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HomeMy WebLinkAboutBEN HILL ROOFING AND SIDING CO JULIAN SMITH CASINO ROOF REPLACEMENT FOR AUGUSTA RECREATION DEPT sm Document Trams ument MO5TM 2007 • Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project • • AtREEMENT made as of the 31st • day of r e in the year 2010 • (in words, indicate day, month and year) This document has important leg BETWEEN the Owner. consequences. Consultation wilts (Name, address and other information) an attorney is encouraged with respect to its completion or 6 � CIt modification. 1 xm 105, Accartipg DararbTent State or focal taw may impose ( t y-G moil Mtxncipal Building (11) home requirements m nt s.ra this for 30911 -3999 dome improvements. ft this wilt ttl be used for Work on the Owner's residence, the Owner should consult local authorities or an attorney to verity and the Contractor: requirements applicable to this (Name, address and other information) Agreement. & Hill Roofing and Siding cb., Itt. 6811 Vest Band;ead Hitgtmay Dzuglasy; l le, Ceorgia 30134 for the following Project: (Name, location and detailed description) RR) 11). 10- 194 - Julian Stith Casino Roof far Augusta. Recreaticn & Parks 2200 End Street , cgia The Architect: (Name, address and other information) Davis • Design -i t p with Diddrrs n Architects, P.C. 120 Fifth Street Amnia, GA 30901 The Owner and Contractor agree as follows. Init. Document A103 2007 (tormeriy A105Th -1993 and A205 - 1993). Copyright ®1993 and 2007 by The American Instituted Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and inter notional Treaties. Unauthorized reproduction or distribution ot this Ale Document, crany portion of 11, may result In severe c and criminal penalties,. and wilt be prosecuted to the maximum i extent possible under the law. Purchasers are permitted to reproduce ten (10) copies 01 this document when completed. To report copyright violations of • AIA Contract Documents, e-mail The American Institute of Architects' legal counsel,copyright @ala.org. i TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE 3 CONTRACT SUM 4 PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS • 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK • 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY • 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS § 1.1 The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 the drawings and specifications prepared by the Architect, dated 9/24/2010 , and enumerated as follows: . Drawings: N/A Specifications: Fan Bid DccurEnts dated 9/24/2010 .3 addenda prepared by the Architect as follows: t , Palmitin #1 Bated 11/1/2010 AIA Document A105 2007 (formerly A105Tfr —1993 and A205Tu — 1993). Copyright ®1993 and 2007 by The American Institute of Architects. All Init. rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may remit In some civil and criininal penalties, and will be prosecuted to the maximum 2. extent possible tinder the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. • .4 written orders for changes in the Work issued after execution of this Agreement; and .5 other documents, ifany, identified as follows: ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The number of calendar days available to the Contractor to substantially complete the Work is the. Contract Time. The date of commencement of the Work shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work, no later than90 ,ys 1r:1:3otie ( ) calendar days front the date of commencement, subject to adjustment as provided in Article 10 and Article 11. (Insert the date c ;f commencement, if it differs from the date of this Agreement.) 90 days per the Notice to Prco ed • ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions in accordance with Article 10, the Contract. Sum is: Nin Three end Fire Htrtdred Dollars and No (trts ($93,500.00) § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: (Itemize the Contract Sun: among the major portions of the 14'or /c.) Portion of Work 'Value Ioof Replaoerrent $93,500.00 Plus anys (if any) ( _ § 3.3 Unit prices, if any, are as follows: (Identify and stale the unit price; stale the quantity limitations, if any, to which the unit price twill be applicable.) Item Units and Limitations Price per Unit Decking >r Square Foot $6.50 2 x 6 Rafters ltr linear Foot $4.50 2 x 8 Rafters Itr Linear Fb�ot $5.00 § 3.4 Al inc ude/ ut t .te Contract Sum, �T a y as i ws: $5.50 (identify allowance and state exclusions, if anal, from the allowance price.) Item Price As per Rid Speeificatians dated 9/24/10, Ocntingerry AlloAarre: Itrlutd is the stipulated sun/price of $5,000.00 for use lizcn (rer's it ice or return if rrrt used by Charm Order fcr a credit a iru t. (Sectim 01 2100 PI1C AN:ES) §3.571m Contact Sum is based upon the following alternates, if any, which are described in the Contract Documents • and hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner t0 accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other ahernates showing the amount for each and the date when that amount expires.) N/A Init. AIA Document A105TM - 2007 (formerly Al05T'^ -1993 and A205W - 1993). Copyright ®1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or arty portion of ft, may result in severe civil and criminal penalties, and will be proseouted to the maximum extent possible under rho taw. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violation of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @ala.org. § 3.6 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE4 PAYMENT § 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows: (Insert belong tinting for payments and provisions for withholding retainage, if antv.) Pay its Will T be sitmitted for Progress cn Ca before lie 25th of each rtu ll i and in acccrdarre with Past Procedures included in this Agreenerit and in the bid specifications dated 9/24/10 with a 10% retair>Gr withheld until catpletifn of the ptroject and Grater apral. § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from die date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project. As stated herein. ARTICLE 5 INSURANCE § 5.1 The Contractor shall provide Contr'actor's general liability and other insurance as follows: ousel specific insurance requirements and limits.) l As per Plgreatt t and bid speci.ficaticns dated 9 /24/10. • § 5,2 The Owner shall provide property insurance to cover the value of the Owner's property, including any Work provided under this Agreement. The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner's property insurance. § 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Section 8.12. § 5.4 Each party shall provide certificates of insurance Showing their respective coverages prior to commencement of the Work. § 5.5 Unless specifically precluded by the Owner's property insurance policy, the Owner and Contractor waive all rights against (I) each other and any of their subcontractors, suppliers, agents and employees, each of the other; and (2) the Architect, Architect's consultants and any of their agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the Work. ARTICLE 6 GENERAL PROVISIONS § 6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10. Init. AIA Document A105' (formerly A105*M —1993 and A205 *M — 1993). Copyright ® 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Lae? and International Treaties. unauthorized reproduction or 4 distribution wilds AIA" Document or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce len (10) copies of this document when compteled. To report copyright violations of AIA Contract Documents. e-mail The American Institute of Architects' legal counsel, copyright@ale.org.. • • §6.2THEWORK The term "'Work" means the construction and services required by the Contract Documents, and includes all other Tabor, materials, equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations. § 6.3 INTENT The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The. Contract Documents are complementary, and what is required by one shall be as binding as if required by all. § 6.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. The Contractor, subcontractors, sub - subcontractors, and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. ARTICLE 7 OWNER § 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site. § 7.1.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments and charges. § 7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is trade. § 7.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a 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, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. § 7:4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 7.4.1 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 portions of the Project. § 7,4.2 The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. § 7.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 8 CONTRACTOR § 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract. Documents. § 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall. (l.) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the Architect. l AIA Document Al05T^r -2007 (formerly A105TU —1993 and A205 Copyright @ 1993 and 2007 by The American Institute of Architects. All Init. rights reserved, WARNING: This AIA`Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civic and criminal penalties, and win be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mat The American Institute of Architects' legal counsel,.copyright @ala.org. § 8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. § 8,3 SUPERVISION AND CONSTRUCTION PROCEDURES § 8.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. § 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through • the Architect the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. § 8.4 LABOR AND MATERIALS § 8.41 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. § 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons canying out the Contract Work. The Connector shall not permit employment of unfit persons or persons not skilled in tasks assigned to then. § 8.5 WARRANTY The Contractor warrants to the Owner and Architect that: (I) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the'quality required or permitted: and (3) the Work will conform to the requirements of the Contract Documents. § 8.6TAXES The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. • § 8.7 PERMITS, FEES AND NOTICES § 8.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. § 8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such govennnental laws, rules and regulations. . § 8.8 SUBMITTALS The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings, Product Data, Satnples and similar submittals required by the Contact Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 8.9 USE OF SiTE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner. § 8,10 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete. the Work or to make its parts fit together properly. § 8.11 CLEANING UP 'Fite Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work.'At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste materials. . AIA Document A105T — 2007.(formerly A105'rm —1993 and A205rU — 1993). Copyright ®1993 and 2007 by The American Institute of Architects. Alt • Init. rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or • distribution of thls Ale Document, or any portion of it, may result in Savers- civil and criminal penalties, and will be prosecuted to the maximum; 6 extant possible under the Purchasers are permitted to reproduce ten (10) copies of this documentwhen completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrighl@aia.org. § 8.12 INDEMNIFICATION To the fullest extent pertnitl:ed by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of then from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work. provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury • to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, Toss or expense is caused in part by a party indemnified hereunder. ARTICLE 9 ARCHITECT • § 9,1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 9,2 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 Work. § 9.3 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 Work, since these are solely the Contractor's responsibility. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contact Documents. § 9,4 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. § 9,5 The Architect has authority to reject Work that does not conform to the Contract Documents. l § 9.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 9.7 The Architect will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request from either the Owner or Contractor. § 9.8 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 forth 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 rendered in good faith. § 9.9 The Architect's duties, responsibilities and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing: If the Owner and Contractor can not agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. § 10.2 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Sum - or the Contract Time and not inconsistent with the intent of the Contract Documents. Such orders shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall carry out such orders promptly. § 10.3 1f concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment.. • Init AIA Do0Ument A105TU — 2007 (formerly A105TU —1993 and A205Tµ — 1993). Copyright ®1993 and 2007 by The American Institute of ArChilects. All. rights reserved. WARNING: This Ale Document is protected by 1143. Copyright Lnw and International Treaties. Unauthorized reproduction or . distribution of this AIA'` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum 7 extent possible Under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of • AIA .Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. • • ARTICLE 11 TIME § 11.1 Time limits stated in the Contract Documents are of the essence of the Contract. § 11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contr'actor's control, the Contract Time shall be subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION • § 12.1 CONTRACT SUM The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 12.2 APPLICATIONS FOR PAYMENT § 12.2.1 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 Work completed in accordance with the values stated in the Agreement. Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. § 12.2,2 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 other encumbrances adverse to the Owner's interests. § 12.3 CERTIFICATES FOR PAYMENT The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the 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. § 12.4 PROGRESS PAYMENTS § 12.4.1 After the Architect has issued a Certificate for Payment, the Owner shall niake payment in the manner provided in the Contract Documents. § 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. § 12.4.4 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 requirements of the Contract Documents.. § 12.5 SUBSTANTIAL COMPLETION § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 12.5.2 When the.Work or designated portion thereof is substantially complete, the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish the responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion, Init AIA Document A105TM — 2007 (formerly A105TM —1993 and A205TU — 1993). Copyright ®1993 and 2007 by The American institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 8 • distribution of this AIA or any portion of R. may result In severe civil and criminal penalties, and will be prosecuted to tie maximum. extent possible under the taw. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @afa.org. § 12.6 FINAL COMPLETION AND FINAL PAYMENT § 12,6.1 Upon receipt of a final Application for Payment, the Architect will inspect he Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers Of liens, and data establishing payment. or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Contract. • § 12.6.3 Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury or loss to employees on the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. ARTICLE 14 CORRECTION OF WORK § 14.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering, replacement and additional testing. § 14.2 In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of one year after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. § 14.3 If the Contactor fails to correct. nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. § 15.2 TESTS AND INSPECTIONS § 15.2.1 At the appropriate times, the Contractor shall arrange and bear cost of tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. y § 15.2.2 If the Architect requires additional testing, the Contractor shall perform those tests. § 15.2.3 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed. • § 15.3 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 12.3 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 12.4.1 for a period of 30 days, the Contractor nay, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit., and costs incurred by reason of such termination. Init. ALA Document A105T^r — 2007 (formerly Ai05TM —1983 and A206Tr +- 1993). Copyright @ 1993 and 2007 by The American Institute of Architects. Alt tights reserved. WARNING: This AIA Document is protected by U.$. Copyright Law and International Treaties. Unauthorized reproduction or 13 distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will he prosecuted to the maximum . extent possible under the law. Purchasers are permitted to reproduce len (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel. copyright @aia.org. • § 16.2 TERMINATION BY THE OWNER FOR CAUSE § 16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to Make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction: or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. § 16.2.2 When any of the above reasons exist the Owner, after consultation with the Architect, 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, terminate employment of the Contractor and may .1 take possession of the site and of all materials thereon owned by the Contractor, and .2 finish the Work by whatever reasonable method the Owner may deem expedient. § 16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 16,2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 16.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the Contractor. if such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. § 16.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contact for the Owner's convenience and without cause. The Contactor shall be entitled to receive paymem for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS E (Insert (try other terms or conditions befoul.) J tnit. AM Document A105Tta - 2007 (formerly A1OP' -1993 and A205TU - 1993). Copyright ®1993 and 2007 by The American Institute of Architects. An rights reserved. WARNING; This Awe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or (O distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this apemen! when completed. To report copyright violations of AIA Contract Documents, email The American. Institute of Architects' legal counsel, copyright@aia.org. .- 1 This Agreement entered into as oldie day and year first written above.. 1 (lf required by late, insert cancellation period, disclosures or other warning statements above the signatures.) OWNia ii CQiW1 itAC1'0'�: "c Hill '.r.) ' .. • siding cb•r Imo. li d), (Signature) (Signal' e) Q v 03/IA De K€ Co d _ ms s. , Void (Printed 11 anze, title an a ddress) (Printed name, tide and address) . I / 4 b _ _ 6811 W. Panic d Hic�atay , 1 ' IrePPle :ci tee t Dzuglasville, Gsargia. 30134 , . , , 1 ... .1,../, a l '- LICENSE NO. RE J33002980 ( i la's �`,� ,f rapO , i - ) ' 11 I 1 ' °i III ' '''i ' /A i i ' ''''l (Printed n , t r$tle 'address) ? . JURISDICTION Gaarda ir ® � D 1ST. ^ i N .?. J ■ A , 6Q 1996 ' �' ,' ,-0 � �44� ' ORG E • CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. (nit. AiA Document A105T — 2007 (formerly A105m —1993 and A205TM — 1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright law and International Treaties, Unauthorized reproduction or 11 distribution of this AIA`'Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum t extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American instituteol Architects' legal counsel, copyright ®aia.org. THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number 0150585 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Ben Hill Roofing and Siding Co., Inc. Berkley Regional Insurance Company 6811 West Bankhead Highway 412 Mt. Kemble Ave., Suite 310N Douglasville, GA 30134 Morristown, NJ 07960 OWNER (Name and Address): Augusta- Richmond County, Georgia Room 105, Purchasing Department, City - Council Municipal Building (11) Augusta, Georgia 30911 -3999 CONSTRUCTION CONTRACT Date: December 15, 2010 Amount: $93,500.00 Description (Name and Location): Bid Item # 10 -194, Julian Smith Casino Roof Replacement for Recreation & Parks Department, Purchase Order No. P189118 BOND Date (Not earlier than Construction Contract Date): December 30, 2010 Amount: $93,500.00 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Ben Hill Roofing and Siding Co., Inc. Berkley Regional Insurance Company 4111, Signature: _, Al / 7/ Signature: Name and Title: David L. Welch, President Name clod Title : rgaret eyers t� , A ' orney -in -fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Graham - Naylor Agency, Inc. 1355 Terrell Mill Rd., Bldg. 1464 Marietta, GA 30067 (770) 952 -1096 AIA DOCUMENT A312 *PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 20006 A312.1984 1 THIRD PRINTING • MARCH 1987 7 1 The Contractor and the Surety, jointly and severally, bind .1 After investigation, determine the amount for themselves, their heirs, executors, administrators, successors and which it may be liable to the Owner and, as soon assigns to the Owner for the performance of the Construction as practicable after the amount is determined, Contract, which is incorporated herein by reference. tender payment therefor to the Owner, or 2 If the Contractor performs the Construction Contract, the Surety .2 Deny liability in whole or in part and notify the and the Contractor shall have no obligation under this Bond, except Owner citing reason therefor. to participate in conferences as provided in Subparagraph 3.1. 5 If the Surety does not proceed as provided in Paragraph 4 3 If there is no Owner Default, the Surety's obligation under this with reasonable promptness, the Surety shall be deemed to be in Bond shall arise after: default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety 3.1 The Owner has notified the Contractor and the Surety at perform its obligations under this Bond, and the Owner shall be its address described in Paragraph 10 below that the Owner entitled to enforce any remedy available to the Owner. If the Surety is considering declaring a Contractor Default and has proceeds as provided in Subparagraph 4.4, and the Owner refuses requested and attempted to arrange a conference with the the payment tendered or the Surety has denied liability, in whole or in Contractor and the Surety to be held not later than fifteen part, without further notice the Owner shall be entitled to enforce any days after receipt of such notice to discuss methods of remedy available to the Owner. performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be 6 After the Owner has terminated the Contractor's right to allowed a reasonable time to perform the Construction complete the Construction Contract, and if the Surety elects to act Contract, but such an agreement shall not waive the under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Owner's right, if any, subsequently to declare a Contractor the Surety to the Owner shall not be greater than those of the Owner Default; and under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the 3.2 The Owner has declared a Contractor Default and Contract Price to mitigation of costs and damages on the formally terminated the Contractor's right to complete the Construction Contract, the Surety is obligated without duplication for: contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety 6.1 The responsibilities of the Contractor for correction of have received notice as provided in Subparagraph 3.1; and defective work and completion of the Construction Contract; 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of 6.2 Additional legal, design professional and delay costs the Construction Contract or to a contractor selected to resulting from the Contractor's Default, and resulting from perform the Construction Contract in accordance with the the actions or failure to act of the Surety under Paragraph 4; terms of the contract with the Owner. and 4 When the Owner has satisfied the conditions of Paragraph 3, 6.3 Liquidated damages, or if no liquidated damages are the Surety shall promptly and at the Surety's expense take one of the specified in the Construction Contract, actual damages following actions: caused by delayed performance or non - performance of the Contractor. 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 4.2 Undertake to perform and complete the Construction Contract, and the Balance of the Contract Price shall not be Contract itself, through its agents or through independent reduced or set off on account of any such unrelated obligations. No contractors; or right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, 8 The Surety hereby waives notice of any change, including arrange for a contract to be prepared for execution by the changes of time, to the Construction Contract, or to related Owner and the contractor selected with the Owner's subcontracts, purchase orders and other obligations. concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent 9 Any proceeding, legal or equitable, under this Bond may be to the bonds issued on the Construction Contract, and pay instituted in any court of competent jurisdiction in the location in to the Owner the amount of damages as described in which the work or part of the work is located and shall be instituted Paragraph 6 in excess of the Balance of the Contract Price within two years after Contractor Default or within two years after the incurred by the Owner resulting from the Contractor's Contractor ceased working or within two years after the Surety default; or refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions off this Paragraph are void or prohibited 4.4 Waive its right to perform and complete, arrange for by law, the minimum period of limitation available to sureties as a completion, or obtain a new contractor and with defense in the jurisdiction of the suit shall be applicable. reasonable promptness under the circumstances: AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AEA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 20006 A312•1984 2 THIRD PRINTING • MARCH 1987 1 10 Notice to the Surety, the Owner or the Contractor shall be received or to be received by the Owner in settlement of mailed or delivered to the address shown on the signature page. insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper 11 When this Bond has been furnished to comply with a payments made to or on behalf of the Contractor under the statutory or other legal requirement in the location where the Construction Contract. construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed 12.2 Construction Contract: The agreement between the deleted herefrom and provisions conforming to such statutory or Owner and the Contractor identified on the signature page, other legal requirement shall be deemed incorporated herein. The including all Contract Documents and changes thereto. intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or 12 DEFINITIONS otherwise to comply with the terms of the Construction Contract. 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the 12.4 Owner Default: Failure of the Owner, which has Construction Contract after all proper adjustments have neither been remedied nor waived, to pay the Contractor been made, including allowance to the Contractor of any as required by the Construction Contract or to perform and amounts complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 20006 A312.1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Ben Hill Roofing and Siding Co., Inc. Berkley Regional Insurance Company 6811 West Bankhead Highway 412 Mt. Kemble Ave., Suite 310N Douglasville, GA 30134 Morristown, NJ 07960 OWNER (Name and Address): Augusta- Richmond County, Georgia Room 105, Purchasing Department, City - Council Municipal Building (11) Augusta, Georgia 30911 -3999 CONSTRUCTION CONTRACT Date: December 15, 2010 Amount: $93,500.00 Description (Name and Location): Bid Item # 10 -194, Julian Smith Casino Roof Replacement for Recreation & Parks Department, Purchase Order No. P189118 BOND Date (Not earlier than Construction Contract Date): December 30, 2010 Amount: $93,500.00 Modifications to this Bond: ❑ None ® See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal)' Ben Hill Roofing and Siding Co., Inc. Berkley Regional Insurance Company Signature: /I (I_ , `Ara ! �' __ Signatur • ./ i _,4■'L ���'A_ s. As Name and Title: David L. y -, p Name and le: r are Mey Atto ney -in -fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Graham - Naylor Agency, Inc. 1355 Terrell Mill Rd., Bldg. 1464 Marietta, GA 30067 (770) 952 -1 096 AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 20006 A312.1984 4 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind 6 When the Claimant has satisfied the conditions of themselves, their heirs, executors, administrators, successors and Paragraph 4, the Surety shall promptly and at the Surety's expense assigns to the Owner to pay for labor, materials and equipment take the following actions: furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating 2 With respect to the Owner, this obligation shall be null and the amounts that are undisputed and the basis for void if the Contractor: challenging any amounts that are disputed. 2.1 Promptly makes payment, directly or indirectly, for 6.2 Pay or arrange for payment of any undisputed all sums due Claimants, and amounts. 2.2 Defends, indemnifies and holds harmless the 7 The Surety's total obligation shall not exceed the amount of Owner from claims, demands, liens or suits by any person or this Bond, and the amount of this Bond shall be credited for any entity whose claim, demand, lien or suit is for the payment payments made in good faith by the Surety. for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the 8 Amounts owed by the Owner to the Contractor under the Owner has promptly notified the Contractor and the Construction Contract shall be used for the performance of the Surety(at the address described in Paragraph 12) of any Construction Contract and to satisfy claims, if any, under any claims, demands, liens or suits and tendered defense of Construction Performance Bond. By the Contractor furnishing and the such claims, demands, liens or suits to the Contractor and Owner accepting this Bond, they agree that all funds earned by the the Surety, and provided there is no Owner Default. Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety 3 With respect to Claimants, this obligation shall be null and under this Bond, subject to the Owner's priority to use the funds for the void if the Contractor promptly makes payment, directly or indirectly, completion of the work. for all sums due. 9 The Surety shall not be liable to the Owner, Claimants or 4 The Surety shall have no obligation to Claimants under this others for obligations of the Contractor that are unrelated to the Bond until: Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under the Bond, and shall 4.1 Claimants who are employed by or have a direct have under this Bond no obligations to make payments to, give contract with the Contractor have given notice to the Surety notices on behalf of, or otherwise have obligations to Claimants (at the address described in Paragraph 12) and sent a copy, under this Bond. or notice thereof, to the Owner, stating that a claims is being made under this Bond and, with substantial 10 The Surety hereby waives notice of any change, including accuracy, the amount of the claim. changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 4.2 Claimants who do not have a direct contract with the Contractor: 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the .1 Have furnished written notice to the Contractor location in which the work or part of the work is located or after the and sent a copy, or notice thereof, to the expiration of one year from the date (1) on which the Claimant gave Owner, within 90 days after having last the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on performed labor or last furnished materials or which the last labor or service was performed by anyone or the last equipment included in the claim stating with materials or equipment were furnished by anyone under the substantial accuracy, the amount of the claim Construction Contract, whichever of (1) or (2) first occurs. If the and the name of the party to whom the provisions of this Paragraph are void or prohibited by law, the materials were furnished or supplied or for minimum period of limitation available to sureties as a defense in the whom the labor was done or performed; and jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in 12 Notice to the Surety, the Owner or the Contractor shall be part from the Contractor, or no received within mailed or delivered to the address shown on the signature page. 30 days of furnishing the above notice any Actual receipt of notice by Surety, the Owner or the Contractor, communication from the Contractor by which however accomplished, shall be sufficient compliance as of the date the Contractor has indicated the claim will be received at the address shown on the signature page. paid directly or indirectly, and 13 When this Bond has been furnished to comply with a .3 Not having been paid within the above 30 statutory or other legal requirement in the location where the days, have sent a written notice to the Surety construction was to be performed, any provision in this he Bond (at the address described in Paragraph 12) and conflicting with said statutory or legal requirement shall be deemed sent a copy, or notice thereof, to the Owner, deleted herefrom and provisions conforming to such statutory or stating that a claim is being made under this other legal requirements shall be deemed incorporated herein. The Bond and enclosing a copy of the previous intent is that this Bond shall be construed as a statutory bond and not written notice furnished to the Contractor. as a common law bond. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 20006 A312.1984 5 THIRD PRINTING • MARCH 1987 Y h 14 Upon request by any person or entity appearing to be a engineering services required for performance of the work potential beneficiary of this Bond, the Contractor shall promptly of the Contractor and the Contractor's subcontractors, furnish a copy of this Bond or shall permit a copy to be made. and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or 15 DEFINITIONS equipment were furnished. 15.1 Claimant: An individual or entity having a direct 15.2 Construction Contract: The agreement between contract with the Contractor or with a subcontractor of the Owner and the Contractor identified on the signature the Contractor to furnish labor, materials or equipment for page, including all Contract Documents and changes use in the performance of the Contract. The intent of this thereto. Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, 15.3 Owner Default: Failure of the Owner, which has power, light, heat, oil, gasoline, telephone service or rental neither been remedied nor waived, to pay the Contractor equipment used in as required by the Construction Contract or to perform the Construction Contract, architectural and and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 4 is amended to insert sub - paragraph 4.3 which states: 4.3 Claimant has furnished to Surety proof of claim duly sworn to by Claimant with adequate supporting documentation proving the amount claimed is due and payable. Paragraph 5 shall be amended to delete the word "or" and insert the word "and" in its place. Paragraph 6 and its sub paragraphs 6.1 and 6.2 shall be deleted in their entirety. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 20006 A312•1984 6 THIRD PRINTING • MARCH 1987 No. 198d POWER OF ATTORNEY r BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Richard W. Naylor, Margaret S. Meyers, W. Wesley Hamilton, Jr., Teresa A. Garren, F. Anderson Philips, Robert M. Seymour, John H. Earl or Lynda L. Bowling of Graham- Naylor Agency, Inc. of Marietta, GA • its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation • shall exceed Fifty Million and 00 /100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. • -c This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, t =; without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following E resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: W • t "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on c behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further :' .2 RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or f other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner F- : L, and to the extent therein stated; and further .- o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further ▪ RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other =,- suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though • manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or • persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be o - such at the time when such instruments shall be issued." -- - 7 IN WITNESS WHEREOF, the Company has caused �these � presents to be signed and attested by its appropriate officers and its (,1 corporate seal hereunto affixed this day of �� • , 2009. Attest: Berkley ''i al I L Company r (Seal) B y B Ira S. Lederman Robert P. Cole c:, ▪ 5 Senior Vice President & Secretary Senior Vice President 2 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE `BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) r ) ss: 1, COUNTY OF FAIRFIELD ) , Sworn to before me, a Notary Public in the State of Connecticut, this 1.0 day of , 2009, by Robert P. Cole and Ira ▪ S. Lederman who are sworn to me to be the Senior Vice President, and the Senio ice President and Secretary, respectively, of Berkley Regional Insurance Company. ,.' s EILEEN KILLEEN ; , NOTAlt - ?1,1114IC Notary Public State of Connecticut ! = MY COMMISSION EXPIRES JUNE 30, E012 ' CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the • foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this - Power of Attorney is attached, is in full force and effect as of th''s d t . j Given under my hand and seal of the Company, this `tea of '� '� (Seal) .r-c. Steven Coward u OP ID: AM A. c Q R Er CERTIFICATE OF LIABILITY INSURANCE I DATE 12 /30 D/YYYY) 12/30/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 770 - 952 -1096 CONTACT NAME: Graham - Naylor Agency, Inc. PHONE FAX 1355 Terrell Mill Rd Bldg 1464 (A/C. Lo. Ext): I INC. No): Marietta, GA 30067 ADDRESS: PRODUCER gENHI -2 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Ben Hill Roofing and Siding INSURER A:Grange Mutual Casualty Co. Co., Inc. INSURER B:Bridgefield Casualty Ins. Co. 6811 West Bankhead Hwy INSURER C: Douglasville, GA31034 INSURER D : INSURER E : INSURFR F • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR wvn POLICY NUMBER fMM /DnIYYYYI IMM /nn/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CPP2621581 05/01/10 05/01/11 PREMISES (Ea occu o nce) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Anyone person) $ 10,000 X XCU Included PERSONAL & ADV INJURY $ 1,000,000 X Contractual GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 n I 7 POLICY P jF° I LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO CPP262158101 05/01/10 05/01/11 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 5,000,000 A CUP262158201 05/01/10 05/01/11 DEDUCTIBLE _ $ X RETENTION $ 10,000 $ WORKERS COMPENSATION TATU- OTH- - AND EMPLOYERS' LIABILITY X TWCSORY LIMITS ER YIN B ANY PROPRIETOR/PARTNER/EXECUTIVE 019621336 06/14/10 06/14/11 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N f A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Bid Item #10 -194 Julian Smith Casino Roof Replacement for the City of Augusta- Recreation and Parks Department. Augusta- Richmond County Recreation & Parks Department is an Additional Insured as respects General Liability per forms DK1054 05 -2007 & CG2037 07/04. CERTIFICATE HOLDER CANCELLATION AUGUS -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Augusta Richmond County ACCORDANCE WITH THE POLICY PROVISIONS. Recreation & Parks Department 2027 Lumpkin Road AUTHORIZED REPRESENTATIVE Augusta, GA 30906 / Altan Webb 0 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Grange Mutual Casualty Company • P.O. Box 1218 Columbus, Ohio 4321 6 -1 21 8 I Endorsement IL 20 ( Policy Number: CPP 2621581 Contractors' Optimum Endorsement This Endorsement Changes The Policy. Please Read a. Accounts, bills, currency, deeds, food It Carefully. stamps or other evidences of debt, money, This endorsement modifies insurance provided under notes or securities, except as provided the following under Item 6. Additional Coverages h. Money & Securies in this endorsement. BUILDING AND PERSONAL PROPERTY Lottery tickets held for sale are not COVERAGE FORM securities; BUSINESS COMPUTER COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM II. The following amends specified provisions stated COMMERCIAL GENERAL LIABILITY under Section A. Coverage 4. Additional Coverages: COVERAGE FORM 1. Item a. Debris Removal (4) is increased from The following changes apply to the BUILDING AND $10,000 to $25,000. PERSONAL PROPERTY COVERAGE FORM. 2. Item b. Preservation of Property (2) is replaced L The following amends specified provisions stated with the following under Section A. Coverage: (2) Only if the loss or damage occurs within 90 1. Item 1. Covered Property a. Building (5) (b) is days after the property is first moved. replaced with the following. 3. Item c. Fire Department Service Charge is (b) Materials, equipment, supplies and replaced with the following temporary structures, on or within 1000 feet c. Fire Department Service Charge of the described premises, used for making additions, alterations or repairs to the When the fire department is called to save or building or structure. protect Covered Property from a Covered 2. The following is added under item a. Building Cause of Loss, we will pay up to $2,500 for your as Covered Pro a liability for fire department service charges: Prty: (6) Outdoor signs attached to buildings; (1) Assumed by contract or agreement prior to loss; or 3. The first paragraph of item 1. b. Your Business (2) Required by local ordinance. Personal Property is replaced with the following. No Deductible applies to this Additional Coverage. b. Your Business Personal located in or on the building described in the larations or This Additional Coverage applies to Covered in the open (or in a vehicle) within 1000 feet of Property at the premises described in the the described premises, consisting of the Declarations and to Covered Property at "job sites ". following unless otherwise specified in the 4. The last paragraph of Item d. Pollutant Clean Declarations or on the Your Business Personal Up And Removal is replaced with the Property - Separation of Coverage Form. following 4. Item 1. c. Personal Property Of Others (2) is The most we will pay under this 'Additional replaced with the following. Coverage for each described premises is $25,000 (2) Located in or on the building described in for the sum of all covered expenses arising out the Declarations or in the open (or in a of Covered Causes of Loss occurring during vehicle) within 1000 feet of the described each separate 12 month period of this policy. premises. This Additional Coverage applies at the 5. Item 2. Property Not Covered a. is replaced remises described in the Declarations and at with the following job sites ". 5. Item e. Increased Cost Of Construction is replaced in its entirety with the following: 0x1054 (0 continued... • Grange Mutual Casualty Company P.O.Box1218 Columbus, Ohio 43216 -1218 I Endorsement IL 20 I Policy Number: CPP 2621581 Contractors' Optimum Endorsement e. Ordinance Or Law (c) In the situation described in (1)(b)(ii) (1) The coverages provided by this above, we will not pay the full amount endorsement apply only if (1)(a) and (1)(b) of loss otherwise payable under the are satisfied and they are then subject to the terms of the coverages provided by qualifications set forth in (1)(c). this endorsement. Instead, we will pay a proportion of such loss; meaning the (a) The ordinance or law: proportion that the covered direct (1) Regulates the demolition, physical loss bears to the total direct construction or repair of buildings, physical damage. or establishes zoning or land use However, if the covered direct physical requirements at the described damage, alone, would have resulted in premises; and enforcement of the ordinance or law, then (ii) is in force at the time of loss. we will pay the full amount of loss otherwise payable under the terms of this But coverage under this endorsement endorsement. applies only in response to the minimum (2) We will not a under this endorsement requirements of the ordinance or law. for P Y Losses and costs incurred in complying with recommended actions or standards (a) Enforcement of any ordinance or law that exceed actual requirements are not which requires demolition, repair, covered. replacement, reconstruction, (b) (i) The building sustains direct remodeling or remediation of property physical damage that is covered due to contamination by "pollutants" under this policy and such damage or due to the presence of, growth, results in enforcement of the proliferation, spread or any activity of ordinance or law; or "fungus ", wet or dry rot or bacteria; or (ii)The building sustains both direct (b) The costs associated with the physical damage that is covered enforcement of any ordinance or law under this policy and direct which requires any insured or others physical damage that is not to test for, monitor, clean up, remove, covered under this and the contain treat, detoxify or neutralize, or ' in any way respond to, or assess the building damage in its entirety effects of ollutants" "fungus", wet or results in enforcement of the dry rot or bacteria. ordinance or law. (iii) But if the building sustains direct (3) Coverage physical damage that is not (a) With respect to the building that has covered under this policy, and such sustained covered direct physical damage is the subject of the damage, we will pay for loss in value ordinance or law, then there is no of the undamaged portion of the coverage under this endorsement building as a consequence of even if the building has also enforcement of an ordinance or law sustained covered direct physical that requires the demolition of damage. undamaged parts of the same building. DK1054 (05 -2007) page 2 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216 -1218 End orsement IL 20 I Policy Number: CPP 2621581 Contractors' Optimum Endorsement This Additional Coverage is included (2) When a building is damaged or within the Limit of Insurance shown in destroyed and e.(3.)(c) applies to that the Declarations as applicable to the building, coverage for the increased covered building. This does not increase cost of construction also applies to the Limit of Insurance. re or reconstruction of the (b) With respect to the building that has following subject to the same sustained covered direct physical conditions stated in e.(3)(c): damage, we will pay the cost to (1) The cost of excavations, grading, demolish and clear the site of backfiliing and filling; undamaged parts of the same building, (ii) Foundation of the building; as a consequence of enforcement of an ordinance or law that requires (iii)Pilings; and demolition of such undamaged (iv) Undergivund pipes, flues and p ro p ert y . drains. The most we will pay for loss or damage The items listed in (2)(1) through under this Additional Coverage, e.(3)(b) (2 ){iv} above are deleted from is $25,000 at each described premises. Property Not Covered, but only with This is additional insurance. respect to the coverage described in (c) (1) With respect to the building that has this provision (c)(2). sustained covered direct physical We will not pay for the increased damage, we will pay the increased cost of construction: cost to: (i) Repair or reconstruct damaged (i) Until the property is actually portions of that building; and /or repaired or replaced, at the same or another premises; and (11) Reconstruct or remodel (11) Unless repairs or replacement are undamaged portions of that made as soon as reasonably building, whether or not possible after the loss or damage, demolition is required; not to exceed two years. We may when the increased cost Is a extend this period in writing during consequence of enforcement of the the two years. minimum requirements of the The most we will pay for loss or damage ordinance or law. under this Additional Coverage, e.(3)(c) However: is $25,000 at each described premises. (i) This additional coverage applies This additional insurance. only if the restored, or remodeled (4) If the property is repaired or replaced at property is intended for similar the same premises or you elect to occupancy as the current property, rebuild at another premises, we will not unless such occupancy is not pay more than: permitted by zoning or land use (a) The amount you actually spend to ordinance or law. demolish and clear the site at the (ii) We will not pay for the increased described premises; and cost of construction if the building is not repaired, reconstructed or remodeled. 01C1054 (05-2007) pegs 3 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216 -1218 1 Endorsement IL 20 J Policy Number: CPP 2621581 Contractors' Optimum Endorsement (b) The increased cost to repair, rebuild This Additional Coverage applies to or construct the property at the same Covered Property at the premises described premises. in the Declarations and to Covered (5) If the ordinance or law requires Property at 'job sites ". relocation to another premises we will This is additional insurance. The not pay more than: Coinsurance Additional Condition and (a) The amount you actually spend to Deductible do not apply to these payments. demolish and clear the site at the g. Recharge Of Fire Protection Equipment described premises; and We will pay your cost to recharge or (b) The increased cost to rebuild or replace, whichever is less, your fire construct the property at the new extinguishers or automatic fire protection premises. equipment when they are discharged as a (6) Neither the Coinsurance Additional result of fighting a fire caused by a Covered Condition nor a deductible applies to Cause of Loss, on or within 1000 feet of the e.(3)(b) and e.(3)(c). described premises. (7) The terms of this Additional Coverage This Additional Coverage applies at the apply separately to each covered building. premises described in the Declarations and at "job sites ". (8) Under this Additional Coverage we will The most we will pay under this Additional not pay for costs due to an ordinance or law that: Coverage is $5,000. (a) You were required to comply with No Deductible applies to this Additional before the loss, even when the Coverage. building was damaged and h. Money And Securities (b) You failed to comply with. (1) We will pay for loss of "money" and (9) This Additional Coverage is not subject to "securities used in your business while at the terms of the Ordinance or Law a bank or savings institution, within your living quartets or the living quarters of Exclusion, or Valuation Conditions, to the your partners or any "employee" having extent that such exclusions or limitations would conflict with the provisions of this use and custody of the property, at the Additional Coverage, described premises, or in transit between any of these places resulting directly from: 6. The following Additional Coverages are (a) Theft, meaning an act of stealing; added: f. Arson Reward (b) Disappearance; or We will pay on behalf of the insured up to (c) Destruction $15,000 for information which leads to an (2) In addition to the Exclusions and arson conviction in connection with a fire Limitations applicable to property loss covered under this policy. Regardless coverage, we will not pay for loss: of the number of persons providing information, the most we will pay under (a) Resulting from accounting or this Additional Coverage is $15,000 for any arithmetical errors or omissions; one fire loss. (b) Due to the giving or surrendering of property in any exchange or purchase; or DK1054 (05 -2007) page 4 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6 -1 21 8 1 Endorsement IL 20 1 Policy Number: CPP 2621581 Contractors' Optimum Endorsement (c) Of property contained in any (1) Tokens, tickets, revenue and other money - operated device unless the stamps (whether represented by amount of "money" deposited in it is actual stamps or unused value in a recorded by a continuous recording meter) in current use; and instrument in the device. (ti) Evidences of debt issued in (3) The most we will pay for loss in any one connection with credit or charge occurrence is $10,000, or the lesser of: cards, which cards are not issued (a) What it would cost at the time of loss to by you; replace the property with other of like but does not include "money ". kind and quality; or (c) "Employee" means any natural person: (b) The actual cash value thereof at the (i) While in your service (and for 30 time of loss; provided however, days after termination of service); payment of the cost of replacing and "securities" may be determined by the market value at the time of loss. (11) Whom you compensate directly by (4) All loss: salary, wages or commissions; and (a) Caused by one or more persons; or (iii) Whom you have the right to direct and control while performing (b) Involving a single act or series of services for you; or related acts is considered one occurrence. (iv) Any natural person employed by an employment contractor while that (3) You must keep records of all "money" person is subject to your direction and "securities" so we can verify the and control and performing services amount of any loss or damage. for you excluding, however, any such person while having custody of (6) Definitions: property outside the described (a) "Money" means currency, coins, bank premises. notes in current use and having a face value, travelers checks, register But "employee" does not mean any: checks and money orders held for sale to the public. (1) Agent, broker, factor, commission (b) "Securities" means all negotiable and rnenchant, consignee, independent non - negotiable instruments or contractor or representative of the same contracts representing either "money" general character, or or other property and includes: DK1054 (05 -2007) page 5 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216 -1218 1 Endorsement IL 20 I Policy Number: CPP 2621581 Contractors' Optimum Endorsement (ii) Director or trustee except while (a) Bookkeeping, accounting or billing performing acts coming within errors or omissions; the scope of the usual duties of (b) Electrical or magnetic injury, an "employee ". disturbance or erasure of electronic 1. Accounts Receivable "Data" or "Media" records, except as a We will pay for expenses you incur due to result of direct physical loss caused by direct physical loss of or damage to your lightning; accounts receivable records caused by or (c) Alteration, falsification, concealment resulting from a Covered Cause of Loss at a or destruction of records of accounts location described in the Declarations. receivable done to conceal the (1) The expenses we will pay include: wrongful giving, taking or (a) Amounts due from your customers withholding of money, securities or that you are unable to collect other property; or because of direct physical loss of or (d) Unauthorized instructions to transfer damage to your accounts receivable property to any person or any place. records; (b) Interest charges on any loan required (3) We will not pay expenses for loss or to offset amounts you are unable to damage under this Additional Coverage collect because of direct physical loss for an audit of records or any inventory of or damage to your accounts computation to prove its factual receivable records, pending our existence. payment of these amounts; The most we will pay for direct physical (c) Collection expenses in excess of your loss of or damage to accounts receivable normal collection expenses that are records under this Additional Coverage is made necessary because of direct $25,000 at any one location described in the physical loss of or damage to your Declarations (or within 1000 feet of the accounts receivable records; and described premises), or $10,000 while these records are in transit, for any one (d) Other reasonable expenses that you occurrence during the policy period. incur to reestablish your records of accounts receivable. The following loss conditions apply in addition to the Common Policy Conditions (2) We will not pay expenses for loss or and the Commercial Property Conditions: damage under this Additional Coverage (1) If you cannot accurately establish the caused by or resulting from any of the amount of accounts receivable outstanding following: at the time of loss, the following method will be used: DK1054 (05.2007) page 6 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216 -1218 1 Endorsement IL 20 I Policy Number: CPP 2621581 Contractors' Optimum Endorsement (a) Determine the total of the average j. Claim Expense monthly amounts of accounts (1) In the event of covered loss or damage, receivable for the 12 months we will pay up to $10,000 as an immediately preceding the month in additional amount of insurance for all which the loss or damage occurred; reasonable expenses you incur at our and request to assist us in: (b) Adjust that total for any normal fluctuations in the amount of (a) The investigation of a claim or suit; or accounts receivable for the month in which the loss or damage occurred (b) The determination of the amount of or for any demonstrated variance loss, such as taking inventory. from the average for that month. (2) We will not pay for: (2) The following will be deducted from the total amount of accounts receivable, (a) Expenses to prove that the loss or regardless of how that amount is damage is covered; established: (b) Expenses incurred under Section E. Loss (a) The amount of the accounts for Conditions 2. Appraisal; or which there is no loss or damage; (c) Expenses incurred for examinations (b) The amount of the accounts you are under oath„ even if required by us. able to re- establish and collect; This Additional Coverage applies in the (c) An amount to allow for probable bad event of a loss at the premises described in debts that you are normally unable to the Declarations or at a "job site ". collect; and (d) All unearned interest and service III. Section A. Coverage 5. Coverage Extensions is charges. replaced in its entirety with the following: Additional Definitions: 5. Coverage Extensions As used in this Additional Coverage 1.: "Data" means facts, concepts or instructions Except as otherwise provided, the following that are converted into a form usable in data Extensions apply to property located in or on processing operations. This includes computer the building described in the Declarations or in programs the open (or in a vehicle) within 1000 feet of the described premises. "Media" means the materials on which data is If a Coinsurance percentage of 80% or more or, recorded, such as magnetic tapes, discs, drums, paper tapes, cards and programs. This a Value Reporting period symbol, is shown in includes "data" stored on the media. the Declarations, you may extend the insurance provided by this Coverage Part as follows: DK1054 (05 -2007) page 7 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216 -1218 I Endorsement IL. 20 1 Policy Number: CPP 2621581 Contractors' Optimum Endorsement a. Newly Acquired Or Constructed Property (2) Personal property of others in your care, (1) You may extend the insurance that custody, or control. applies to Building to apply to: The most we will pay for loss or damage under (a) Your new buildings while being built this Extension is $10,000 at each described premises. Our payment for loss of or damage on the described premises; and to personal property of others will only be for (b) Buildings you acquire at locations, the account of the owner of the property. other than the described premises, This Extension does not apply to loss or intended fo r. damage by theft to tools owned by your (i) Similar use as the Building employees necessary for the performance of described in the Declarations; or their job responsibilities. (ii) Use as a warehouse. This Extension applies at the premises The most we will pay for loss or damage described in the Declarations and at "job sites ". under this Extension is $1,000,000 at each c. Valuable Papers And Records (Other Than building. This Extension does not apply to Electronic Data) buildings at "job sites ". (1) You may extend the insurance that applies t• (2) You may extend the insurance that applies Your Business Personal Property to apply t4 to Your Business Personal Property to the cost to replace or restore the lost apply to that property at any location you information on valuable papers and records acquire other than at fairs, trade shows or for which duplicates do not exist. But this exhibitions. Extension does not apply to valuable papers The most we will pay for loss or damage and records which exist as electronic data. under this i e will ion is $500,000 at each Electronic data has the meaning described building. This Extension does not apply to under Property Not Covered - Electronic Data. property at "job sites ". (2) If the Causes of Loss - Special Form applies, (3) Insurance under this Extension for each coverage under this Extension is limited to newly acquired or constructed property the "specified causes of loss" as defined in will end when any of the following first that Form, and Collapse as set forth in that occurs: F ° ' (a) This policy expires; (3) Under this Extension, the most we will pay to replace or restore the lost information is (b) 180 days expire after you acquire or $50,000 at each described premises, unless a begin to construct the property; or higher limit is shown in the Declarations. (c) You report values to us. Such amount is additional insurance. We will also pay for the cost of blank material We will charge you additional premium for for reproducing the records (whether or not values reported from the date construction duplicates exist), and (when there is a begins or you acquire the property. duplicate) for the cost of labor to transcribe Property Of Others b. Personal Effects And Property copy the records. The costs of blank material and labor are subject to the You may extend the insurance that applies to applicable Limit of Insurance on Your Your Business Personal Property to apply to: Business Personal Property and therefore (1) Personal effects owned by you, your coverage of such costs is not additional officers, your partners or members, your insurance. managers or your employees. DK1054 (05 -2007) psge 8 Grange Mutual Casualty Company • P.O. Box 1218 Columbus, Ohio 43216 -1218 1 Endorsement IL 20 Policy Number: CPP 2621581 Contractors' Optimum Endorsement • d. Property Off- Premises The most we will pay for loss or damage You may extend the insurance under this Extension is $25,000. y provided by this Coverage Form to apply to your Covered f. Outdoor Property Property, that is temporarily at a location You may extend the insurance provided by do not own, lease, or operate; in storage you a location you lease, this Coverage Form to apply to your outdoor ase, rovided the lease Y provided executed after the beginning of the fences, radio and television antennas current policy term or that is in the care, (including satellite dishes), signs (other than custody or control of your salespersons. This signs attached to the building), trees, shrubs Extension applies only if loss or damage is and plants (other than "stock" of trees, caused by a Covered Cause of Loss. This shrubs or plants), including debris removal Extension does not apply to Covered expense, caused by or resulting from any of Property in or on a vehicle. the following causes of loss: The most we will pay for loss or damage ( Fire; under this Extension is: (2) Lightning; (1) $50,000 at any fair, trade show or (3) Explosion; exhibition; or (4) Riot or Civil Commotion; or (2) $25,000 at any other location you do not (5) Aircraft. own, lease or operate. e. Property In Transit The most we will pay for loss or damage under this Extension is $25,000, but not more You may extend the insurance provided by than $1,000 for any one tree, shrub or plant. this Coverage Form to apply to your This limit applies to any one occurrence, Covered Property in transit in or on a motor regardless of the types or number of items vehicle you own, lease or operate while lost or damaged in that occurrence. between points within the coverage This Coverage Extension does not apply to territory and more than 1000 feet from the property at "job sites". described premises. Loss or damage must be caused by or result from one of the g. Non - Owned Detached Trailers following causes of loss: (1) You may extend the insurance that applies (1) Fire, lightning, explosion, windstorm or to Your Business Personal Property to apply hail riot or civ il commotion, or vandalism. n, to loss or damage to trailers that you do not � Y 2 Vehicle own, provided that: (2) a collision, upset or overturn. Collision means accidental contact of your (a) The trailer is used in your business: vehicle with another vehicle or object. It does not mean your vehicle's contact (b) The trailer is in your care, custody or y on with the roadbed. control at the premises described in the Declarations; and (3) Theft of an entire bale, case or package by (c) You have a contractual responsibility to forced entry into a securely locked body or pay for loss or damage to the trailer. compartment of the vehicle. There must be visible marks of the forced entry. 01(1054 (05 - 2007) 9 Pe9'a Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 I Endorsement IL 20 I Policy Number: CPP 2621581 Contractors' Optimum Endorsement (2) We will not pay for any loss or damage j. Deferred Payments that occurs: We will pay for expenses you incur due to (a) While the trailer is attached to any motor your interest In Business Personal Property vehicle or motorized conveyance, whether lost or damaged by a Covered Cause of Loss or not the motor vehicle is in motion; and sold by you under a conditional sale or (b) During hitching or unhitching operations, trust agreement, or any installment or deferred payment plan after delivery to the or when a trailer becomes accidentally unhitched from a motor vehicle or a buyer. motorized conveyance. In the event of a loss under this Extension, (3) The most we will pay for loss or damage coverage will be paid based on the value of under this Extension is $5,000, unless a the amount shown on your books as due higher limit is shown in the Declarations. from the buyer. In case of a partial loss and the buyer refuses to continue payment, (4) This insurance is excess over the amount forcing you to repossess, the amount of the due (whether you can collect on it or not) loss will be determined as follows: from any other insurance covering such (1) If the realized value of the repossessed property. property is equal to or greater than the h. Fine Arts amount shown on your books as due from You may extend the insurance provided by the buyer, we will make no payment. this Coverage Form to apply to Fine Arts (2) If the realized value of the repossessed owned by you or in your care, custody or property is less than the amount shown control at the premises shown in the on your books as due from the buyer, we Declarations. will pay the difference. As used in this Extension, Fine Arts means (3) If a partial loss occurs and the buyer paintings, etchings, pictures, tapestries, art continues to pay you, there will be no loss glass windows and other bona fide works of payment made under this Extension. art or rarity, historical value or artistic merit. The most we will pay under this Extension is The most we will pay for direct physical loss $10,000 for any one occurrence during the of or damage to Fine Arts is $25,000 at each policy period. described premises listed in the Declarations. N. Section C. Limits Of Insurance is replaced in its In the event of a covered loss, payment for entirety with the following: Fine Arts will be valued at the market value C. Limits Of Insurance of the item(s) at the time of loss. Coverage does not extend to Fine Arts at any The most we will pay for loss or damage in fair, trade show, exhibition or "job site ". any one occurrence is the applicable Limit of Insurance shown in the Declarations. i. Consequential Loss Except as otherwise specified, the limits We will pay up to $10,000 for the copse- applicable to Additional Coverages and to quential loss to undamaged business Coverage Extensions are in addition to the personal property. Consequential loss means Limits of Insurance. the loss of value of an undamaged part or parts of a product which becomes unmarketable due to direct physical loss to another part or parts of the product caused by a Covered Cause of Loss. DK1054 (05 -2007) page 10 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6 -1 21 8 1 Endorsement IL 20 Policy Number: CPP 2621581 Contractors' Optimum Endorsement Payments under the following Additional VII. Under Section F. Additional Coverage Coverages will not increase the applicable Extensions, item 1. Property In Transit is deleted Limit of Insurance: in its entirety. 1. Preservation of Property. The following changes apply to the BUSINESS COMPUTER COVERAGE FORM as specified. V. The following is added under Section II. Definitions: VIII. We will pay for all risks of direct physical loss, subject to the provisions contained in Business 4. "Job Sites" means: Computer Coverage form IM 7203, which is attached to and made part of this policy. a. The location of the actual construction, alteration or repair of buildings or additions The most we will pay for loss or damage in any to buildings not occupied by you or one occurrence is $25,000, which includes coverage for Hardware, Software and Extra b. The location of your installation, fabrication Expense at each described premises. Coverage or erection project. may be extended up to $10,000 while the Covered Property is anywhere within the policy The following changes apply to the CAUSES OF LOSS - territory, and while in transit; however, this SPECIAL FORM. Extension does not increase the limit of insurance at each described premises. VI. The following amends specified provisions stated under Section B. Exclusions: The following changes apply to the COMMERCIAL 1. Paragraph 1., under Section B. Exclusions 1. is GENERAL LIABILITY COVERAGE FORM as specified. replaced with the following IX. Non -Owned Watercraft Except as specifically provided under Section A. Coverage, item 4. Additional Coverages or A. Exclusion g. item (2) of Section I - item 5. Coverage Extensions of the BUILDING COVERAGE A is replaced with the AND PERSONAL PROPERTY COVERAGE following. FORM, we will not pay for loss or damage caused directly or indirectly by any of the (2) A watercraft you do not own that is: following. Such loss or damage is excluded regardless of any other cause or event that (a) Less than 51 feet long and contributes concurrently or in any sequence to the loss. (b) Not being used to carry persons or property for a charge; 2. Item (3) "Water that backs up or overflows from a sewer, drain or sump "; under X. Supplementary Payments Increased Limits Exclusion g. Water is deleted. Under SUPPLEMENTARY PAYMENTS - The most we will pay for loss or damage COVERAGES A and 13 of SECTION I; from water that backs up or overflows from a sewer, drain or sump is $10,000. DK1054 (05 -2007) P 11 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216 -1218 Endorsement IL 20 I Policy Number: CPP 2621581 Contractors' Optimum Endorsement A. Item 1.b. is replaced with the following. 3. To "bodily injury" or "property damage" b. Up to $1,000 for cost of bail bonds required occurring after. because of accidents or traffic law violations a. All work, including materials, parts or arising out of the use of any vehicle to which equipment furnished in connection with such the Bodily Injury Liability Coverage applies. work, on the project (other than service, We do not have to furnish these bonds. maintenance or repairs) to be performed by or XL Additional Insureds By Contract, Agreement Or on behalf of the additional insured(s) at the Permit location of the covered operations has been A. SECTION II - WHO IS AN INSURED is amended completed; or to include as an additional insured any person or b. That portion of "your work" out of which the organization for whom you are performing injury or damage arises has been put to its operations when you and such person or intended use by any person or organization organization have agreed in writing in a contract or other than another contractor or subcontractor agreement that such person or organization be engaged in performing operations for a added as an additional insured on your policy. principal as a part of the same project. Such person or organization is an additional insured only with respect to liability for "bodily 4. To any lessor of equipment; injury", "property damage" or "personal and a. After the equipment lease expires; or advertising injury " caused, in whole or in part, by b. If the "bodily injury", "property damage ", 1. Your acts or omissions; or "personal injury ", or "advertising injury" arises 2. The acts or omissions of those acting on out of the sole negligence of the lessor. g your behalf; 5. To "bodily injury", "property damage" or "personal " out the performance of your ongoing operations personal and advertising injury arising o t of p y g g ° p the rendering of, or the failure to render, any for the additional insured. professional architectural, engineering or A person's or organization's status as an surveying services, including. additional insured under this endorsement ends when your operations for that additional insured a. The preparing, approving, or failing to approve, are completed. maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and B. With respect to the insurance afforded to these specifications; or additional insureds, the following additional exclusions apply: b. Supervisory, inspection, architectural or engineering activities. This insurance does not apply: 6. To any 1. Unless the written contract, agreement or a. Owners or other interests from whom land has permit has been issued prior to the "bodily been leased; "property damage ", "personal injury" ; or or "advertising injury"; b. Managers or lessors of premises if: 2. To any person or organization included as an (1) The "occurrence" takes place after you cease additional insured by an endorsement issued to be a tenant in that premises; or by us and made a part of this Coverage Form; DK1054 (05-2007) page 12 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216 -1218 I Endorsement IL 20 I Policy Number: CPP 2621581 Contractors' Optimum Endorsement (2) The "bodily injury ", "property damageTM, XV. Medical Payments Limit Increased "personal injury" or "advertising injury" arises The Medical Expense Limit shown in the out of the structural alterations, new Declarations is increased to $10,000. construction or demolition operations performed by or on behalf of the manager or XVI. Aggregate Limit Per Project lessor. A. For all sums which the insured becomes legally XII. Broad Form Named Insured obligated to pay as damages caused by SECTION II - WHO IS AN INSURED is amended 'occurrences" under COVERAGE A. (SECTION to include as an insured any organization or ac and for all medical expenses caused by subsidiary thereof which is a legally incorporated accidents under COVERAGE C. (SECTION I), financial interest of which can be attributed only to ongoing entity of which you own a more than 50 percent of the voting stock on the operations at a single construction project: effective date of this endorsement. 1. A separate Construction Project General This provision XII. does not apply to injury or Aggregate Limit applies to each construction damage with respect to which an insured under o and that limit is equal to the amount f this policy is also an insured under another policy me and Aggregate Limit shown in the or would be an insured under such policy but for Declarations. its termination or upon exhaustion of its limits of 2. The Construction Project General Aggregate insurance. Limit is the most we will pay for the sum of XIII. Newly Formed Or Acquired Organizations all damages under COVERAGE A., except damages because of "bodily injury" or A. Item 4. a. of SECTION II - WHO IS AN "property damage" included in the INSURED is replaced with the following. " products - completed operations hazard ", and a. Coverage under this provision is afforded for medical expenses under COVERAGE C. only until the 180th day after you acquire regardless of the number of: or form the organization or the end of the a. Insureds; policy period, whichever is earlier, b. Claims made or "suits" brought; or B. The following provision is added under item c. Persons or organizations maldng claims 4. of SECTION II - WHO IS AN INSURED: or bringing "suits ". Coverage A does not apply to "damage to 3. Any payments made under COVERAGE A. your products" that occurred before you for damages or under COVERAGE C. for acquired or formed the organization. medical expenses shall reduce the XIV. Increased Damage To Premises Rented To Construction Project General Aggregate You Limit for that construction project. Such Item 6. of SECTION ffi - LIMITS OF payments shall not reduce any other INSURANCE is replaced with the following. Construction Project General Aggregate Limit for any other construction project. 6. Subject to 5. above, unless a higher limit is shown in the Declarations under Damage To Premises Rented to You Limit, $300,000 is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. DK1054 (05-2007) age 13 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216 -1218 1 Endorsement IL 20 f Policy Number: CPP 2621581 Contractors' Optimum Endorsement 4. The limits shown in the Declarations for Each E. The provisions of Limits Of Insurance Occurrence, Fire Damage and Medical (SECTION III) not otherwise modified by this Expenses continue to apply. However, provision XV. shall continue to apply as instead of being subject to the General stipulated. Aggregate Limit shown in the Declarations, XVII. Duties In The Event Of Occurrence, Offense, such limits will be subject to the applicable amp O Suit Redefined Construction Project General Aggregate Limit. A. The requirement in condition 2. a. of B. For all sums which the insured becomes SECTION IV - COMMERCIAL GENERAL legally obligated to pay as damages caused LIABILITY CONDITIONS that you must " " see to it that we are notified of an by occurrences under COVERAGE A. (SECTION 1), and for all medical expenses " only applies when the "occurrence" or offense is known to: caused by accidents under COVERAGE C (SECTION I), which cannot be attributed 1. You, if you are an individual; only to ongoing operations at a single 2. A partner, if you are a partnership; construction project: 1. Any payments made under COVERAGE 3. An officer of the corporation, if you are a A. for damages or under COVERAGE C. corporation; or for medical expenses shall reduce the 4. Your insurance manager. amount available under the General g Aggregate Limit or the Products- B. The requirement in condition Z. b. of I Completed Operations Aggregate Limit, SECTION TV - COMMERCIAL GENERAL whichever is applicable; and LIABILITY CONDITIONS that you must see to it that we receive written notice of a 2. Such payments shall not reduce any claim or "suit" will not be considered Construction Project General Aggregate breached unless the breach occurs after such Limit. claim or "suit" is known to: C. When coverage for liability arising out of the 1. You, if you are an individual; " products - completed operations hazard" is 2. A partner, if you are a partnership; provided, any payments for damages because of bodily injury" or "property damage" included in 3. An officer of the corporation, if you are a the " products - completed operations hazard" will corporation; or reduce the Products - Completed Operations 4. Your insurance manager. Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project XVIII. Unintentional Failure To Disclose Hazards General Aggregate Limit. Any unintentional error or omission in the description of, or failure to completely D. If the applicable construction project has been describe, any premises or operations abandoned, delayed, or abandoned and then intended to be covered by this Coverage restarted, or if the authorized contracting Form will not invalidate or affect coverage parties deviate from plans, blueprints, for those premises or operations. However, designs, specifications or timetables, the you must report such error or omission to us project will still be deemed to be the same as soon as practicable after its discovery. construction project. Includes copyrighted material of insurance Services Office, inc., with its permission. Copyright, Insurance Services Office, inc., 1983, 1984, 1987, 1994, 1996, 2002. DK1054 (05 -2007) page 14 ■ • Grange Mutual Casualty Company Grange Ins. Co. of Michigan POLICY NUMBER: CPP2621581 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Operations Blanket Information re Sclle�, if not shown above, will be shown in the Declarations. Section II — Who I sured is amended to include as an addif . - : ured the person(s) or organization(s) shown ' • e Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ 1