Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CONTRACT BETWEEN AUGUSTA, GA AND ALLEN BATCHELOR CONSTRUCTION, INC. FOR RENOVATIONS OF 452 WALKER STREET
11 1 AIA Document A101' - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Seventeenth day of August in the year Two Thousand and Sixteen (In words, indicate day,month and year.) BETWEEN the Owner: (Name, legal stains,address and other information) This document has important legal Augusta Utilities Department (=sequences.Consultation with 452 Walker Street an attorney is encouraged with Augusta,Georgia 30901 respect to its completion or modification AIA Document A20111,-2007, General Conditions of the Contract for Construction,is adopted in This document by and the Contractor: reference,Do not use with other (Name, legal status,address and other information) general conditions unless this document is modified Allen-Batchelor Construction, Inc. 1063 Franke Industrial Drive Augusta, Georgia 30909 for the following Project: (Name, location and detailed description) #16-194A Renovation of 452 Walker Street Project#: UB-2015-039 The Architect: (Name, legal status, address and other infirmation) Christopher Booker&Associates, PC 670 Broad Street Augusta, Georgia 30901 The Owner and Contractor agree as follows. AIA Document A1017"—200T.Copyright°1915,1919,1925,1937,1951,1955,1961,1953,1967,19741977,1957,1991,1997 and 2007 by The American Institute of Unit ArchitectsMI rights reamed,WARNING.Thls AEADmirmr,rit is protadad try US.CopyrIgte Law and tritentatlorhal Traties.LInautherlreti rouroduilyin or cilstrillurion of this,111A'DC120811i_or any portion oft,may ro9u It in severe civil and crIrroi la!ptreallies,And will be pmeocuted In the maximum .4.ir4 pOssilik ji under tliti law.This tioarrnerd was created on 04/13/2010 09:34:01 under the terms of AIA Documents-on-Demandlu circlet no 2009298110 ,and s notfor resale This dominant is icensed by the Amenzan Institute of Ardnitscts for one-lime use only,and may not be repriaduced prior to its compietion TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of This Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will he fixed in a notice to proceed.) Date will be fixed in a Notice to Proceed If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests,the Owner's time requirement shall be as follows: N/A §3.2 The Contract Time shall be measured from the date of commencement_ \ ) NA Docrinent A101"....2007.Copyrihtg ©1915,19113,1925,1937,1951,1958,1981,1983,1987,1974,1977,1987,1991 1997 and 2007 by The American Institute of Init. Architects Al rights reserved WO. This R.NiNG• AIA'Documon.is rimier-And by 1,1 and In Copyngnt Law aIniematinnal Traittii.-11. Ltrinutikriiria repmdiietIon or 2 distribution of this Ale Document,or any porton of It.may rmuln in sevel'a chill anti crimInAt penalties,and will be proAecutod to Ilho iniodmuin oilf.:-.1t pos.-while 1 rimier us,law Pas document was created on 94/13)2016 a9;34:01 under the terms of AM Documents-an-Demand" order no. 2009298110 and Is not for resale Ties document is knead by the American bistilute of Architects for cnealme use only,and may not be reproduced pricy to its canyretion, . , , §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Two Hundred Forty ( 240 )days from the date of commencement,or as follows: (Insert number of calendar days. Alternative(y. a calendar date mm,'he used when coordinated with the date of commencement. If appropriate,insert requirements far earlier Substantial Completion of certain portions of the Work,) Portion of the Work Substantial Completion Date N/A subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ifanyfor liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work,) Liquidated damages are$500/day. ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in CUT lei it funds for the Contractor's performance of the Contract.The Contract Sum shall be Three Million Two Hundred Twenty Thousand Dollars ($ 3,220,000.00 1.,subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers Or other identification ofaccepted alternates. Ifthe bidding or proposal documents permit the Owner to accept other alternates subsequent to the erecution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires.) §4.3 Unit prices, if any: (Identift and state the unit price;state quantity limitations, if any, to which the unit price will he applicable.) Item Units and Limitations Price per Unit($0.00) See attached bid document AIA DorAlniant —2007.Copyi1qIO 1916.1919,1925,1937,1951,1966.1981,1963.1967,1974,1977,1967,1991.1997 and 2007 by The Amen=Institute of \\4).. Init. Architects.Al rights reeperved WAR14140,This AiA'aricirinmitt protocted by U.S-CQpyririlit Law and IntornatIonsi Trestles.Usarthririesid rriariaductIon or 3 rustrthutinn rtt tars AlK'rxteirrnsnt,or any pitunit nt it,vial result In severe Mil and cren1;ini oenaltb ,and will ho plosectrfed 1ro the masimum extent Pos5Ible / ulster the taw.Tris document%VaS created on 04113f2016 09 34 01 under the terms of AtA Documents-on-Demand",order no. 2009298110 and is riot is resale This document is ricersed by the American tristitae of Architects for one-lone use only,and may not be repinduzed pi cr to Its completron , §4.4 Allowances included in the Contract Sum,if any: (.1dentyY allowance and state exclusions, if arty,from the allowance price.) Item Price($0.00) General Allowance(Contingency) $170,000.00 Power Gates,Site Fencing(New) $ 35,000.00 Total Allowances:$522,500.00 Irrigation $ 20,000.00 Security,cameras,Key fob system $105,000.00 Water features,tempered glass,casework $ 16,000.00 Exterior repair of wood trim,columns,brick,windows $18,000.00 Appliances $10,000.00 White noise system,intercom $ 27,000.00 Televisions,audio/visual $20,000.00 Signage $11,500.00 Monument Sign $10,000.00 Installation of 24 hour kiosk $ 8,000.00 Customer units,cashier units,installation $72,000.00 ARTiCLES PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last clay of the month,or as follows: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the(same)(folio month.if an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than Fifteen ( 15 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1,5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Ten percent( to °A).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall he included as provided in Section 7.39 of Al A Document A2011.04-2007,General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Ten percent( 10 W); .3 Subtract the aggregate or previous payments made by the Owner:and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. AlA Document Merl"—2007.Copyright*1915,1910,1925.1937,1951,1958,1001,1933,1967,1974,1977,1987,1991,1997 aro 2007 by The American Institute ct Areraaes.All rights reserved.WARNING:Thos A.I.A60ocurnent a prrAucled by U.S.Copyright Law end Iniefitialonei Troalles.Ltrieuttooriror,teproductian or 4 distribution of this AlA Document,L-ir any portion at it,roily retitilit In severe civil and errinlart nominee.and will be prosecuted to the maximum extent possible under the taw.This cfccurnort was created on 04/13/20t 6 093431 under the horns of AlA Documents-on•Demandr.otter no. 2009299110 ,and is not for resale.This document is traersed by The ArnerhUln Inset:ate of Architects far one-lime use only,and may not be reprodu:ed mar tots ocervielion. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: 1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the Full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Seaton 9_8.5 oJAJA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: Wit is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents. insert here provisions for such reduction or limitation.) N/A §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers For materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 DISPUTE RESOLUTION §6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 152 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect.) AIA Doormat A101",—2007.Coprighte 1915,1918.1925,1937,1961,1958,1961,1963,1967,1974,1977,1987,19811997 and 2007 by The American InsblUte of init. Architects All rights reserved,WARNING-This Ate Document is pmt-did by US.Copyngret Uwe and Intenlalionai Treathwa,Lloauthorizori rirTrorluclion or / itstraxition of this Docuinnitt,or any raw-doh of lt inn result tri null int rrIrrtinol pBoaltjes and ArIII be nrrrsoci nod to rho maximum*dent rbos/.4An undor the law,This document was°reeled on 04113120 t6 e9:34:01 under Me terms of AIA Documents-on-Demancrw order no 2009298110 ,andisnot for resale This document IS licensed by the American institute of Arctifects for one-ame use anly,and may not be reproduced prior tots completton . §6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of A IA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below,or do not subsequently agree in writing to a binding dispute resolution method other than litigation. Claims will be resolved kv litigation in a court orcomperen t jurisdic(ion.) 0 Arbitration pursuant to Section 15.4 of A lA Document A201-2007 ID Litigation in a court of competent jurisdiction D Other:(Spec ifY) ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon. hearty.) N/A §83 The Owner's representative: (Name,address and other infOrntation) Christopher Booker 670 Broad Street Augusta,Georgia 30901 §8.4 The Contractor's representative: (Name, address and other information) DeVane Batchelor 1063 Franke Industrial Drive Augusta,Georgia 30909 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. init. / AllA Document AlOilu—2007.Copyright CI 1915,1916,1925,1937,1951,1958,1961,1963,1967,1974,1977 1967,1091,1997 and 2007 by The Amen=Institute of Archlects Al rights reseived.WARNING'Ines AlA"'Documen t Is protected by U.&Copynghamt Law aInleimalional Treaties.Unauthonzed reprorisiceon or distribution of This AIA'Doer'newt or any portion of it,rosy resutt In severe ova and criminal peredties,end wilt be prosecuted to tbe maximise extellt possible I ) the under law,This dozunierl was creator!ix)04/11i2016 09 34 01 under the terms of ALA Documents-on-DemandTm order no. 2099298110 ,and is rot ii for rasa*Thls document is icensed by the American Institute of Architects for ona-trne use only,and may not be reproduced price to Its ccrixotabon 6 • §8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. §9.1.1 The Agreement is this executed ALA Document A101-2007,Standard Form of Agreement Between Owner and Contractor. §9.1.2 The General Conditions are MA Document A201-2007,General Conditions of the Contract for Construction. §9.1.3 The Supplementary and other Conditions oldie Contract: Document Title Date Pages N/A §9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Exhibit A Section Title Date Pages AAA Document A101 To—2007.Copright 0 1915,1918,1925,1937,1951,1958,1901,1963,1967,1974,1977,1967,1991,1997 and 2007 by The Amercan Instlhibe init. Architects Al rights reserved.WARigtiNG:I Vila MA'Dactetteet 4.:protected by US.Copyroget Law and internattonal Treattes.liernetiee red repleducdee or 7 distribution of this Alet)ocumetwt,or arty portiee cit Ft may Tn5uI ri severe civil arid crirnirOpenatties,mod we be pro rocutod to the max irrsrm extent pre..sitiiri \)1 urxiar the 1-aw.This document wee created on 041131201609:34:01 under the terms of AlA Documents-on-Demand order no, 2009298110 and Is net for resale.Ttts document is licensed by the American Institute of Architects for one-bme use only,and may not be reproduced Prior to its confietton §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Exhibit B Number Title Date §9.1.6 The Addenda,if any; Number Date Pages Addendum No. 1 May 27,2016 Addendum No.2 June 3,2016 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 MA Document E2011"-2007,Digital Data Protocol Exhibit, if completed by the parties,or the following: .2 Other documents. if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document 4201-2(107 provides that bidding requirements such as advertisement or invitation to bid. Instructions to Bidders,sample forms and the Contractor's hid are not part()Pile Contract Documents unless enumerated in this.4greement. They should be listed here only if intended to be part of the / Contract Documents.) / Adjustments to Plans&Specification for Re-bid 15-194A - / /6 .h4".. -GL , Ik- - iFdA /IP PaCl'iS .SpeC•;b:COV6lat5 413' 4-C, 1-- ;"Cl.- CAL 7/4. Init. 1 NA Dccument A10117"-2007.Copyright°1915,1918,192:5,1597,1951,1958,1981,1933,1957,1974,1977,1997,1991,1997 and 2007 by The Al,railanfndilute of ArchNects A8 rights reserved.WARNING;7 his Mmen A"Docut13 protected by U.S.Copyright Law and International Treatuao,1.1riasuthnriml reproclutbon or dgehlaution of this MA'Document,ar arty portion of it,may moult in severe civil and criminal paiialtkv and%ell be plusecuted to the mextrrunn extent posstblo )1) under the law.This domunentINHEI created on 04/13/2018 09:3401 under the Items of AIA Documeras-on-Demand",order no 2009298110 ,and is flat for resale This document is licensed by the American friable of Archlects for one-time use wet end may not be reproduced color to Its completion. • ., , ARTICLE 10 INSURANCE AND BONDS - The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I I of AIA Document A20I-2007, (State bonding requirements, ifany,and limits of liabilky,for insurance required in Article II 6,11A IA Document A201-2007,) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) General Liability General Aggregate Limit: $2,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Personal and Advert. Injury Limit $1,000,000 Each Occurance $1,000,000 Worker's Compensation •,,T,,!'' 4,4r, V.*kk Or • ,,,,* ,a,,.... ' ',- ''''',,, This Agreement entered into as of the day and year first voritton aDmier". -I, 40.,..Z. OWNER:AUGUSTA.GEORGIA , , , ',-) , ,.., By: OLA•th.,• , , : i ,*TEe ,. ' SEAL de s ,to The Honorable Hardie Davis,Jr. 4; Len.. . Bo .er .94 , a * Ar Mayor :' Clerk the •, .. '' ' 11 E 4 1 h A 4 . . Date: :: Date: - - APPROVED AI TOLORM:ika . • By: A, m Thomas D.Wiedmeier Attorney Director,Augusta Utilities Department Date: 51/2.1,Va Date: 9/2" ftc. CONTRACTOR: ATTEST: SEAL 44 By: D dz--(---//2-- _____ By: 4,4-1:10"477 / / Name: D. deVane Batchelor Name: .i11C)50/rIlY714 e 5. Title: President Title: , r44/.5.4.7". "PYV41"6re Date: 8/22/16 Date: 0/27/16 AIA Document A1011 vld—200/.CoprighiC 1015,1918,1925,1937,1951,1966,1961,1983,1957,1974,1977,1987,1991,1907 and 2007 by The Arnen:an Institute of Ink Architects,M rights reserved.WA141,,INC_wnia itIA'Do turt,,,i,t,,i Ilrot-,cto ttv 0•,,,„lopyi,Wit Law ood tnterr,,,st‘ixial Treas.linatithonmi r,produ,:tion or distribMfrin af iiii-5 AIA Document,or.?ny 41,,,N1,0t)rt 11,my lenll Irl rit.'"-ere civil Jestcriminal pen,,,,ttle,,i,rovi wigi ho inywittittqf to 01,11 nmintum eytont pt-msiblo i umkr the lavi This document was created on 04/1312015 09.5401 under the terms of AtA pcouments-on.Demand TM order no. 2009298110 ,and is not for resole THs IlOCUrrerd iS licensed by the American Instatute of Architects forme-time use coly,wad may not be reproduced prior to ds canple4ion • EXHIBIT A UB 2015-039/Augusta Utilities /452 Walker Street SPECIFICATION LIST SECTION TITLE PAGES DIVISION 0 Invitation to Bid 1 only Instructions to Bidders 1 —2 Bid Form 1 - 2 General Conditions of the Contract for Construction - AIA Document A201 1 - 38 Standard form of Agreement Between Owner and Contractor -AIA Document A101 1 - 9 Bid Form -AIA Document A310 1 —2 Performance Bond -AIA Document A312 1 —4 Payment Bond -AIA Document A312 1 —4 Application and Certificate for Payment - AIA Document G702 1 only Continuation Sheet -AIA Document G703 1 only Change Order -AIA Document G701 1 only Certificate of Substantial Completion - AIA Document G704 1 only DIVISION 1 —GENERAL REQUIREMENTS 01 00 00 General Requirements 1 —7 01 21 00 Allowances 1 - 3 01 33 00 Submittals 1 —5 01 70 00 Construction Procedures 1 —8 01 73 23 Bracing and Anchoring 1 - 2 DIVISION 2—SITE CONSTRUCTION 02 41 19 Selective Demolition 1 - 6 DIVISION 3—CONCRETE 03 30 00 Cast-in-Place Concrete 1 —20 DIVISION 4— MASONRY 04 22 00 Concrete Unit Masonry 1 —7 DIVISION 5—METALS EXHIBIT A UB 2015-039/Augusta Utilities/452 Walker Street SPECIFICATION LIST 05 01 00 Miscellaneous Metal 1 —3 05 12 00 Structural Steel Framing 1 —7 05 40 00 Cold Formed Metal Framing 1 —5 SECTION TITLE PAGES DIVISION 5— METALS (Cont'd) 05 50 00 Metal Fabrications 1 —8 05 52 00 Pipe and Tube Railings 1 —6 DIVISION 6 —WOOD, PLASTICS, AND COMPOSITES 06 10 00 Rough Carpentry 1 — 3 06 11 16 Mechanically Graded Lumber 1 —3 06 20 00 Finish Carpentry 1 —2 06 40 00 Architectural Woodwork 1 —6 06 60 00 Plastic Laminate 1 —4 06 61 16 Solid Surfacing Fabrications 1 —6 DIVISION 7—THERMAL AND MOISTURE PROTECTION 07 21 00 Thermal Insulation 1 only 07 62 00 Flashing and Sheet Metal 1 —4 07 84 00 Firestopping 1 —5 07 92 00 Joint Sealants 1 —3 DIVISION 8—OPENINGS 08 11 00 Hollow Metal Doors and Frames 1 —5 08 14 00 Wood Doors 1 —2 08 41 13 Aluminum Framed Entrances & Storefronts 1 —7 08 51 00 Steel Windows 1 —7 08 51 13 Fire Rated Aluminum Windows 1 - 5 08 71 00 Door Hardware 1 — 16 08 88 10 Fire Rated Glass & Framing 1 -4 DIVISION 9— FINISHES 09 21 16 Gypsum Board Assemblies 1 —7 09 29 00 Drywall Penetration Barrier 1 - 3 09 30 13 Porcelain Tile 1 —8 09 51 13 Acoustical Panel Ceiling 1 —6 09 65 13.13 Resilient Base 1 —3 09 65 19 Resilient Tile Flooring 1 —5 09 68 16 Carpeting 1 —6 EXHIBIT A UB 2015-039/Augusta Utilities /452 Walker Street SPECIFICATION LIST 09 91 00 Painting 1 —9 SECTION TITLE PAGES DIVISION 10—SPECIALTIES 10 21 13 Toilet Compartments 1 —4 10 22 26 Operable Partitions 1 —4 10 28 13.13 Commercial Toilet Accessories 1 —5 10 44 16 Fire Extinguishers, Cabinets and Accessories 1 -4 10 73 16.13 Drive Thru Canopies 1 - 7 DIVISION 11 —EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 —SPECIAL CONSTRUCTION 13 12 23 Interior Fountains 1 - 3 DIVISION 14—CONVEYING SYSTEMS 14 24 23 Hydraulic Passenger Elevators 1 - 8 DIVISION 21 — FIRE SUPPRESSION 21 23 16 Wet Chemical Fire Extinguishing Equipment 1 - 2 DIVISION 22— PLUMBING 22 05 13 Pipes and Tubes for Plumbing Piping and Equipment 1 —3 22 05 29 Hangers and Supports for,Plumbing Piping and Equipment and Firestopping 1 —9 22 05 48 Vibration and Seismic Controls for Plumbing Piping and Equipment 1 —3 22 05 53 Identification for Plumbing Piping and Equipment 1 only EXHIBIT A UB 2015-039/Augusta Utilities/452 Walker Street SPECIFICATION LIST 22 07 00 Plumbing Insulation 1 —4 22 11 00 Facility Water Distribution 1 —5 22 13 00 Facility Sanitary Sewerage 1 —5 22 40 00 Plumbing Fixtures 1 —6 SECTION TITLE PAGES DIVISION 23— HVAC 23 05 03 Pipes and Tubes for HVAC Piping and Equipment 1 —3 23 05 29 Hangers and Supports for HVAC Piping and Equipment and Firestopping 1 —8 23 05 48 Vibration and Seismic Controls for HVAC Piping and Equipment 1 —3 23 05 53 Identification for HVAC Piping and Equipment 1 —2 23 05 93 Testing, Adjusting, and Balancing for HVAC 1 —5 23 07 00 HVAC Insulation 1 —5 23 09 00 Instrumentation and Control for HVAC 1 —2 23 09 23 Direct-Digital Control System for HVAC 1 - 65 23 31 00 HVAC Ducts and Casings 1 —5 23 33 00 Air Duct Accessories 1 —3 23 34 00 HVAC Fans 1 —2 23 36 00 Air Terminal Units 1 - 3 23 37 00 Air Outlets and Inlets 1 —2 23 81 06 Packaged Rooftop Air Conditioning Units 1 —3 DIVISION 26—ELECTRICAL 260519 Low Voltage Electrical Power Conductors and Cables 1 —3 260526 Grounding and Bonding for Electrical Systems 1 —2 260529 Hangers and Supports for Electrical Systems 1 —3 260533 Raceways and Boxes for Electrical Systems 1 -4 260553 Identification for Electrical Systems 1 —2 262726 Wiring Devices 1 —3 262813 Fuses 1 —2 262816 Enclosed Switches 1 —3 263213 Engine Generators 1 —8 263600 Transfer Switches 1 - 5 265100 Interior Lighting 1 —2 DIVISION 27 —COMMUNICATIONS 270536 Cable Trays for Communications Systems 1 —3 271100 Communications Equipment Room Fittings 1 —3 271300 Communications Backbone Cabling 1 —6 271500 Communications Horizontal Cabling 1 —7 EXHIBIT A UB 2015-039/Augusta Utilities/452 Walker Street SPECIFICATION LIST DIVISION 28 —ELECTRICAL SAFETY AND SECURITY 283111 Digital, Addressable Fire-alarm System 1 - 9 SECTION TITLE PAGES DIVISION 31 — EARTHWORK 31 00 00 Earthwork 1 - 12 DIVISION 32— EXTERIOR IMPROVEMENTS 32 12 16 Asphalt Paving 1 — 10 32 13 13 Concrete Paving 1 — 15 32 92 00 Turf and Grasses 1 —7 32 93 00 Plants 1 - 12 DIVISION 33— UTILITIES NOT USED Christopher Booker & Associates, PC 670 Broad Street 706-798-6792 Phone Augusta,Georgia 30901 706-798-2836 Fax auaamerica(aaol.com EXHIBIT "B" Project Title: Augusta Utilities Department 452 Walker Street Dated: May 23, 2016 (Addendum No. 1) CS1.0 Cover Sheet S1.0 First/Second Floors Canopy Structural Plans General Notes S2.0 Sections & Details A1.0 First Floor Demolition Plan A1.1 Second Floor Demolition Plan A2.0 First Floor Life Safety Plan A2.1 Second Floor Life Safety Plan A2.2 New First Floor Plan Wall Types Details A2.3 New Second Floor Plan Wall Types A2.4 First Floor Blocking Plan Details A2.5 Second Floor Blocking Plan A3.0 Exterior Elevations A3.1 Exploded Canopy Plan Canopy Elevations A3.2 Partition Wall Plan Partition Wall Section A3.3 Exploded Elevator Plans Section A3.4 Exploded Stair Plans Railing Details A4.0 Exploded Plan —Water Feature Interior Elevation Section EXHIBIT "B" (Cont'd) A4.1 Exploded Plan —Water Feature Interior Elevation Section A4.2 Exploded Plan Interior Elevations Cabinet Details A4.3 Exploded Plan Interior Elevations Cabinet Details A4.4 Exploded Plan Interior Elevations A4.5 Exploded Plan Interior Elevations Cabinet Details A4.6 Cabinet Details A4.7 Interior Elevations Cabinet Details A5.0 Finish Schedule A5.1 Door Schedule Hardware Schedule A5.2 Window Configurations Door Configurations A6.0 First Floor Reflected Ceiling Plan A6.1 Second Floor Reflected Ceiling Plan MD1.0 First Floor HVAC Demo Plan MD1.1 Second Floor HVAC Demo Plan M2.0 First Floor HVAC Plan M2.1 Second Floor HVAC Plan M3.0 VAV Schedule 1 M3.1 VAV Schedule 2 M3.2 HVAC Notes M3.3 HVAC Controls P1.0 First Floor Plumbing Plan P1.1 Second Floor Plumbing Plans P2.0 Plumbing Notes and Schedules E1.1 First Floor Lighting Plan E1.2 First Floor Power Plan E1.3 First Floor Mechanical Power Plan E1.4 First Floor Fire Alarm Plan E1.5 First Floor IT Plan 2 EXHIBIT "B" (Cont'd) E2.1 Second Floor Lighting Plan E2.2 Second Floor Power Plan E2.3 Second Floor Mechanical Power Plan E2.4 Second Floor Fire Alarm Plan E2.5 Second Floor IT Plan E3.1 Drive Thru Electrical Plans E4.1 Electrical Details E4.2 Electrical Details 3 BID# 16-194A- RENOVATION OF 452 WALKER STREET BID SCHEDULE FORM Description Total General Requirements a-4 J 1;49 Site-Cnnstruction. nem 13N7f.4 Concrete k lf eg Masonry )0,2;9 4 Metals 4011. 1 Wood, Plastics' and Composites 1 "1.(rici tk Thermal and Moisture 6Sr'1 Openings 22409 Finishes g74. oz.,,. Specialties 2_4r' ?t Special Construction .14g1 Conveying Systems 7t,1 Plumbing c7149 4 Heating,Ventilating and Air Conditioning 3 ..CO-c9 Electrical1s94 9 Communications and Data Indacte.1 i n fleekca1 `Electronic Safety and Security InG1can). in eier r,`eol In Site . W/A Exterior Improvements t © CONTRACT SUBTOTAL -a., oe Allowances. General Allowance(Contingency) $$170,000.00 Power Gates,Site Fencing (New) 35,000.00 irrigation $20,000.00 Security, cameras, Key fob system $105,000.00 Water Features,tempered glass, casework $ 16,000.00 Exterior repair of wood trim,columns, brick,windows $ 18,000.00 Appliances $ 10,000.00 White noise system, Intercom $27,000.00 Televisions, audio/visual $20,000.00 Signage $ 11,500.00 Monument Sign $ 10,000.0.0 Installation of 24 hour kiosk $8,000.00 Customer units, cashier units, installation $72,000.00 Subtotal Allowances $522,500.00 TOTAL PROJECT COST (Contract Subtotal and 3 � �©� subtotal of Allowances both added together—This A. number is to be placed on the Bid Form Page 1) 2 BID 1E-194A RENOVATION OF 452 WALKER STREET Westfield Insurance Company Westfield Groupe 1 Park Circle, PO Box 5001,Westfield Center, Ohio 44251-5001 Bond No.4860443 Conforms to Document A312TM -2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name. legal status and principal place of business) Allen-Batchelor Construction,Inc. Westfield Insurance Company 1 Park Circle, PO Box 5001 1063 Franke Industrial Drive Westfield Center,OH 44251-5001 Augusta,GA 30909 OWNER: (Name, legal status and address) Augusta Utilities Department 452 Walker Street Augusta,Georgia 30901 CONSTRUCTION CONTRACT Date: the Fifth day of August,Two Thousand Sixteen Amount: Three Million Two Hundred Twenty Thousand Dollars and 00/100 $3,220,000.00 Description: (Name and location) #16-194A Renovation of 452 Walker Street Project#:UB-2015-039 BOND Date: the Eighteenth day of August,Two Thousand Sixteen (Not earlier than Construction Contract Date) Amount: Three Million Two Hundred Twenty Thousand Dollars and 00/100 $3,220,000.00 Modifications to this Bond: J None El See Section 16 CONTRACTOR AS PRINCIPAL SURETY \���` \r1 .t,° Company: Allen-Batchelor Construction,Inc. Company:Westfield Insurance Company ?� 0 (Corporate Seal) 4(fCbrporate ttel} •C'� • 001 1,117. Signature: Signature: ALi , NameNiniwtfmor- d and Title: and Title: tt •y-in-Fact (Any additional signatures appear on the last page of this Performance Bond. (FOR INFORMATION ONLY—Name,address and telephone) OWNER'S -EPRESENTATIVE: AGENT or BROKER: (Architect, Engineer or other party:) Greene Hazel Insurance Group 1 HUB Internaional Christopher Booker&Associates,PC 10739 Deerwood Park Boulevard, Suite 200 670 Broad Street Jacksonville,Florida 32256 Augusta,Georgia 30901 904-398-1234 Printed with permission from the American Institute Of Architects(AIA)and the Surety&Fidelity Association of America(SFAA),by Westfield Group®. Westfield Group vouches that the 1 language in the document conforms exactly to the language used In AIA Document A312TM 2010. BD 5971 (10/2010) r , 1 The Contractor and Surety,jointly and severally, bind themselves,their heirs, executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Printed with permission from the American Institute Of Architects(AIA)and the Surety&Fidelity Association of America(SFAA),by Westfield Group®. Westfield Group vouches that the 2 language in the document conforms exactly to the language used In AIA Document A312""2010. BD 5971 (10/2010) 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confirming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed with permission from the American Institute Of Architects(AIA)and the Surety&Fidelity Association of America(SFAA),by Westfield Group®. Westfield Group vouches that the 3 language in the document conforms exactly to the language used In AIA Document A312" 2010. BD 5971 (10/2010) 16 Modifications to this bond are as follows: This Bond is hereby amended so that the provisions and limitations of Section 255.05 or Section 713.23 and 713.245,Florida Statutes,whichever are applicable,are incorporated by reference herein. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Printed with permission from the American Institute Of Architects(AIA)and the Surety&Fidelity Association of America(SFAA),by Westfield Groupe. Westfield Group vouches that the 4 language in the document conforms exactly to the language used In AIA Document A312""2010. BD 5971 (10/2010) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 04/02/15, FOR ANY PERSON OR PERSONS NAMED BELOW. general POWER NO. 0994372 02 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company- and collectively as "Companies,' duly organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Mecina County, Ohio, do by these presents make,constitute and appoint BRADFORD W.BUSH,KYLE C.WHITMAN,CLARENCE F.GREENE,III, RYAN B.GILWAY,JOINTLY OR SEVERALLY of JACKSONVILLE and State of FL its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent arid act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Farther Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on Februarys,.2000). In Witness Wf�ereo WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY nit:`tesh'presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed thi dayOf•AiPJ A.D.,2015 . Corporal'J •: 0'; '''sONAL'�• ..•""""""w WESTFIELD INSURANCE COMPANY sear \t.. »'dC '`Pj........ lig''•., / y o d '•O,-<:• si.; *+,4 WESTFIELD NATIONAL INSURANCE COMPANY Aftixm3 v ` 1: *•.:,,ss. _ + OHIO FARMERS INSURANCE COMPANY x' p SEAL _ �: 3 State of Ohio nmir.)1 t St. 1848 I 1 . ? 1 ..AN‘i By. Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 02nd day of APRIL A.D.,2015 , before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio;that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY.WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial Seal a o ePaireetel/dr&A. a�q t. Affixed •,LP,.•••""'•s .... „, .......,, ,.. • • David A. Kotnik,Attorney at Law, Notary Public State of Ohio :N > I O My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: \tiX 'o N ',,..Te. OF o.,, •I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and 01-110 FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 18th day of August .1*.D•2016 • 'M . O\OS«4kb-N'. •``p.(1(•f�1%"4','� ,. .•s.k► /747 t I ii,0� I l± SEAL im_ _ /r4 / 1 Secretary >� :y: n: 0846 .' _ it...%...7..."N' ... —0:•.o: S r�. Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) • This Bond is hereby amended . , soithat the0 Srovtion1an2d3laimnidta7ioo5Selcotriona2Stu ter, whichever are applicable,are incorporated by reference herein. Westfield Insurance Company Westfield Group®1 Park Circle, PO Box 5001,Westfield Center, Ohio 44251-5001 Bond No. 4860443 Conforms to Document A312TM -2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name. legal status and principal place of business) Allen-Batchelor Construction,Inc. Westfield Insurance Company 1 Park Circle, PO Box 5001 1063 Franke Industrial Drive Westfield Center,OH 44251-5001 Augusta,GA 30909 OWNER: (Name, legal status and address) Augusta Utilities Department 452 Walker Street Augusta,Georgia 30901 CONSTRUCTION CONTRACT Date: the Fifth day of August,Two Thousand Sixteen Amount: Three Million Two Hundred Twenty Thousand Dollars and 00/100 $3,220,000.00 Description: (Name and location) #16-194A Renovation of 452 Walker Street Project#:UB-2015-039 BOND Date: the Eighteenth day of August,Two Thousand Sixteen (Not earlier than Construction Contract Date) Amount:Three Million Two Hundred Twenty Thousand Dollars and 00/100 $3,220,000.00 Modifications to this Bond: 13 None ©X See Section 18 ,c ,; CONTRACTOR AS PRINCIPAL SURETY Company:Allen-Batchelor Construction,Inc. Company: Westfield Insurance Comp y;,,• .a`. ':"tc` (Corporate Seal) ; L; corporate sek0"s AdifSignature: Signature: /,Ai / �,�, '•••• Name .me an B efwa /. Y Y 70"tln€utt���IA' and Title: and Title: ' e -t ct (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Greene Hazel Insurance Group 1 HUB Intemaional Christopher Booker&Associates,PC 10739 Deerwood Park Boulevard,Suite 200 670 Broad Street Jacksonville,Florida 32256 Augusta,Georgia 30901 904-398-1234 5 Printed with permission from the American Institute Of Architects(AIA)and the Surety&Fidelity Association of America,by Westfield Group®. Westfield Group vouches that the language in the document conforms exactly to the language used In AIA Document A312' 2010. BD 5971 (10/2010) • • • 1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the 6 Printed with permission from the American Institute Of Architects(AIA)and the Surety&Fidelity Association of America,by Westfield Group®. Westfield Group vouches that the language in the document conforms exactly to the language used In AIA Document A312TM 2010. BD 5971 (10/2010) Owner's priority to use the funds for the completion of the work. 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms"labor, materials or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 7 Printed with permission from the American Institute Of Architects(AIA)and the Surety&Fidelity Association of America,by Westfield Group®. Westfield Group vouches that the language in the document conforms exactly to the language used In AIA Document A312TM 2010. BD 5971 (10/2010) 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. Al the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: This Bond is hereby amended so that the provisions and limitations of Section 255.05 or Section 713.23 and 713.245,Florida Statutes,whichever are applicable,are incorporated by reference herein. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 8 Printed with permission from the American Institute Of Architects(AIA)and the Surety&Fidelity Association of America,by Westfield Groupe. Westfield Group vouches that the language in the document conforms exactly to the language used In AIA Document A312"2010. BD 5971 (10/2010) f THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 04/02/15, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 0994372 02 General ' Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make,constitute and appoint BRADFORD W.BUSH,KYLE C.WHITMAN,CLARENCE F.GREENE,Ill, RYAN B.GILWAY,JOINTLY OR SEVERALLY of JACKSONVILLE and State of FL its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as;fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the fallowing provisions: The Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.- (Each adopted at a meeting held on February 8,2000). In Witnessoppreof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMP/WY (i these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affix 'tt '�tl�r V.4PRIL A.D.,2015 . r�r t4 LWtlt, °Pj�0N�C iti••., •.••""."."."+ WESTFIELD INSURANCE COMPANY y« Q,r•• •.- �� /Da,. ....,5,6%..p: ••� *,A WESTFIELD NATIONAL INSURANCE COMPANY I •' OHIO FARMERS INSURANCE COMPANY `—' ,,; SEAL . ? Ki\i:: ''''s�� ` ! 11••11, *..,•`�,t,•-, By • State of4�yi inaa 1 Dennis P. Baus, National Surety Leader and County of Iv�_f#IH ss.: Senior Executive On this 02nd day of APRIL A.D.,2015 ,before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio;that he Is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial Seal a1At Affixed 1�P "'��� 5� z`.:... : David A. Kotnik,Attorney at Law,Notary Public State of Ohio s N �f o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: q ,- `•..T� OF O. I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 18th day of August A.D. • u ust .. 2016 • 1.1.1.,.11111,,.. ...•«I..,,.,,, Q '..•'.C,ONA(. ' errDO •'A' /��� �{._ ' t SEAL •�� _";u► ° l l r'i;"v"✓r t % ri�ir�� :N; n, _ Secretary7..•,.. ,o; :1848:* Frank A. Carrino, Secretary ••111.111.,,..1••• %"••:.........�`, BPOAC2 (combined) (06-02) • • ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 8/22/2016 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 CONTACT Terri Stone NAME: Blanchard & Calhoun Insurance Agency, Inc. (A/C,N,Ext): (706)650-6000 (An/C,No): (706)650-6001 245 Davis Road E-MAIL ADDRESS:tstone@blanchardcalhounins.com PO Box 212359 INSURER(S)AFFORDING COVERAGE NAIC# Augusta GA 30917-2359 INSURERA:Cincinnati Insurance Company 10677 INSURED INSURER B Builders Insurance Company 10704 Allen-Batchelor Construction Co Inc INSURER C: 1063 Franke Industrial Dr INSURERD: INSURER E: Augusta GA 30909 INSURERF: COVERAGES CERTIFICATE NUMBER:16-17 with no BR 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 SUER POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR PRRENTED PREEMMI ESESSl(Ea occurrence) $ 500,000 X EPP 0066982/EBA 0066982 3/24/2014 3/24/2017 MED EXP(Any one person) $ 10,000, PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT- X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS X AUTOS EPP 0066982/EBA 0066982 3/24/2014 3/24/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 0 EPP 0066982/EBA 0066982 3/24/2014 3/24/2017 $ WORKERS COMPENSATION X PER " OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? y B (Mandatory in NH) WCV001929115 3/29/2016 3/29/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L..DISEASE-POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment EPP 0066982/ERA 0066982 3/24/2014 3/24/2017 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Augusta Utilities Department and Christopher Booker & Associates are included as additional insureds with respects to general liability per form GA 233 02 07-General Liabliity Broadend Endorsement. Includes conformance to specific certificate requirements CG2010/CG2037 and a waiver of subrogation. Workers compensation includes a blanket waiver of right to recover from others endorsement per form WC 00 03 13. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Augusta Utilities Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 452 Walker Street ACCORDANCE WITH THE POLICY PROVISIONS. Augusta, GA 30901 AUTHORIZED REPRESENTATIVE Morris Moss/TERRI ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(7014011 • ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Care,Custody or Control Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 100,000 2,500 Ref# Description Coverage Code Form No. Edition Date Voluntary Property Damage VOLPD Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000 250 Ref# Description Coverage Code Form No. Edition Date Limited Fungi or Bacteria Property Damage Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 50,000 50,000 2,500 Ref# Description Coverage Code Form No. Edition Date Lawn Care Services Coverage Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium see policy Ref# Description Coverage Code Form No. Edition Date Employee Benefits EBLIA Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 3,000,000 1,000 Ref# Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# Description Coverage Code Form No. Edition Date Non-owned NOWND Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 Ref# Description Coverage Code Form No. Edition Date Hired/borrowed H RD B D Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXPO1 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$6,544.00 Ref# Description Coverage Code Form No. Edition Date Schedule Mod Factor 1 SCH01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$2,405.00 Ref# Description Coverage Code Form No. Edition Date Expense constant EXCNT Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $250.00 OFADTLCV Copyright 2001,AMS Services,Inc. - ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Drug Free Credit DRUGF Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$2,396.00 Ref# Description Coverage Code Form No. Edition Date Premium discount PDIS Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$3,683.00 Ref# Description Coverage Code Form No. Edition Date Managed Care Option MCARE Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Blkt WOS $500.00 Ref# Description Coverage Code Form No. Edition Date Deductible Mod Factor DEDFC Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$3,472.00 Ref# Description Coverage Code Form No. Edition Date WC& Employer's liability WCEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 1,000,000 1,000,000 2,500 Flat Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form.No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001,AMS Services,Inc. a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage(Coverage b.) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured-Specified Relationships: 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits; and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property 14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds-Specified Health Care Services: 14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a. $250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er b This insurance ror or omission of the in- damages applies to sured, or of any other per damages only if the act, er- son for whose acts the in- gently or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- administration of your plies. We will have the right employee benefit pro- and duty to defend the in- gram"; and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- suit. But: fective date of this endorsement. 1) The amount we will pay You will be for damages is limited as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles;or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or orris- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of injury", "propertyliability imposed on a fiduci- "Bodily 1ur y ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (j) Employment-Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, evaluation, reassign- 1) Failure of any invest- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- . humiliation, discrimina- formation on past per tion or other employ Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of (1), (2) or trustees. (3)above. This exclusion applies (2) Each of the following is also an pp insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your "employee benefit program" SECTION I - COVERAGES, if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint yen- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business, whichever is earlier; and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- sureds, but only with re- c. Limits of Insurance spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages (c) Persons or organizations sustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement is the most we will pay for all defend the insured damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam- committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon notification of the action (a) An act, error or omission; or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - administration of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this method also. Under (2) Notify us as soon as practicable. this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or "suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or "suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: 5. Other Insurance (1) The following definitions are added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams"; or other insurance by the d. Effecting, continuing method described in b. terminatingany belw ."em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 • in any benefit included benefits, workers' corn- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- a. Handling payroll de- grams; leave of ab- or sence programs, in- ductions; cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- ceeding in which money 2. "Cafeteria plans" means damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro- ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in- b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an "em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- ance, such failure. social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex- a. The last Subparagraph of Paragraph pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or secretions, by in- Exclusions c.through q.do not apply sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow b. The insurance provided under SEC- ing: TION I -COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are 2) Water that backs upor both rented to and occupied by you. overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b.above: 3) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 caused by or resulting 5. Medical Payments from rain, snow, sleet or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Coy- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lim- Exclusions, j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B.Limits of lowing: Insurance, 6. Voluntary. Property Up to the limit shown in Section B. Damage and Care, Custody or Limits of Insurance, 4.a. Bail Bonds Control Coverage of this - of this endorsement for cost of bail endorsement with h respect to cover - of provided by this endorsement. bonds required because of accidents These limits are inclusive of and not or traffic law violations arising out of in addition to the limits being re- the use of any vehicle to which the placed. The Limits of Insurance Bodily Injury Liability Coverage ap- shown in Section B. Limits of Insur- plies. We do not have to furnish ance, 6. Voluntary Property Dam- these bonds. age and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing "suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 • b. Deductible Clause 9. Automatic Additional Insured - Speci- fied Relationships (1) Our obligation to pay damages on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: occurrence which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement; or (2) Condition 2.Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- suit irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod; and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense to which this insurance Subparagraph a. of Paragraph 4. is would apply; and hereby deleted and replaced by the fol- . lowing: (b) They are not specifically named as an additional in- a. Insurance under this provision is af- sured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; 8. Waiver of Subrogation (2) Only the following persons or organizations are additional in- SECTION IV-COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or "your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence" giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request,the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose(b) Any person or organization oinspection, on, from which you lease tdemonstration,ting, or testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes to make in (c) Any person or organization the usual course (referred to below as yen- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products" which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1) The insurance afforded the sale of the the vendor does not product; apply to: a) "Bodily injury" or g) Products which, after"property damage" sale by distribution have for which the yen- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you menta have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the ing out of operations products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability(d) Anystate orpolitical subdi- arising out of "your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, (3) Any insurance provided to an manholes, marquees, additional insured designated hoist away openings, under Paragraph 9.a.(2): sidewalk vaults, street banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury" or "property damage" 2) The construction, erec included within the "prod- tion, or removal of ele ucts-completed operations vators;or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e)and (f) does not apply to elevators covered by bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1) Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 p • of the additional in- spects any other insurance sured; or policy issued to the addi- tional insured, and such 2) The rendering of, or other insurance policy shall failure to render, any be excess and/or noncon- professional architec- tributing, whichever applies, tura!, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, arch i- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an additional insured by 3) "Your work" for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f)above only: Part, whichever are less. If no limits If a written contract or are specified in the written contract agreement between you or agreement, or if there is no written r the taitional iou contract or agreement, the limits ap- specifiesand that coverage for plicable to the additional insured are the additionaltinsured:those specified in the Declarations of this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 • tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought; or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached. If, how only to the amount of dam- ever, the written contract or ages for each "occurrence" agreement specifies the In- which are in excess,of the surance Services Office Deductible amount stated in additional insured form Section B. Limits of Insur- number CG 20 10 but does ance, 11. of this endorse- not specify which edition, or specifies an edition that ment. The limits of insur does not exist, Paragraphs ance will not be reduced by 9.a.(3)(a) and 9.a.(3)(b) of the application of such De- this endorsement shall not ductible amount. apply and Paragraph 9.b. of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability-Work plies to each claim or "suit" Within 50'of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1) of (c) We may pay any part or all Definition 12. "Insured contract" (SEC- of the deductible amount to TION V-DEFINITIONS) is deleted. effect settlement of any claim or "suit" and, upon 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I- COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians; or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this Paragraph a. of Condition 2. Duties in endorsement. Theseot limits are the vnt of Occurrence, Offense, inclusive of and not inceadd.tion to Claim or Suit (SECTION IV - COMMER- Limitsthe limits being replaced. The CIAL GENEAL LIABILITY CONDI- of Insurance shown in Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a. You must see to it that we are noti- nesses; and fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the "occurrence" or offense. possible, notice should include: This requirement applies only when (1) How, when and where the "oc- the "occurrence" or offense is known currence" or offense took place; to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15 pt WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4.-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "ALL WRITTEN CONTRACTS THAT REQUIRE A WAIVER OF SUBROGATION" a This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WCV 0019291 14 Endorsement No. Insured ALLEN BATCHELOR CONSTRUCTION CO INC p� Insurance Company BUILDERS INSURANCE COMPANY Countersigned by WC 00 03 13 (Ed.4-84) Copyright 1983 National Council on Compensation Insurance.