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HomeMy Public PortalAboutORD08834 �i { I BILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY OF JEFFERSON TO EXECUTE A CONTRACT FOR THE CONSTRUCTION AND ERECTION OF FIRE STATION NO. 1 AT HIGH AND BOLIVAR STREETS WITH CURTISS-MANES CONSTRUCTION, INC. , OF ELDON, MISSOURI. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, �I AS FOLLOWS: SECTION 1. The Mayor and the Clerk 'of the City of Jefferson are:.hereby �authorixed and directed to execute a contract for the construction and erection of Fire Station No. 1 at High and Bolivar Streets with Curtiss-Manes Construction Company, Inc. in the amount of three hundred ten thousand three hundred eighty- six dollars ($310,386. 00) . SECTION 2. The contract shall read in words and figures as follows: ($ee attached Exhibit A. It is incorporated herein as though fully set forth. ) SECTION 3: This ordinance shall take effect and be in farce on -the 8th day of April, 1976 . I Passed - Approved , j $ �q esi ent he Council Mayo . Attest: Ci y Clerk HILL NO* JILL xNTRODUCFD BX COUNCILMAN i ORDINANCE NUMBER ?7f � 7 'N f .. •ri r1 I.. • f CITY OF' JEFFERSON, .DIS$OUAN'. ORDINANCEO RI, AUTHORIZING„T _ HE .-khtbA`,AND..THE.'CXTY '.CLERK OF THE CITY-OF JEFFERSON TO EXECUTE' 41 :. C616 kA, FOR-.THE: CONSTRUCTION AND. ER,LCTION' OF FIRE STATION.;N6. 1 'AT..,HIGH AN' D, B4OLXi -STREE7'S''WITH CURTSSS-MANES' CONSTRUCTION :' :.INC.' ' OF ELbWy, AISSOURI. . BE IT. .ORDAINED',-BY THE COUNCIL OF 'THE ?CITY:OF JEFFERSON MISSOURI� y a •AS. FOLLOWS't ` 'SECTION.1•', The Mayor and the '.Clerk` of tie ,Cit of Jefferson " = , oral h� 3►suthoeiied and:•directed to execute a contract, far the' construotion and erection. mf �'ixe Station 'No• l at High 'and , Bolivar' Sfireeta with Curtiss-Manes Construct ,on,Company, 2nc, in:'the amount of .three'.hundred ten thousand' three hundred ei ht * r six dollars .($'310 91 386.00) .., } ' r= .' SECTION' 2•_ Y mhe" contract 'shall "read 'in .wards::and,: f figures 'as , - •4.'F\ J ., ,Y'' .. r .. .1 N. Cam. ., ( fiattacl�ed`. xhibi't A:y �' t is ::incorporaated, , Men asr .though ful+4y' a'eti 7 6rt.h. ) z' � SECTION 3:' t Th39 ordinance :shall take effect arid• 'be in farce r oii. day,:r`of a� r�,1;,, 19,6• Passed . . Approved e i hrV>/r1 "\ ` ,J*}+.•' .• • a \� Count 1' r .".VAy. i• } j F k, Attest: , :•; ; r °\t Ci Cler)s { THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Fora of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only �Wth She latest Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made this eighth day of April in the year of Nineteen Hundred and Seventy—six BETWEEN the Owner: The City of Jefferson Jefferson City, Missouri 65101 and the Contractor: Curtiss-Manes Construction Co., Inc. P. 06 Box 233 Eldon, Missouri 65026 ' the Project: Fire station # 1 High Street at Bolivar Street Jefferson City, Missouri 65101 the Architect: The Architects Alliance 1431 Southwest :Boulevard Jefferson City, Missouri 65101 The Owner and the Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIAO • 01974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda Issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These-form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for General. Construction, (Hen insert thk caption detcriptive of the Work as used on other Contract Documents.) (inoluding Mechanical and Electrical Construction work.) i ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION E The Work to be performed under this Contract shall be commenced within ten (10) calendar days and completed within three hundred (300) oalendar days thereafter (Here insert any special provisions for liquidated damages relating so failure to complete on time.) The Contractor shall pay to, or allow the Owner as liquidated `- damage, the sum of one hundred dollars ($100.00)9 for each calendar day thereafter, Sunday a2d Holidays included, that the work remains incomplete. f • 1 f fj AIA DOCUMENT A101• OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIND • 01974 I THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 Z k i ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of Three hundred ten thousand. three hundred eighty—six and no/100 dollars (8310,386.00) as detailed below (state hose the sump sum amount,unit prices,or both,a desired,) For General Construction — Base Bid $305,215900 For Alternate Aso. 1 — Concrete Paving 3,174.00 For Alternate No. 2 — Carpeting 1,997.00 Total, Stipulated Sum $310,386.00 Unit Prices as set forth in Article 3' of the Proposal Form are a part of this contract. ARTICLE 5 PROGRESS PAYMENTS 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 pro- vided in the Conditions of the Contract as follows: On or about the twentieth day of each month ninety (90) per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety (90) per cent of the portion of the Contract Sum properly allocable to materials and equipments tabby stored at the site or at some other location agreed upon in writing by the parties, up to ten 005 days prior to the date on which the Application for Payment is submitted, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety (90) per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (it not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Application for payment shall be submitted to the Architect by the Contractor after the first and not later than the tenth day of each month. , Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the place of the Project. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT JANUARY 1974 EDITION • AIA© 01974 THE AMERICAN INSTITu'rE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C, 20006 3 ' 4 • r ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpald balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty (30) days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work ha% then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings I designated1n those Conditions, f 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed f In Article 1 and,except for Modifications issued after execution of this Agreement,are enumerated as follows: (List below the Agreement,Conditions of the Contract(General,supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates,showing page or sheet numbers in all cases and dates where applicable.) Speoifioations, dated February 16, 1976, Bound Complete Working Drawings: Sheets A-1 through A-13, S-1, S-21 M-1 through M-4, and E-1 through E-4, all dated February 16, 1976 General Conditions, AIA Document A201 , 1970 Edition ® Addendum No. 1 (dated'March 9, 1976) 26 pages plus 5 sheets of N 8 1/2 x 11 drawings. Sheets E-1 through E-4 dated February 16, 1976, reissued with addendum notations and revisions. Addendum No. 2 (dated March 10, 1976) one page f i Proposal Form P-1 thru P-5 dated March 15, 1976 attached. This Agreement executed the day and year first written above. OWNER e y of ff son CONTRACTOR Mayor AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • )ANUARY 1974 EDITION • AIA® • ®1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 4 1. PRONOGAL F'OHM i Bid Times 8s00 Y.M. laid Late s_ March 15-i-_1.9.76- FI�CMs CMUSS-MATES CONSTRUC"LION CO.P INGO t F4F 4 P.0. BOX 233. ELWNIISSOURT 65026 hereinafter called the Bidder. TO: The City of Jefferson Jefferson City, Missouri 65101 __-hereinafter called the Owner. f FORS Fire Station No. 1 '' XcCarty Street at Adams Street -- Jefferson City, Missouri 65101 hereinafter called "the work". GaL�T• 1. The undersigned, having examined and being familiar with the local conditions affecting the worx and with the contract documents including the drawings, the Notice to Contractors, .Instructions to Bidders, State- ment of Bidders Qualifications, General Conditions, Supplementary General Conditions, Project General Requirements, and the+bodyechnical-speci- -fieationa, including adeenda 1 through _2 r inclusive as issued by the Architect, 'The Architects Alliance, Inc., hereby pur- pose to furnish all labor, materials, equipment, services, etc., required t for the performance and completion of the aforementioned work, as follows: P-1 r • BASE BID Threo Hundred, Five Thousand, Two Hundred, fifteen no/100 ( 305i215.0() Lollars. ; 2, FOR ALTERNATES (Identify time extension required, if any). Consideration m4 be given to costs of Alternates in awarding the Contract. Alternate No, 1 , Concrete in place of asphalt paving at Basement level parking area, (Add) Three Thousand, One Hundred, Seventy-four no/100 (i 3,174.00) Dollars. Alternate No, 2, Carpeting in place of V/A Tile, per Room Finish Schedule (Add) One thousand, Nine hundred, Ninety-seven no/100 (E 1,997.00) Dollars. — _41ternate No.- 31, Finish .painting in Apparatus Bay, per Room Finish Schedule and add 4" vinyl base (Add)�Three�thousand, One hundred, seventy-nine no/100 (S 39179.00) Dollars. Alternate No. 49 Add Landsoaping, Section 2E One Thousand and no/100 s�__ s 1,000.00) Dollars. Alternate No. 5, Section 6B - WOOD CASEWORK, (Add) Seven thousand, Five hundred, Ninety no/100 (S 7,590.00) Dollars. Alternate No. E-1, Kitchen equipment master disconnect switch (Drawing Sheet E-3)9(Ad.d) Four Hundred, Twenty-four no/100 (3 424.00 ) Dollars. .'3. UNIT PRICES For- changing specified quantities of work From those indicated'by the contract drawing's and specifications, upon written instructions of Owner, the following unit prices shall prevail. The following unit prices include all labor, overhead, profit, materials, equipment, appliances, bailing, shoring, shoring removal, , P-2 eto. , to cover the finished work of the several kinds of work called for. Only a single unit price shall be given and it shall apply for either MORE or LESS work than that shown on the drawings and called for in the specifications or included in the Base Bid. 1n the event of more or less units than so indicated or included, change orders shall be issued for the increased or decreased amount. Consideration of unit prices may- apply to award of Contract. a) For drilling 30" piers, earth$- mores S per foot of depth. Lees: S 1_On per foot of depth. b) For drilling 30" piers, rock, mores S 50_00 per foot of depth. } less: $ o_OQ per foot of depth, t c) For concrete in piers, S 29.92 per cubic yard. d) For reinforcing steel in piers, S 0_19 per pound. e) General Earth Excavation 3 _60 per cubic yard. f) Neat Earth Excavation S per cubic yard. g) General Rock Excavation S 48.00 per cubic yard. h) Neat Rock Excavation S 66_00 per cubic yard. E 4. In submitting this bid it is understood that the right is reserves by the Owner, to reject any and all bids and it is agreed that the bids shall not be withdrawn for a period of thirty days from the specified AM --*Ame for -receiving bids. 5. Accompanying this bid is a (bid bond) ( ) ( s P-3 -ehav,16,) in the amount of (5% of the base bid amount) ® Dollars (S ) payable with- out condition to the Owner, which it is agreed shall be retained as liquidated damages fox- the delay and extra expense caused the Owner if the undersigned. fails to execute the contract and furnish the bond required by the contract documents. 6. The Contractor agrees to complete the work 300 ealenda_�r " from the date of the contract, and further agrees to pay to, or allow the Owner as liquidated damages the sum of One hundred and no/100 Dollars­(S 10d.00)-, for each calendar day thereafter, Holidays.included, .that the work remains incomplete. 7. The Bidder hereby certifiers . -That-the proposal is genuine and is not made in the interest of or-on behalf of any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association or corporation; f That he has not directly or indirectly induced or solicited any other bidder to put in a false or sham proposal; --That he has not solicited or induced any person, firm or corporation to refrain from bidding; and, ' r That he has not sought by collusion or otherwise to obtain for himself any advantages over any other bidder or over the Owner. P-4 Bidder will not discriminate against any employee or applicant for employment because of race, creed, color or national origin in con-4 nection with the performance of the work. 8. Dated this ...-.1St_h�•- day of —&rrah •IF AN INDIVIDUALs Name of Individual State Residence Address: Firm Name, If Any " -• -'--' -Xddress for Communications. IF A PARTNERSHIPS State Names and Residence Address Name of Partnership of all Partners: Partner Partner Address for Communications IF A CORPORATION: _ CURTISS-WES CONSTRUCTION CO., INC. 1. Incorporated under the laws .of of Corporation the State of Missouri i Joe Curtiss, President 2. Licensed to do business in Missouri: Name and Title of Officer Yes No�� (Check One) r , (ATTEST) P-5 r ' P. 0, Box 233 . Eldon, Mo. 65026 ��/Iw �YY YYY�ii.�1YlY�Y�A��rr�r r Address for Communications R. A. Manes I (SEAL) (Each bidder must complete the Proposal Form by signing in the proper signature line above and by supplying the required information called for in connection with the signature. The information called for is necessary in the proper preparation of the contract and. performance bond. Each bidder must supply the data called for in hte required. Contractor's Qualification Statement. (AIA Document A3059 1969 Edition). r • k l j P-6 r', . THE AMERICAN INSTITUTE OF ARCHITECTS g � 3� AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 9. PAYMENTS AND COMPLETION 2. ARCHITECT 10. PROTECTION OF PERSONS AND 3. OWNER PROPERTY 4. CONTRACTOR 11. INSURANCE 5. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. SEPARATE CONTRACTS 13. UNCOVERING AND CORRECTION 7. MISCELLANEOUS PROVISIONS OF WORK 8. TIME 14. TERMINATION OF THE CONTRACT This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1911,1915,1918,192S,1937,1951,1958,1961,1963,1966,1967,m 1970 by The American Institute of Architects,1735 New York Avenue,N.W.,Washington, D. C.20006. Reproduction of the material herein or substantial quotation of its provi- sions without permission of the AIA violates the copyright laws of the United Stales and will be subject to legal prosecution. AIA DOCUMENT A211•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•TWELFTH EDITION •APRIL 1970 ED. AIM • 0 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 (THIS PAGE IS BLANK) AIA DOCUMENT A201•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•TWELFTH EDITION •APRIL 1970 ED. 2 AIM • 0 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 AIL INDEX Acceptance of Defective or Non-Conforming Work..... .13.3 Contracts, Separate ....................................6.1 Access to Work ....................................2.2.3 CONTRACTOR .... ................................4 Accident Prevention .. .........................2.2.4, 10 Contractor, Definition of .. .....................4.1 Addendum, Definition of .......... ..................1.1.1 Contractor, Stopping the Work by the . ...........9.6.1 Additional Costs, Claims for .........................12.2.1 Contractor, Termination of the Contract by the ..........14.1 Additional Work .. ...........................12 Contractor's Liability Insurance ...11.1 Administration of the Contract .........................2.2 Contractor's Relations with Subcontractors ..........1.2.4, 5.3 Agreement, Extent of ...............................1.1,1.2 Contractor's Responsibility for Protection Allowances, Cash ....................................4.8.1 and Safety ......... ... .....................10.1,10.2 Applications for Payment ........2.2.5,9.2.1,9.3.1,9.3.3,9.4.1, Contractor's Responsibility for Those 9.4.2,9.5.1,9.6.1,9.7.2 Performing the Work ..............................4.10 Arbitration,Owner-Contractor Claims and Contractor's Review of Contract Documents ........1.2.2, 4.2 Disputes .......................2.2.6 through 2.2.12, 7.10 Contractor's Superintendent ....................4.9.1, 10.25 ARCHITECT .......... .................................2 Contractor's Supervision and Construction Architect, Definition of .. ..........................2.1 Procedures ... .. ...................43 Architect's Access to the Work ........................2.2.3 Contractors, Mutual Responsibility of ...................6.2 Architect's Authority ...2.2.2, 2.2.12,2.2.14, 2.2.17,4.17, 12.1.2 Copies Furnished of Drawings and Specifications ........1.3.1 Architect's Authority to Reject Work ..................2.2.12 Correction of Work ..................................13.2 AM Architect's Decisions ....................2.2.6 through 2.2.12 Cutting and Patching of Work . .................. ,.....4.15 VW Architect's Interpretations ....1.2.5,2.2.6 through 2.2.11,12.1.6 Cutting and Patching Under Separate Contracts ..........63 Architect's Full-Time Project Representative ............2.2.16 Architect's Status ................................ ....2.2 Damages, Claims for ...............................7.4,8.3 Architect's Visits to Site ...........2.2.3,2.2.4, 2.2.15, 7.8, 9.7 Damages for Delay ..................................8.3.4 Day, Definition of ...................................8.1.4 Bonds,Contract(Performance, Labor and Debris Removal ........ .. ..................4.16, 6.4 Material Payment) ..................................7.5 Deductions for Uncorrected Work ...................133.1 Builder's Risk Insurance (See Property Insurance) ........11.3 Defective or Non-Conforming Work, Acceptance of ..... ..............................13.3 Cash Allowance.. ... .................................4.8.1 Delays and Extensions of Time ..........................83 Certificates for Documents, Execution of the Contract .................1.2.1 Payment ..........2.2.5,2.2.15, 5.4.2,9.4,9.5.1,9.6.1,9.7.2 Drawings and Specifications at the Site ... .............4:12 CHANGES IN THE WORK ..............................12 Drawings and Specifications, Ownership of .............13.2 Changes, Minor ................................2.2.14,12.3 Drawings, Arrangement of ............................1.2.4 Change Orders ............ .............2.2.14,4.8.1, 12.1 Drawings as Written Interpretations ....................1.25 Change Orders, Definition of ........................12.1.2 Claims and Disputes Between the Contractor Easements ..........................................3.2.2 and the Owner .. ..............2.2.6 through 2.2.12, 7.10 Emergencies ......................103 Claims for Additional Cost or Time ........8.3.2, 8.3.3,12.1.6, Execution, Correlation, Intent and Interpretations 12.1.7,122 of the Contract Documents ..........................1.2 Claimsfor Damages ................................7.4,8.3 Extensions of Time ................................8.3,12.1 Claims of the Subcontractor .........................5.3.1.4 Extras ................................................12 Cleaningup .....................................4.16, 6.4 Failure of Payment ....................................9.6 Codes ......... .. ......................4.7.2,10.2.2 Field Orders ...............................1.25,123,12.4 Commencement of the Work .....................7.5.1,8.1.2 Final Payment .... ..................9.7 Communications .. ... ...........2.2.2,3.2.4,4.9.1,4.17 Fire,Extended Coverage,Vandalism and COMPLETION, PAYMENTS AND ..........................9 Malicious Mischief Insurance ......................113.1 Completion,Substantial ............... 2.2.15,8.1.3, 8.2.3,9.7 Governing Law .......................................7.1 Contract, Definition of ...............................1.1.2 Guarantee Bonds ................................. ..75 ContractBonds ......... .............................7.5 CONTRACT DOCUMENTS ................1 Guarantee ....................................9.3.3,13.2.2 Contract Documents,Copies Furnished and Indemnification ... .. .. .................4.18 Ownership of .. ............ .....................1.3 Information and Services Required of the Owner ..........3.2 Contract Documents, Definition of .................1.1.1 Inspections .. .. ....................2.2.15,7.8,9.7 Contract Documents, Execution, Correlation, Instructions to the Contractor ....................2.2.2, 3.2.4 Intent and Interpretations ....................... .1.2 INSURANCE .. ..............................11 Contract Modifications . ...................1.1.1, 1.2.5,12 Insurance, Builders Risk (See Property Contract Sum, Changes of ........................12.1, 12.2 Insurance) ......................................11.3.1 Contract Sum, Definition of ...........................9.1.1 Insurance, Contractor's Liability ........................11.1 Contract Termination by Contractor ....................14.1 Insurance,Fire,Extended Coverage, Contract Termination by Owner ..................... .14.2 Vandalism, and Malicious Mischief ................11.3.1 Contract Time .......................................8.1.1 Insurance, Loss of Use ................................11.4 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•TWELFTIi EDITION•APRIL 1970 ED. AIA* • m 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 3 Insurance, Owner's Liability ...........................11.2 Property Insurance ...... ... ............11.3 Insurance, Property ...................................11.3 PROTECTION OF PERSONS AND PROPERTY ..............10 Insurance, Special Hazards ..........................11.3.5 Insurance, Steam Boiler and Machinery ................11.3.2 Regulations .............................4.7.2, 10.2.2 Interest ... ... .............................7.9.1 Rejection of Work .. ........................2.2.12, 13.2 Interpretations and Decisions Releases of Waivers and Liens ........ ...........9.7.3,9.7.5 of the Architect .....................2.2.6 through 2.2.12 Responsibility for Those Performing the Work ......4.10,9.7.1 Interpretations, Written ................1.1.1, 1.2.5,12.3,12.4 Retainage .................. ... ........5.4.2,9.7.3,9.7.4 Review of Contract Documents by the Contractor .....1.2.2,4.2 Labor and Materials ...............................4.4, 43 Royalties and Patents ..................................7.7 Labor and Material Payment Bond ............ .........7.S Rights and Remedies ................................ .7.6 Laws ...... ..............................4.6, 4.7, 7.1, 10.2 Safety of Persons and Property . •10.2 Liens ..........................................9.7.3,9.7.S Safety Precautions and Programs ..................2.2.4, 10.1 Loss of Use Insurance ...............................11.4.1 Samples, Shop Drawings and ....................2.2.13, 4.13 Materials, Labor and .4.4,4.5 Schedule of Values ................................. •9.2 Schedule, Progress •4.11 Minor Changes In the Work . ..............1.1.1,12.3,12.4 SEPARATE CONTRACTS .... .. ..............6 MISCELLANEOUS PROVISIONS ..........................7 Separate Contracts, Owner's Right to Award .............6.1 Modifications to the Contract ......................1.1.1, 12 shop Drawings and Samples ....................2.2.13, 4.13 Mutual Responsibility of Contractors ....................6.2 Site, Use of ...................................4.14.1 Non.Conforming Work,Acceptance of Special Hazards Insurance .... .......................11.3.5 Defective or .... ...............................13.3.1 Specifications, Organization of ........................1.2.4 Notice of Testing and Inspections .......................7.8 Steam Boiler and Machinery Insurance .................11.3.2 Noticeto Proceed ...................................8.1.2 Stopping the Work ....................................3.3 Notice, Written ......... .............................7.3 SUBCONTRACTORS ....................................5 Notices, Permits, Fees and ............................4.7 Subcontractor, Claims of .. ........................5.3.1.4 Subcontractor, Definition of ..................... ....5.1.1 OWNER .............................................. . 1 2 .3 Subcontracts, Award of ........................... .4, S.2 Owner, Definition of ............ .....................3.1 Subcontractual Relations .... ........................5.3 Owner,Termination of the Contract by the ..............14.2 Substantial Completion and Final Payment ..........2.2.15,9.7 Owner's Information and Services .......................3.2 Substantial Completion, Date of ............2.2.15, 8.1.3,8.2.3 Owner's Liability Insurance . ... ...................11.2 Sub-subcontractor, Definition of .......................5:1.2 Owner's Right to Carry Out the Work ....................3.4 Subsurface Conditions ..............................12.1.6 Owner's Right to Clean Up ........ ..............4.16.2,6.4 Successors and Assigns . ... .... ....................7.2 Owner's Right to Award Separate Contracts ..............6.1 Supervision and Construction Procedures ...............4.3.1 Owner's Right to Stop the Work ..................3.3 Superintendent, Contractor's ....................4.9.1, 10.2.5 Ownership of Drawings and Specifications ..............1.3.2 Surveys '.............................................3.2.1 Patching of Work ...............................4.15 Taxes ... ... .. .4.6 Patching of Work Under Separate Contracts ..............6.3 Termination by the Contractor .......... ..............14.1 Patents, Royalties and ................................7.7.1 Termination by the Owner ............................14.2 PAYMENTS AND COMPLETION .. .. .... .........9 TERMINATION OF THE CONTRACT ......................14 Payment,Applications for .......2.2.S,9.2.1,9.3.1, 9.3.3,9.4.1, Tests ..........................................2.2.12, 7.8 9.4.2,9.5.1,9.6.1,9.7.2 TIME .. .. .....................................8 Payment, Time, Definition of ....................................8.1 Certificates for . ..2,.2.5,2.2.15,5.4.2,9.4,9.5.1,9.6.1,9.7.2 Time, Delays and Extensions of ................8.3,12.1,12.2 Payment, Failure of ...................................9.6 Title of Work ......................................9.3.3 Payment, Final ..................................2.2.10,9.7 UNCOVERING AND CORRECTION OF WORK ............13 Payments,Progress .................................9.3,9.4 Uncovering of Work . 13.1 Payments to Subcontractors ..................... 5.4 """"""""' """ ...... ....... . Payments Withheld ....................................9.5 Unit Prices ..... ..........................12.1.3, 12.13 Performance Bond ..7.5 Use of Site ..........................................4.14 .......... Permits, Fees and Notices ..............................4.7 Values, Schedule of ....................................9.2 PERSONS AND PROPERTY,PROTECTION OF ..............10 Progress and Completion ...............................8.2 Waiver of Claims by the Contractor ....................9.7.6 Progress Payments .................................9.3,9.4 Waiver of Claims by the Owner .......................9.75 Progress Schedule ....................................4.11 Warranty ....... ............4.5 9.3.3 Project, Definition of ......... j ..1.1.4 Words, Recognized Meanings of ......................1.2.3 ..................... Project Loss or Damage Insurance ......................11.3 Work, Definition of ..................................1.1.3 Project Representatives, Full-Time .....................2.2.16 Written Notice ...........................,............7.3 AIA DOCUMENT A201•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION'•TWELFTH EDITION •APRIL 1970 ED. 4 AIAO • 0 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 as provided in Subparagraph 4.4.1 necessary for the proper execution and completion of the Work. It is not CONTRACT DOCUMENTS intended that Work not covered under any heading, section, branch, class or trade of the Specifications shall 1.1 DEFINITIONS be supplied unless it is required elsewhere in the Contract Documents or is reasonably inferable therefrom as being 1,1,1 THE CONTRACT DOCUMENTS necessary to produce the intended results. Words which The Contract Documents consist of the Agreement, the have well-known technical or trade meanings are used Conditions of the Contract (General, Supplementary and herein in accordance with such recognized meanings. other Conditions), the Drawings, the Specifications, all 1.2.4 The organization of the Specifications into divi- Addenda issued prior to execution of the Contract, and sions, sections and articles, and the arrangement of all Modifications thereto. A Modification is (1) a written Drawings shall not control the Contractor in dividing amendment to the Contract signed by both parties, (2) the Work among Subcontractors or in establishing the a Change Order, (3) a written interpretation issued by extent of Work to be performed by any trade. the Architect pursuant to Subparagraph 1.2.5, or (4) a written order for a minor change in the Work issued by 1.2.5 Written interpretations necessary for the proper the Architect pursuant to Paragraph 12.3. A Modification execution or progress of the Work, in the form of draw- may be made only after execution of the Contract. ings or otherwise, will be issued with reasonable prompt- ness by the Architect and in accordance with any 1,1,2 THE CONTRACT schedule agreed upon. Either party to the Contract may The Contract Documents form the Contract. The Contract make written request to the Architect for such inter- represents the entire and integrated agreement between pretations. Such interpretations shall be consistent with the parties hereto and supersedes all prior negotiations, and reasonably inferable from the Contract Documents, representations, or agreements, either written or oral, and may be effected by Field Order. including the bidding documents. The Contract may be 1.3 COPIES FURNISHED AND OWNERSHIP amended or modified only by a Modification as defined in Subparagraph 1.1.1. 1.3.1 Unless otherwise provided in the Contract Docu- ments, the Contractor will be furnished, free of charge, 1.1.3 THE WORK all copies of Drawings and Specifications reasonably nec- The term Work includes all labor necessary to produce essary for the execution of the Work. the construction required by the Contract Documents, 1.3.2 All Drawings, Specifications and copies thereof and all materials and equipment incorporated or to be furnished by the Architect are and shall remain his prop- incorporated in such construction. erty. They are not to be used on any other project, and, 1.1.4 THE PROJECT with the exception of one contract set for each party to the Contract, are to be returned to the Architect on re- The Project is the total construction designed by the quest at the completion of the Work. Architect of which the Work performed under the Con- tract Documents may be the whole or a part. ARTICLE 2 1.2 EXECUTION,CORRELATION,INTENT AND INTERPRETATIONS ARCHITECT 1.2.1 The Contract Documents shall be signed in not less 2.1 DEFINITION than triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Condi- 2.1.1 The Architect is the person or organization licensed etions of the Contract, Drawings, Specifications, or any practice architecture and identified as such in the A of the other Contract Documents, the Architect shall Agreement and is referred to throughout the Contract identify them. Documents as if singular in number and masculine in gender. The term Architect means the Architect or his 1.2.2 By executing the Contract,the Contractor represents authorized representative. that he has visited the site, familiarized himself with the 2.1.2 Nothing contained in the Contract Documents shall local conditions under which the Work is to be per- create any contractual relationship between the Architect formed, and correlated his observations with the require- and the Contractor. ments of the Contract Documents. 1.2.3 The Contract Documents are complementary, and 2.2 ADMINISTRATION OF THE CONTRACT what is required by any one shall be as binding as if 2.2.1 The Architect will provide general Administration required by all. The intention of the Documents is to of the Construction Contract, including performance of include all labor, materials, equipment and other items the functions hereinafter described. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•TWELFTH EDITION •APRIL 1970 ED. AIAO - © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 S 2.2.2 The Architect will be the Owner's representative which have been waived by the making or acceptance during construction and until final payment.The Architect of final payment as provided in Subparagraphs 9.7.5 and will have authority to act on behalf of the Owner to the 9.7.6, shall be subject to arbitration upon the written extent provided in the Contract Documents, unless other- demand of either party. However, no demand for arbitra- wise modified by written instrument which will be shown tion of any such claim, dispute or other matter may be to the Contractor. The Architect will advise and consult made until the earlier of: with the Owner, and all of the Owner's instructions to 2.2.10.1 The date on which the Architect has rendered the Contractor shall be issued through the Architect. his written decision, or 2.2.3 The Architect shall at all times have access to the .2 the tenth day after the parties have presented Work wherever it is in preparation and progress. The their evidence to the Architect or have been Contractor shall provide facilities for such access so the given a reasonable opportunity to do so, if the Architect may perform his functions under the Contract Architect has not rendered his written decision Documents. by that date. 2.2.4 The Architect will make periodic visits to the site 2.2.11 If a decision of the Architect is made in writing to familiarize himself generally with the progress and and states that it is final but subject to appeal, no demand quality of the Work and to determine in general if the for arbitration of a claim, dispute or other matter covered Work is proceeding in accordance with the Contract by such decision may be made later than thirty days after Documents. On the basis of his on-site observations as the date on which the party making the demand received an architect, he will keep the Owner informed of the the decision. The failure to demand arbitration within progress of the Work, and will endeavor to guard the said thirty days' period will result in the Architect's deci- Owner against defects and deficiencies in the Work of the sion becoming final and binding upon the Owner and the Contractor. The Architect will not be required to make Contractor. If the Architect renders a decision after arbi- exhaustive or continuous on-site inspections to check the tration proceedings have been initiated, such decision quality or quantity of the Work. The Architect will not be may be entered as evidence but will not supersede any responsible for construction means, methods, techniques, arbitration proceedings unless the decision is acceptable sequences or .procedures, or for safety precautions and to the parties concerned. programs in connection with the Work, and he will not 2.2.12 The Architect will have authority to reject Work be responsible for the Contractor's failure to carry out which does not conform to the Contract Documents. the Work in accordance with the Contract Documents. Whenever, in his reasonable opinion, he considers it 2.2.5 Based on such observations and the Contractor's necessary or advisable to insure the proper implementa- Applications for Payment, the Architect will determine tion of the intent of the Contract Documents, he will the amounts owing to the Contractor and will issue have authority to require special inspection or testing of Certificates for Payment in such amounts, as provided the Work in accordance with Subparagraph 7.8.2 whether y p or not such Work be then fabricated, installed or com- in Paragraph 9.4. pleted. However, neither the Architect's authority to act 2.2.6 The Architect will be, in the first instance, the under this Subparagraph 2.2.12, nor any decision made interpreter of the requirements of the Contract Docu- by him in good faith either to exercise or not to exercise ments and the judge of the performance thereunder by such authority, shall give rise to any duty or responsibility both the Owner and Contractor. The Architect will, of the Architect to the Contractor, any Subcontractor, within a reasonable time, render such interpretations as any of their agents or employees, or any other person he may deem necessary for the proper execution or prog- performing any of the Work. ress of the Work. 2.2.13 The Architect will review Shop Drawings and 2.2.7 Claims, disputes and other matters in question Samples as provided in Subparagraphs 4.13.1 through between the Contractor and the Owner relating to the 4.13.8 inclusive. execution or progress of the Work or the interpretation 2.2.14 The Architect will prepare Change Orders in ac- of the Contract Documents shall be referred initially to cordance with Article 12, and will have authority to order the Architect for decision which he will render in writing minor changes in the Work as provided in Subparagraph within a reasonable time. 12.3.1. 2.2.8 All interpretations and decisions of the Architect 2.2.15 The Architect will conduct inspections to deter- shall be consistent with the intent of the Contract Docu- mine the dates of Substantial Completion and final com- ments. In his capacity as interpreter and judge, he will pletion, will receive and review written guarantees and exercise his best efforts to insure faithful performance by related documents required by the Contract and assembled both the Owner and the Contractor and will not show by the Contractor and will issue a final Certificate for partiality to either. Payment. 2.2.9 The Architect's decisions in matters relating to 2.2.16 If the Owner and Architect agree, the Architect artistic effect will be final if consistent with the intent of will provide one or more Full-Time Project Representatives the Contract Documents. to assist the Architect in carrying out his responsibilities at the site. The duties, responsibilities and limitations of 2.2.10 Any claim, dispute or other matter that has been authority of any Such Project Representative shall be as referred to the Architect, except those relating to artistic set forth in an exhibit to be incorporated in the Contract effect as provided in Subparagraph 2.2.9 and except any Documents. AIA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-TWELFTH EDITION -APRIL 1970 ED. 6 AIA* - 0 1970 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 2.2.17 The duties, responsibilities and limitations of may have, make good such deficiencies. In such case an authority of the Architect as the Owner's representative appropriate Change Order shall be issued deducting from during construction as set forth in Articles 1 through 14 the payments then or thereafter due the Contractor the inclusive of these General Conditions will not be modi- cost of correcting such deficiencies, including the cost fied or extended without written consent of the Owner, of the Architect's additional services made necessary by the Contractor and the Architect. such default, neglect or failure. The Architect must ap- 2.2.18 The Architect will not be responsible for the acts prove both such action and the amount charged to the Contractor. If the payments then or thereafter due the or omissions of the Contractor, any Subcontractors, or Contractor are not sufficient to cover such amount, the any of their agents or employees, or any other persons Contractor shall pay the difference to the Owner. performing any of the Work. ARTICLE 4 2.2.19 In case of the termination of the employment of the Architect, the Owner shall appoint an architect CONTRACTOR against whom the Contractor makes no reasonable objec- 4.1 DEFINITION tion whose status under the Contract Documents shall be that of the former architect. Any dispute in connec- 4.1.1 The Contractor is the person or organization identi- tion with such appointment shall be subject to arbitration. fied as such in the Agreement and is referred to through- out the Contract Documents as if singular in number and ARTICLE 3 masculine in gender. The term Contractor means the Contractor or his authorized representative. OWNER 4.2 REVIEW OF CONTRACT DOCUMENTS 3.1 DEFINITION 4.2.1 The Contractor shall carefully study and compare 3.1.1 The Owner is the person or organization identified the Contract Documents and shall at once report to the as such in the Agreement and is referred to throughout Architect any error, inconsistency or omission he may the Contract Documents as if singular in number and discover. The Contractor shall not be liable to the Owner masculine in gender. The term Owner means the Owner or the Architect for any damage resulting from any such or his authorized representative. errors, inconsistencies or omissions in the Contract Docu- ments. The Contractor shall do no Work without Draw- 3.2 INFORMATION AND SERVICES REQUIRED ings, Specifications or Modifications. OF THE OWNER 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.2.1 The Owner shall furnish all surveys describing the 4.3.1 The Contractor shall supervise and direct the Work, physical characteristics, legal limits and utility locations using his best skill and attention. He shall be solely re- for the site of the Project. sponsible for all construction means, methods, tech- 3.2.2 The Owner shall secure and pay for easements for niques, sequences and procedures and for coordinating permanent structures or permanent changes in existing all portions of the Work under the Contract. facilities. 4.4 LABOR AND MATERIALS 3.2.3 Information or services under the Owner's control 4.4.1 Unless otherwise specifically noted, the Contractor shall be furnished by the Owner with reasonable prompt- shall provide and pay for all labor, materials, equipment, ness to avoid delay in the orderly progress of the Work. tools,construction equipment and machinery,water, heat, 3.2.4 The Owner shall issue all instructions to the Con- utilities, transportation, and other facilities and services necessary for the proper execution and completion of tractor through the Architect. the Work. 3.2.5 The foregoing are in addition to other duties and 4,4,2 The Contractor shall at all times enforce strict dis- responsibilities of the Owner enumerated herein and cipline and good order among his employees and shall especially those in respect to Payment and Insurance in not employ on the Work any unfit person or anyone not Articles 9 and 11 respectively. skilled in the task assigned to him. ®3.3 OWNER'S RIGHT TO STOP THE WORK 4.5 WARRANTY 3.3.1 If the Contractor fails to correct defective Work 4.5.1 The Contractor warrants to the Owner and the or persistently fails to supply materials or equipment in Architect that all materials and equipment furnished un- accordance with the Contract Documents, the Owner der this Contract will be new unless otherwise specified, may order the Contractor to stop the Work, or any por- and that all Work will be of good quality, free from faults tion thereof, until the cause for such order has been and defects and in conformance with the Contract Docu- eliminated. ments. All Work not so conforming to these standards 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK may be considered defective. If required by the Archi- tect, the Contractor shall furnish satisfactory evidence 3.4.1 If the Contractor defaults or neglects to carry out as to the kind and quality of materials and equipment. the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the 4.6 TAXES Owner may, after seven days' written notice to the Con- 4.6.1 The Contractor shall pay all sales, consumer, use tractor and without prejudice to any other remedy he and other similar taxes required by law. AIA DOCUMENT A201•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•TWELFTH EDITION • APRIL 1970 ED. AIAO • ® 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 7 4.7 PERMITS,FEES AND NOTICES 4.11 PROGRESS SCHEDULE 4.7.1 The Contractor shall secure and pay for all permits, 4.11.1 The Contractor, immediately after being awarded governmental fees and licenses necessary for the proper the Contract, shall prepare and submit for the Architect's execution and completion of the Work, which are appli- approval an estimated progress schedule for the Work. cable at the time the bids are received. It is not the re- The progress schedule shall be related to the entire Proj- sponsibility of the Contractor to make certain that the ect to the extent required by the Contract Documents. Drawings and Specifications are in accordance with ap- This schedule shall indicate the dates for the starting and plicable laws, statutes, building codes and regulations. completion of the various stages of construction and 4.7.2 The Contractor shall give all notices and comply shall be revised as required by the conditions of the with all laws, ordinances, rules, regulations and orders Work, subject to the Architects approval. of any public authority bearing on the performance of 4,12 DRAWINGS AND SPECIFICATIONS AT THE SITE the Work. If the Contractor observes that any of the 4.12.1 The Contractor shall maintain at the site for the Contract Documents are at variance therewith in any Owner one copy of all Drawings,Specifications,Addenda, respect, he shall promptly notify the Architect in writing, approved Shop Drawings,Change Orders and other Mod- and any necessary changes shall be adjusted by appropri- ifications, in good order and marked to record all changes ate Modification. If the Contractor performs any Work made during construction. These shall be available to the knowing it to be contrary to such laws, ordinances, rules Architect. The Drawings, marked to record all changes and regulations, and without such notice to the Archi- made during construction, shall be delivered to him for tect, he shall assume full responsibility therefor and shall the Owner upon completion of the Work. bear all costs attributable thereto. 4.8 CASH ALLOWANCES 4.13 SHOP DRAWINGS AND SAMPLES 4.8.1 The Contractor shall include in the Contract Sum 4.13.1 Shop Drawings are drawings, diagrams, illustra- all allowances stated in the Contract Documents. These tions, schedules, performance charts, brochures and other AOL allowances shall cover the net cost of the materials and data which are prepared by the Contractor or any Sub- equipment delivered and unloaded at the site, and all contractor, manufacturer, supplier or distributor, and MW applicable taxes. The Contractor's handling costs on the which illustrate some portion of the Work. site, labor, installation costs, overhead, profit and other 4.13.2 Samples are physical examples furnished by the expenses contemplated for the original allowance shall Contractor to illustrate materials, equipment or work- be included in the Contract Sum and not in the allow- manship, and to establish standards by which the Work ante. The Contractor shall cause the Work covered by will be judged. these allowances to be performed for such amounts and by such persons as the Architect may direct, but he will 4.13.3 The Contractor shall review, stamp with his ap- not be required to employ persons against whom he proval and submit, with reasonable promptness and in makes a reasonable objection. If the cost, when deter- orderly sequence so as to cause no delay in the Work mined, is more than or less than the allowance, the Con- or in the work of any other contractor, all Shop Draw- tract Sum shall be adjusted accordingly by Change Order ings and Samples required by the Contract Documents which will include additional handling costs on the site, or subsequently by the Architect as covered by Modifica- labor, installation costs, overhead, profit and other ex- tions. Shop Drawings and Samples shall be properly penses resulting to the Contractor from any increase over identified as specified, or as the Architect may require. the original allowance. At the time of submission the Contractor shall inform the 4.9 SUPERINTENDENT Architect in writing of any deviation in the Shop Draw- ings or Samples from the requirements of the Contract 4.9.1 The Contractor shall employ a competent super- Documents. intendent and necessary assistants who shall be in at 4.13.4 By approving and submitting Shop Drawings and tendance at the Project site during the progress of the Samples, the Contractor thereby represents that he has Work. The superintendent shall be satisfactory to the determined and verified all field measurements,field con- Architect, and shall not be changed except with the con- struction criteria, materials, catalog numbers and similar sent of the Architect, unless the superintendent proves data, or will do so, and that he has checked and coordi- to be unsatisfactory to the Contractor and ceases to be nated each Shop Drawing and Sample with the require- in his employ. The superintendent shall represent the ments of the Work and of the Contract Documents. Contractor and all communications given to the superin- tendent shall be as bidding as if given to the Contractor. 4.13.5 The Architect will review and approve Shop Important communications will be confirmed in writing. Drawings and Samples with reasonable promptness so as Other communications will be so confirmed on written to cause no delay, but only for conformance with the de- request in each case. sign concept of the Project and with the information given 4.10 RESPONSIBILITY FOR THOSE PERFORMING in the Contract Documents. The Architect's approval of a THE WORK separate item shall not indicate approval of an assembly 4.10.1 The Contractor shall be responsible to the Owner in which the item functions. for the acts and omissions of all his employees and all 4.13.6 The Contractor shall make any corrections re- Subcontractors, their agents and employees, and all other quired by the Architect and shall resubmit the required persons performing any of the Work under a contract number of corrected copies of Shop Drawings or new with the Contractor. Samples until approved. The Contractor shall direct spe- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•TWELFTH EDITION •APRIL 1970 ED. 8 AIA9 • 0 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 cific attention in writing or on resubmitted Shop Draw- regardless of whether or not it is caused In part by a ings to revisions other than the corrections requested by party indemnified hereunder. the Architect on previous submissions. 4.18.2 In any and all claims against the Owner or the 4.13.7 The Architect's approval of Shop Drawings or Architect or any of their agents or employees by any em- Samples shall not relieve the Contractor of responsibility ployee of the Contractor, any Subcontractor, anyone di- for any deviation from the requirements of the Contract rectly or indirectly employed by any of them or anyone Documents unless the Contractor has informed the Archi- for whose acts any of them may be liable, the Indemnifl- tect in writing of such deviation at the time of submis- cation obligation under this Paragraph 4.18 shall not be sion and the Architect has given written approval to the limited in any way by any limitation on the amount or specific deviation, nor shall the Architect's approval re- type of damages, compensation or benefits payable by lieve the Contractor from responsibility for errors or or for the Contractor or any Subcontractor tinder work- omissions in the Shop Drawings or Samples. men's compensation acts, disability benefit acts or other 4.13.8 No portion of the Work requiring a Shop Drawing employee benefit acts. or Sample submission shall be commenced until the 4.18.3 The obligations of the Contractor under this Para- submission has been approved by the Architect. All such graph 4.18 shall not extend to the liability of the Archi- portions of the Work shall be in accordance with ap- tect, his agents or employees arising out of (1) the prepa- proved Shop Drawings and Samples. ration or approval of maps, drawings, opinions, reports, 4.14 USE OF SITE surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instruc- 4.14.1 The Contractor shall confine operations at the tions by the Architect, his .agents or employees provided site to areas permitted by law, ordinances, permits and such giving or failure to give Is the primary cause of the the Contract Documents and shall not unreasonably en- injury or damage, cumber the site with any materials or equipment. 4.15 CUTTING AND PATCHING OF WORK ARTICLE 5 4.15.1 The Contractor shall do all cutting, fitting or patching of his Work that may be required to make its SUBCONTRACTORS several parts fit together properly, and shall not endanger 5.1 DEFINITION any Work by cutting, excavating or otherwise altering the 5.1.1 A Subcontractor is a person or organization who Work or any part of it. has a direct contract with the Contractor to perform any 4.16 CLEANING UP of the Work at the site. The term Subcontractor Is re- 4 ferred to throughout the Contract Documents as if singu- .16.1 The Contractor at all times shall keep the preen- lar in number and masculine In gender and means a ises free from accumulation of waste materials or rubbish Subcontractor or his authorized representative, caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from 5.1.2 A Sub-Subcontractor is a person or organization and about the Project as well as all his tools, construe- who has a direct or indirect contract with a Subcontractor tion equipment, machinery and surplus materials, and to perform any of the Work at the site. The term Sub- shall clean all glass surfaces and leave the Work "broom- subcontractor is referred to throughout the Contract clean" or its equivalent, except as otherwise specified. Documents as if singular In number and masculine in 4.16.2 If the Contractor fails to clean up, the Owner gender and rneans a Sub-subcontractor or an authorized may do so and the cost thereof shall be charged to the representative thereof. Contractor as provided in Paragraph 3.4. 5.1.3 Nothing contained in the Contract Documents 4,17 COMMUNICATIONS shall create any contractual relation between the Owner or the Architect and any Subcontractor or Sub-subcon- 4.17.1 The Contractor shall forward all communications tractor. to the Owner through the Architect. 5.2 AWARD OF SUBCONTRACTS AND OTHER 94.18 INDEMNIFICATION CONTRACTS FOR PORTIONS OF THE WORK 4.18.1 The Contractor shall indemnify and hold harmless 5.2.1 Unless otherwise specified in the Contract Docu- the Owner and the Architect and their agents and em- ments or in the Instructions to Bidders, the Contractor, ployees from and against all claims, damages, losses and as soon as practicable after the award of the Contract, expenses including attorneys' fees arising out of or re- shall furnish to the Architect in writing for acceptance by sulting from the performance of the Work, provided that the Owner and the Architect a list of the names of the any such claim, damage, loss or expense (1) is attributable Subcontractors proposed for the principal portions of the to bodily injury, sickness, disease or death, or to injury Work. The Architect shall promptly notify the Contrac- to or destruction of tangible property (other than the for in writing If either the Owner or the Architect, after Work itself) including the loss of use resulting there- due investigation, has reasonable objection to any Sub- from, and (2) is caused in whole or in part by any negli- contractor on such list and does not accept him. Failure gent act or omission of the Contractor, any Subcontrac. of the Owner or Architect to make objection promptly to tor, anyone directly or indirectly employed by any of any Subcontractor on the list shall constitute acceptance them or anyone for whose acts any of them may be liable, of such Subcontractor. AtA DOCUMENT A201•GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION • TWELFTH EDITION•APRIL 1970 ED. AIAe • Q 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 9 S.2.2 The Contractor shall not contract with any Sub- tractor may comply In the manner provided in contractor or any person or organization (including those the Contract Documents for like claims by the who are to furnish materials or equipment fabricated to Contractor upon the Owner; a special design) proposed for portions of the Work .5 waive all rights the contracting parties may have designated in the Contract Documents or in the Instruc- against one another for damages caused by fire tions to Bidders or, if none is so designated, with any or other perils covered by the property insurance Subcontractor proposed for the principal portions of the described in Paragraph 11.3,except such rights as Work who has been rejected by the Owner and the they may have to the proceeds of such insurance Architect. The Contractor will not be required to con- held by the Owner as trustee under Paragraph tract with any Subcontractor or person or organization 113; and against whom he has a reasonable objection. .6 obligate each Subcontractor specifically to con- 5.2.3 If the Owner or Architect refuses to accept any sent to the provisions of this Paragraph 5.3. Subcontractor or person or organization on a list sub- mitted by the Contractor in response to the requirements 5.4 PAYMENTS TO SUBCONTRACTORS of the Contract Documents or the Instructions to Bidders, 5.4.1 The Contractor shall pay each Subcontractor, upon the Contractor shall submit an acceptable substitute and receipt of payment from the Owner, an amount equal the Contract Sum shall be increased or decreased by the to the percentage of completion allowed to the Con- difference in cost occasioned by such substitution and an tractor on account of such Subcontractor's Work, less the appropriate Change Order shall be issued; however, no percentage retained from payments to the Contractor. increase in the Contract Sum shall be allowed for any The Contractor shall also require each Subcontractor to such substitution unless the Contractor has acted promptly make similar payments to his subcontractors. and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents 5.4.2 If the Architect fails to issue a Certificate for Pay- or the Instructions to Bidders. ment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Con- 5.2.4 If the Owner or the Architect requires a change of tractor shall pay that Subcontractor on demand, made at any proposed Subcontractor or person or organization any time after the Certificate for Payment should other- previously accepted by them, the Contract Sum shall be wise have been issued, for his Work to the extent com- increased or decreased by the difference in cost occa- pleted, less the retained percentage. sioned by such change and an appropriate Change Order shall be issued. 5.4.3 The Contractor shall pay each Subcontractor a just 5.2.5 The Contractor shall not make any substitution for share of any insurance moneys received by the Contractor under Article 11, and he shall require each Subcontractor any Subcontractor or person or organization who has been accepted by the Owner and the Architect, unless to make similar payments to his subcontractors. the substitution is acceptable to the Owner and the 5.4.4 The Architect may, on request and at his discretion, Architect. furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Con- 5.3 SUBCONTRACTUAL RELATIONS tractor on account of Work done by such Subcontractors. 5.3.1 All work performed for the Contractor by a Sub- contractor shall be pursuant to an appropriate agree- 5.4.5 Neither the Owner nor the Architect shall have any ment between the Contractor and the Subcontractor (and obligation to pay or to see to the payment of any moneys where appropriate between Subcontractors and Sub- to any Subcontractor except as may otherwise be required subcontractors) which shall contain provisions that: by law. .1 preserve and protect the rights of the Owner and the Architect under the Contract with respect to ARTICLE 6 the Work to be performed under the subcontract so that the subcontracting thereof will not preju- SEPARATE CONTRACTS dice such ri .2 require hatsutch Work be performed in accord- 6.1 OWNER'S RIGHT TO AWARD SEPARATE CONTRACTS ante with the requirements of the Contract 6.1.1 The Owner reserves the right to award other con-® Documents; tracts in connection with other portions of the Project .3 require submission to the Contractor of applica- under these or similar Conditions of the Contract. tions for payment under each subcontract to 6.1.2 When separate contracts are awarded for different which the Contractor i enable the Contractor n accordance with Article 9;ractor to apply for pay-a party, in reasonable portions of the Project, "the Contractor" in the contract ment time t documents in each case shall be the contractor who signs.4 require that all claims for additional costs, exten- each separate contract. sions of time, damages for delays or otherwise with respect to subcontracted portions of the 6.2 MUTUAL RESPONSIBILITY OF CONTRACTORS Work shall be submitted to the Contractor (via 6.2.1 The Contractor shall afford other contractors rea- any Subcontractor or Sub-subcontractor where sonable opportunity for the introduction and storage of appropriate) in sufficient time so that the Con- their materials and equipment and the execution of their ALA DOCUMENT A291 o GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION •TWELFTH EDITION-APRIL 1970 ED. 10 AIAO - ® 1970 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 work, and shall properly connect and coordinate his party to the Contract shall assign the Contract or sublet It Work with theirs. as a whole without the written consent of the other, nor 6.2.2 If any part of the Contractor's Work depends for shall the Contractor assign any moneys due or to become proper execution or results upon the work of any other due to him hereunder, without the previous written con- separate contractor, the Contractor shall inspect and sent of the Owner, promptly report to the Architect any apparent discrepan- 7.3 WRITTEN NOTICE cies or defects in such work that render it unsuitable for 7.3.1 Written notice shall be deemed to have been duly such proper execution and results. Failure of the Con• served if delivered in person to the individual or member tractor so to inspect and report shall constitute an accept- of the firm or to an officer of the corporation for whom ante of the other contractors work as fit and proper to it was intended, or if delivered at or sent by registered receive his Work, except as to defects which may develop or certified mail to the last business address known to in the other separate contractors work after the execution him who gives the notice. of the Contractor's Work. 6.2.3 Should the Contractor cause damage to the work 7.4 CLAIMS FOR DAMAGES or property of any separate contractor on the Project, the 7.4.1 Should either party to the Contract suffer injury or Contractor shall, upon due notice, settle with such other damage to person or property because of any act or contractor by agreement or arbitration, If he will so settle. omission of the other party or of any of his employees, If such separate contractor sues the Owner or initiates agents or others for whose acts he is legally liable, claim an arbitration proceeding on account of any damage shall be made in writing to such other party within, a alleged to have been so sustained, the Owner shall notify reasonable time after the first observance of such injury the Contractor who shall defend such proceedings at the or damage. Owner's expense, and if any judgment or award against 7.5 PERFORMANCE BOND AND the Owner arises therefrom the Contractor shall pay or LABOR AND MATERIAL PAYMENT BOND satisfy it and shall reimburse the Owner for all attorneys' fees and court or arbitration costs which the Owner has 7.5.1 The Owner shall have the right to require the incurred. Contractor to furnish bonds covering the faithful per- formance of the Contract and the payment of all obliga- 6.3 CUTTING AND PATCHING tions arising thereunder if and as required in the Instruc- UNDER SEPARATE CONTRACTS tions to Bidders or elsewhere in the Contract Documents. 6.3.1 The Contractor shall be responsible for any cutting, RIGHTS AND REMEDIES fitting and patching that may be required to complete 7.6 his Work except as otherwise specifically provided in the 7.6.1 The duties and obligations imposed by the Con- Contract Documents. The Contractor shall not endanger tract Documents and the rights and remedies available any work of any other contractors by cutting, excavating thereunder shall be in addition to and not a limitation or otherwise altering any work and shall not cut or alter of any duties, obligations, rights and remedies otherwise the work of any other contractor except with the written imposed or available by law. consent of the Architect. 7,7 ROYALTIES AND PATENTS 6.3.2 Any costs caused by defective or ill-timed work 7,7.1 The Contractor shall pay all royalties and license shall be borne by the party responsible therefor, fees, He shall defend all suits or claims for infringement 6.4 OWNER'S RIGHT TO CLEAN UP of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner 6.4.1 If a dispute arises between the separate contractors shall be responsible for all such loss when a particular de- as to their responsibility for cleaning up as req±sired by sign, process or the product of a particular manufacturer Paragraph 4.16, the Owner may clean up and charge the or manufacturers is specified, but if the Contractor has cost thereof to the several contractors as the Architect reason to believe that the design, process or product shall determine to be just. specified is an infringement of a patent, he shall be re- sponsible for such lass unless he promptly gives such in- ARTICLE to the Architect. MISCELLANEOUS PROVISIONS 7.8 TESTS 7.1 GOVERNING LAW 7.8,1 If the Contract Documents, laws, ordinances, rules, 7.1.1 The Contract shall be governed b the law of the regulations or orders of any public authority having juris- g Y diction require any Work to be inspected, tested or ap- place where the Project is located, proved, the Contractor shall give the Architect timely no- 7,2 SUCCESSORS AND ASSIGNS tine of its readiness and of the date arranged so the 7.2.1 The Owner and the Contractor each binds him- Architect may observe such inspection, testing or ap- self, his partners, successors, assigns and legal represen- lions, t The Contractor shall bear all costs of such inspec- tatives to the other party hereto and to the partners, suc- tions, tests and approvals unless otherwise provided. cessors, assigns and legal representatives of such other 7.8.2 If after the commencement of the Work the party in respect to all covenants, agreements and obliga- Architect determines that any Work requires special in- tions contained In the Contract Documents. Neither spection, testing, or approval which Subparagraph 7.8.1 AIA DOCUMENT A211•GENERAL CONDITIONS Of THE CONTRACT FOR G INirRUCTION a TWELFTH EDITION•APRIL 1970 ED. AIAO @ 0 1970 s THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW TORY. AVENUE, N.W., WASHINGTON, D.C. 20006 11 does not include, he will, upon written authorization 7.10.3 The Contractor shall carry on the Work and main- from the Owner, instruct the Contractor to order such tain the progress schedule during any arbitration pro- special inspection, testing or approval, and the Con- ceedings, unless otherwise agreed by him and the Owner tractor shall give notice as in Subparagraph 7.8.1. If such in writing. special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract ARTICLE 8 Documents or (2),with respect to the performance of the Work, with laws, ordinances, rules, regulations or orders TIME of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's addi- 8.1 DEFINITIONS tional services made necessary by such failure; otherwise 8,1.1 The Contract Time is the period of time alloted in the Owner shall bear such costs, and an appropriate the Contract Documents for completion of the Work. Change Order shalt be issued. 8.1.2 The date of commencement of the Work is the 7.8.3 Required certificates of inspection, testing or ap- date established in a notice to proceed. If there is no proval shall be secured by the Contractor and promptly notice to proceed, it shall be the date of the Agreement delivered by him to the Architect. or such other date as may be established therein. 7.8.4 If the Architect wishes to observe the inspections, 8.1.3 The Date of Substantial Completion of the Work tests or approvals required by this Paragraph 7.8, he will or designated portion thereof is the Date certified by the do so promptly and, where practicable, at the source of Architect when construction is sufficiently complete, in supply, accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for 7.8.5 Neither the observations of the Architect in his the use for which it is intended. Administration of the Construction Contract, nor inspec- tions, tests or approvals by persons other than the Con- 8.1.4 The term day as used in the Contract Documents tractor shall relieve the Contractor from his obligations shall mean calendar day. to perform the Work in accordance with the Contract 8.2 PROGRESS AND COMPLETION Documents. 8.2.1 All time limits stated in the Contract Documents 7,9 INTEREST are of the essence of the Contract. 7.9.1 Any moneys not paid when due to either party 8.2.2 The Contractor shall begin the Work on the date under this Contract shall bear interest at the legal rate in of commencement as defined in Subparagraph 8.1.2. He force at the place of the Project. shall carry the Work forward expeditiously with adequate 7.10 ARBITRATION forces and shall complete it within the Contract Time. 7.10.1 All claims, disputes and other matters in question 8.2.3 If a date or time of completion is included in the arising out of, or relating to, this Contract or the breach Contract, it shall be the Date of Substantial Completion thereof, except as set forth in Subparagraph 2.2.9 with as defined in Subparagraph 8.1.3, including authorized respect to the Architect's decisions on matters relating extensions thereto, unless otherwise provided. to artistic effect, and except for claims which have been 8.3 DELAYS AND EXTENSIONS OF TIME waived by the making or acceptance of final payment as 8,3.1 If the Contractor is delayed at any time in the provided by Subparagraphs 9.7.5 and 9.7.6, shall be de- progress of the Work by any act or neglect of the Owner tided by arbitration in accordance with the Construction or the Architect, or by any employee of either, or by any Industry Arbitration Rules of the American Arbitration separate contractor employed by the Owner, or by Association then obtaining unless the parties mutually changes ordered in the Work, or by labor disputes, fire, agree otherwise. This agreement to arbitrate shall be unusual delay in transportation, unavoidable casualties or specifically enforceable under the prevailing arbitration any causes beyond the Contractor's control, or by delay law. The award rendered by the arbitrators shall be final, authorized by the Owner pending arbitration, or by any and judgment may be entered upon it in accordance with cause which the Architect determines may justify the • applicable law in any court having jurisdiction thereof. delay, then the Contract Time shall be extended by 7.10.2 Notice of the demand for arbitration shall be filed Change Order for such reasonable time as the Architect in writing with the other party to the Contract and with may determine. the American Arbitration Association, and a copy shall 8,3.2 All claims for extension of time shall be made in be filed with the Architect. The demand for arbitration writing to the Architect no more than twenty days after shall be made within the time limits specified in Sub- the occurrence of the delay; otherwise they shall be paragraphs 2.2.10 and 2.2.11 where applicable, and in waived. In the case of a continuing cause of delay only all other cases within a reasonable time after the claim, one claim is necessary. dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of 8.3.3 If no schedule or agreement is made stating the legal or equitable proceedings based on such claim, dates upon which written interpretations as set forth in dispute or other matter in question would be barred by Subparagraph 1.2.5 shall be furnished, then no claim for the applicable statute of limitations. delay shall be allowed on account of failure to furnish AIA DOCUMENT A211•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•TWELFTH EDITION•APRIL 1970 ED, 17 AIA9 • OD 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ® such interpretations until fifteen days after demand is 9.4 CERTIFICATES FOR PAYMENT made for them, and not then unless such claim is 9.4.1 If the Contractor has made Application for Pay- reasonable. ment as above, the Architect will, with reasonable 8.3.4 This Paragraph 8.3 does not exclude the recovery promptness but not more than seven days after the re- of damages for delay by either party under other pro- ceipt of the Application, issue a Certificate for Payment visions of the Contract Documents. to the Owner, with a copy to the Contractor, for such amount as he determines to be properly due, or state in ARTICLE 9 writing his reasons for withholding a Certificate as pro- vided in Subparagraph 9.5.1. PAYMENTS AND COMPLETION 9.4.2 The issuance of a Certificate for Payment will con- 9,1 CONTRACT SUM stitute a representation by the Architect to the Owner, 9.1.1 The Contract Sum is stated in the Agreement and based on his observations at the site as provided in Sub- is the total amount payable by the Owner to the Con- paragraph 2.2.4 and the data comprising the Applica- tractor for the performance of the Work under the tion for Payment, that the Work has progressed to the Contract Documents. point indicated; that, to the best of his knowledge, in- formation and belief, the quality of the Work is in ac- 9,2 SCHEDULE OF VALUES cordance with the Contract Documents (subject to an 9.2.1 Before the first Application for Payment, the Con- evaluation of the Work for conformance with the Con- tractor shall submit to the Architect a schedule of values tract Documents upon Substantial Completion, to the of the various portions of the Work, including quantities results of any subsequent tests required by the Contract if required by the Architect, aggregating the total Con- Documents, to minor deviations from the Contract Docu- tract Sum, divided so as to facilitate payments to Sub- ments correctable prior to completion, and to any spe- contractors in accordance with Paragraph 5.4, prepared in cific qualifications stated in his Certificate); and that the such form as specified or as the Architect and the Con- Contractor is entitled to payment in the amount certified. tractor may agree upon, and supported by such data to In addition, the Architect's final Certificate for Payment substantiate its correctness as the Architect may require. will constitute a further representation that the condi- Each item in the schedule of values shall include its tions precedent to the Contractor's being entitled to final proper share of overhead and profit. This schedule, when payment as set forth in Subparagraph 9.7.2 have been approved by the Architect, shall be used only as a basis fulfilled. However, by issuing a Certificate for Payment, for the Contractor's Applications for Payment. the Architect shall not thereby be deemed to represent 9,3 PROGRESS PAYMENTS that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work 9.3.1 At least ten days before each progress payment or that he has reviewed the construction means, methods, falls due, the Contractor shall submit to the Architect an techniques, sequences or procedures, or that he has itemized Application for Payment, supported by such made any examination to ascertain how or for what data substantiating the Contractor's right to payment as purpose the Contractor has used the moneys previously the Owner or the Architect may require. paid on account of the Contract Sum. 9.3.2 If payments are to be made on account of mate- 9,4.3 After the Architect has issued a Certificate for Pay- rials or equipment not incorporated in the Work but de- ment, the Owner shall make payment in the manner pro- livered and suitably stored at the site, or at some other vided in the Agreement. location agreed upon in writing, such payments shall be conditioned upon submission by the Contractor of bills 9.4.4 No certificate for a progress payment, nor any of sale or such other procedures satisfactory to the progress payment, nor any partial or entire use or oc- Owner to establish the Owner's title to such materials or cupancy of the Project by the Owner, shall constitute an equipment or otherwise protect the Owner's interest in- acceptance of any Work not in accordance with the Con- cluding applicable insurance and transportation to the tract Documents. site. 9,5 PAYMENTS WITHHELD • 9.3.3 The Contractor warrants and guarantees that title 9.5.1 The Architect may decline to approve an Appli- to all Work, materials and equipment covered by an cation for Payment and may withhold his Certificate in Application for Payment, whether incorporated in the whole or in part, to the extent necessary reasonably to Project or not, will pass to the Owner upon the receipt protect the Owner, if in his opinion he is unable to make of such payment by the Contractor, free and clear of representations to the Owner as provided in Subpara- all liens, claims, security interests or encumbrances, here- graph 9.4.2. The Architect may also decline to approve inafter referred to in this Article 9 as "liens"; and that no any Applications for Payment or, because of subsequently Work, materials or equipment covered by an Application discovered evidence or subsequent inspections, he may for Payment will have been acquired by the Contractor; nullify the whole or any part of any Certificate for Pay- or by any other person performing the Work at the site ment previously issued, to such extent as may be neces- or furnishing materials and equipment for the Project, sary in his opinion to protect the Owner from loss be- subject to an agreement under which an interest therein cause of: or an encumbrance thereon is retained by the seller or .1 defective work not remedied, otherwise imposed by the Contractor or such other .2 third party claims filed or reasonable evidence person, indicating probable filing of such claims, AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CON STRUCTION- TWELFTH EDITION- APRIL 1970 ED. AIAA - © 1970 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 13 .3 failure of the Contractor to make payments prop- submits to the Architect (1) an Affidavit that all payrolls, erly to Subcontractors or for labor, materials or bills for materials and equipment, and other indebtedness equipment, connected with the Work for which the Owner or his .4 reasonable doubt that the Work can be com- property might in any way be responsible, have been pleted for the unpaid balance of the Contract paid or otherwise satisfied, (2) consent of surety, if any, Sum, to final payment and (3), if required by the Owner, other .5 damage to another contractor, data establishing payment or satisfaction of all such ob- .6 reasonable indication that the Work will not be ligations, such as receipts, releases and waivers of liens completed within the Contract Time, or arising out of the Contract, to the extent and in such form .7 unsatisfactory prosecution of the Work by the as may be designated by the Owner. If any Subcontrac- Contractor. for refuses to furnish a release or waiver required by the 9.5.2 When the above grounds in Subparagraph 9.5.1 Owner, the Contractor may furnish a bond satisfactory to are removed, payment shall be made for amounts with- the Owner to indemnify him against any such lien. If held because of them. any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all 9.6 FAILURE OF PAYMENT moneys that the latter may be compelled to pay in dis- 9.6.1 If the Architect should fail to issue any Certificate charging such lien, including all costs and reasonable at- for Payment, through no fault of the Contractor, within torneys fees. seven days after receipt of the Contractor's Application 9.7.4 If after Substantial Completion of the Work final for Payment, or if the Owner should fail to pay the Con- completion thereof is materially delayed through no fault tractor within seven days after the date of payment es- of the Contractor, and the Architect so confirms, the tablished in the Agreement any amount certified by the Owner shall, upon certification by the Architect,and with- Architect or awarded by arbitration, then the Contrac- out terminating the Contract, make payment of the bal- tor may, upon seven additional days' written notice to ante due for that portion of the Work fully completed the Owner and the Architect, stop the Work until pay- and accepted. If the remaining balance for Work not fully ment of the amount owing has been received. completed or corrected is less than the retainage stipu- lated in the Agreement, and if bonds have been furnished 9,7 SUBSTANTIAL COMPLETION AND FINAL PAYMENT as required in Subparagraph 7.5.1, the written consent of 9.7.1 When the Contractor determines that the Work the surety to the payment of the balance due for that or a designated portion thereof acceptable to the Owner portion of the Work fully completed and accepted shall is substantially complete, the Contractor shall prepare for be submitted by the Contractor to the Architect prior to submission to the Architect a list of items to be com- certification of such payment. Such payment shall be pleted or corrected. The failure to include any items made under the terms and conditions governing final on such list does not alter the responsibility of the Con- payment, except that it shall not constitute a waiver of tractor to complete all Work in accordance with the claims. Contract Documents. When the Architect on the basis of 9.7,5 The making of final payment shall constitute a an inspection determines that the Work is substantially waiver of all claims by the Owner except those arising complete, he will then prepare a Certificate of Substantial from: Completion which shall establish the Date of Substantial ,1 unsettled liens, Completion, shall state the responsibilities of the Owner .2 faulty or defective Work appearing after Substan- and the Contractor for maintenance, heat, utilities, and tial Completion, insurance, and shall fix the time within which the Con- ,3 failure of the Work to comply with the require- tractor shall complete the items listed therein. The Cer- ments of the Contract Documents, or tificate of Substantial Completion shall be submitted to .4 terms of any special guarantees required by the the Owner and the Contractor for their written accept- Contract Documents. ante of the responsibilities assigned to them in such Certificate. 9.7.6 The acceptance of final payment shall constitute a 9.7.2 Upon receipt of written notice that the Work is Waiver of all claims by the Contractor except those pre- ready for final inspection and acceptance and upon re- viously made in writing and still unsettled. • ceipt of a final Application for Payment, the Architect ARTICLE 10 will promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and PROTECTION OF PERSONS AND PROPERTY the Contract fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his 10.1 SAFETY PRECAUTIONS AND PROGRAMS knowledge, information and belief, and on the basis of 10.1.1 The Contractor shall be responsible for initiating, his observations and inspections, the Work has been maintaining and supervising all safety precautions and completed in accordance with the terms and conditions programs in connection with the Work. of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final 10.2 SAFETY OF PERSONS AND PROPERTY Certificate,is due and payable. 10.2.1 The Contractor shall take all reasonable precau- 9.7.3 Neither the final payment nor the remaining re- tions for the safety of, and shall provide all reasonable tained percentage shall become due until the Contractor protection to prevent damage, injury or loss to: MA DOCUMENT A201 •GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION•TWELFTH EDITION •APRIL 1970 ED. 14 AIA® • 0 1970 • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 mm .1 all employees on the Work and all other per- insurance as will protect him from claims set forth below sons who may be affected thereby; which may arise out of or result from the Contractor's .2 all the Work and all materials and equipment operations under the Contract, whether such operations to be incorporated therein, whether in storage be by himself or by any Subcontractor or by anyone di- on or off the site, under the care, custody or rectly or indirectly employed by any of them, or by any- control of the Contractor or any of his Sub- one for whose acts any of them may be liable: contractors or Sub-subcontractors; and .1 claims under workmen's compensation, disability .3 other property at the site or adjacent thereto, benefit and other similar employee benefit acts; including trees, shrubs, lawns, walks, pavements, .2 claims for damages because of bodily injury, roadways, structures and utilities not designated occupational sickness or disease, or death of his for removal, relocation or replacement in the employees; course of construction. .3 claims for damage because of bodily injury, 10.2.2 The Contractor shall comply with all applicable sickness or disease, or death of any person other laws, ordinances, rules, regulations and lawful orders of than his employees; any public authority having jurisdiction for the safety .4 claims for damages insured by usual personal of persons or property or to protect them from damage, injury liability coverage which are sustained (1) injury or loss. He shall erect and maintain, as required by any person as a result of an offense directly or by existing conditions and progress of the Work, all indirectly related to the employment of such reasonable safeguards for safety and protection, includ- person by the Contractor, or (2) by any other ing posting danger signs and other warnings against haz- person; and ards,promulgating safety regulations and notifying owners .5 claims for damages because of injury to or de- and users of adjacent utilities. struction of tangible property, including loss of use resulting therefrom. 10.2.3 When the use or storage of explosives or other 11.1.2 The insurance required by Subparagraph 11.1.1 hazardous materials or equipment is necessary for the shall be written for not less than any limits of liability execution of the Work the Contractor shall exercise specified in the Contract Documents, or required by law, the utmost care and shall l carry on such activities under whichever is greater,and shall include contractual liability the supervision of properly qualified personnel. insurance as applicable to the Contractor's obligations 10.2.4 All damage or loss to any property referred to in under Paragraph 4.18. Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcon- 11.1.3 Certificates of Insurance acceptable to the Owner tractor, or anyone directly or indirectly employed by any shall be filed with the Owner prior to commencement of of them, or by anyone for whose acts any of them may the Work. These Certificates shall contain a provision that be liable, shall be remedied by the Contractor, except coverages afforded under the policies will not be can- damage or loss attributable to faulty Drawings or Specifi- celled until at least fifteen days' prior written notice has cations or to the acts or omissions of the Owner or Archi- been given to the Owner. tect or anyone employed by either of them or for whose 11.2 OWNER'S LIABILITY INSURANCE acts either of them may be liable, and not attributable to 11.2.1 The Owner shall be responsible for purchasing the fault or negligence of the Contractor. and maintaining his own liability insurance and, at his 10.2.5 The Contractor shall designate a responsible option,may purchase and maintain such insurance as will member of his organization at the site whose duty shall protect him against claims which may arise from opera. be the prevention of accidents. This person shall be the tions under the Contract. Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the 11.3 PROPERTY INSURANCE Architect. 11.3.1 Unless otherwise provided, the Owner shall pur- 10.2.6 The Contractor shall not load or permit any part chase and maintain property insurance upon the entire of the Work to be loaded so as to endanger its safety. Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the ® 10.3 EMERGENCIES Contractor, Subcontractors and Sub-subcontractors in the 10.3.1 In any emergency affecting the safety of persons Work and shall insure against the perils of Fire, Extended or property, the Contractor shall act, at his discretion, Coverage, Vandalism and Malicious Mischief. to prevent threatened damage, injury or loss. Any addi- 11.3.2 The Owner shall purchase and maintain such tional compensation or extension of time claimed by the steam boiler and machinery insurance as may be required Contractor on account of emergency work shall be de- by the Contract Documents or by law. This insurance termined as provided in Article 12 for Changes in the shall include the interests of the Owner, the Contractor, Work. Subcontractors and Sub-subcontractors in the Work. ARTICLE 11 11.3.3 Any insured loss is to be adjusted with the Owner INSURANCE and made payable to the Owner as trustee for the in- sureds, as their interests may appear, subject to the re- 11.1 CONTRACTOR'S LIABILITY INSURANCE quirements of any applicable mortgagee clause and of 11.1.1 The Contractor shall purchase and maintain such Subparagraph 11.3.8, AIA DOCUMENT A201 P GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•TWELFTH EDITION•APRIL 1970 ED. AIM • ® 1970 a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1s 11.3.4 The Owner shall file a copy of all policies with of the Contract consisting of additions, deletions or other 40 the Contractor before an exposure to loss may occur. If revisions, the Contract Sum and the Contract Time being the Owner does not intend to purchase such insurance, adjusted accordingly. All such Changes in the Work shall he shall inform the Contractor in writing prior to com- be authorized by Change Order, and shall be executed mencement of the Work. The Contractor may then effect under the applicable conditions of the Contract Docu- insurance which will protect the interests of himself, his ments. Subcontractors and the Sub-subcontractors in the Work, 12.1.2 A Change Order is a written order to the Con- and by appropriate Change Order the cost thereof shall tractor signed by the Owner and the Architect, issued be charged to the Owner. If the Contractor is damaged by after the execution of the Contract, authorizing a Change failure of the Owner to purchase or maintain such insur- in the Work or an adjustment in the Contract Sum or the ance and so to notify the Contractor, then the Owner Contract Time. Alternatively, the Change Order may be shall bear all reasonable costs properly attributable signed by the Architect alone, provided he has written thereto. authority from the Owner for such procedure and that a 11.3.5 K the Contractor requests in writing that incur- copy of such written authority is furnished to the Con- ance for special hazards be included in the property insur- tractor upon request. A Change Order may also be signed ance policy, the Owner shall, if possible, include such by the Contractor if he agrees to the adjustment in the insurance, and the cost thereof shall be charged to the Contract Sum or the Contract Time. The Contract Sum Contractor by appropriate Change Order. and the Contract Time may be changed only by Change Order. 11.3.6 The Owner and Contractor waive all rights against 12.1.3 The cost or credit to the Owner resulting from a each other for damages caused by fire or other perils to Change in the Work shall be determined in one or more the extent covered by insurance provided under this Para- of the following ways: graph 11.3, except such rights as they may have to the ,1 by mutual acceptance of a lump sum properly proceeds of such insurance held by the Owner as trustee. itemized; The Contractor shall require similar waivers by Subcon• ,2 by unit prices stated in the Contract Documents tractors and Sub-subcontractors in accordance with or subsequently agreed upon; or VW Clause 5.3.1.5. ,3 by cost and a mutually acceptable fixed or per- 11.3.7 If required in writing by any party in interest; the tentage fee. Owner as trustee shall, upon the occurrence of an insured 12.1.4 If none of the methods set forth in Subparagraph loss, give bond for the proper performance of his duties. 12.1.3 is agreed upon, the Contractor, provided he re- He shall deposit in a separate account any money so re- ceives a Change Order, shall promptly proceed with the ceived, and he shall distribute it in accordance with such Work involved. The cost of such Work shall then be de- agreement as the parties in interest may reach, or in ac- termined by the Architect on the basis of the Contractor's cordance with an award by arbitration in which case the reasonable expenditures and savings, including, in the procedure shall be as provided in Paragraph 7.10. If after case of an increase in the Contract Sum, a reasonable such loss no other special agreement is made, replace- allowance for overhead and profit. In such case, and also ment of damaged work shall be covered by an appro- under Clause 12.1.3.3 above, the Contractor shall keep priate Change Order. and present, in such form as the Architect may prescribe, 11.3.8 The Owner as trustee shall have power to adjust an itemized accounting together with appropriate sup- and settle any loss with the insurers unless one of the porting data. Pending final determination of cost to the parties in interest shall object in writing within five days Owner, payments on account shall be made on the after the occurrence of loss to the Owner's exercise of Architect's Certificate for Payment. The amount of credit this power, and if such objection be made, arbitrators to be allowed by the Contractor to the Owner for any shall be chosen as provided in Paragraph 7.10. The Owner deletion or change which resu:ts in a net decrease in cost as trustee shall, in that case, make settlement with the will be the amount of the actual net decrease as con- insurers in accordance with the directions of such arbi- firmed by the Architect. When both additions and credits trators. If distribution of the insurance proceeds by are involved in any one change, the allowance for over- arbitration is required, the arbitrators will direct such head and profit shall be figured on the basis of net in- distribution. crease, if any. 11.4 LOSS OF USE INSURANCE 12.1.5 If unit prices are stated in the Contract Docu- ments or subsequently agreed upon, and if the quantities 11.4.1 The Owner, at his option, may purchase and originally contemplated are so changed in a proposed maintain such insurance as will insure him against loss of Change Order that application of the agreed unit prices use of his property due to fire or other hazards, however to the quantities of Work proposed will create a hard- caused. ship on the Owner or the Contractor, the applicable unit ARTICLE 12 prices shall be equitably adjusted to prevent such hard- ship. CHANGES IN THE WORK 12.1.6 Should concealed conditions encountered in the performance of the Work below the surface of the ground 12,1 CHANGE ORDERS be at variance with the conditions indicated by the Con- 12.1.1 The Owner, without invalidating the Contract, tract Documents or should unknown physical conditions may order Changes in the Work within the general scope below the surface of the ground of an unusual nature, AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRIICTION• TWELFTH EDITION• APRIL 1970 ED. 16 AIAO - p 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, M.W., WASHINGTON, D.C. 20006 differing materially from those ordinarily encountered and shall, by appropriate Change Order, be charged to the generally recognized as inherent in work of the character Owner. If such Work be found not in accordance with provided for in this Contract, be encountered, the Con- the Contract Documents, the Contractor shall pay such tract Sum shall be equitably adjusted by Change Order costs unless it be found that this condition was caused upon claim by either party made within twenty days by a separate contractor employed as provided in Article after the first observance of the conditions. 6, and in that event the Owner shall be responsible for 12.1.7 If the Contractor claims that additional cost is the payment of such costs. involved because of (1) any written interpretation issued CORRECTION OF WORK pursuant to Subparagraph 1.2.5, (2) any order by the 13.2 Owner to stop the Work pursuant to Paragraph 3.3 where 13.2.1 The Contractor shall promptly correct all Work the Contractor was not at fault, or (3) any written order rejected by the Architect as defective or as failing to con- for a minor change in the Work issued pursuant to Para- form to the Contract Documents whether observed graph 12.3, the Contractor shall make such claim as pro- before or after Substantial Completion and whether or vided in Paragraph 12.2, not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Work, in- 12,2 CLAIMS FOR ADDITIONAL COST cluding the cost of the Architect's additional services 12.2.1 If the Contractor wishes to make a claim for an thereby made necessary. increase in the Contract Sum, he shall give the Architect 13.2.2 If, within one year after the Date of Substantial written notice thereof within twenty days after the occur- Completion or within such longer period of time as may rence of the event giving rise to such claim. This notice be prescribed by law or by the terms of any applicable shall be given by the Contractor before proceeding to exe- special guarantee required by the Contract Documents, cute the Work, except in an emergency endangering life any of the Work is found to be defective or not in ac- or property in which case the Contractor shall proceed in cordance with the Contract Documents, the Contractor accordance with Subparagraph 10.3.1. No such claim shall shall correct it promptly after receipt of a written notice be valid unless so made. If the Owner and the Contractor from the Owner to do so unless the Owner has pre- cannot agree on the amount of the adjustment in the viously given the Contractor a written acceptance of such Contract Sum, it shall be determined by the Architect. condition. The Owner shall give such notice promptly Any change in the Contract Sum resulting from such after discovery of the condition. claim shall be authorized by Change Order. 13.2.3 All such defective or non-conforming Work under Subparagraphs 13.2.1 and 13.2.2 shall be removed from 12,3 MINOR CHANGES IN THE WORK the site if necessary, and the Work shall be corrected to 12.3.1 The Architect shall have authority to order minor comply with the Contract Documents without cost to changes in the Work not involving an adjustment in the the Owner. Contract Sum or an extension of the Contract Time and 13.2.4 The Contractor shall bear the cost of making not inconsistent with the intent of the Contract Docu- good all work of separate contractors destroyed or dam- ments. Such changes may be effected by Field Order or aged by such removal or correction, by other written order. Such changes shall be binding on 13.2.5 If the Contractor does not remove such defective the Owner and the Contractor. or non-conforming Work within a reasonable time fixed 12,4 FIELD ORDERS by written notice from the Architect, the Owner may remove it and may store the materials or equipment at 12.4.1 The Architect may issue written Field Orders the expense of the Contractor. If the Contractor does not which interpret the Contract Documents in accordance pay the cost of such removal and storage within ten days with Subparagraph 1.2.5 or which order minor changes thereafter, the Owner may upon ten additional days' in the Work in accordance with Paragraph 12.3 without written notice sell such Work at auction or at private sale change in Contract Sum or Contract Time.The Contractor and shall account for the net proceeds thereof, after shall carry out such Field Orders promptly. deducting all the costs that should have been borne by the Contractor including compensation for additional ARTICLE 13 architectural services. If such proceeds of sale do not cover all costs which the Contractor should have borne, UNCOVERING AND CORRECTION OF WORK appropriate difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the pay- 13,1 UNCOVERING OF WORK ments then or thereafter due the Contractor are not suf- 13.1.1 If any Work should be covered contrary to the re- ficient to cover such amount, the Contractor shall pay the quest of the Architect, it must, if required by the Archi- difference to the Owner. tect, be uncovered for his observation and replaced, at 13.2.6 If the Contractor fails to correct such defective the Contractor's expense. or non-conforming Work, the Owner may correct it in 13.1.2 If any other Work has been covered which the accordance with Paragraph 3.4. Architect has not specifically requested to observe prior to being covered, the Architect may request to see such 13.3 ACCEPTANCE OF DEFECTIVE Work and it shall be uncovered by the Contractor. If OR NONCONFORMING WORK such Work be found in accordance with the Contract 13.3.1 If the Owner prefers to accept defective or non- Documents, the cost of uncovering and replacement conforming Work, he may do so instead of requiring its AIA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIONj-TWELFTH EDITION -APRIL 1970 ED. AIM - 0 1970 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 17 removal and correction, in which case a Change Order 14.2 TERMINATION BY THE OWNER will be issued to reflect an appropriate reduction in the 14.2.1 If the Contractor is adjudged a bankrupt, or if he Contract Sum, or, if the amount is determined after final makes a general assignment for the benefit of his credi- payment, it shall be paid by the Contractor, tors, or if a receiver is appointed on account of his in- solvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is pro- ARTICLE 14 vided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or persistently TERMINATION OF THE CONTRACT disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise 14.1 TERMINATION BY THE CONTRACTOR is guilty of a substantial violation of a provision of the 14.1.1 If the Work is stopped for a period of thirty Contract Documents, then the Owner, upon certification days under an order of any court or other public authority by the Architect that sufficient cause exists to justify such having jurisdiction, or as a result of an act of government, action, may, without prejudice to any right or remedy such as a declaration of a national emergency making and after giving the Contractor and his surety, if any, materials unavailable, through no act or fault of the Con- seven days written notice, terminate the employment of tractor or a Subcontractor or their agents or employees the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be and machinery thereon owned by the Contractor and may stopped for a period of thirty days by the Contractor for finish the Work by whatever method he may deem ex- the Architect's failure to issue a Certificate for Payment as to receive In such case the Contractor shall not is entitled provided in Paragraph 9.6 or for the Owner's failure to to receive any further payment until the Work is finished. make payment thereon as provided in Paragraph 9.6, 14.2.2 If the unpaid balance of the Contract Sum ex- then the Contractor may, upon seven days' written notice ceeds the costs of finishing the Work, including com- to the Owner and the Architect, terminate the Contract pensation for the Architect's additional services, such and recover from the Owner payment for all Work exe- excess shall be paid to the Contractor. If such costs ex- cuted and for any proven loss sustained upon any ma- teed such unpaid balance, the Contractor shall pay the terials, equipment, tools, construction equipment and difference to the Owner.The costs incurred by the Owner machinery, including reasonable profit and damages. as herein provided shall be certified by the Architect. AIA DOCUMENT AM-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -TWELFTH EDITION-APRIL 1970 ED. 18 AIA* - Q 1970 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 r ` •���'+ Bond No. 450515 .t CX7 THE WESTERN CASt1ALTYANI) SITRETY COMPANY f=� THE WESTEORN EIRE INSURANCE, COMPANY the Cornpan; to provide this bond ctwui igi. m!ii be designated with an " j . 1 01tT SC,011',K NNSAS 60701 PERFORMANCE BOND J Approved by TIIe 4timicwi ln--, ikle of Aral, ­1,;, A.I.A. 0oc,Irtent No. A-311 Feb. 1970 ED. t,�l KNOW ALL MEN BY THESE PRESENTS: That............................................................. .....Curtiss-Manes...Construction Company.,. Inc. . ................. .. ............................................. Ill^t• m!.rrt 1.,. ndntte .uu1 •ulJir•,•. .0 un,l� ht�u of tlur t,unUdr Iul P. 0. Box 233 — E1don,.. ..Missouri 65026 ............... .................................................. ...........................................I..... as Principal,hereinaftercalledContractor,andTHE WESTFRN CASUALTY ANO SURE-TY COMPANY and'of THE 'WESTERN FIRE INSURANCE COMPANY, Fort Scott, Kansas, as Surety. hereinafter called Surety. ;.ie held and firmly noun, untr ,The_City., o,f. Jefferson,.•City.,......................... ....Missouri 65101.................... ........... Ilene ntsurt full "dnut .Inc! •u1r1n+R•. ,.r 'u;t,r: title .I! vw OI•,n . ! as Obli ee, hereinafter called Owner, in the amount of Three Hundred Ten Thousand Three Eighty-Six and ----------------°^--- ---------^-------^---^---� ....�Q�a.oQ . .. ....... . ... ... ... ....." " - ..... ._"Dollars ....................... ......... for the prryment whereat Contractor .wrc ;utety tit id the, selves, their hells, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. Contractor has by written a,neement dated . April 8 19 ...76... entered into a contract with Owner for .General Construction' .concrete paving and carpeting for Fire Station ##1., Hiph Street at Bolivar- Street, Jefferson City, Missouri 65101 in accordance with Drawings and Specifications prepared by. The Architects Alliance,...1431,Southwest, Boulevard$..,.•.,,...,., .Jef fers.on..Ci.ty.,,..4issouri..65101... tat•.,• ttlzt•n t,rI n.It•.t• ,InN .f.1c!t•.•r. n .•)ti 1111, 1 A, I1.I.wI which contract is by reference made a part hrrenf, and is here,:-•liter wfene1 to .11. the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION I,, such that, .f ('o•:1 .1,h 1 shall promptly and faithfully perform said contract, then this obligation shall br! null and void; ulhetwlsu 11 sr,all remain tit tuft inict, .1110 01,-c•. The Surety hereby waiv^s notice of any alteration at uxit!nston al tirw '.,u1• h� the O:rner. Whenever Contractor shall be, and deciaied by Owner to be m default under t:u• C01111 lit, the Owner having performer) Owner's obligations thereunder, the Surety may promptly remedy the default, at shall promptly (1) Complete the Contract in accotdance with Its terms and conditions, of t (2) Obtain a bid or bids for completing the Contract in accordance lvitu its tents and conditions,and upon determination by Surety of the lowest respon- sible bidder, or, it the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner, and make available as 1','ork progresses, ,even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under iris paragraph) sufliclent funds to pity the c_nst of completion less the balance of the contract price; but not ex- ;Ir• ceeding, Including other costs and damages for which the Surety may be liable here•inder, the amount set forth in the first paragraph hereof. The term "bal- ance of the contrart price," as used in this paragraph, shall r•ean the total amount payable by O.vner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit tinder this bond must be instituted before the expiration of two (2)y^.us Irnm the date on which final payment under the contract falls due. No tight of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. 16th April .....................A.0. 19....76........... Signed and sealed this... .................... . ................................................. ......... . clay uf................,... ................................ r � k In the Presence gt'' ................., .....G.f...... ....lG t-,rtt.s:.,.............................(Seat) ............. ec--r F -.=-- JOE Q IS5 PRESIDENT ( I ulel } fHE WES1 F_RN CAS Y AND SURETY COMPANY �14E-Wj' TER �Ft F INSURANCE COMPANY .. ...... .. ........ fly `< 1�a O 3 Art,IrneS'-in•Fact Performance Bond for General Contractors. SS 5715(11 FORM FS 5617-134 MU L. POWER OF ATTORNEY ` The Western Casualty and Surety Company HOME OFFICE—FORT SCOTT, KANSAS KNOW ALL MEN 13Y THESE PTtFSCNTS: Th,it THt- WI'STF.RN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, it corporation Of the 'lote of K.uisdr,, havuu' itS ptinr ipal office n, the r ity of F oil Slott Kills;+' I`iif'ar,uit In the fullowuig Bylaw, which was adopted by the Sloi Ikliowt,p, of the S,iid Cmiyian> on Ilex voibm 2, 1:11,3, In•;,tt: "Section 21. RFSIDI.N1 OFFICERS AND ATT0PNFY5•IN-FACT. The InesidWil, ,mv vile president or the secretary shall have power and .nrlhority to appnnit re,ufent vile presul"nis, resufent ,ssisl.url secret,ines,lilt attonury,•ni-fact, and to give such appointees fullpower and au- thority to make, cxerute and deliver in the.name and on behalf of the corporation, hoods, recugnrtances, contracts of indemnity and other under- takings :utd vintui is of obligAnry neluiv, and to aftix thereto the coipor.tte se.il ill the ..niporation. The president, any vice president or the reLul, ,hall .also have pn,ver art any tune In remove and ]evoke lilt,milhonty Of ,lily ';ul h grpnuUee." doer, lu•rehy nunur..rte, roll"Ittiule .]lilt .tlqunnl Ray L. Broaddus, of Kansas City, Missouri, 0,; hue and la:fill agent's,and Attoniey,sl-in-Fart. In make. ,•,trcule, r it anti deliver for lino nn its hehalf, as Surety, and as its act and deed: Any and all bonds and undertakings. And the execution of such bonds or undertakings in pursuance of these prrscnts,shall be as binding upon said Company, as fully and amply, to.ill intents and purposes,as if they had heen duly executed an.1 acknr.,..brdge0 by the regularly elected officers of the Company at its offices in Fort Scott, State of Kansas, in their own proper person,.. She roilowinp Resolution was adopted at the Uu,i-terly Yleatinp c.t lio,vil of Direrlors of The Western Casualty vid Surety Company, held of, the i0tn(lay of Novel't;ei, 1910' "RLS01 VED,That the signatuies of officers of the Compam, &,rl Nte cal of the Company may be affixed by facsinn le to any Power of Attorney executed ru accordance with Section 27 of the Company Bvlawt and tt,nt u h F'ovwt of Attorney beai:ng such facsimile siFnattires, including file faf sr., I,. •innature of a rectifying A�.sist,int Secrets,., :ind tarsr•n It 1,I ill he v;ilid and hindrne upon the Company 'With respect t0 any bon,i. undetiakmrt or contract of suretvship in whirh if is ilia('u ct " All .tuthorrty hereby conferred shall r,.-,main to bull force and effect onti' terminated by the Coaip.iny. IN Wt TNFSS WHEREOF,THE WESTERN CASUALTY ANC SUP,E I1 ;_L-.MFANY has v wse•(' these presents to be srt,ned by its Vice-President, .ind its corporate seal to be hereunto affixed flits 26th. ,ily of April I9 73 ifir WFSTERN CASUALTY AND SURETY COMPANY L , •i w4" r STATE OF KANSAS Hy COUNTY OF BOURBON ss Vice President oil If ,..26th..., day of. .....April . . A- D., 1`l 73 , befote the subscitbrr, a Notary Public in the State of Kansas in and In: the County of Bourbon, duly commissioned and qualified, camp •i .. U (,c>'1 .. ..I . President of THE WESTERN 1. CASUALTY AND SURETY COMPANY, of Flirt Scott, Kansas to n e per ,mail known to be the individual and officer described in, and who exe- cuted the preceding instrument, and he acknowledged the execution cif i;,e sar,a, and being;by ere duly sworn, deposeth and saith, tnat ne is the official of the Companyafoiesaid,and that theseal affixed to the pier_euing ,nsburnenl is the corporate seal of said Company,and the said corporate sisal and his signehne as officer were duly affixed and subscnhed to th,t Saud risl,urle nt by the authority and direction of the said Company, and that Bv'ac:, Secl,cm 27, adopted by the Stockholders of said Comp,uiy, n.teue,l•to in the preceding .nstrument, is'now in force. IN TESTIMONY WHEREOF. I have hereunto set y hand and afhx.•n •my offi,ial Seal at the City of Fort Scott, the day and year first above i troll. ;`O QOj • NOTARY illy commission expires September 5, 1976 rueuc Notary Public. •-•.d�,,o�xl,.,. 1 fl. . . DuVrt 1 1 Assistant aerietafy of THE WESTERN CASUALTY AND SURETY COMPANY, do hereby certifv that the above and foregoing is a true and correct copy .i a ;tower of attorney executed by said THE WESTERN CASUALTY AND SURETY COMPANY, ,vliicn is still in full force and effect. IN WITNESS WHEREOF, I nave signed this certificate at Foil Scott, Kansas, th-s.. ...... .... .............................. .................day of April.. 16 .. ........ .. .. 76........... /uaut Assistant Secretary. FORM FS 5090•R2 -.�....-- - -----•--'--'- -'. _'_.. �_-•^-- ..__ -_.._._ _. Bond No. 450515 'I`III; WE SIT RN (-'.ASITA1A") .dkN1) SITRETY COMPANY FOICT tit 4 W 1•, K t\ti%S A 5roc.K INStIItANGC. COMPANY LABOR AND MATERIAL PAYMENT BOND Approved by ihr ginetnCdn Insfrfu►e of Aft hill*,.' ,. A.I.A. 0ni Iurtenl 1Jo. A•311 Feb. 1910 ED, Note: This bond is issued simultaneously with performance bond In favor or! ihr• mnler rnndltloned on thr roil mid faithful performance of the contract. KNOW ALL MEN BY THESE.PRESENTS: That......,Cµ.irtis.-Manes...Construction„Company, Inc. - P.O. Box 233 - Eldon, Missouri 65026 ...... .................................. I h•.. u,•..•rt �u'� '.�trl�• ,nnr .I.LIn�• ,. ,, •,!r' Iil •• , ' Ili.• I� n.ir•, .,+ •.......................................................................... .. .. .. ...... .... . ... ... . .. . . ............. ...................... .. as Principal, hereinafter called Fiincipal, and THE WESTERN CASUALTY AND SURETY COMPANY, Fort Scott, Kansas, as Surety, heieinaftet called Surety, are hold and firmly bound unto..Thg...pity..o.f...Jef feraon City o.. Missouri 65101 ................................................................................................. ........... ... ....................................................................... as Obligee, hereinafter called Owner, fe; the use and belief'*, of cf'w arts a-,)•• n•mbein;r lefuled, m the a'nount of Three Hundred„ Ten ...Thousand ..Th.ree .Hundred...Eighty-Six and.no/100 onars ,,I.•r,• ,.:•.,.ri . ...I.. . I . „it .,. � I �. .,. 1 !•� �. .... ... .. 310,386.00 ful t'n•pavmet ! .',•I• 1 I't 0 .•:t ',I mh 1),ld tl o,­,elves, theft her s, executors, administrators, successors, and assigns, )olntty and sever;0ly, flt+nk' by these presents. WHEREAS. Principal t a^ ty wlltbvh it 1:11'.0 April S 19 ,76•.•.••enteree Into a contract with Owner for ....Gen.eral Construction, concrete paving and carpeting for Fire Station #1, High Street .......at..Bolivar. .Street, . Jefferson City, Missouri 65101 in accordance with Drawings and Specifications Crepa(ed by The Architects Alliance, 1431 Southwest Boulevard, •tefferson... i.tY,. Mirsouri 65101 . which contract Is by reference rTmde a p,nt hens f, mi(i •; twt. i,io let ref.,f,o f I. •I, i'll, C ooll'it I. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is s.;:'+ t.... + t P it I nail s11,01 tncu•otly cake payment to all Llainnants as herein- after defined, for all labor ,Ind material isf;d or re;r..ahabR' r.•m,lr•rd for w. ,- t I; I,.:.• of the C(a+ir +, I.then this obligation shall be void.othetv,tse it shall Icmain In full Torre and rfferl subject, h ..r:er in I".. •r.11n:..•I': . 1. A claimant Is dehiwd re: line ihovmg a(loect I( Iluir t -101 tho f" . .;..•. '•) .I •.uhcontiactrn of the Pt+nclp,l for labor, t-iAenii, or both, used or reasonably required fill wx In the pelfcr'I:nice of :hl! ('01itr,10, 'JI)"I ,h'IJ .It•• '.I .•.lie oils 1lit'd to IncI,.,L: that poll of ,eater,gas, power, light, heat, oil, gasoline, telephone service of rental of equipment duectly oppllt W 1” ! the (.m' a 1. 2. The above named Pinichi)al and Surety hereby )nunl` and sever-Illy agreo .. : the Gamer th,it every clauuant as •:erein defined, who has not been paid in full before the expiratior,of :I period Of ninety 90.(tayc after rho .l.de ,:•I :,'I co tax; i,tst (d ;.uclh i Idlmdnt'c: work or labor was done of performed, of materials ::ere furnished by such claun,uht, clay sue of; this bond for tine user of :uch cl.nrhant,prose�ute the suit to final iudga'eM fat such sum of sums as may be justly due claimant, and have execution itwit-on, P,o O.:her Sr,.Ill not lie '..Ibl" 1­1 tl+e p,Iyr.u'rt of ,rny costs or expenses of any such surf. 3. No stilt or action shalt he commenced heroundcr by Any I I,Ilrl.lnt, (a) Unless claimant, other than one having a direct contract ..Ith Ow princlp.Il. slial; have glv n written notice to any two of the following: The Prin- cipal, the Owner, of the Surety above mimed, 'wtthoi ninety 190i lays after suer Lur,u•t ,tn1 of pe.fonned the last of the work or laboi,or furnished the tast of the materials for whichsaid (Axial is made, staling with substjon.rl m-l'of,it n pu• ,Inlm,nt ( launed .Ind the name of the party to whore the materials were furnished, of for whom the work or labor was done of penlon„ed. such not,(e SII,111 be S•• "V'i by ill:ulmg the sane by registered mall or certified mail, post- age prepaid, in an envelope addr(ssed to the Ptuhcrpal, O:ale( or Surety, it any PI,(tc chore ail ethce is regularly nhaintahned for the transaction of busi- ness, or served in,Iny manner nn which Ie9.11 process nhav be !,('fved nh the Sidi" Ill ::hl. n the aforesaid protect is located, save tnat such service need not be made by a public officer. (b)After the expiration of one 11) year following the date on 'which Probed'Il ceasvo work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law c.ontroliuhg the conslr:iution hrr•caf sueti limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such la'%. (c)Other than in a state. court 01 competent IMISdretlnn m ,Ind for the county er ithet pchtical subdivision of the state In which the project,or any part thereof, m situated of tit the United States District Court for the di%tilct tin va(,rt !•x; project, of any pant thereof, Is situated, ,ind not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment of ;;ayments made in good faith hereunder,inclusive of the payment by Surety of mechanics' liens which may be filed of record against said inhptovemt•nt, whether of not claim for the amount of such lien be presented under and against this bond. Signed and Spaled till*,...•.16th Il,hy of.......... April .................A. D. t9.....7.6..........•.......... ... In the prese;jdy� ../ / ,. 4 �...w1G.�.{..:a..L.w. .,(Sea 11 11 rinrlp,11) z�- �t ... ,tuanss,Prs�oENT.................. ................................. /.......... ...... ................................................... ...................... ('hiIIe1 ..................... PE WEMRN Cg UAL-r�AND SURETY COMPANY ................................................................................................................. By ... jl fib � ��c .day •. �roaddus .................. Form FS 5618-R3 POWER OF ATTORR EY• The Western Casualty and Surety Company 140ME OFFICE—FORT SCOTT, KANSAS KNOW ALL MEN BY 111EiSl_ f'RF.SI'NTS: That THE Wf_S1 r.RN I'A-MALI Y AND SURETY COMPANY, of Fort Scott, Kansas, a corporation of the Stair of Kans,ls, hound! Its 1111114 ipal office nr the city 1d P oft Sr 1 1 KarS,v, pur!,u mt to the fnllownlR Bylaw, vino!, was adopted by the Slockholdoiii of fire said Comp.mv on Octemhrl 2, IT,3, to wil: "Section :'7, RESIDi-fill' Of-FICERS AND AIIORNEYS•IN•1 AU 'ho Iitestdent, anv vice president or the secretary shall have power and authority to appnnit rrsidrnt urn• prrsrtli,nis, rc!.idrnt ,Itistetant se(.Frt";wS and altorncy" 1)4,0, and to give such appointees fullpower and au- flintily to hake, excr oto and drllvel nn the name and on 1101,111 0l tit,, t of{lnratron, bonds, iecognizooces, contracts of indemnity and other under- takings ,!rid wulurgs hl obhg,doty flat inr. and to .7ffIx llvrretu till, r. ofaIt! ,cal o the coIpot III on, The president, any vice president or the ,ec.t0.1ty ~11,111 ,Ilgo have povrel al mw It:"(! fu remove ,uul revoke till .nithunly ill any ,;ucn appointer." does htvl,hv nuuiit,.rlr, conslrh,tc .md aplir-urt Ray L. Broaddus, of Kansan, Cit"y, Missouri, its true mill lav;fnf .1NCntrsi and Attorneyrr,r•iu•F.ic!, to r,ike. execute, %t .. owl :1eiiver tot ;tilt' un its heh,ttf, as Surety, .ind as its act and deed: Any and all bonds and undertakings. And the execution of such bonds or undertakings in pursuance of the,.;!, wesews. shall be as hinding upon said Company, as fully and amply, to all Intents ,ind purposes,os If they had bran duly executed and ackno•v lodged by Nfo regularly elected officers of the Company at its offices in Fort Scott, State of Kansas, in their own proper persons. The lollowung Resolution was ado•itrn at tho Qtwrtetly *i;eettiiv o! 114, ito:itti .a! Duurwis of The Westein Casualty and Surety Company, held on the 111•ti clay of November, 1910: -RES0LVED,That tilt! signatures of ofhr ire of the Company and t6c .e.r, of the Gomp,ln,, may be affixed by facsimile to any Pourer of Attorney rxr;Wort i,i ,wcordan(e with Section 27 of the Cmr,pariy Rvlav:a,anc! that al, such Povvet of Attorney h-aril(! such facsimile signat;Bes, Including 11- la,:otnile signature of a certifying Assistant Secretary, and farsimilrr ,:I %hair he v,tli,l and hmu nv. upon the Company with respect to any i•ond, undeitakuag or cooLar.t of sutetyshiD in win, ,, It is altached.' All auttrnnty hereby cnnlerred shall femaut nil Intl tot,.e and effect until teimrn rte•' ',y the Company, N WITNESS WHEREOF, THE WESTERN f:A;'1ALTY AND SURE TY CM 'ANY h,,,; rn:%t•d tins- , escots to be signed by its Vice-President, and its cotpnr rte %lei to be hereunto afftx,•d thi!, 26th my of April ... ;g._73 1'HF WESTERN CASUALTY AND SURETY COMPANY nve SFA�.° STATE OF KANSAS ii'. COUNTY OF BOURBON ss Vice Presiuent On ti„: .26th. .day of........April................ .. .. A. D., 19 73 . , before the suhsr.nbei, a Notary Public in the State of Kansas in and tot the County of Bourbon, duly commissioned and qualified, carne.. V• J • Il'Go rek, Vi.t'(! Pr el,;t.c!nL of THE WESTERN CASUALI'i AND SURETY COMPANY, of Fort Scutt, Kansas to the personally knovin Ie be the individual anc officer described in, ,and who exe- cuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the ofhcer of the Company,ifoiesaid,and that the seal affixed to the preceding .n,ttument is the coipuiate seal of Said Company,and the said corporate s;!ai and his signature as officer were duly affixed and subscribed to the sail msti,wient by the ;iutnonty and direction of the said Co•^pany, and VIM Bylaw, Section 27, adopted by the Stockholders of said Company, iefertt,d r, ,n ore preceding Instrument, is now to force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed •iy official seal at the Citv of Fort Scott, the day and year first above W1 itten. O 9.7•: NOSANY My co•ttnussion -.pires September 5, 1976 •, PUBLIC;•` Notary Public. !.o* o,r,'•' 1 H. E. UuVn 1 l Assistant Secii!laty of THE WESTI"RN CASUALTY AND SURETY COMPAN't', do hereby certify that the above and foregoutg is a true and correct copy of e f,curet of attorney exe utel by said THE WESTERN CASUALTY AND SURETY cc)mrAN'i, which is still in full force and effect. IN WITNESS April EREOF. I have signed thisgir-Oilicote at Foil Scott, Kansas. 1h;, day of hjr( 4 16 �� BF:AL �t�,,.t !1 Asslst:int +eret,uy. FONM FS SR90•17: The Hanover Insurance Companies EXEC1,11 WE OFFICE:WORCESTER.MASS 01605 CERTIFICATE OF INSURANCE This k to cvrtif�, that the Company designated bi-low li.is issued iich of Oic fell­wing policies as are indicated by entry of a Policy 'Um- I)C[ri below, (!gectl%e as of the dates and for the periods sill,!(ifit-d jill(I stjlijv(t to all provisions and limitations of such policies, whether shown by endorsement or otherwise: LIMITS OF LIABILITY TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD BODILY INJURY PROPERTY DAMAGE -WORKMEN'S COMPENSATION WC76 23 14 1/1 NO COVERAGE -and'EMPLOYERS'­LIABILITY $ NO COVERAGE COMPREHENSIVE 00 00 EAC 100, 000 EACH l/l/76 $ "RRENCE $ GENERAL LIABILITY AiGL82 88 29 A�9 Y-1. ----- --OCCURRENCE- /77 $ 300 000 AGGREGATE -$ 100 , ()()() AGGREGATE -GENERAL $ EACH — CONTRACTORS'LIABILITY $ FACH OCCUR R LNCE OCCURRENCE $ AGGREGATE OCC URRENCE OWNERS'AND CONTRACTOR $ PROTECTIVE LIABILITY EACH OCC VR $ OCCURRENCE $ AGGREGATE OWNERS' LANDLORDS AND TENANTS'LIABILITY -YA—r.. $ EACH OCCURRENCE OCCURRENCE COMPLETED OPERATIONS AND EACH OCCURRENCE $ OCCURRENCE PRODUCTS LIABILITY AGGREGATE $ AGGREGATE COMPREHENSIVE 3001.000 EAC AUTOMOBILE LIABILITY AGL82 88 29 1/1/76 $ OCCURRENCE $ 100,000 EACH OCCU OCCURRENCE EACH OWNED AUTOS A $ OCCURRENCE $ OCCURRENCE RRENCE EAC if HIRED AUTOS E ACH ACH $ $ OCCURRENCE EACH OTHER NON-OWNED $ PERSON AUTOS EACH EACH $ OCCURRENCE $ OCCURRENCE Umbrella Liability UXL50127-11 cr 12/18/713 1 ,000, 000 each occurrence X 12/18/76 I �4-1 Written with Northwestern National Insurance Comiany. Description of Automobiles, Promises, Location or Naturo of Operations: All owned and non-owned automobiles . Fire Station No. I , Jefferson City , Mo. 65101 . Nothing herein contained shall be held to vary, alter, waive or 4:xtend any of the terms, condition, agreements or limitations of the" Policy's oilier than as stated, Herein. This certificate issued Its: �ame ond Addross of InsuAd; City of Jefferson urtiss-1vianes Uonstruction Co. , Inc. J Highway 54 at 12th Street Jefferson City, Missouri P. O. Box 233 Eldon , Missouri 65026 If the above described Policies are canceled prior to the date of expiration at the request of the Company. the Company will give ten days advance notice by mail to the party to whom this Certificate is issued. If the above described policies are materially changed so as to restrict or reduce the amounts of insurance as stated above or to change the name of the Injured, the Company will notify by mail the party to •horn this Certificate is issued. IX THE HA NOVE R INSURANCE COMPANY C14USETTS BAY INSUPA CE CON',PANN' CALIFORNIA COMPENSATJY6 gj Date... ...... By:........... .... .. .. u n e ge..................... n c y resenta ive -7 Fora 221 6278 (Rev. 1/73) The Hanover Insurance Companies EXL(',)I IV F Or I ICE ')')11(.1 Sr 1714,N1 ASS 0 IGO!) _&MR#rA GFOOM CERTIFICATE OF INSURANCE This is to certify that Ill, Company cle-,"Inate-d I­!.­. 11— 1-11-1 11d, J Illo Poll(irs a•, aw incli(ated by entry of a poliry num her below, effective as of the dates and for ill( il, ilwk tn,l ,uhw(i it. all iiro%isions and !imitations of such poh•-Ie., %kilvillv, shown 6y endorsement or othetwke: TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY FIODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION WC76 23 14 l/1%7V y STATUTORY NO COVERAGE and EMPLOYERS' LIABILITY IQQ.ol)o NO COVERAGE COMPREHENSIVE - 4ACH 0 FACH 1/1/7 $ 300, 000 OCCUR R ENCF $ 100'.__ -li(CURArNCE GENERAL LIABILITY 8LGL82 88 29 00 I Z:z $ 300 (JOL)AGGREGATE $ 100,000 AGGREGATE EACH MANUFACTURERS'AND $ 9!;L URHENCE FA CONTRACTORS' LIABILITY $ OCCURRENCE $ AGGREGATE OWNERS'AND CONTRACTOR $ EACH PROTECTIVE LIABILITY $ OC'.1,RRENCE $ AGGRtGATE OWNERS' LANDLORDS AND TENANTS' LIABILITY OCCURRENCE $ EACH RRENCE OCCURRENLE COMPLETED OPERATIONS _e.AC OCCURRENCE_ H' *­ ­ _ H AND OCruRRLNCF $ OLLURHENCE PRODUCTS LIABILITY $ AGGRILGATL $ A(iGREt.ATE EACH COMPREHENSIVE 3 0 0 OQQ'E.,nN__ AUTOMOBILE LIABILITY AGL82 B8 29 $ r - EACH EACH (joOO(IOCCURRENCE $ 100,000 O C CL;RRrNCF IACH PIERSON OWNED AUTOS $ Y EACH $ EACH CtC r LTIIE NqE_ -OCCURRENCE EACH 0 _j $ PERSON HIRED AUTOS EACH----_ ' EACH OLCURRENCE $ 0('CURRENrE EAH OTHER NON•OWNED PERSON AUTOS I $ P.m $ EACH Of.(LIRRENCE OCCUROFOICE Umbrella Liability XL50127-1 I 18, i 3 I 1 000 , 000 each occurrence 12,118 7 Written with Northwestern National Insuran( C 0 111 i)any. Description of Automobiles. Promises, Location or Nature of Operations: All owned and non-owned automobilcs . Fire Station No. I , Jefferson City, MO. 6 10 1 Nothing 111010111 LoIltaloOd !;hall bt: held to vary, alter, waive, ot :xIond any (if the Ioroi,,, c(milition, agreements or hniita?ioll of II)c Policy's other than as slated. Hereiii.—__ This certificate issued to: m1s, end Addtosi of InsuMd: City of Jefferson ,Irtiss-maiies C;anstruction Co. Inc. Hioliway 54 at 12t1i Street Jefferson City, Missouri i !). O. Box 233 lFiduril Missouri 65026 If the above described policies are canceled prior to the date of expiration at the request of the Company, the Company will give ten days advance notice by mail to the party to whom this CertifiLate is Issued. If the above described policies are materially changed so as 1- restrict or reduce the amounts of insurance a, stated above or to change the name of the Insured, the Company will notify by mail Ole I-arty to %,%h(,m this Certificate is issued, r 1 THL HAC40VER INSURAI`jCF- COMPANY � . MAS.;ACIIHSETTS BAY I.*jSUPANCE CC%IPANN' CALIF:)HNIA C0I`APFN5ArjyP r t ILM.1 iMIY, Bank Insurance Agency 1..976......... By:- ... ... ... ......... I.... .. ...... Date Authorized Representative Forrn221-6278 (Ray. 1/73)