . . . .. 4.1 Architect, Definition of. ..... ....... 4.1.1 Architect, Extent of Authority.. ... . .. 2.4,3.12.6,4.2,4.3.2,4.3.6, 4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1, 9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority anel Responsibility. 3.3.3,3. ]2.8, 3.12.] 1,4.1.2,4.2.],4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12, 42.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses. . . . . . . . .. 2.4,9.8.2, . 11.3.1.],12.2.1,12.2.4,13.5.2,13.5.3, ]4.2.4 Architect's Administration of the Contract. . . . 4.2,4.3.6, 4.3.7,4.4,9.4, 9.5 Architect's Approvals 2.4,3.5.1,3.] 0.2,3. I 2.6,3.12.8, :3.1 8.3,4.2.7 Architect's Authority to Reject Work .... 3.5.1,4.2.6,12.1.2, ]2.2.1 Architect's Copyright 1.3 Architect's Decisions. ... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.38,8.1.3,8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections. . . . . .. .. 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 9.9.2,9.]0.1,135. Architect's Instructions .. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1, 13.5.2 Architect's Interpretations. . . . . . . . . . . . . . 4.2.]],4.2.12,4.3.7 Architect's On-Site Observations 4.2.2,4.2.5,4.3.6,9.4.2, 9.5.1,9.10.1,13.5 Architect's Project Representative . .'. . . . . . . . . . . . . . . .. 4.2.10 Architect's Relationship with Contractor. . . . .. 1.1.2,3.2.1,3.2.2, :'>.3.3, ~'>.5.1, 3.7.3,3.[1,3.12.8,312.11,3.16,3.18,4.2.3,4.2.4, 4.2.6,4.2.12, 5.2,6.2.2,7.3.4,9.8,2, 11.3.7, 12.1, 13.5 Architect's Relationship with Suhcontractors . . .. 1.1.2,4.2.3,4.2.4, 4.2.6,9.6.3,9.6.4, 11.3.7 Architect's Representations ..... 9.4.2,9.5.1,9.10.1 Architect's Site Visits. . . . . . .. 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, 98.2, 9.9.2, 9.10.], 13.5 Asbestos. . . . 10.1 Atturneys'Fees... ............ 3.18.1,9.10.2,10.1.4 A ward of Separate Contracts. . . . . . . . . . . . 6.1. I Award of Subcontracts and Other Contracts for Portions of the Work Basic Definitions. . . . Bidding Requirements. . Boller and Machinery insurance . . Bunds, Lien .............. Bonds, Perforn\ance and Payment . 5.2 1.1 I.I, 1.1.7,5.2.1,11.4.1 .. 11.3.2 . .. .. 9.10.2 7.3.6.4,9.10.3,11.3.9,11.4 INDEX Building Permit .....,.,............................ 3.7.1 Capitalization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.4 Certificate of Substantial Completion. . . . . . . . . . . , . . . . . . .. 9.8.2 Certificates for Payment'. . . . . .. 4.2.5,4,2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4 Certificates of [nspection, Testing or Approval ..... 3.12.11,13,5.4 Certificates of Insurance .... .... .. .... .. .. 9.3.2,9.10.2,11.1.3 Change Orders. ..... 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3:3,5.2.3, 7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2, . 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of . . . . . . . . , . , . . . . . . . . . ., 72.1 Changes. . . . . . ., . . . . . . . . . . . . . , . . . .. 7.1 CHANGES IN THE WORK .... 3.1 1,4,2.8,7,8,3. 1,9.3.1.1, 10. 1.3 Claim, Definition of . . . . . . . . . . . . . . . . '. . . . . . . . . .. 4.3.1 Claims and Disputes. . . . . . . . . . . , , . .. 4.3,4.4,4.5,6.2.5,8.3.2, 9.3.1.2,9.3.3,9.10.4,10.1.4 Claims and Timely Assertion of Claims ..........,..... 4.5.6 Claims for Additional Cost. . . . . . . . .4.3.6,4.3.7,4.3.9,6.1. I, 10.3 Claims for Additional Time. . . . . . . . . . .. 4.3.6,4.3.8, 4.3.9,8.3.2 Claims for Concealed or Unknown Conditions. . 4.3.6 Claims for Damages. .,3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Claims Subject to Arbitration. . . . . . . . . . . . .. 4,3.2,4.4.4,4.5.1 Cleaning Up . . . . . . . . . . . . . . . . . . . . . .. 3.15, 6.~'> Commencement of Statutory Limitation Period .. . . . . . . .. 13.7 Commencement of the \X/ork, Conditions Relating to ....... 2.1.2, 2.2.1,3.2.1,3.2,2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1, 6.2.2,8.1.2,8.2.2, 9.2, 11.1.3, 1 \.'3.6, 11.4.1 Commencement of the Work, Definition of . . . . .. 8.1.2 Communications Facilitating Contract Administration ......... 3.9.1,4.2.4,5.2.] Completion,ConditionsRelatingto.... ~'>.]],3.15,4,2.2,4.2.9, 4.3.2,9.4.2,9.8,9.9.1,9.10, ] 1.3.5,12.2.2,13.7.1 COMPLETION, PAYMENTS AND. . . . . . . . . . . . . . . . . . . . .. 9 Completion, Substantial.. ... .., 4.2.9,4.3.5,2,8.1.1,8.1.3,8.2.3, 9.8,9.9.1,12.2.2, 13.7 Compliance with Laws . 1.3,3.6,3.7,3.13,4.1.],10.2.2,11.1, 11.3,13.1,13.5.1,13.5.2,13.6,14.1.],14.2.1.3 Concealed or Unknown Conditions. . . . . .. 4.3.6 ConclitionsoftheCuntract .... .... 1.1.1,1.1.7,6..1.1 Consent, Written . . . . . . . . . . . . . . . . .. 1.3.1, 3.12.8,3.14.2, 4.1.2, 4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3, 11.3.1,11.3.1.4, ] 1.3.11, 13.2, 1342 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. . . . . . . . . . . . . . . . . . . . . . . . . , . . .. 1.1.4,6 Construction Change Directive, Definition of. . . . . . . . .. 7.3.1 Construction Change Directives . . .. 1.1.1, 4.2.8, 7.],7.3, 9.3.1.1 Construction Schedules, Contractor's. . . . . . . 3.10,6.1.3 Contingent Assignment 01 Subcontracts ... . . . . .. 5.4 Continuing Contract Performance 4.3.4 Contr;lCt, Definition of . . . . . . . . . . . . , . . . .. . . . . . . .. 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE. . . . . . . . . .. 4,:1.7,5.4. I.I, 14 Contract Administration. . . . . . 3.~L\, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to . ~~.7.1, 3.10, 5.2,9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The.,.. ....... 1.1,1.2,7 Contract Documents, Copies Furnished and Use of. .. 1.3,2.2.5,5.3 Contract Documents, Definition of . . . . . . . . . . . . . . . . . . . .. 1.1.1 Contract Performance During Arbitration. . . . . . . . . . .. 4.3.4,4..5.3 Contract Sum. . 3.8,4.3.6,4.3.7,4.4.4,5.2.3, 6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4 Contract Sum, Definition of. . . . . 9.1 Contract Time ..... ..... . 4.:,>.6,4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1,8.3.1,9.7, 12.1.] Contract Time, Definition of . . . . . . . . .. ... 8.1.1 2 A201-1987 AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHtTECTS, I7.~5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2lJOo6 .. ... CONTRACTOR . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3 Contractor,Deflnltlonof ......,.., .......,........ 3.1,6.1.2 Contractor's Bid. . . . . . . , . . . . . . . . . . . . , . . . . . . , , . , . . . .. 1.1.1 Contractor's Construction Schedules. . . . . . . . . . . .. 3.10, 6.1.3 Contractor's Employees, . , . . .. 3.3.2,3.4,2,3.8.],3.9,3.18,4.2.3, 4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1 Contractor's Liability Insurance. . . . . . . . . . . . . . . . . . . . . .. 11.1 Contractor's Relationship with Separate ContractOrs anelOwner'sForces...... 2.2.6,3.12.5,3.14.2,4.2.4,6, ]2.2.5 Contractor's Relationship with Subcontractors 1.2.4,3.3.2, 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2, 11.3.7,11.:3.8,14.2.1.2 Contractor's Relationship with the Architect . . .. 1.1.2, 3.2.1,3.2.2, 3.33,3.5.1,3.7.3,3.11,3.1283.16,3.18,4.2.3,4.2.4,4.2.6, 4.2.12,5.2,6.2.2,7.3.4,9.8.2, 11.3.7,12.1,13.5 Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.],9.3.3 Contractor's Responsibility for Those Performing the Work . . .. 3.3.2,3.18,4.2.3, 10 Contractor's Review of Contract Documents. . . . .. ] .2.2,3,2,3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract ... . . . . .. ] 4.1 Contractor'sSubmittals ....... 3.]0,3.11,3.12,4.27,5.2.1,5.23, 7.3.6, 9.2, 9.3.1, 98.2, 9.9.1, 9.10.2, 9.10.3,10.1.2,11.4.2, 11.4.3 Contractor's Superintendent. . . . . . . . . . . . . 3.9,10.2.6 Contractor's Supervision and Construction Procedures. 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance. . . . . . . . . .. 11.1.1.7, 11,2.1 Coorelination and Correlation. . ] .2,2, 1.2.4,3.3.1, 3.10,3.12.7,6.1.3,6.2.] Copies Furnished of Drawings and Specifications ... ].3,2.2.5,3.11 Correction of\Vork . . . . . . . . . . . . . .. 2.3,2.4,4.2.1,9.8.2, 9.9.1, 12.1.2,12.2, 13,7.1.3 Cost, Definition of .. 7.3.6,14.3.5 Costs. ... 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, 6.1.1, 6.2.3, 6.3, 7 .3.~'>.3, 7.3.6, 7.3.7, 9.7,9.8.2,9. ] 0.2, 11.3.] .2, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5, ]3.5, 14 Cutting and Patching. . .................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, ] 0.2.5, 10.3, 11.], 11.3, ] 2.2.5 Damage to the Work. . . .. 3.14.2,9.9.1. 10.2.1.2, 10.2.5, I 0.3,.11.~~ Damages, Claims for. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, ]0.1.4 Damages for Delay. ................... 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Definition of. . . . . . . 8.1.2 Date of Substantial Completion, Definition of. . . . . .. 8.1.3 Day, Definition of. . . 8.1.4 Decisions of the Architect. . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6, 4.4.1,4.4.4,4.5,6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1,9.2, 9.4,9.5.1,9,8.2,9.9.1,10.1.2,13.5.2,14.2.2, ]4.2.4 Decisions to Withhold Certification . . . .. 9.5,9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of . . . . . . . . . . ., 2.3,2.4,3.5,1,4.2.1, 4.2.6,4.3.5,9.5.2,9.8.2,9.9.1, 10.2,5, 12, 13.7.1.3 Defective Work, Definition of . . . . . . . . . . . . . . . . . . . . 3.5.1 Definitions...... 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Delays and Extensions of Time. . . . . . . . .. 4.3.1,4.3_8.],4.3.8.2, 6.1.1,62.3,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8, 7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4 Disputes . . . .. 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.'3.8,9.3.1.2 Documents and Samples at the Site. . . . . . . . . . . . . . .. 3.11 Drawings, Definition of . . . . . . . . . . . . . . . . . . . . .. 1.1.5 Drawings and Specifications, Use and Ownership of. . . .. 1.1.], 1.3, 2.2.5, 3.]], 5.3 Duty to Review Contract Documents and Field Conditions. . . .. 3.2 Effective Date of Insurance. . . . . . . . . . . . . . 8.2.2, 11.1.2 Emergencies. . . . . . . . . . . . . .. 4.3.7,10.3 Employees, Contractor's..... 3.3,2,3.4.2,3.8.],3.9,3.18.1, 3.18.2,4.2.3,4.2.6,8.1.2, ]0.2, 10.3,11.1.1,14,2.1.] Equipment, Labor, Materials and. . . . . . . . .. I.] .3, 1.1.6,3.4,3.5.1, 3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.]5.1,4.2.7, 6.2.1, 7.3.6,9.3,2,9.3.3, 11.3, 12,2.4, 14 Execution and Progress of the Work 1.1.3, 1.2.3, 3.2, :3 .4.1, 3.5.],4.2.2,4.2.3,4.3.4,4,3.8,6.2.2, 7.1.3, 7.3.9,8.2,8.3,9.5,9.9.1,10.2,14.2,14.3 Execution, Correlation and Intent of the Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . .. 1.2,3.7.1 Extensions of Time 4.:''>.], 4.3.8,7.2.1.3,8.3, 10.'.'>.1 Failure of Payment by Contractor ............. 9.5.1.3,14.2.1.2 Failure of Payment by Owner ... .. 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment .... 4.2.1,4.2.9,4.3.2, 4.3.5,9.10, ]1.1.2,11.1.3,11.3.5,12.3.1,137 Financial Arrangements, Owner's. . . . . . . , . . . . , . . , . 2.2.1 Fire anel Extended Coverage Insurance . . 11.3 GENERAL PROVISIONS. . . . . . . . . . . . . .. 1 Governing Law .. . . . . . . . . . . . ., 13.1 Guarantees (See Warranty anel W'arranties) Hazardous Materials. . . . . . . . . . . . 10.1, 10.2.4 Identification of Contract Documents . . , . . . . . . .. ] .2.1 lelentification of Subcontractors and Suppliers . . . . . .. 5.2.1 Indemnification... 3.17,3.18,9.]0.2,10.1.4,11.3,1.2,11.3.7 Information and Services Required of the Owner. . . .. 2.1.2,2.2, 4.3.4,6.1.3,6.1.4,6.2.6, 9.3.2, 9.6.1,9.6.4, 9.8.3, 9.9.2, 9.10,3, ]0.1.4, 11.2, ]1.3, U.5.], 13.5.2 Injury or Damage to Person or Property. . . . , . . . . . . . . .. 4.3.9 Inspections......................... 3.3.3,3.3.4,~'>.7.1,4.2.2, 4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1,13.5 Instructions to Bielders . . . . . . . . . . . . . . . . . . .. 1.1.1 Instructions to the Contractor. ... 3.8.1,4.2.8,5.2.1,7, 12.1, 15.5.2 Insurance....... 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.],9.]0.2,]1 Insurance, Boller and Machinery ................. 11.3.2 Insurance, Contractor's Liability . , . . . . . . . .. 11.1 Insurance, Effective Date of .. . . . . . . . . 8.2.2, 11.1.2 Insurance, Loss of Use. . . . . . . . . . . 11.3.3 Insurance, Owner's Liability. ........ . . . . . . . .. 11.2 Insurance, Property.. ... .... . .. . ... .. 10.2.5,11.3 Insurance, Stored Materials .... . . . . . . . . . . . . . .. 9.3.2, 11.3.1.4 INSURANCE AND BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Insurance Companies, Consent to Partial Occupancy. .9.9.1, 11.3.1] Insurance Companies, Selllement with. . . . " . . . . . . . . . . .. \ 1.~,>.1 0 Intent of the Contract Documents. ... . .... 1.2.3, ~'>.12.4, 4.2.6,4.2.7.4.2.12,4.2.13,7.4 Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13.6 Interpretation. . . .. 1.2.5, 1.4,1.5,4.1.1, 4.~~.1, 5.1,6.] .2, 8.1.4 Interpretations, Written........ 4.2.11,4.2.12,4.3.7 Joinder and Consolielation of Claims Required. . . . . . . . 4.5.6 Judgment on Final Award .. . 4.5.1,4.5.4.],4.5.7 Labor and Materials, Equipment.... 1.1.~), 1.1.6,3.4,3.5.1, 3.H.2, 3.12.2,3.12.3,3.12.7,3.]2.11,3.15,3.15.1, 4.2.7,6.2.1, n.6, 9.3.2, 9.3.~), 12.2.4, 14 Labor Disputes. . . . . . . . . . . . . . . . 8.:\. \ Laws and Regulations 1.3,3.6,3.7, .'>. U, 4.1.1,4.5.5,4.5.7, 9.9.],10.2.2,11.1, ] 1.3,13.1, 13.4, 1~'>.5.1, 13.5.2, 13.6 Liens. . . . .. .... .. 2.1.2,4.3.2,0.5.1,8.2.2,9.3.3,9.10.2 Limitation on Consolidation or Joinder ... .. . . . . . . . .. 4.5.5 Limitations, Statutes of . . . . . . . . . .. 4.5.4.2, 12.2.6, 1'3.7 Limitations of Authority. . . . . '_' . . . . .. 3.3.1,4.1.2,4.2.1, 4.2.3,4.2.7,4.2.10,5.2.2,5.2.4,7.4, ] 1.3.10 A201-1987 3 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AIA$ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 2000(\ LimitationsofLiability...,. 2.3,3.2.1,3.5.],3,7.3,3.12.8,3.12.11, 3.17, 3.18, 4,2.6, 4.2.7, 4.2.12, 6,2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2 I I I I I ! Limitations of Time, General ........... 2.2.1,2,2.4,3.2.1,3,7.3, 3.8.2,3.10,3.12.5,3.15.1,4,2.1,4.2.7,4.2.11,4.3.2, 4.3.3,4,3.4,4.3.6,4.3.9,4.5.4,2,5.2.1,5.2.3,6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, I I .3.1, 11.3.2, 11.3.5, 11.3.6,12.2.],12.2.2,13.5,13.7 LimitationsofTime,Specific......... 2.1.2,2,2.1,2.4,3,10,3,11, 3.15.1,4.2.1,4.2.11,43,4.4,4.5,5.3,5.4,7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 1 I. 1.3, 11.3.6, 11.3.10, 11.3.11,12.2.2,12.2.4,12.2.6,13.7, 14 Loss of Use Insurance. . . . . . . . . . . ,. 11.3.3 MaterialSuppliers . . . .... . 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, 9.3,1,9.3.1.2,9.3.3,9.4.2,96.5,9.10.4 Materials, Hazardous. . . . . . . .. 10.1,10.2.4 Materials, Labor, Equipment and. . . .. 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.], 7.3.6,9.3.2,9.3.3,122.4,14 Means, Methods, Techniques, Sequences and Procedures of Construction .... 3.3.1,4.2.3,4.2.7,9.4.2 Minor Changes In the Work. . . . . . . . .. 1.1.1,4.2.8,4.3.7,7.1,7.4 MISCELLANEOUS PROVISIONS. . . . . .. . . , . . . . . .. 13 Modifications, Definition of . . , . .. 1.1.1 Modifications to the Contract ........... 1.1.1,1.1.2,3.7.3,3.1], 4.1.2,4.2.1,5,2.3,7,8.3.],97 Mutual Responsibility. . . . . . . . . . . . . . . . . . . . . .. 6.2 Nonconforming Work, Acceptance of . . . . . . . . . . . . . . . . .. 12.3 Nonconforming Work, Rejection and Correction of . . .. 2.3.1, 4.3.5,9.5,2,9,8.2,12,13,7.1.3 Notice.. . . .. 2.3,2.4,3.2.1,3.2.2,37.3,3.7.4,3.9,3.12.8, 3.12.9,3.17,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 9.5.1,9.6.1,9.7,9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2, ]2.2.4, ]3.3, ]3.5.1, 13.5.2, 14 Notice, Written ..,....... ... 2.3,2.4,3.9,3.12.8,3.] 2.9,4.3, 4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, 10.1'.2,10.2.6,11.1.3,11.3,12.2.2, ]2.2.4,13.3,13.5.2,14 Notice of Testing and Inspections.. . .. .. ... 13.5.1,13.5.2 Notice to Proceed. . 8.2.2 Notices, Permits, Fees and ... 2.2.3,3.7, 3. U, 7.3.6.4, 10.2.2 Observations, Architect's On-Site . . . . .. 4.2.2,4,2.5, 4.3.6,9.4.2,9.5.],9.10.1, U.5 1.2.2,3,2.2 . . . .. 9.6.6,9.8.1,99,11.3.11 . . . . . . .. 4.2.2,4.2.9,4.3.6, 9.4.2,9.8.2,9.9.2,9.10.1 On-Site Observations by the Architect. . . . . . . .. 4.2.2,4.2.5,4.3.6, 9.4.2,9.5.1, 9.IU.I, 13.5 ..... 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1, 12.2,13.5.2,14.3.1 OWNER. . . . . . . . . .. ..,................. 2 Owner, Definition of 2.1 Owner, information and Services Required of the. . . 2.1.2, 2.2,4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,141.1.5,141.3 Owner's Authority .. ... ~~.8.1, 4.1.3, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2, 14.2, 14.3.1 Owner's Financial Capability. 2.2.1, 14.1.1.5 Owner's liability Insurance. . . . . . . . 11.2 Owner's Loss of Use Insurance. . . 11.3.3 Owner's Relationship with Subcontractors. . 1.1.2, 5.2.1,5.4.1,9.6.4 2.4,12.2.4, 14.2.2.2 6.3 Observations, Contractor's. . . . . . . Occupancy. . . . . . . . . On-Site Inspections by the Architect Orders, Written Owner's Right to Carry Out the Work. Owner's Right to Clean Up. . . . . . . . . . Owner's Right to Perform Construction and to Award Separate Contracts " , , . . . . . . . . . . , . . . , . . . . ., 6.1 Owner's Right to Stop the Work, . . . . . . . . . . . . ,. . . ., 2.3,4.3.7 Owner's Right to Suspend the Work ....,......"........ 14.3 Owner's Right to Terminate the Contract . . . . . . . . . . , . , . . ., 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents, . . . . . . . . . , . . . .. 1.1.1 ,1.3,2.2.5,5.3 Partial Occupancy or Use . . . . . . . . . . . . . . .. 9.6.6,9.9, 11.3.11 Patchlng,Cuttlngand....................".... 3.14,6.2.6 Patents, Royalties and ....,..........,.............. 3.17 Payment, Applications for . . . . . . . . . . . . . . .. 4.2.5,9.2,9.3,9,4, .9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14,2.4 Payment, Certificates for. . . . . . . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1,9.6.6,9.7,1,9.8.3,9.10.1,9.10.3,13.7, 14.1.1.3, 14.2.4 Payment, Failure of. . . . . . . . . . . . . . . . . . .. . . . . ., 4.3.7,9.5.1.3, 9.7,9.10.2, ]4.1.1.3, 14.2.1.2 ... 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2, 11.1.3,11.3.5,12.3.1 . . .. 7.3.6.4, 9.10.3, 11.3.9,11.4 . . , . . . .. 4.3.4,9.3,9.6, 9.8.3, 9.10.3, ] 3,6, 14.2.3 PAYMENTS AND COMPLETION . . . . . . . . . . . .. 9,14 Payments to Subcontractors. . . . . . . . . . . . .. 5.4.2,9.5.1.3, 9,6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB,. ,. . . . ... . .. .. ... ..... . . .. ................. 10.1 Performance Bond and Payment Bond. . . . . . . . .. ...... 7.3.6.4, 9.] 0.3, ] 1.3.9, 11.4 Permits, Fees and Notices. 2.2.3,3.7,3.13,7.3,6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF . .. . . . . . . , ., 10 Polychlorinated Biphenyl. . . . . . . . . . . . . , . . . . . , .. 10. I Product Data, Definition of. 3.] 2.2 Product Data and Samples, Shop Drawings. .. 3.] 1,3.12,4.2.7 Progress and Completion ..,....... 4.2.2,4.3.4,8.2 Progress Payments . . . . . . . . 4.3.4, 9.~~, 9.6,9.8.3,9.10.3,13.6,14,2,3 Project, Definition of the. .. ................ 1.1.4 ProJect Manual, Definitionofthc ..................... 1.1.7 Project Manuals ................. 2.2.5 Projecl Representatives' . . . . . . . . . . . . . . . . . 4.2.10 Property Insurance .......... 1U.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY. , . , . . . , . . . .. 10 Regulations and Laws..... .... . .. 1.3,3.6,3.7,3,13, 4.I.l, 4.5.5, 4.5.7,10.2.2,11.1, ] I.~), 13.1, 13.4,13.5.1, 13.5.2, 13.6, 14 Rejection of Work .................... ....3.5.1,4.2.6,12.2 ReleasesofWaiversandLiens......... ........... 9.10.2 Representations......................... 1.2.2,3.5.1,3.12.7, 6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.101 ............ 2.1.1,3.1.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2,13.21 Resolution of Claims and Disputes. . . . . . . . . . . . . . . . .. 4.4,4.5 Responsibility for Those Performing the \X'ork . , . . . . . . 3.3.2, 4.2.3, 6.1.3, 6.2, ] 0 Retainage . . . . . . . .. 9.3.1,9.6.2,9.8,3,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor. . .. , . . . . . .. 1.2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals by Owncrand Architect ............ 3.10.1,3.10.2,3.11,3.12, 4.2.7,4.2.9,5.2.],5,2.3,9,2,9.8.2 Rcview of Shop Drawings, Producl Dat;l and Sanlples by Contractor ... .................. 3.12.5 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2, 4.2.6,4.3.6,4.5,5..\ 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7,10.2.5, 103,12.2.2,12.2.4,13.4, 14 ........ .3.17 Paymcnt, Final. . Payment Bond, Performance Bond and Payments, Progress Rcpresentatives . . . . . 4 A201-1987 Royalties and Patents . . . . . . . . . AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA'!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 211006 I I' Rules and Notices for Arbitration ., , . , . . . . . , , . . . . . . . .. 4.5.2 Safety of Persons and Property, , . , . . . . . . . . , , . , . . . , . .. 10.2 SafetyPrecautlorisandPrograms ........... 4.2.3,4.2.7,10.1 Samples, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3.12,3 Samples, Shop Drawings, Product Data and ... 3.11,3.12,4.2.7 Samples at the Site, Documents and. . . . . . . . . . .. 3.11 Schedule of Values. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9.2,9.3.1 Schedules, Construction. . . .... .. .. ... 3.10 Separate Contracts and Contractors. . . . . . . . .. 1,1.4,3.14.2,4.2.4, 4.5.5,6,11.3.7,12.1.2, 12.2.5 Shop Drawings, Definition of . . . . . . . . . . . . . . .. . . . . , . , .. 3.12.1 Shop Drawings, Product Data and Samples. . .. 3.11,3.12, 4.2.7 Site,Useof.......................,...... 3.13,6.1.1,6.2.1 Site Inspections. . . 1.2.2,3.3.4,4.2.2,4.2.9,4,3.6,9.8.2,9. I O. I, ] 3.5 Site Visits, Architect's. . . . . . . . . . . . . . . .. 4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2,9.5.1,9.8.2,9.9.2,9.10.1,13.5 Specia11nspectionsanel Testing..... .. .. .. ... 4.2.6,12.2.1,13.5 SpecIfications, Definition of the. . . . . . . . . . . . . . , 1.1.6 Specifications, The .... 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11 Statutes of Limitations ...........,........ 4,5.4.2,12.2.6,13.7 Stopping the \X1ork. ............ 2.3,4.3.7,9.7,10.1.2,10.3, ]4.] Stored Materials ........... 6,2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Subcontractor, Definition of. . . . . . . . . . . . . . . . 5.1.1 SUBCONTRACTORS .......... ...........5 Subcontractors, Work by. . .. .. .. .. .. .. 1.2.4,3.3.2,3,12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations. . . 5.3,5.4,9.3.1.2,9.6.2, 9.6.3,9.6.4,10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2 Submittals...... . .. 1.3,3.2.3,3.10,:3.1 1, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9,10.3,10.1.2,11.1.:'> Subrogation, Waivers of. .. . .. .. .. . . . . ... 6.1.1,] 1.3.5, 11.3.7 Substantial Completion. ,......,.... 4.2.9,4.3.5.2,8.1.1,8.1.3, 8.2.3,9.8,9.9.1,12.2.1,12.2.2,13.7 Substantial Completion, Definition of. . . 9.8.1 Substitution of Subcontractors . , . . . . . . . . . . .. 5.2.3,5.2.4 Substitution of the Architect. . . . . . . . . . . . . . . . . 4.1.3 Substitutions of Materials .... .. .. .,.. . . . .. .. ..... 3.5.1 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions. . . . . . . . . .. 4.3.6 Successors and Assigns ... . . . . . . . . . . . . . . . . .. 13.2 SuperIntendent. . . . . . . . . . . . . . . . . . . . . . . . .. 3.9, 10.2.6 Supervision and Construction Procedures. . . . 1.2.4,3.3,3.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surety. .. . . . ... .. .... 4.4.1,4.4.4,5.4,1.2,9.10.2,9.10.3,14.2.2 Surety, Consent of. . . . . . . . . . . . . . . . . . . . . .. 9.9.1,9. I 0.2,9.10.3 Surveys, . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . .. 2.2.2,3.18.3 I I I ! Suspension by the Owner for Convenience . . . . .. 14.3 Suspension of the Work ......... 4.3.7,5.4,2,14.1.1.4,14.3 Suspension or Termination of the Contract ...... 4.3.7,5.4.1.1,14 Taxes ...............:...........,.......... 3.6,7.3.6.4 Termination by the Contractor. . . . . . . . . . . . . . . . . '. . . . . .. 14.1 Termination by the Owner for Cause. . . . . . . . . . . .. 5.4, I, 1,14.2 Termination of the Architect .. . . . . . . . . . . . , . . . . . . . , . . .. 4.1.3 Termination of the Contractor ........................ 14.2,2 TERMINATION OR SUSPENSION OFTHECONTRACT ...... 14 Tests and Inspections.. ... 3,3.3,4,26,4.2.9,9.4.2,12.2,1,13.5 TIME............................................... 8 Time, Delays and Extensions of . . . . . . . . . . . . .. 4.3.8,7.2.1,8.3 Time Limits, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3,5,7,3,9,8,2, 9.2, 9.3.1, 9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3,6,11.3.10, 11.3.1 1,12.2.2,12.2.4,12.2.6,13.7,14 Time limits on Claims. . . . . . . .. 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Title to Work . . . . . . . . . . . . . . . .. . . . . .'. . , . . . . . . .. 9.3.2,9.3,3 UNCOVERING AND CORRECTION OF WORK ...,......... 12 Uncovering of Work ......,..........,.............. 12.1 UnforeseenConditiol1s .................,.. 4.3.6,8,3,1,10.1 Unit Prices. . . . . . . . . , . . . . . . . . . . . . . . . .. 7.1.4,7.3.3.2 Use of Documents .. .......... ].1.1,1.3,2.2.5,3.12.7,5.3 Use of Site ."...........,..,............ 3.13,6.1.],6.2.1 Values, Schedule of ...................,........ 9.2,9.3.1 Waiver of Claims: Final Payment. . . . . 4.3.5,4.5.1,9.10.3 Waiver of Claims by the Architect. .....,............... 13.4.2 Waiver of Claims by the Contractor. ........ 9.10.4,11.3.7,13.4.2 Waiver of Claims by the Owner. . . . . . . . . . . . .. 4.3.5,4.5.1,9.9,3, 9.10.3,11.3.3, 11.3.5, 11.3,7, 13.4.2 Waiver of Liens. . . . . . . . . . ',' . . . . . . . . . . . 9.10.2 Waivers of Subrogation .. ............ 6.1.1,11.3.5, 11.3.7 Warranty and Warranties. . . . . . . . . . . . . . . . . .. 3.5,4.2.9, 4.3.5.3,9.3.3,9.8.2,9.9.1,12.2.2,13.7.1.3 Weather Delays. . . . . . , , . . . . . . . . . . . . . . . . . . . . . . .. 4.3.8.2 When Arbitration May Be Demanded , . . . . . . . . . . . . . . . .. 4.5.4 Work, Definition of . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. 1.1.3 Written Consent. . . . . . . . . . . . .. 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, 4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3, 11.3.1, ] 1.3.1.4, J 1.3.11,13.2,13.4.2 Written Interpretations. ...... ... ... ... ... 4.2.11,4.2.12,4.3.7 Written Notice. , . . . . . , . .. 2.3,2.4,3.9,3.12,8,312,9,4.3,4.4.4, 4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2, 10.2.6,11.1.3, 11.3,12.2.2,12.2.4,13.3, 13.5.2, 14 Written Orders. . . . . . . . . . . . . . . . . . . . . . . ., 2.3,3.9,4.3.7, 7,8.2.2,11.3,9,12.1, 12.2, 13.5.2, 14.3,] AlA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AIA1l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A201-1987 5 J ~ II I i ; \ I I ( " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 1 I I' I ! I I j I I ! ARTICLE 1 GENERAL PROVISIONS 1 .1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 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 Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (I) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by ihe 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. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documerhv otlall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 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 comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described, The Contractor may retain one contract record set. Neither the ContractOr nor any Subcontractor, Sub- subcontractOr or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to' be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA \!) . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20lJ06 I 1 1/ ;' tJ I ,I ;l Work without the specific written consent of the Owner and Architect. The Contractor, SubcontractOrs, Sub-subcontractors and material or equipment suppliers are granted a limited license. to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identit1ed references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the' interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 'i 'I ;1 .; ! '1 :1 :L 'I 1 j ., ARTICLE 2 OWNER - 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means . the Owner or the Owner's authorized representative, 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to' the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. (Note: Unless sllcb reasonable euidcllce were jitmisbed on request prior to tbe execution of tbe Agl-eelllellt, tbe prospectiue CQllfmctor would Jlot be IWfllired to execute tl.Je Agreement or to colllmence the Work.} 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the \X/ork shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with .diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven. day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejuelice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter clue the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA'" . @1987 THE AMERtCAN INST]TUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000(, A201-1987 7 ~ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shail assume appropriate responsibility for such perfor- mance and shall bear an appropriate an10unt of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be soleIy responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 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 performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration' of the Contract, or by tests, inspections or approvals required or performed by persons, other than the Contractor. 3.3.4 The Contractor shall be responsible for inspectibn of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work, 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities anel services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or nor incorpo- rated or to be incorporated in the Work, 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage, If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded, 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with' applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the COntract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8. i The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the ContractOr of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA$ . @1987 THE AMERICAN INSTITUTE OF ARCHIT~CTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 " .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3,8,2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site 8uring performance of the Work. The superinten- . dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, .shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare ~lt1d keep current, for the Architect's approval, a schedule of submittals which is coordi- luted with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals, These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the \\fork. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged, 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the 'Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by, the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in, the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation, The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof, 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than thoSe requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which lhe Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AlA <!) . @19R7 THE AMERICAN INSTITUTE OF ARCHITECTS. t 735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20()o6 A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld, The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. ,I ~l .1 .1 :1 ;i :) il ;/ i I ! 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 Thc Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is rcquired by the Contract Documents. However, if the Contractor has rea- son to believe that the required dcsign, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, thc Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly cmployed 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 indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employec benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shaJlnot extend to the liability of the Architcct, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any_ of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. ~ ~.1.~ I:iSJ3'e1tf!D Rri&iRg llR~hH ~'IBFRm8rRFRr 41:> ~nQ A 1 i} 9R9.11 li'i' ('lgjf<'t tf"'\ "lr'hitr''1t1Q11. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect wilJ provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) .with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect wilJ advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by writtcn instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of-construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the \">;rork, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will nOt be responsible for the Contractor's failure to carry out the Work in accordance with tile Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA<!l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, t 735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ~ i. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing. of the Work in accordance with Subparagraphs 13.5,2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such ;tuthority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect 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 with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining. the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3,3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is 'a component. 4.2.8 The Architect will prepare Change Orders and Constnlc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4, 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings, When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be fmal if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims,. including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall nd..J be required as a condition precedent to .rloJitrati"lil ~. litigation ;i1J of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless . of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim ~J shall not be a condition precedent to jj,Cgitl"1\;nn 'jr litigation in F":"' Il the event (1) the position of Architect is vacant, (2) the Architect ~-/l.A has not received evidence or has failed to render a decision /WI; within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mech;mic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION 1\11\$ . @\987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 A201-1987 11 ... " 'fIJ 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim..ln-;:),19iRB ~rh;tr~';'>U?, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents, 4.3.5 Waiver of Claims: Final Payment. 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 aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions,. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which.dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons, Claims by either party in opposition to such determination must be made within 2 I days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be giveil before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, e>) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1' If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse \veather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2 I days after first observance, The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3,7 or 4.3.8, 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (I) request additional supporting data from the claimant, (2) submit a schedule to'the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten clays after the Architect's preliminary response, take one or more of the following actions: (I) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Clainl stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties ii'lt oW8jll~t tl? RfBimltiQQ Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ~ 4.5. ontroversles and Claims Subject to Arbitration. Any controve. or Claim arising out of or related to the Contract, or the breac hereof, shall be settled by arbitration in accor- dance with the struction Industry Arbitration Rules of the American ArbitratiOI ssociation, and judgment upon the~ award rendered by the a 'trator or arbitrators may be entered in any court having jurisdict 1 thereof, except controversies .~ 1I}J) or Claims relating to aesthetic ef and except those waived as Ij/II' - provided for in Subparagraph 4.3. Such controversies or Claims upon which the Architect has giv lot ice and rendered a decision as provided in Subparagr:lph 4.4.4 all be subject to arbitration upon written demand of either par Arbitration may be commenced when 45 days have passed at. a Claim has been referred to the Architect as provided in Paragra 4,3 !IRS nl3 SllEiGiElA hru; 138@A r~H'g@rllg 12 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOlIRTEENTH EDITIONhAlA'" · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 21111116 " cf ~ ..~ . Own d Contractor not resolved under Paragraph 4.4 shall, if subject titration under Subparagraph 4.5.1, be decided by arbitration in rdance with the Construction Industry Arbitration Rules of the erican Arbitration Association cur- rently in effect, unless the pa' mutually agree otherwise. Notice of demand for arbitration sha filed in writing with the other party to the Agreement between t wner and Con- tractor and with the American Arbitration Assoct , and a tration procee d Contractor shall comply tration Claim may not be made until the earlier of (1) the date on whic rchitect has rendered a final written deci- f\JI/ sion on the Claim, (2) t th day after the parties have pre- 17iJ. sented evidence to the Architect ve been given reasonable t r& opportunity to do so, if the Architect ha rendered a- final jI-#- written decision by that date, or (3) any of t events ~ the cision is final but subject to arbitration and (2) a demand for arbit . n of a Claim covered by such decision must be made within ays after the date on which the party making the demand receive e final written decision, then failure to demand arbitration withu id 30 days' period shall result in the Architect's decision becom final and binding upon the Owner and Contractor. If the Archite enders a decision after arbitration proceedings have been initiate, ch decision may be entered as evidence, but shall not supersede a . ration pro- ceedings unless the decision is acceptable to a rties ~ limits _ Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4,1 as app I nd in other cases within a reasonable time after the Claim has an " d in no event shall it be made after the date when institution of lega itable proceedings based on such Claim would be barred by the ap' e statute ng out of or relating to the Contract Documents shall incl e, by consolidation or joinder or in any other manner, the Arc 'tect, the Architect's employees or consultants, except cp by writtel onsent containing specific reference to the Agree- ment and sig d by the Architect, Owner, Contractor and any other person or 1tity sought to be jOine,d. No arbitration shall include, by conso ation or joinder or in any other manner, parties other than th wner, Contractor, a separate contrac- tor as described in Artl e 6 and other persons substantially involved in a common que 'on of fact or law whose presence is required if complete relief is be accorded in arbitration. No person or entity other than the 0 er, Contractor or a separate contractor as described in Article 6 s II be included as an orig- inal third party or additional third part} 0 an arbitration whose interest or responsibility is insubstantial. nsent to arbitration involving an additional person or entity s II not constitute consent to arbitration of a dispute not describe erein or with a person or entity not named or described there ,The fore- going agreement to arbitrate and other agreements t arbitrate with an additional person or entity duly consented to by arties to the Agreement shall be specifically enforceable under a li- files a of demand for arbitration must assert in the demand all Claim known to that party on which arbitra- (W.c) tion is permitted to be dem When a party fails to include JiJAa a Claim through oversight, inadverte excusable neglect, ~ or when a Claim has matured or been acquire e uently, "". arbitrator or shall be final, and judgment m;y be ~ entered upon it in accordance Ie law in any court iJ1Yf1 ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 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. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principalpor- tion of the Work. The Architect will promptly reply to the Con- >tractor in writing stating whether or not the Owner or the Architect, after due in'vestigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the C<lt1tractor shall propose another to whom the Owner or Architect has no reasonable objection.' The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required, 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selectee! if the Owner or Architect makes reasonable objection to such change. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA'" . @\987 THE AMERICAN INSTITUTE OF ARCHITECTS, Ins NEW YORK AVEN:JE. N.W., WASHINGTON, D.C. 2000(, A201-1987 13 i, : I I j I 1 ~ 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where kgaliy required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Ovmer and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect uncter the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents.. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS .5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions 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. 1f 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 else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construclion or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so, The Contractor shall make any revisions to the construction schedule and Contract Swn deemed necessary after a joint review and mutual agreeme'nt. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the O\vner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties ;md shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed constmction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially COI11- p1eted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations, 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises anlOng the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from was:e materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDmON AlA'!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17:'\5 NEW YORK AVENUE, NW., WASHINGTON, D.C. 200u6 ,; ..! '~ .. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. " 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents; and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a niinor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of \'\'ork proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by t.he Architect and signed by the Owner and Architect, directing a ch;mge in the \X'ork and stating a proposed basis for adjustment, if any, in the Contract Sllt11 or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the ahsence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them, Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7,3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of . this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen '05 compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and fielel office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The ;U11ount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not ;lgree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall. be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agrce with the deter- mination made by the Architect concerning'the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall bc effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, \VASHINGTON, D.C. 20006 A201.1987 15 .. " ',' -: 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect 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. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8;1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unle~s otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreemem the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3. The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the \Vork by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in ihe Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the COntract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.). 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under Other provisions of the Contract Documents. ARTICLE 9 PA YMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If ap'proved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the ~ite for such materials and equipment stored off the site. 9.3.3 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 warrants 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 encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entitie~ making a claim by reason of having provided bbor, materials and equipment relating til the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either i~sue to the 16 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' i(JURTEENTH EDITION AlA'" . @1987THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, t),C, 20006 'c ;. ~ Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the. Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents, The foregoing representa- tions 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 minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the anlOunt certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (I) 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 requisitions 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 Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4,1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted 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 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the anlount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such SubCOntractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner, 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparag'raphs 9.6.2,9.6.3 and 9,6.4. 9.6.6 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. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- ilLJ tified by the Architect M om9rQ~Q J..:'1.o'f9i"o';M, then the Con- TiJAA tractor may, upon seven additional days' written notice to the fA"v . Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments, Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA'" . @1987 THE AMERICAN lNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 17 f' ~ '- :. " ~ nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the' Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 1: l- I I I I I , . i , 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph] 1.3.11 and authorized by public authorities' having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, danlage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9,8,2, Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld, The stage of the progress of the Work shall be determined by written agree- - ment between the Owner and Contractor or, if no agreement is reached, by'decision of the Architect. 9.9.2 Immediately prior to such partial occup;mcy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of .written notice that the Work iS'leady for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9,10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish 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 all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certitlcation by' the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accept~d shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and . conditions governing final payment, .except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the O"..;ner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor 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. Such waivers shall be in addition to the waiver described in Subparagraph 4 ,3.5. 18 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -. .,. ----~..._.- ---.-......... -.-- --.".--, _. -.- --_._~...._..____.___".._._. _u_. (,' ;' ... 1':, ,. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl'(PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perfo1'lil without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- -jng but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, 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 itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in p:lrt by a party indemnit1ed hereunder. Such obligatiol) shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 emplo}'ees on the Work and other persons who may be affected thereb}'; .2 the \X'ork afld materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the ContractOr's Subcontractors or' Sub-subcontrac- tors; 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, relo- cation or replacement in the course of construction. -.. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss, 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carryon such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy danlage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2,1.3 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 Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit an}' part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injur}' or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 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 such insurance as \viJl protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AIA$ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D,C. 20006 A201.1987 19 ~: ~ f:l 1, " \, .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (I) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- tained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph II. I shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at leist 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as rcquired by Subparagraph 9.1 0.2, Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. I" ! ~ Owner shall be responsible for purchasing and maintatnmg t wner's usual liability insurance. Optionally, the Owner may purc d maintain other insurance for self- protection against claims may arise from operations under the Co'niract. The Contracto I not be responsible for purchasing and maintaining this option wner's liability insurance unless specifically required by t 1 ontract , 11.3 PROPERTY INS~~C.,\....c..J-- A.L)11.3.1 {,'nlsDE sthsrI iDS I"rs' i8s8, tRS g. nlr shall purchase '-r:~ and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles, Such property insurance shall be main- tained, unless otherwise provided in the Contract Documcnts or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9. I 0 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11,3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form an-d shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, m.alicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shaH cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. erty' urance required by the Contract and with aH of the coverages he amount described above, the Owner shall so inform the Con tor in writing prior to commencement of 1!n the Work. The Contr r may then effect insurance which will ~ protect the interests of the tractor, Subcontractors and Sub- subcontractors in the Work, an a propriate Change Order the cost thereof shall be charged to tli wner. If the Contrac- tor is danlaged by the failure or neglect 0 Owner to pur- chase or maintain insurance as described above, ithout so notifying the Contractor, then the Owner shaH bear al on- bles ch deductibles are iden-tified in the Contract Docu- ments, the ractor shall pay costs not covered because of such deductibles, Owner or insurer increases the required ~ minimum deductibles a . the anlounts so identified or if the Owner elects to purchase this rance with voluntary deduc- tible amounts, the Owner shall be r nsible for payment of the additional costs not covered because ch increased or voluntary deductibles. If deductibles are not i . led in the Contract Documents, the Owner shaH pay costs not 'ered 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of [he Work in transit.: i.L L i ...~..... 11.3.2 Boller and. Machinery Insurance. l! 9, Milt shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically covcr such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, ContractOr, Subcontractors and Sub- subcontractors in thc Work, and the Owner and Contractor shall be n~ll1ed insureds. . 11.3.3 Lo'ss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insurc the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. .l.@ QTI18r yoai 'Be all rightG sf Qsti9~ Rg9i~i:t th~ ('Q....tr.H~tQr r<'\r )'-H't." ^f IIC'",". ~f tl:}9 C"'":'"'R@['C p'rQp@rt~., iR~I')gi'lB <:QrH''''';''r1Ar...ri''ll 1nee'PL' rll1f'> 1:{' fcire aJ achel f1B.!Zflr€la R9"':"'8ugr ~fl' 'r.g, ~ rfi ~ risks otlle ose described herein or for other special haz- ards be included in t t ' insurance policy, the Owner shall, if possible, include such insu ld the cost thereof shall be charged to the Contractor by appr hange 20 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION . FOURTEENTH EDITION AlA" · @]987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 " If.. t_ ',,- "'" . i . :.r i sures properties, real or personal or both, adjoining or a c t to the site by property insurance under policies sepa fr 1 those insuring the Project, or if after final payment op- crt insurance is to be provided on the completed P ject thro _ h a policy or policies other th:m those insuring th Proj- ect d ring the construction period, the Owner shall w 've all rights accordance with the terms of Subparagraph 1 ,3.7 for damag caused by fire or other perils covered by thi separate propert} insurance. All separate policies shall pr vide this waiver 0 subrogation by endorsement or otherwis , 11.3.6 Bd re an exposure to loss may occur, the Owner shall file with th Contractor a copy of each policy that includes insurance c erages required by this Paragra h 11.3. Each policy shall c ntain all generally applicable co ditions, defini- tions, exclusio s and endorsements related to is Project. Each policy shall co tain 'a provision that the p licy will not be cancelled or allo ed to expire until at least days' prior writ- ten notice has be n given to the Contract . 11.3.8 A loss insur d under Owner's pro erty insurance shall be adjusted by th Owner as fiduciary and lade payable to the Owner as fiduci ry. for the insureds, as eir interests may appear, subject 0 requirements of any ap icabJe mortgagee clause and of S bparagraph 11.3.10. The COI tractor shall pay Subcontractor their just shares of insurance p ceeds received by the Cont .letor, and by appropriate agree lents, written, where legall required for validity, shall require bcontractors to make yments to their Sub-subcontracto s in similar manner. 11.3.9 If required in writing by a party in interest, as fidu ary shall, upon occurrence of an insured bond f r proper performance of thc Owner's duties. he cost of re ired bonds shall be charged against proceeds rec ived as fiduc'ary. The Owner shall deposit in a separate accou t pro- cee so received, which the Owner shall distribute in ccor- da! e with such agreenlent as the parties in interest may r ach, or 111 accordance with an arbitration award in which case the p ocedure shall be as provided in Paragraph 4.5. If after s h ss no other special agreement is made, replacement of da ,- 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;.jf nda Qbj~<;;t;Qn ~e ~ n... "'l.1P , 'Jrhitr"tllf'C ch'lll hp rhAcpn 'lC rr("n,irlprf in P'lr'lgr'lrh .a. 'c;, "fR8 Q'?'R8r a~ A.h:lEJiary BRilll, iR tRat C0€9, J;Ralo@ ~8tt18J;R9Rt w'iW1 i4/J tM[Yf@f& iR a~~grgan~@ "ritR 9ir@~ti9RS 8f SH€R afeitftHSre If .irtri~1dtigR Qf iRf11r:;U1ce prQ<,':'O<=>O?i 9)' ?rQttr"HO'"l if rp1l,irprl, ~~.,..,rhitr~tQri 'r)'il1 ?;r'f<,t f..~h ~:lh.i?11tjQn I 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing' property insurance have consented to such partial occupancy or use by endorsement or otherwise. Thc Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance, 11.4 PERFORMANCE BOND AND PAYMENT BOND _ 1_1,.1.1 'fkl!! O'i\I.l!!f akQlll~Q' 8 tRQ rigRt \9 rll'il"'r'i~ Contracp~ C)WJ.> furnish bonds covering faithful performance of the Con- ~ tract and payment of obligations arising thereunder as ~ lates in sissiRg rllEjljir9J;R@RW sr vI'9li}iAGllll~' l'ilEjlli"H.I iR thw \Jffl€t J;)9~R18fltE g~Q gata gf ~nii~wti9R gf tkli C2RtfR9t. ....,f>CtK "" Cite.....';c fa..J. 11.4. Upon the re~uest of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of thc Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has becn covered which the Architect has not specifically requested to observc prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for 'payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejectcd by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or aftcr Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall' bear costs of correcting stich rejected Work, includil1g additional testing and inspec- tions and compensation for thc Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after thc date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 21 I; .,0"" .. ." ~ for commencement of warranties established under Sub, paragraph 9.9,1, 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 accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantia! Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notic'e promptly after dis- covery of the condition, j. I I, 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements , of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written nOtice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense, If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner Inay upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shaH account for the proceeds thereof, after deducting costs and dam;lges that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of \'Vork which is not in accorelance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the 'Con- tract Documents. Establishmem of the time period of one year as described in Subparagraph 12.2.2 relates only to the specifiC' obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal ;md cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and .Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligatitins contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 \Xrritten notice shall be c1eemed to have been c1uly served if delivered in person to the individual or a member of . the finn or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition 10 and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or COntractor shali constitute a waiver of a right or duty afforded them under the Contr:lct, nor shall such action or failure to act constitute approval of or acqi.liescence in a bre;lch thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made ;n an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and sh;1l1 bear all related costs of tests, inspections :lncl approvals, The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures, The Owner shall bear costs of tests, insi)ections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities h:lving jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity ,acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA <!l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2()[J()() '-:'.'.-.--..-.--...-.. ---~-.-~-_.. ....--..--.. -.._-_..,---~...__._.~.. ....--_. .-----... ._. 111, "f) (~ ... -5" ,. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and n.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of ~esting, 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to 11m and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion: .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and :U1Y alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or Failure to perform 'any duty ll1' obligation by the'Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; ._'1 l:"'&:>.....~111i''O ..hI'> A r.....h;t~<'t h?f t...":'t iff",,:"Q ., (prtlfir"lt"" fr.r P~:''M1~nt tlRg qAf ,."9" n9titJ~Q tl"~ CQt"'\t...,.....tnr ....r thD ~ rll~[gA t:sr 'i"ithhGlgiAg ~lilftifiQatigA Ole I?r?"i?~Q ;n 'f!~ ~:~::~~~~~;~:ii~t]:81:~~~;:D~L:i~~tR~~;t'~ ~ A if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or ] 20 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2,2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect 'to materials, equipment, tools, and constnlction equipment rvIA.I and I113chinery :1"\.....11I(1;."l8 r~...,fnnAl;?I~ g..~rh~~lg Pf/}t:it ~n~i "C.. ~ "R:lag<8i. IN;;"vOII0~ /lI3#4-~v.a!Ufi OJe4J8~1J iP/to~/r 14.1.3 If the Work is stopped flJr a period of 60 clays through IlIlih no act or fault of the Contractor or a Subcontractor or their fI/ v agents or employees or any other persons performing portions of the \Xlork under contr;lct with the Contractor because the Owner has persistently failed to fu1t1l1 the Owner's obligations uncleI' the COntract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate .the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Suhcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a puhlic authority having juris- diction; or .4 otherwise is guilty of suhstantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that suffkient cause exists to jus- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AIA<!> . @19H7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20(H16 A201.1987 23 ~ 11../- ..._..~ --;.. ,t"',~ ? tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, If any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner ternllnates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment untll the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary' thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the I: ," ! c1~ This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.c.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for. payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor In writing tQ suspend, delay or interrupt the Work in whole or in part for stich period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, Including profit on the increased ~ost of performance, .caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for . which the Contractor is responsible; or .2 that an equitable adjustment Is made or denied under another provision of this 'Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee, All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract. Contractor acknowledges that all records relating to this Agreement an9. the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. 9 50- 18-70, et seq.).. Contractor shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. ,. 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Q) > o () ..c: u ctl W Q) 15 ctl .2 a. 0.. ctl ~ - E ... .E (J) c: o :;:::: '6 c: o () Q) u c: ctl ... ::J lJ) C a Q) c: <( or- Q) 15 ctl .2 a. 0.. ctl. ~ - (J) E ... .E U'I (J) o ...J - o Q) CIl ::J ctl () Q) ... o E ... o Q) c: o C\J (J) c Q) E Q) (J) o -c c: W Q) 15 ctl _!2 a. 0- <( (") ~ lD g 8 ,... u: C * I 1 * 1 1 1 1 9 102 * I MP 1 7548 1 2 - 00 0381283 ORIGINAL COpy ~- GREA"IAMERICAN. INSURANCE GROUP "; ~~inistratiV~.Offices 580 Walnut Street Cincinnati, OH 45202 513.369.5000 ph I L 70 0 1 lEd. 05..92) Po I icy No. Renewal Of IMP 1 75 - 48 - 1 2 - 00 BUS I NESSPRO@ POL I CY COMMON DECLARA T IONS NAMED INSURED R.D. BROWN CONTRACTORS, INC. AND ADDRESS: P.O. BOX 6535 NORTH AUGUSTA, SC 29861 IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. AGENT'S NAME AND ADDRESS: SAS 1 SHERMAN &. HEMSTREET PO BOX 10106 AUGUSTA, GA 30903 2706 Insurance is afforded by the Company named below, a Capital Stock Corporation: GREAT AMERICAN INSURANCE. COMPANY OF NEW YORK POLICY PERIOD: From 11/01/2002 To 11/01/2003 1 2 : 01 A. M . S tan d a r d Time a t the add res s 0 f the Name din sur e d This policy consists of the following Coverage Parts for which a premium is indicated. This premium may be subject to adjustment. P r em i urn Corrmercial Corrmercial Corrmercial Corrmercial Corrmercial Corrmercial Corrmercial Property General Liabi ity Cr ime Inland Marine Equipment Breakdown Auto Umb rei I a $1,278.00 TOTAL $1 ,27B .00 FORMS AND ENDORSEMENTS appl icable POLICY ALTERNATE MAILING ADDRESS: to a I I Co v era g e Par t san d ma de par t oft his Pol icy at time 0 f i s sue are I isted on the attached Forms and Endorsements Schedule IL8B01 11/85/~ Countersigned 1147 1m;; DJa t e I By Representat i ve F8972C(9101) IL 7001 lEd. 05/92) PRO ATr.I~W~ ~ GREAlAMERICAN. 0381283 '; Adfninistrative Offices 58U Walnut Street Cincinnati, Ohio 45202 Tel: 1-513-369-5000 IL 88 01 (Ed.11/851 INSURANCE COMPANIES Pol icy: IMP 1 75 - 48 - 1 2 00 BUSINESSPRO FORMS AND ENDORSEMENTS SCHEDULE It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy: Form and Edition Date Added* or Date Deleted Form Description 1.IL0017 1 1 198 COMMON POLICY CONDITIONS 2. I L0262 07/02 GEORGIA CHG-CANCELLATION/NONRENEWAL 3.IL7001 05/92 COMMON DECLARATIONS 4. IL8802 1 1 185 MINIMUM EARNED PREMIUM * IF NOT AT INCEPTION I'L 88 01 11/85 (Page. 1 0 f 1 I c I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00 0381283 * JlGREAT AMERICAj,t-I INSURANCE COMPANIES SubsidiI:r-ies of A'meriean Financial Corporation 580 WALNUT STREET, CINCINNATI, OHIO 45202 BUSINESSPRO GENERAL ENDORSEMENT MINIMUM EARNED PREMIUM ORIGINAL COpy I L 88 02 (E d. 11 85) 1ft his pol icy i sea nee I led, the m i n i mum ear n e d p r em i um s h a I I be 1 ,000.00 MEPOL004(12/94) BUSINESSPRO (Reg. U.S. Pat. Off.) IL 88 02 (Ed. 11/85) PRO (Page of ) C * I 1 * 1 1 / 1 9 / 02 * I MP 1 7548 1 2 - 00 0381283 ;. ':; ORIGINAL COpy IL 00 17 (Ed. 1 1 98) COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured writ- ten notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or. deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effec- tive date of cancellation. The policy period will end on that date. 5. 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. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements be- tween you and us concerning the insurancoe afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS 1. We have the right to: a. make inspections and surveys at any time; b. give you reports on the conditions we find; and c. recommend changes. 2. We are not obligated to make any inspec- tions, surveys, reports or recommenda- tions and any such actions we do under- take relate only to insurability and the pre- miums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. are safe or healthful; or b. comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or rec- ommendations. IL 0017 (Ed. 11/98) XS Copyright, Insurance Services Office, Inc. 1998 (Pagel of 2) I~---C * 11*11/19/02*IMP1754812-00 0381283 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. PREMIUMS The first Named Insured shown In the Dec- larations: 1. is responsible for the payment of all pre- miums; and 2. will be the payee for any return premiums we pay. ORIGINAL COPY , ;' ~ F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written con- sent except in the case of death of an in- dividual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal re- presentative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. ~~~ ~<~d)[~~ President IL 00 17 (Ed. 1 1/98) XS Copyright, Insurance Services Office, Inc. 1998 (Page 20f 2) C * 11*11/19/02*IMP1754812-00 0381283 ORIGINAL COpy IL 02 62 (Ed. 07 02) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GEORGIA CHANGES - CANCELLA rlON AND NONRENEW AL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE' PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraph A.1. of the CANCELLATION Com- mon Policy Condition is replaced by the fol- lowing: and the third party as soon as prac- ticable after receiving the first Named Insured's request for cancellation. 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation, stating a future date on which the policy is to be, cancelled, sub ject to the following: Our notice will state the effective date of cancellation, which will be the later of the following: (1) lO days from the date of mailing or delivering our notice, or a. If only the interest of the first Named Insured is affected, the effective date of cancellation will be either the date we receive notice from the first Named Insured or the date specified in the notice, whichever is later. How- ever, upon receiving a written notice of cancellation from the first Named Insured, we may waive the requirement that the notice state the future date of cancellation, by confirming the date and time of cancellation in wri~ing to the first Named Insured. (2) the effective date of cancellation stated in the first Named Insured's notice to us. B. Paragraph A.5. of the CANCELLATION Com- mon Policy Condition is replaced by the fol- lowing: 5. Premium Refund a. If this policy is cancelled, we will send the first Named Insured any premium refund due. b. If by statute, regulation or contract this policy may not be cancelled unless notice is given to a governmental agency, mortgagee or other third par- ty, we will mail or deliver at least' lO days notice to the first Named Insured Copyright, ISO Properties, IL 02 62 (Ed. 07/02) XS (Pagel of 2) b. If we cancel,-the refund will be pro rata, except as provided in c. below. c. If the cancellation results from failure of the first Named Insured to pay, when due, any premium to us or any amount, when due, under a premium finance agreement, then the refund Inc., 200 1 C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00 0381283 may be less than pro rata. Calculation of the return premium at less than pro rata represents a penalty charged on unearned premium. d. If the first Named Insured cancels, the refund may be less than pro rata. e. The cancellation will be effective even if we have not made or offered a refund. C. The following IS added to the CANCELLATION Common Policy Condition and supersedes any other provision to the contrary: If we decide to: 1. cancel or nonrenew this policy; or 2. increase current policy premium by more than 15% (other than any increase due to change in risk, exposure or experience modification or resulting from an audit of auditable coverages); or 3. change any policy provision which would limit or restrict coverage; Then: We will mail or deliver notice of our action (including the dollar amount of any increase in renewal premium of more than 15%) to the first Named Insured and lienholder, if any, at the last mailing address known to us. Except as applicable as described in Paragraph D. be- low, we will mail or deliver notice at least: 1. 10 days before the effective date of can- cellation if this policy has been in effect less than 60 days or if we cancel for nonpayment of premium; or 2. 45 days before the effective date of can- cellation if this policy has been in effect 60 or more days and we cancel for a reason other than nonpayment of premi- um; or 3. 45 days before the expiration date of this policy if we decide to nonrenew, increase the premium or limit or restrict coverage. D. The following provisions apply to insurance covering residential real property only pro- vided under the: ORIGINAL COpy CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART; COMMERCIAL PROPERTY COVERAGE PART; FARM COVERAGE PART; if the Named Insured is a natural person. With respect to such insurance, the following is added to the CANCELLATION Common Policy Condition and supersedes any provi- sions to the contrary: 1. When this policy has been in effect for 60 days or less and is not a renewal with us, we may cancel for any reason by noti- fying the first Named Insured at least 10 days before the date cancellation takes effect. 2. When this policy has been in effect for more than 60 days, or at any time if it is a renewal with us, we may cancel only for one or more of the following reasons: a. nonpayment of premium. whether payable to us or to our agent; b. upon discovery of fraud, concealment of a material fact. or material mis- representation made by or with the knowledge of any person insured un- der this policy in obtaining this policy, continuing this policy or presenting a claim under this policy; c. upon the occurrence of a change in the risk which substantially increases any hazard insured against; or d. upon the violation of any of the ma- terial terms or conditions of this policy by any person insured under this poli- cy. We may cancel by providing notice to the first Named Insured at least: * 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium; or * 45 days before the effective date of cancellation if we cancel for any of the reasons listed in b., c. or d. above. IL 02 62 (Ed. 07/02) XS Copyright. ISO Properties, Inc., 2001 (Page 2 of 2) ~:' GREAlflMERICAiY. 0381283 AdmS.~istrative Offices 580 Walnut Street Cincinnati, Ohio 45202 Tel: 1-513-369-5000 CM 88 01 IEd.11/851 INSURANCE COMPANIES Policy: IMP 175-48-12 00 BUSINESSPRO FORMS AND ENDORSEMENTS SCHEDULE It ;s hereby understood and agreed the following forms and endorsements are attached to and are a part of this pol icy: Form and Edition 1 . CMOO01 09/00 2. CM7840 07/99 3. CM7841 07/99 4. CM7879 10/92 5. CM8802 1 1 /85 * I F NOT AT INCEPTION Date Added* or Date Deleted Form Description COMMON INLAND MARINE CONDITIONS BUILDER'S RISK PLUS DECLARATIONS BUILDER'S RISK PLUS COVERAGE FORM AUGUSTA, GEORGIA, A POLITICAL NONRENEWAL NOTICE I CM 88 01 11/85 (Page 1 of 1 I C * I 1 * 1 1 / 1 9 /02 * I MP 1.7548 1 2 - 00 0381283 ORIGINAL COPY -; CM 00 01 (Ed. 09 00) COMMERCIAL -INLAND MARINE CONDITIONS The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms: LOSS CONDITIONS A. Abandonment There can be no abandonment of any property to us. B. Appraisal If we and you disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event. each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: 1. pay its chosen appraiser; and 2. bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. C. Duties In The Event Of Loss You must-see that the following are done in the event of loss or damage to Covered Property: ,1. Notify the po/ice if a law may have been broken. 2. Give us prompt notice of the loss or damage. Include a description of the property involved. 3. As soon as possible, give us a description of how, when and where the loss or dam- age occurred. 4. Take all reasonable steps to protect the Covered Property from further damage, and keep a record of your expenses nec- essary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However, we will not pay for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible. set the damaged property aside and in the best possible order for examination. 5. You will not. except at your own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. 6. As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records. Also permit us to take samples of damag- ed and undamaged property for inspec- tion, testing and analysis, and permit us to make copies from your books and records. 7. We may examine any Insured under oath, while not in the presence of any other Insured and at such times as may be rea- sonably required, about any matter relating to this insurance or the claim, including an Insured's books and records. In the event of an examination, an Insured's answers must be signed. 8. Send us a signed, sworn proof of loss .containing the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or suit. CM 00 01 {Ed. 09/00l XS Copyright, Insurance Services Office, Inc., 1999 (Page 1 of 3) C * 11*11/19/02*IMP1754812-00 0381283 10. Cooperate with us in the investigation or settlement of the claim. D. Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. E. Loss Payment 1. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. 2. We will not pay you more than your fi- nancial interest in the Covered Property. 3. We may adjust losses with the owners of lost or damaged property if other than you_ If we pay the owners, such payments will satisfy your claim against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. 4. We may elect to defend you against suits arising from claims of owners of prop- erty. We will do this at our expense. 5. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if you have complied with all the terms of this Coverage Part and: a. we have reached agreement with you on the amount of the loss; or b. an appraisal award has been made. 6. We will not be liable for any part of a loss that has been paid or made good by oth- ers. F. Other Insurance 1. You may have other insurance subject to the same plan, terms, conditions and pro- visions as the insurance under this Cov- erage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of Insurance of all insurance covering on the same basis. ORIGINAL COPY 2. If there is other insurance covering the same loss or damage, other than that de- scribed in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. G. Pair, Sets Or Parts 1. Pair or Set In case of loss or damage to any part of a pair or set we may: a. repair or replace any part to restore the pair or set to its value before the loss or damage; or b. pay the difference between the value of the pair or set before and after the loss or damage. 2. Parts In case of loss or damage to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property. We will pay recovery ex- penses and the expenses to repair the recov- ered property, subject to the Limit of Insur- ance. I. Reinstatement Of Limit After Loss The Limit of Insurance will not be reduced by the payment of any claim, except for total loss or damage of a scheduled item, in which event we will refund the unearned premium on that item. J. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the ex- CM 00 01 (Ed. 09/00l XS Copyright, Insurance Services Office, Inc., 1999 (Page 2 of 3) C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00 0381283 tent of our payment. That person or organiza- tion must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property. 2. After a loss to your Covered Property only if,at time of loss, that party is one of the following: a. someone insured by this insurance; or b. a business firm: (1) owned or controlled by you; or (2) that owns or controls you. This will not restrict your insurance. GENERAL CONDITIONS A. Concealment, Misrepresentation Or Fraud This Coverage Part is void in any case of fraud, intentional concealment or misrepre- sentation of a materiai fact, by you or any other Insured, at any time, concerning: 1. this Coverage Part; 2. the Covered Property; 3. your interest in the Covered Property; or 4. a claim under this Coverage Part. B. Control Of Property Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. -The breach of any condition of this Coverage Part at anyone or more locations will' not affect coverage at any location where, at the time of los or damage, the breach of con- ,dition does not exist. ORIGINAL COPY C. Legal Action Against Us '- No on.e may bring a legal action against, us under hii~ Coverage Part unless: 1. there has been full compliance with all the terms of this Coverage Part; and 2. the action is brought within 2 years after you first have knowledge of the direct loss or damage. D. No B'enefit To Bailee' No person or organization, other than you, having custody of Coverage Property will benefit from this insurance_ E. Policy Period We cover loss or damage commencing: 1. during the policy period shown in the Declarations; and 2. within the coverage territory. F. Valuation The value of property will be the least of the following amounts: 1. the actual cash value of that property; 2. the cost of reasonably restoring that property to its condition immediately be- fore loss or damage; or 3. the cost of replacing that property with substantially identical property. In the event of loss or damage, the value of property will be determined as of the time of loss or damage. CM 00 01 (Ed. 09/00) XS Copyright, Insurance Services Office, Inc., 1999 (Page 3 of 3) ~.: GREA14MBRICAN. ItlSURAtICE COMPANIES 0381283 ~ Administrative Offices 580 Walnut Street Cincinnati, Ohio 45202 Tel: 1-513-369-5000 eM 78 40 (Ed.07/99) Pol icy: I MP 1 75 - 48 - 1 2 00 BUILDERS RISK PLUS DECLARATIONS NAMED INSURED: R.D. BROWN CONTRACTORS, INC. POll CY PER 100 11/01/2002 to 11/01/2003 PREMIUM FOR THIS COVERAGE FORM: $ 1 ,278 MINIMUM PREMIUM: 1 ,000 $ SECTION A: ,. LIMITS OF I NSURANCF: Coverage is provided only if a Limit of Insurance is shown. The most we will pay for "loss" is: $ 1,161:886 at anyone construction jobsite location $ 100 ,000 wh i lei n t ran sit $ 1,161,886 in anyone "loss" 2. COVERAGE EXTENSIONS: $ $ Debr i 5 5,000 1 ,000 Removal 25 100,000 $ pol I uta n t c I e a n u pan d r emo val loss data preparat ion % 0 f d ire c t ph y s ic a I " I os s" amo u n t additional limit if direct physical "loss" r emo val e x pen see x c e e d L i m i t 0 fin sur a n c e and debris SECTION B: ADDITIONAL COVERAGES: The fo Ilowi ng coverages are prov i ded in add it i on to the above L imi ts of Insurance. $ $ $ $ $ $ 100,000 100,000 100,000 100,000 5,000 5,000 for temporary structures for temp 0 r a r y I 0 cat ion s for forms, scaffolding, falsework and.temporary fences for remova I expense for fire department service charges per occurrence/$500 per item for lawn, trees, shrubs and/or plants SECTION C: OPTIONAL COVERAGES: Coverage is provided only if a Limi.t of Insurance is shown. If a Limit of Insurance is shown, coverage is provided in addition to the Limits of Insurance provided in Section A.. except for Equipment Breakdown and Ordinance or Law, Undamaged Portion of Sui Iding, where coverage is included in the Section A. Limit of Insurance. BUILDERS RISK PLUS (Reg. U.S. Pat. Off.) I CM 78 40 2) 07/99 :1 (Page , 0 f ~ GREA1AMEliK'AN. 0381283 A';irTlinistrative Offices 5aO'Walnut Street Cincinnati, Ohio 45202 Tel: 1-513-369-5000 CM 78 40 IEd.07/99 ) Ir~SURA"CE COMPANIES Pol icy: IMP 175-48-12 00 BUILDERS RISK PLUS DECLARATIONS No Optional Coverages Selected SECTION D: DEDUCTIBLE: The deductible amount is $ 1 ,000 ,or ) See endorsement attached SECTION E: DESCRIPTION AND LOCATION OF COVERED CONSTRUCTION JOBSITEIS) IN THE COURSE OF CONSTRUCTION OR INSTALLATION: ICONSTRUCTION OF FIRE DEPARTMENT #1 AT 1 BROAD ST, AUGUSTA, GA SECTION F: REPORTING BASIS: X Non Report ing () Adjustable Premium (see endorsement attached) "Completed Value" Monthly Reporting (see endorsement attached) FORMS AND ENDORSEMENTS appl icable to all Coverage Parts and made a part of this policy at time of issue are listed on the attached Forms and Endorsements Schedule CM 8801 (11/85). " I CM 78 40 BUILDERS RISK PLUS IReg. U.S. Pat. Off.) 07/99 (Page 2 0 f 2) C * 11*11/19/02*IMP1754812-00 0381283 ORIGINAL COPY ~.\' GREAlAMERICAlY. Admi~istratjve Offices 580 Walnut Stre.at Cincinnati. Ohio 45202 Tel: 1-513-369-5000 INStJRAtlCE COMPANIES CM 78 41 (Ed. 07 99) BUILDERS RISK PLUS COVERAGE FORM Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is or is not covered. Throughout this 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. Other words and phrases that appear .in quotation marks have special meaning. Refer to SECTION G - DEFINITIONS. A. COVERAGE We will pay for direct "loss" to Covered Property from any of the Covered Causes of Loss. e. contractor's equipment, aircraft, motor vehicles, watercraft, machinery, tools or similar property which will not be- come a permanent part of the struc- ture(s) at the job site described in the Declarations; 1. Covered Property, as used in ,this Cov- erage Form, means: ,a. your property and property for which you are legally responsible consisting . of: building materials and supplies, equipment, machinery and fixtures; f. bridges, tunnels, piers, wharves and dams whether or not in the course of construction, reconstruction, renova- tion or repair; b. fences, foundations, excavations. un- derground pipes, drains, paving, and/or pilings at any construction jobsite covered by this Coverage Form; g. buildings or structures that exist prior to any alteration, addition, improve- ment, renovation or repair. 3. Covered Causes of Loss which is, or is intended to become a per- manent part of the structure(s) at the job- _ site(s) described in the Declarations. Covered Causes of Loss means risks of direct physical "loss" to Covered Property except those causes of "loss" listed in the Exclusions. 2. Property Not Covered Covered Property does not include: .4. Additional Coverages a. water, land (including land on which the property is located)" grading or fill;. Additional Coverages, as described below, apply per location and are in addition to the Limit of Insurance located on Section A of the Declarations Page. b. contraband or property in the course of illegal transportation or trade; c. growing crops; a. We will pay up to the Limit of Insur- ance shown in Section B. of the Dec- larations for "loss" from a Covered Cause to Temporary Structures while located at a construction jobsite de- scribed in the Declarations. This insur- d. accounts, bills, currency, deeds,. evi- dences of debt, money, notes or se- curities; CM 78 41 (Ed. 07/99) XS (Page 1 of 1 1) c * 11*11/19/02*IMP1754812-00 0381283 ORIGINAL COpy ance applies as excess of any other insurance that would apply for your benefit. via truck or rail between the original covered locations and the safekeeping location. This property will be valued at the lesser of: (1) its actual cash value; or e. We will pay up to the Limit of Insur- ance shown in Section B. of the Dec- larations for your liability for Fire De- partment Service Charges when the fire department is called to save or protect Covered Property from a Covered Cause of Loss. This coverage is provided when your liability is: (2) the amount for which you are le- gally liable, if the property is not owned by you. b. We will pay for "loss". to Covered Property from a Covered Cause while it is at Temporary Locations, but only for the first 180 days that the prop- erty is located there, and not beyond the end of the policy period. (1) assumed by contract or agree- ment prior to "loss"; or (2) required by local ordinance. The most we will pay for anyone "loss" at a Temporary Location is the Limit of Insurance shown in Section B. of the Declarations. f. We will pay up to the Limit of Insur- ance shown in Section B. of the Dec- larations for "loss" to Lawns, Trees, Shrubs and Plants if the "loss" is caus- ed by fire, lightning, explosion, air- craft, civil disturbance or riot. The most we will pay for anyone lawn, tree, shrub or plant including removal, is 5500. C. We will pay up to the Limit of Insur- ance shown in Section B. of the Dec- larations for "loss" from a Covered Cause to Scaffolding, Construction Forms, Falsework, and Temporary Fences while they are located at a construction jobsite described in the Declarations. This insurance applies as excess of any other insurance that would apply for your benefit. The coinsurance prOVISion of your policy does not apply to these Additional Cov- erages. 5. Coverage Extensions a. Debris Removal This property will be valued at the lesser of: (1) its actual cash value; or We will pay your actual and necessary expense to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss. (2) the amount for which you are le- gally liable, if the property is not owned by you. The most we will pay for "loss" under this Coverage Extension is the per- centage shown on the Declarations which is the sum of the amount we pay for direct physical "loss" to Cov- ered Property plus the applicable de- ductible amount. d. We will pay up to the Limit of Insur- ance shown in Section B. of the Dec- larations for your actual, necessary Expense to Remove Covered Property from a location covered by this insur- ance, if removal is necessary to avoid imminent "loss" from a Covered Cause. We will insure such Covered Property at the location to which it has been removed for safekeeping, for a period up to 30 days. Also, we will insure such Covered Property while in transit If the sum of debris removal expense, deductible amount and our payment for direct physical "loss" exceeds the applicable Limit of Insurance, we will pay up to the limit shown in the Dec- larations for additional debris removal expense. CM 78 41 (Ed. 07/99) XS (Page 2 of 11) C * 11*11/19/02*IMP1754812-00 0381283 \~~ This Covera'ge Extension doesn't apply to the cost to: (1) extract "pollutants" from land or water; or (2) remove, restore or replace pol- luted land or water. b. Pollutant Clean Up and Removal We will pay your necessary expense to extract "pollutants" from land or water at a jobsite if the release, dis- charge or dispersal of the "pollutants" results from a Covered Cause of Loss to Covered Property that occurs dur- ing' the policy period. Your expenses will be paid only if they are reported to us within 180 days of the earlier of: (1) the date of the "loss"; or (2) the end of the policy period. The most we will pay under this Cov- erage Extension is the limit shown in the Declarations for the sum of all such expenses for each separate poli- cy period up to 1 2 months. The limit of Pollutant Clean Up and Re- moval is separate from the Limits of Insurance stated elsewhere in the poli- cy. c. Loss Data Preparation We will pay up to the limit shown in the Declarations for your actual cost of preparing a statement of loss or any other exhibits required in connec- tion with any claim under this Cov- erage Form. B. EXCLUSIONS 1. . We will not pay for a "loss" caused di- ' rectly or indirectly by any of the follow- ing. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss." a. Governmental Action. Seizure or destruction of property by order of governmental authority. . CM 78 41 (Ed. 07/99) XS (Page 3 of 11) ORIGINAL COpy But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Form. . , b. NLiblear Hazard (1) Any weapon employing atomic fission or fusion; or (2) nuclear reaction or radiation, or radioactive contamination from any other cause. But we will pay for direct "loss" caused by re- sulting fire if the fire would be covered under this Coverage Form. C. War and Military Action (1) War, including undeclared or civil war; (2) warlike action by a military force, including action in hindering or defending against an actual or ex- pected attack, by any govern- ment, sovereign or authority using military personnel or other agents; or (3) insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hinder- ing or defending against any of these. d. Earth Movement (1) Any earth movement (other than "sinkhole collapse") such as earth- quake, landslide, mine subsidence or earth sinking, rising, shifting, expanding, contracting or any other earth movement. But if loss or damage by fire, theft, or ex- plosion results, we will pay for that resulting "loss." (2) Volcanic eruption, explosion or effusion. But if "loss" by fire or volcanic action results, we will pay for that resulting "loss." C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00 0381283 ORIGINAL COPY Volcanic action means direct "loss" resulting from the eruption of a volcano when the "loss" is caused by: . " But if "loss" by fire, explosion, theft or sprinkler leakage results, we will pay for that resulting "loss." (a) airborne volcanic blast or airborne shock waves; f. Building Ordinance (b) ash, dust or particulate mat- ter; or The enforcement of any ordinance or law: (c) lava flow. (1) regulating the construction, use or repair of any property; or All volcanic eruptions that occur within any 168 hour period will constitute a single occurrence. (2) requiring the tearing down of any property, includ~ng the cost of removing its debris. Volcanic action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical "loss" to the described property. 2. We will. not pay for a "loss" caused by or resulting from any of the. following: a. Delay, loss' of use, loss of market or any other consequential loss. e. Water b. Dishonest acts by: (1) flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not. (1) you, your partners, officers or trustees, employees or your or their authorized representatives; (2) mudslide or mudflow; (2) anyone else with an interest in the property, or their employees or authorized representatives; (3) water that backs up from a sewer or drain; or (4) water under the ground surface pressing on, or flowing or seep- ing through: (3) anyone else (other than a carrier for hire) to whom you entrust the property. (a) foundations, walls, floors or paved surfaces; This exclusion applies whether or not such persons are acting alone or in collusion with other persons, or such acts occur during the hours of em- ployment. (b) basements, whether paved or not; or (c) doors, windows or other openings. c. Rain, sleet, snow, hail, ice or dust to property in the open. This exclusion does not apply to property in the cus- tody of a carrier for hire, nor "loss" due to collapse of a structure caused by weight of rain, sleet, snow, hail. ice or dust. (5) water damage as a result of freezing, unless: (a) you have shut off the water supply and drained the plumbing systems; or d. Unexplained loss, mysterious disap- pearances or shortage disclosed upon taking inventory. This exclusion does not apply to a carrier for hire or a public warehouseman. (b) made a reasonable effort to maintain heat in an enclosed building. eM 78 41 (Ed. 07/99) XS (Page 4 of 11) C * 11*11/19/02*IMP1754812-00 0381283 - ,. " ,-. 3. We will not pay 'for a "loss" caused by or resulting from any of the following. But if "loss" by a Covered Cause of Loss results, we will pay for that resulting "loss." a. Collapse or weather conditions. But this exclusion only applies if weather conditions or collapse contribute in any way with a cause or event ex- cluded in paragraph 1. above to pro- duce the "loss." b. 'Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Faulty, inadequate or defective: (1) planning, zoning, development, surveying, siting; (2) design, specifications, workman- ship, repair, construction, renova- tion, remodeling, grading, com- paction; . (3) materials used in repair, con- struction, renovation or remodel- ing; or (4) maintenance. d. Gradual deterioration, hidden or latent defects, any quality in the property that causes it to damage or destroy . itself, wear and tear, depreciation, corrosion, rust, mold, rot, dampness or dryness, cold or heat. insects, ro- dents, birds or other animals. . e. Settling, cracking, shrinking, bulging or expansion of the earth, .foundations, footings or structures. 4. We _will not pay for "loss" caused by or . resulting from: a. Artificially generated electric current that creates a short circuit or other . 'electric disturbance within electrical devices, appliances or wires. But we will pay for direct "loss" caused by resulting fire if the fire would be cov- ered under this Coverage Form. b. Mechanical breakdown of machinery including rupture or bursting caused by , centrifugal force. CM 78 41 (Ed. 07/99) XS ORIGINAL COPY '; But if as a result of (a) or (b) above there is "loss" to other Covered Property by a Covered Cause of Loss, we will pay for that resulting "loss." 5. We will not pay for: a. Penalties for noncompletion or non- compliance with contract conditions. b. Any "loss" covered under any guar- antee, warranty or other expressed or implied obligation of any contractor, manufacturer or supplier. This exclu- sion applies whether or not such con- tractor, 'manufacturer' or supplier is a Named Insured. C. LIMITS OF INSURANCE The most we will pay for "loss" due to Cov- ered Causes of Loss is the applicable Limit of Insurance shown in the Declarations, The Lim- its of Insurance applicable to Additional Cov- erages and Optional Coverages are in addition to the Limits of Insurance, unless stated oth- erwise_ D. DEDUCTIBLE We will pay the amount of the adjusted "loss" in excess of the Deductible amount shown in the Declarations, up to the applicable Limit of Insurance. E. ADDITIONAL CONDITIONS The following conditions apply in addition to the Commercial Inland Marine Conditions and Common Policy Conditions. 1. Coinsurance Covered Property, (except property at temporary storage locations or in transit!. must be insured for its total "completed value" at the time of loss or you will incur a penalty. The penalty is that we will pay only the proportion of any "loss" that the applicable Limit of Insurance shown in the Declarations bears to the total "completed value" of Covered Property. (Page 5 of 1 1) C * 11*11/19/02*IMP1754812-00 0381283 ORIGINAL COpy General Condition E. Valuation in the Com- mercial Inland Marine Conditions is re- placed by the following: ':' . ~ (j) fault', defect, ~rror or omis- sion in such design, speci- fications, or. plans; 2. Valuation We will adjust a "loss" to buildings or structures on the basis of replacement cost, at the time of loss, including the contractor's reasonable overhead and profit. (ij) performance of, or failure to perform, supervisory or management functions relat- ed to the construction pro- ject(s). a. Building or Structure b. Other Covered Property (2) Any contractor, manufacturer or supplier of Covered Property that has agreed to make good any loss or damage under a guarantee or warranty:.. (1) owned property at the actual cash value, including labor and delivery charges; If any act or agreement of yours im- pairs our right to recover for "loss" as described above, we will not cover the "loss." We will adjust "loss" to: (2) property of others at the cost to repair or replace but not more than the amount for which you are legally liable. b. We will not cover any "loss" which you settle or compromise without our written consent. 4. Cancellation Property will be valued as of the time the "loss" occurs. The following is added to Common Poli- cy Conditions, paragraph 5: If the first Named Insured cancels this policy, we will retain at least the Minimum Premium amount shown in the Declarations. The most we will pay is: (1) the amount necessary to repair the Covered Property; or 5. Where Coverage Applies (2) the amount necessary to replace the Covered Property with materials of the same kind or quality; or Coverage applies while Covered Property IS: a. at the construction jobsite premises described in the Declarations; or (3) the applicable Limit of Insurance; b. in transit by truck or railroad, whichever is less. a. Before a "loss" you may waive your rights of recovery against any individ- ual, corporation or other entity except: all while within the United States (excluding transit to and from Alaska; to and from Hawaii), the District of Columbia, or Canada. 3. Duty to Preserve Rights of Recovery 6. When Coverage Begins and Ends (1) any architect, engineer, or other party or entity responsible for any design, specifications, or plans for the fabrication, erection or completion of the property in- sured with respect to any loss or damage that may be caused by: We cover from the time the Covered Property is at your risk starting on or after the date this policy begins. This coverage will end on each structure when any of the following occurs: a. the purchaser accepts it; CM 78 41 (Ed. 07/99) XS (Page 6 of 11) c * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00 0381283 ~ i' b. your' interest in the Covered Property ceases; or you abandon the construc- tion; c. 90 days after the structure is "sub- stantially completed" (if no work on the structure has taken place during that period); d. when a structure is occupied or put to its intended Lise, without our written consent; e. any other insurance covers the prop- erty as a completed building or struc- ture; f. this Coverage Form is cancelled; or g. the end of the policy period. F. OPTIONAL COVERAGES Coverage under this section is provided only if a Limit of Insurance for the coverage se- lected appears in the Declarations. The cov- erage limits selected apply per location, and are in addition to the Limit of Insurance, ex- cept for Equipment Breakdown where cov- erage is included in the Section A. Limit of Insurance. If there is no separate deductible indicated, the policy deductible will apply to these optional coverages. 1. Equipment Breakdown a. Coverage (1) We will pay for "loss" caused by or resulting from Accident to "Covered Equipment". As used in this Coverage Form, an Accident means direct physical "loss" as follows: (a) mechanical breakdown ,of machinery including' rupture- or bursting caused bycen- trifugal force; (b) artificially generated electric current that creates a short circuit or other' electric dis- turbance within electrical devices, appliances or wires; or CM 78 41 (Ed. 07/99) XS . . ' (Page 7 of 11) ORIGINAL COPY (c) explosion of steam boilers, steam piping, steam engines or steam turbines. If an initial Accident causes other Ac- cidents, all will be considered one Ac- cioEmt. All Accidents that are the result of the same event will be considered one Accident. (2) The following additional cover- ages also apply to "loss" caused by or resulting from an Accident: (at Expediting Expenses With respect to your damaged Covered Property, we will pay up to $25,000 for your reasonable extra expenses to: (j) make temporary re- pairs; and (j j) expedite permanent re- pairs or replacement. (b) Hazardous Substances We will pay for the addi- tional costs, up to $5,000, to repair or replace Covered Property because of con- tamination by a hazardous substance. This includes the additional expenses to clean up or dispose of such prop- erty. Hazardous Substances means -any .substance other than ammonia that has been de- clared to be hazardous to health by a government agency. Additional Costs mean those beyond that which would have been re- quired'. had no hazardous substance been involved. (3) As respects this Optional Cov- erage, 'Section B. EXCLUSIONS is amended as follows: (a) Paragraph 4. is deleted in its entirety_ C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00 0381283 ORIGINAL COPY (j) the breakdown of any structure, foundation, cabinet, compartment or air-supported struc- ture or building; .r tions, or' to the address where the equipment is located. Once suspended in this way, your in- surance can be reinstated only by written notice from us. If we suspend your insurance, you will get a pro rata refund of premium. But the suspension will be effec- tive even if we have not yet made or offered a refund. ~ (b) The following exclusion is added: We will not pay under this Coverage Form for "loss" caused by or resulting from any of the following: (ij) the breakdown of any insulating or refractory material; (5) As respects this Optional Cov- erage, the following definitions are added to Section G. DEFINI- TIONS: (i i j) the breakdown of any sewer piping; any un- derground vessels or piping; any piping for- ming a part of a sprin- kler system; or any wa- ter piping other than boiler feed water pip- ing, boiler condensate return piping or water piping forming a part of a refrigerating or air conditioning system; or "Covered Equipment" means Cov- ered property including fired or unfired pressure vessels built to operate under vacuum or pres- sure, other than weight of con- tents, or used for the generation, transmission or utilization of en- ergy. However, "Covered Equip- ment" does not include "Produc- tion Machinery". (iv) the explosion of gases or fuel within the fur- nace of any fired vessel or within the flues or passages through which the gases of combus- tion pass. "Production Machinery" means any machine or apparatus, including any cylinder containing a movable plunger or piston, that processes or produces a product intended for eventual sale. 2. Plans and Records (4) As respects this Optional Cov- erage, the following condition is added to Section E. ADDITIONAL CONDITIONS: We will pay up to the Limit of Insurance shown in Section C. of the Declarations to reproduce, replace or restore valuable papers or records (such as blueprints, plans, drawings, or data processing media) located at any construction premises cov- ered by this Optional Coverage. Suspension The Coinsurance Additional Condition of your policy does not apply to valuable pa- pers and records. When any "Covered Equipment" is found to be in, or exposed to a dangerous condition, any of our representatives may immediately suspend the insurance against loss from an Accident to that equipment. We can do this by mailing or delivering a written no- tice of suspension to your ad- dress as shown in the Declara- 3. Fire Protection Equipment We will pay your: a. "loss" to your fire protection equip- ment from a Covered Cause of Loss; and CM 78 41 (Ed. 07/99) XS (Page 8 of 11) C * 11*11/19/02*IMP1754812-00 0381283 " i b. actual 'exJ:5ense to recharge such equipment which was discharged while fighting a fire at, or while in transit to, a construction jobsite described in the Declarations. ORIGINAL COPY 6. Flood Coverage a. Coverage The most we will pay for this Optional Coverage is the Limit of Insurance shown in Section C. of the Declarations for the sum of the "loss" and expense coverage provided. Coverage added by this Optional Cov- erage applies only to locations which are. not within the flood plain as deter- mined by the Federal Emergency Man- agement Agency and identified in Sec- tion C. of the Declarations_ (1) Covered Causes of Loss include: The Coinsurance Additional Condition of your policy does not apply to fire protec- tion equipment (j) Flood meaning a general and temporary condition of par- tial or complete inundation of normally dry land area from inland or tidal waters. 4. Inflation Protection We will pay up to the Limit of Insurance shown in Section C. of the Declarations for your actual increased cost of labor and/ or substantially identical materials to repair or replace Covered Property lost or damaged by a Covered Cause of Loss. (jj) Tsunami meaning a large wave caused by earthquake or volcanic eruption. (i i j) Release of water impounded by a dam. We will pay this additional amount only: (2) Limit of Insurance a. if the jobsite limit is insufficient at the time of loss, but was in. compliance with the Coinsurance condition when coverage began; and The most we will pay for water damage from a Covered Cause of Loss in anyone "loss" is the Limit of Insurance or sublimit shown in Section C. of the Declarations. b. to the extent that the increase in cost is the direct result of inflation of your costs and not changes in the job. (3) Deductible This coverage does not apply to, and we will not pay to rebuild, any structure that existed before the construction job in- sured by this policy began, even if cov- erage for "loss" to such structure' is pro- vided by endorsement to the Coverage Form. As respects your claim for "loss" to Covered Property caused by perils listed in subparagraph (1) above, we will pay the amount of the adjusted "loss" in excess of the applicable deductible up to the applicable Limit of Insurance. 5. Extra Expense 7. Earthquake Coverage a. Coverage We will pay up to the Limit of Insurance shown in Section C. of the Declarations for your actual, necessary, additional ex- pense to continue normal construction operations at a construction jobsite de- scribed in the Declarations, which is in- curred as a direct result of a "loss" to Covered Property from a Covered Cause of Loss, at such jobsite. Coverage added by this Optional Cov- erage includes: 1. Earthquake; and 2. Volcanic Eruption, meaning the eruption, explosion, or effusion of a volcano. CM 78 41 (Ed. 07/99) XS (Page 9 of 11) C * I 1 * 1 1 / 1 9 /02 * IMP 1 7548 1 2 - 00 0381283 All Earthquake shocks or Volcanic Eruptions that occur within any 168 hour period will constitute a single Earthquake or Volcanic Eruption. The expiration of this policy will not reduce the 168 hour period. b. Limit of Insurance The limit of insurance is shown in Section C. of the Declarations Page and is the most we will pay for loss caused by an Earthquake or Volcanic Eruption. c. Deductible 1. As respects your claim for "loss" to Covered Property caused by Earthquake or Volcanic Eruption, we will pay the amount of the adjusted "loss" in excess of the applicable deductible up to the applicable Limit of Insurance. 2. Time Element Waiting Period - if your policy covers time element losses (such as loss of income, rental value or extra expense), we will pay for only the portion of the covered loss which exceeds the applicable waiting period. d. Exclusions 1. In addition to Section B. Exclu- sions, we will not pay for "loss" caused directly or indirectly by any of the following. Such "loss" is excluded regardless of any other cause or event that contri- butes concurrently or in any se- quence to the loss. (a) Fire, explosion (other than volcanic explosion), tidal wave, tsunami, flood, sur- face water, water which backs up through sewers or drains, water below the sur- face of the ground (including ORIGINAL COPY r t that. which' flows, leaks or seeps on or into Covered Property), mudslide or mud- flow, release of water im- pounded by a dam, even if attributable to an Earthquake or Volcanic Eruption. (b) Any Earthquake or Volcanic Eruption that begins before the inception of this insur- ance. (c) Earth movement other than Earthquake, such as landslide or earth sinking, rising or shifting. But if loss or dam- age by another Covered Cause of Loss results, we will pay for that resulting loss. (d) The cost to remove volcanic ash, dust or particulate mat- ter that does not cause di- rect physical loss to Cov- ered Property_ (e) The failure of power or oth- er utility service supplied to a covered location, however caused, if the failure occurs away from the covered lo- cations. G. DEFINITIONS "Completed Value" means the total value of all Covered Property (including buildings, fences, foundations, underground pipes, drains, paving and pilings that are a permanent part of the covered job) when the job will have been finished at the end of the construction period. The "Completed Value" includes labor, cost of materials and the contractors reasonable overhead and profit. "Completed Value" does not include: 1. the cost of land; nor 2. the cost of developing land to make it suitable for building (e_g., clearing, filling, grading). "Loss" means accidental loss or damage. CM 78 41 (Ed. 07/99) XS (Page 10 of 1 1) C * 11*11/19/02*IMP1754812-00 0381283 -., "Pollut1nt" m~ans an,! solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Sinkhole Collapse" means the sudden sinking or collapse of the land into underground empty space(s) created by action of water on limestone or similar rock formations. It does not include: CM 78 41 (Ed. 07/99) XS ORIGINAL COpy a. the value of land; b. the cost of filling sinkhole(s); c. indirect or consequential loss, the loss of use arising from sinkhole collapse; '. d. sinking of the land into man-made struc- tures. "Substantially Completed" means construction pro ject structure(s) is usable for its intended purpose. (Page 1 1 of 1 1) C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00 0381283 ORIGINAL COpy J LGREAT .~MER'-C~N INSURANCE COMPANIES Subsidi3ries of ~mE\risan,_Financial Corporation 580 WALNUT STREET, CINCINNATI, OHIO 45202 CM 78 79 (Ed. 10 92) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED T his a p p lie S to coverage for I n I and Mar i neB U I L 0 E R ' S RISK PLUS Name: AUGUSTA, GEORGI.A, APOLITICAL SUBDIVISION OF THE STATE OF GA Address: 530 GREENE ST AUGUSTA GA 309 1 1 Attention: Applies to any Covered Property in which the above Additional Insured has an interest. ADDITIONAL INSURED For Covered Property in which both you and an Additional Insured shown a b 0 v e h a v e ani n sur a b lei n t ere s t, we wi I I : 1. adjust- losses with you; and 2. pay any claim for loss or damage jointly to you and the Additional Ins u red, as i Ii t ere s t ma yap pea r . Other Terms Remain The Same CM 78 79 (E d. 1 0 / 92) PRO (Page 1 of 1) c * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00 0381283 ORIGINAL COPY Jl t GREAT AMERICAN INSURANCE COMPANIES Subsidiaries of American Financial Corporation 580 WALNUT STREET, CINCINNATI, OHIO 45202 r _ : .CM ,8~ 02 fEd . 11 85) BUSINESSPRO GENERAL ENDORSEMENT NONRENEWAL NOTICE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DUE TO THE UNIQUE RISK INSURED AND LIMITED TERM OF THE COVERAGE PROV I DED UNDER TH I S POL ICY, I TIS AGREED THAT TH I S POL ICY EXP I RES ON THE DATE SPECIFIED. A NONRENEWAL NOTICE WILL NOT BE SENT TO YOU. ANY REQUESTS TO EXTEND THE POLICY PERIOD MUST BE MADE IN WRITING PRIOR TO THE EXPIRATION DATE, HOWEVER, THE COMPANY HAS NO OBLIGATION TO EXTEND THE POLICY PERIOD, OTHER TERMS REMAIN THE SAME. BUSINESSPRO (Reg. U.S. Pat: Off.) f"~~ 0 0 " ') I c ..l 1 1 J 0 c: \ DO f"\ I 0 _ ~ _ ,1 ~ ~ 1 \ .; ~ .:~ , ~ 1heaillul \ \ ST. PAOL FIRE & MARINE INSORANCE COMPANY St. Paul, Minnesota ST. PAOL MERCORY INSORANCE COMPANY St. Paul, Minnesota ST. PAOL GOARDIAN INSORANCIE COMPANY St. Paul, Minnesota A Capital Stock Company PERFORMANCE BOND Bond No. 400SW3853 AlA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACI'OR (Name and Address): R. D. Brown Contractors, Inc. Post Office Box 6535, N. Augusta, SC OWNER (Name and Address): SURETY (Name and Principal Place of Business): St. Paul Fire & Marine Insurance Co. 385 Washington Street, St. Paul, MN Augusta, Georgia, a political subdivision of the State of Georgia 530 Greene Street, Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): October 24, 2002 $1,411,886.00 Fire Station #1 Broad Street, Augusta, Georgia BOND Date (Not earlier than Construction Contract Date): Amount: $1,411,886.00 Modifications to this Bond: ,....... ..... . -;,/;;.\_>_v~_, "u . ~'::r..;.t' _.p.""~..,.-.. LC0NT&\CfOR AS PRINCIPAL ~~~.~, . . ::C9mpany: - ~ (Corp i0.~:.. 9~ _-~r~wn, 9?ntrac,_ t , nc ~. ..~ .; .,j.~. .. Slgriatlrre:,. ,,- - - '" .. '" - Nariie;~rl.d Titie:.R;'D. Brown, President November 1, 2002 ,0 None o See Page 3 Signature: Name and Title: ,~ SURETY Company: St. Paul (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Nome, Address and Telephone) AGENT or BROKER: Roy Scarborough & Associates, Inc. Post Office Box 10106 Augusta, GA 30903-2706 706-722-8338 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Virgo Gambill Architects 2531 Center West Parkway, Suite 200 Augusta, Georgia 30909 AlA I)()CUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND. APPROVED BY AlA DECEMBER 1984 A312 1 7661 Ed. 8.87 Printed In U.S.A. /'" ;~ ~ 1he~ul ST. PAUL FIRE & MARINE INSURANCE COMPANY St. Paul, Minnesota ST. PAUL MERCURY INSURANCE COMPANY St. Paul, Minnesota ST. PAUL GUARDIAN INSURA"CE COMPANY St. Paul, Minnesota A Capital Stock Company ~AYMENT BOND AlA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Bond No. 400SW18 S 1 CONTRACTOR (Name and Address): R. D. Brown Contractors, Inc. Post Office Box 6535, N. Augusta, SC OWNER (Name and Address): SURETY (Name and Principal Place of Business): St. Paul Fire & Marine Insurance Company 385 Washington Street, St. Paul, MN Augusta, Georgia, a political subdivision of the State of Georgia 530 Greene Street, Augusta, GA 30911 CONSTRUcrlON CONTRAcr Date: Oc tober 24, 2002 Amount: $1,411 , 886 .00 Description (Name and Location): Fire Station #1 Broad Street, Augusta, Georgia BOND Date (Not earlier than Construction Contract Date): November 1, 2002 Amount: $1,411 , 886.00 '. '. Modifications tq-this Bond: p None .... '.... .~ ~. ..--::",..' ....-~~._- ;....:.~ :,....-~~ --- / "..:...~'.:o .......... T _ . CON:r.RACTOR AS PRINCIPAL ..... - ,... '''' Company: ___ R~'--:D. '-Brown Con trac tor '~,..r.. ~ . _ _. Signature::-:.". , ' ~ Nameaid.Titie: 'R.p-. Brown Contractors, Inc. OSee Page 6 SURETY Company: St. Paul ,,/ (Any additionaJ signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: Roy Scarborough & Associates, Inc. Post Office Box 10106 Augusta, GA 30903-2706 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Virgo Gambill Architects 2531 Center West Parkway, Suite 200 Augusta, Georgia 30909 706-722-8338 AlA DOCUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND. APPROVED BY AlA DECEMBER 1984 A312 4 7661 Ed. 8-87 Printed In U.S.A. .. -, The St Pdul POWER OF ATTORNEY Seaboard Surety Cumpany SI. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company SI. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelit)' and Guaranty Insurance Company Fidelit)' and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 21010 Certificate No. 948920 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized undcr the laws of the State of Ncw York, and that SI. Paul Firc and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organizcd under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hcreby make, constitute and appoint Roy Scarborough, Jr., Eugene A. Cronic and Alicia 1. Rhoades Augusta Georgia of thc City of , Statc , thcir true and lawful AlIorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surcty to, and to exccute, seal and acknowledge any and all bonds, undertakings, contracts and other written instrumcnts in the naturc thereof on behalf of the Companies in their busincss of guarantccing the fidelity of persons, guaranteeing the perfonnance of contracts and exccuting or guarantccing bonds and undertakings rq:jLtirc(i or rennitted in any actions or procecdings allowed by law. ~ """Y ~.Y~' ~~ IN WITNESS WHEREOF. the Companies havc caused this instrumenn~'igned~~>sealcd~;<isP 1st day of December . 1999 ~~~' J~~r\\~~ ,. ~\) -- Seaboard Surety Company '\\ G ~\\: \S \}. "" ~Un'ited States Fidelity and Guaranty Company SI. Paul Fire and Marine In~ran'~.Compan\ ~<\~~) Fidelit)' and GuaranI)' Insurance Company SI. Paul Guardian InsuranCiJj}.C~pany~~),r ~" ~ ~ \> ~ Fidelity and Guaranly Insurance Underwriters, Inc. ".,"IM,re",YI"'"'~~~:~l~~F OL. ~ ~ ~'e~~ (r ",,,.$ ''''' ~ ~ ~erl~ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE. Assistant Secretary On this 1st day of December 1999 . before me, the undersigned officer. personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowlcdgcd themselves to bc the Vice President and Assistant Sccretary, respectivcly, of Seaboard Surcty Company, SI. Paul Fire and Marinc Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such. being authorized so to do, executed thc forcgoing instrument for tbe purposes therein contained by signing the names of thc corporations by themselves as duly authorized officers. My Commission expircs thc 13th day of July, 2002. ~t~.~ In Witness Whereof, I hereunto set my hand and official seal. REBECCA EASLEY-ONOKALA. Notary Public " ,< - '- ~ ....--,:..- :--/ 86203 Rev. 7-2000 Printed in U.S.A. :. ," This Power of Attorn~y is grant~d und~r and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, SI. Paul Fire and I\'larinc 1nsurancc Company. SI. Paul Guardian Insurance Company. SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurancc Company, and Fidelity and Guaranty Insurance Und~rwriters, Ine. on September 2. 1995. which resolutions are now in full force and effect. reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings. contracts and other instruments relating to said business may be sign~d. executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such oftlcers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the s~al of th~ Company may be aftlxed by facsimile to any Power of Attorney or to any ~ertificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and subject to any limitations set forth therein, any such Power of Attorney or ccrtificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company. and any such power so exe- cuted and cel1ilied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached: and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any ~ase, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Faet shall be as binding upon the Company as if signed by an Executive Officer and scaled and attested to by the Secretary of the Company. I. Thomas E. Huibregtse. Assistant Secretary of Seaboard Surety Company. 51. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company, 51. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters. Ine. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executcd by said Companies, which is in full force and effect and has not been revokcd. IN TESTIMONY WHEREOF, I hereunto set my hand this ~t,_ day of NovpmhPr , 2007 ~;~~\ ~~.~~.;~! ~erl~ Thomas E. Huibrcglse. A:\~islant Secretary Please reJer to the Power oj A.ttomey 11lI11lber,