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Home My WebLink AboutResolution - 082770F - Contract - Ed Lampe Building Contractors Inc - Signal Shop Building - 08/27/1970COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland; and in the Territories of the United'States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. The he it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name' and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing'or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the. nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs,, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 11 E. Donald Bangs ; an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a Rill, true and correct copy of the original power of attorney given by said Company to Pete Hudgina to Jr. „f Lubbock, Texas , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the llth day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on 8-6-70 /1 (Date) ` t , ARTICLE 5 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 (State here the lump sum amount, unit prices, or both, as desired.) Nineteen Thousand Six Hundred Sixty —Six and no/100 ($199666.00) which includes the Base Bid and Alternate Nos. 1 d. 2. ARTICLE 6 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 tenth (loth) 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 equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to the first (1st) day of that month, 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. (Here insert any provisions made for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • SEPTEMBER 1967 EDITION 3 AIA® © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASH., D.C. 20006 IL ARTICLE 7 FINAL PAYMENT Final payment, constituting the entire unpaid 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 has then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 8.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed 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, other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) SPECIFICATIONS Table of Contents...........................................2 Bidding Requirements........................................4 Contract Forms ................... •..........................1 General Conditions..........................................1 Division 1 Thru 16..........................................63 DRAWINGS The following drawings are to be used for construction of this project, all dated July 28, 1970. Sheet 1 Floor Plan and Foundation Sheet 2 Framing Plan and Elevations Sheet 3 Electrical and Mechanical Plan ADDENDA Addendum No. 1 July 28, 1970 .............................1 Addendum No. 2 July 30, 1970 ...... .................... ...2 AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • SEPTEMBER 1967 EDITION AIA® © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASH., D.C. 20006 4 ... _....... _.. ......w i✓n::..ar.:.Yti:rxn.xiwuY:iWW.---..._.�_--.... _.--u..0 ..:..-.,,.,w..0 PROPOSAL Dates �LO ...,.. . -Honorable,James H. Granberry Mayor .City of Lubbock Lubbock, Texas Dear Sir: Having'•carefully examined the Instructions to Bidders:, the General Conditions of;.the Contract, and Specifications entitled: "Signal Shop for City of'Lubbock,: ;s y Traffic Department, Lubbockt Texas", and the drawings similarly entitled as - -prepared by Maeker-Stephens-Sessions, Architects and Engineer, of Lubbock,;, Te'xasj'as well as the premises and,the conditions affecting the,work, the undersigned proposes to furnish all materials and labor called for.by them in.accordance`with the said documents of which this proposal 'is a party for the following sum which is termed his Base Bid: s ieeA) 7 Js N i Ne. sl #J 0 eJ 9 900 _1 y x �z . If evaporative coolers, unit heater ALTERNATE N0. 1• s and electric heaters are omitted and roof -top heating and cooling units are ,- provided in lieu thereof as described in Section 15B for; . .. .:. ;'. this alternate. O D ADDS : r w Iwo ,�dt@ s,X s ��-.y X. The undersigned -acknowledges -receipt of _ ' addenda to this If:awarded the contract,. the undersigned -agrees to complete same in calendar days from • date of award. -'If he be notified"of,the acceptance of this ''proposal within thirty {30) days of =the -'time _ set for .the opening' of bids, he agrees to 'execute a- contract for the,above work•for'the.above stated compensation in the form of.the standard egreement'of'the American Institute of Architects. Shouid it become necessary to deepen footings under foundations the.,,undersigned- agrees that -the following unit prices will apply on any,additions :to the work;, which prices shall include overhead, profit, taxes and all other related•costst- of Pagel 2 , x t s - `^ s No Text � � Y This OWNER ed the day and year first written above. LUBBOc;RS! .'H. Granberry, Mayor = ATTEST: W CONTRACTOR LaveiK _Lorwe, City (Secretary -Treasurer APPROVED: fJl` Fred 0. Senter, Jr., City Att ey Ed Lampe Building Contractors, Inc. L4 _ Lampe, Presid nt AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • SEPTEMBER 1967 EDITION 5 AIA® 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASH., D.C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A201 General Conditions of the Contract for Construction TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 2. ARCHITECT 3. OWNER 4. CONTRACTOR 5. SUBCONTRACTORS 6. SEPARATE CONTRACTS 7. MISCELLANEOUS PROVISIONS 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE 12. CHANGES IN THE WORK 13. UNCOVERING AND CORRECTION OF WORK 14. TERMINATION OF THE CONTRACT Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, ® 1966 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of The AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA ® 1 SEPTEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 JANUARY 1%7 PRINTING • SUBPARAGRAPH 4.18.3 REVISED Owner for all attorneys' fees and court costs which the Owner has incurred. 7.8 TESTS 7.8.2 If after the commencement of the Work the Architect determines that any Work requires special in- spection, testing or approval which Subparagraph 7.8.1 does not include, he will, upon written authorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Con- tractor shall give notice as in Subparagraph 7.8.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Docu- ments or, with respect to the performance of the Work, with laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.10 ARBITRATION 7.10.1 All claims, disputes and other matters in question arising out of, or relating to, this Contract or the breach thereof, except as set forth in Subparagraph 2.2.9 with respect to the Architect's decisions on matters relating to artistic effect, and except for claims which have been waived by the making or acceptance of final payment as provided by Subparagraphs 9.7.5 and 9.7.6, shall be de- cided by arbitration in accordance with the Construction Industry Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 9.3 PROGRESS PAYMENTS 9.3.3 The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances, here- inafter referred to in this Article 9 as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing the Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 9.7 SUBSTANTIAL COMPLETION AND FINAL PAYMENT 9.7.1 When the Contractor determines that the Work or a designated portion thereof acceptable to the Owner is substantially complete, the Contractor shall prepare for submission to the Architect a list of items to be com- pleted or corrected. The failure to include any items on such list does not alter the responsibility of the Con- tractor to complete all Work in accordance with the Contract Documents. When the Architect on the basis of an inspection determines that the Work is substantially complete, he will then prepare a Certificate of Substantial Completion, which shall state the responsibilities of the Owner and the Contractor for maintenance, heat, util- ities, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein, said time to be within the Contract Time unless extended pursuant to Paragraph 8.3. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsi- bilities assigned to them in such Certificate. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable pre- cautions for the safety of, and shall provide all reason- able protection to prevent damage, injury or loss to: .1 all employees on the Work and all other per- sons who may be affected thereby. .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, and .3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of per- sons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by exist- ing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promul- gating safety regulations and notifying owners and users of adjacent utilities. 11.3 PROPERTY INSURANCE 11.3.4 The Owner shall file a copy of all policies with the Contractor prior to commencement of the Work. If the Owner does not do so, the Contractor may then effect insurance which will protect the interests of him- self, his Subcontractors and the Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. 12.1 CHANGE ORDERS 12.1.6 Should concealed conditions encountered in the performance of the Work below the surface of the ground be at variance with the conditions indicated by the Con- tract Documents or, should unknown physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either party made within a reason- able time after the first observance of the conditions. AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA SEPTEMBER 1966 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200D6 APRIL 1967 SUPPLEMENT • SUBPARAGRAPHS 1.2.3, 4.5.1, 4.5.2, 4.7.2, 4.8.1, 4.9.1, 5.2.2, 5.4.2, 6.2.3, 7.11.2, 7.10.1, 9.3.3, 9.7.1, 10.2.1, 10.2.2, 11.3.4, AND 12.1.6 REVISED 1.2 EXECUTION, CORRELATION, INTENT AND INTERPRETATIONS 1.2.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. The intention of the Documents is to include all labor, materials, equipment and other items as provided in Subparagraph 4.4.1 necessary for the proper execution and completion of the Work, and also to include all work which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words which have well- known technical or trade meanings are used herein in accordance with such recognized meanings. 4.5 WARRANTY 4.5.1 The Contractor warrants to the Owner and the Architect that all materials and equipment incorporated in the Project will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Docu- ments. All Work not so conforming to these standards may be considered defective. If required by the Archi- tect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 4.5.2 The warranty provided in this Paragraph 4.5 shall be in addition to and not in limitation of any other war- ranty or remedy required by law or by the Contract Documents. 4.7 PERMITS, FEES AND NOTICES 4.7.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the Work. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect in writing, and any necessary changes shall be adjusted by appropri- ate Modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Architect, he shall assume full responsibility therefor and shall bear all costs attributable thereto. 4.8 CASH ALLOWANCES 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allow- ance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Architect may direct, but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when deter- mined, is more than or less than the allowance, the Con- tract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, overhead profit and other ex- penses.resulting to the Contractor from any increase over the original allowance. 4.9 SUPERINTENDENT 4.9.1 The Contractor. shall employ a competent super- intendent and necessary assistants who shall be. in at- tendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Architect, and shall not be changed except with the con- sent of the Architect, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor and all communications given to the superin- tendent shall be as binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.2 If, prior to the award of the Contract, the Owner or Architect has a reasonable and substantial objection to any person or organization on such list, and refuses in writing to accept such person or organization, the sucess- ful bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If the successful bidder submits an acceptable substitute with an increase in his bid price to cover the difference in cost occasioned by such substitution, the Owner may, at his discretion, accept the increased bid price or he may disqualify the bid. If, after the award, the Owner or Architect refuses to accept any person or organization on such list, the Contractor shall submit an acceptable substitute and the. Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting a name with respect thereto prior to the award. 5.4 PAYMENTS TO SUBCONTRACTORS 5.4.2 If the Architect fails to issue a Certificate for Pay- ment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Con- tractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment should other- wise have been issued, for his Work to the extent com- pleted, less the retained percentage. 6.2 MUTUAL RESPONSIBILITY OF CONTRACTORS 6.2.3 Should the Contractor cause damage to the work or property of any separate contractor on the Project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Owner's expense and, if any judgment against the Owner arises therefrom, the Con- tractor shall pay or satisfy. it and shall reimburse the AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA SEPTEMBER 1966 © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 APRIL 1967 SUPPLEMENT • SUBPARAGRAPHS 1.2.3, 4.5.1, 4.S.2, 4.7.2, 4.6.1, 4.9.1, 5.2.2, 5.4.2, 6.2.3, 7.6.2, 7.10.1, 9.3.3, 9.7.1, 10.2.1, 10.2.2, 11.3.4, AND 12.1.6 REVISED INDEX Acceptance of Defective or Non -conforming Work . . 13.3 Access to Work . 2.2.3 Accident Prevention . . 2.2.4, 10 Additional Costs or Time, Claims for . 12.2.1 Additional Work . . . . . . . . . 12 Administration of the Contract 2.2 Agreement, Extent of . 1.1, 1.2 Allowances, Cash . . . 4.8.1 Applications for Payment 2.2.5, 9.2.1, 9.3.1, 9.3.3, 9.4.1, 9.4.2, 9.5.1, 9.6.1, 9.7.2 Arbitration, Owner -Contractor Claims and Disputes 2.2.6 through 2.2.12, 7.10 ARCHITECT 2 Architect, Definition of 2.1 Architect's Access to the Work . . 2.2.3 Architect's Authority . . 2.2.2, 2.2.12, 2.2.14, 4.17, 2.2.17 Architect's Authority to Reject Work . 2.2.12 Architect's Authority to Stop the Work . . 2.2.12 Architect's Decisions . . 2.2.6 through 2.2.12 Architect's Interpretations 1.2.5, 2.2.6 through 2.2.11, 12.1.6 Architect's Full-time Project Representative . . 2.2.16 Architect's Status 2.2 Architect's Visits to Site . . 2.2.3, 2.2A, 2.2.15, 7.8, 9.7 Bonds, Contract (Performance, Labor and Material Payment) . 7.5 Builder's Risk Insurance (See Property Insurance) . 11.3 Cash Allowances . . 4.8.1 Certificates for Payment 2.2.5, 2.2.15, 5.4.2, 9.4, 9.5.1, 9.6.1., 9.7.2 CHANGES IN THE WORK . . 12 Changes, Minor . 2.2.14, 12.3 Change Orders 2.2.14, 12.1 Change Orders, Definition of . . 12.1.2 Claims and Disputes Between the Contractor and the Owner 2.2.6 through 2.2.12, 7.10 Claims for Additional Cost or Time 8.3.2, 8.3.3, 12.1.6, 12.1.7, 12.2 Claims for Damages . . . . 7.4, 8.3 Claims of the Subcontractor . . . . . . . 5.3.1.4 Cleaning up . 4.16, 6A Codes . 4.7.2, 10.2.2 Commencement of the Work . 8.1.2 Contract Bonds . . . . . . . . . . . 7.5 Communications . . 2.2.2, 3.2.4, 4.9.1., 4.17 COMPLETION, PAYMENTS AND . . . . . . . . 9 Completion, Substantial . . 2.2.15, 8.1.3, 9.7 Contract, Definition of . 1.1.2 CONTRACT DOCUMENTS 1 Contract Documents, Copies Furnished and Ownership of . 1.3 Contract Documents, Definition of . 1.1.1 Contract Documents, Execution, Correlation Intent and Intrepretations of 1.2 Contract Modifications 1.1.1, 1.2.5, 12 Contract Sum, Changes of . 12.1, 12.2 Contract Sum, Definition of . . 9.1.1 Contract Termination by Contractor . . 14.1 Contract Termination by Owner . 14.2 Contract Time . 8.1.1 Contracts, Separate . . . . . . . . . . 6.1 CONTRACTOR . . . . . 4 Contractor, Definition of 4.1 Contractor, Stopping the Work by the . . . 9.6.1 Contractor, Termination of the Contract by the . . . 14.1 Contractor's Liability Insurance . . . . . 11.1 Contractor's Relations with Subcontractors . . 1.2.4, 5.3 Contractor's Responsibility for Protection and Safety . . 10.1, 10.2 Contractor's Responsibility for Those Performing the Work . . 4.10 Contractor's Review of Contract Documents . . 4.2, 1.2.2 Contractor's Superintendent . . 4.9.1, 10.2.5 Contractor's Supervision and Construction Procedures 4.3 Contractors, Mutual Responsibility of . . . . 6.2 Copies Furnished of Drawings and Specifications . 13.1 Correction of Work . . 13.2 Cutting and Patching of Work . . . . . . . 4.15 Cutting and Patching Under Separate Contracts . 6.3 Damages, Claims for . . . . . . . 7.4, 8.3 Damages for Delay . . 8.3.4 Debris Removal . . 4:16, 6.4 Deductions for Uncorrected Work . . 7.6.1, 13.3.1 Defective or Non -Conforming Work, Acceptance of . . 13.3 Delays and Extensions of Time . 8.3 Documents, Execution of the Contract . . . . . 1.2.1 Drawings and Specifications at the Site . . . 4.12 Drawings and Specifications, Ownership of . . . . 1.3.2 Drawings, Arrangement of . 1.2.4 Drawings as Written Intrepretations . . 1.2.5 Easements . . 3.2.2 Emergencies . 10.3 Execution, Correlation, Intent and Interpretations of the Contract Documents . . . . . . . 1.2 Extensions of Time 8.3, 12.1, 12.2 Extras . 12 Failure of Payment 9.6 Field Orders . . 1.2.5, 12.3, 12A Final Payment . 9.7 Fire, Extended Coverage, Vandalism and Malicious Mischief Insurance . . . . . . . 113.1 Guarantee Bonds 7.5 Guarantee, Warranty and . . 4.5, 9.3.3, 13.2.2, 13.2.7 Indemnification . 4.18 Information and Services Required of the Owner . . . 3.2 Inspections 2.2.15, 7.8, 9.7 Instructions to the Contractor . 2.2.2, 3.2.4 INSURANCE . . . .11 Insurance, Builders Risk (See Property Insurance) . . 11.3.1 Insurance, Contractor's Liability . . 11.1 Insurance, Fire, Extended Coverage, Vandalism, and Malicious Mischief . . 11.3.1 Insurance, Loss of Use . . . . . 11.4 Insurance, Owner's Liability . 11.2 AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA SEPTEMBER 1966 © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200D6 2 JANUARY 1%7 PRINTING • SUBPARAGRAPH 4.18.3 REVISED Insurance, Property . 11.3 Insurance, Special Hazards . 11.3.5 Insurance, Steam Boiler and Machinery . . 11.3.2 Interest . 7.9.1 Interpretations and Decisions of the Architect . 2.2.6-12 Intrepretations, Written . 1.1.1, 1.2.5, 12.3, 12A Labor and Materials . 4.4, 4.5 Labor and Material Payment Bond . 7.5 Law of the Place . 7.1 Laws . . 4.6, 4.7, 7.1, 10.2 Liens 9.7.3, 9.7.5 Loss of Use Insurance . . 11.4.1 Materials . . . . . . . . . . . 4.4.5 Minor Changes In The Work . 1.1.1, 12.3, 12.4 MISCELLANEOUS PROVISIONS . . . . 7 Modifications to the Contract . 1.1.1, 12 Mutual Responsibility of Contractors 6.2 Non -Conforming Work, Acceptance of Defective or . 13.3.1 Notice of Testing and Inspections . . . . . . 7.8 Notice to proceed . . . . . . . . 8.1.2 Notices, Permits, Fees and . . . 4.7 OWNER 3 Owner, Definition of 3.1 Owner, Termination of the Contract by the . . . . 14.2 Owner's Information and Services .. . . . . . 3.2 Owner's Liability Insurance . . . . . 11.2 Owner's Right to Carry Out the Work . . . 7.6 Owner's Right to Clean Up . . 4.16.2, 6.4 Owner's Right to Award Separate Contracts . . 6.1 Ownership of Drawings and Specifications . . . . 1.3.2 Patching of Work . . . . . . . . . 4.15 Patching of Work Under Separate Contracts . . . . 6.3 Patents, Royalties and . . 7.7.1 PAYMENTS AND COMPLETION . . . . . . 9 Payment, Applications for 2.2.5, 9.2.1, 9.3.1, 9.3.3, 9.4.1, 9.4.2, 9.5.1, 9.6.1, 9.7.2 Payment, Certificates for . 2.2.5, 2.2.15, 5.4.2, 9.4, 9.5.1, 9.6.1, 9.7.2 Payment, Failure of . . . . . . . . . . 9.6 Payment, Final . . . . . 2.2.10, 9.7 Payments, Progress . . . . . . 9.3, 9.4 Payments to Subcontractors . 5.4 Payments Withheld . . . . . . . . . . 9.5 Performance Bond 7.5 Permits, Fees and Notices . . 4.7 PERSONS AND PROPERTY, PROTECTION OF . . . . 10 Progress and Completion . . . . . . . 8.2 Progress Payments . . . . . . . . 9.3 Progress Schedule . . . . . . . . 4.11 Project, Definition of . . . . . . . . . 1.1.4 Project Loss or Damage Insurance . . . . . . 11.3 Project Representatives, Full-time . 2.2.16 Property Insurance . 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations . 4.7.2, 10.2.2 Rejection of Work 2.2.12, 13.2 Releases of Waivers and Liens 9.7.3, 9.7.5 Responsibility for Those Performing the Work . 4.10, 9.7.1 Retainage . . 5.4.2, 9.7.3, 9.7.4 Review of Contract Documents by the Contractor . . 4.2.1 Royalties and Patents . . . . . . . . . 7.7 Safety of Persons and Property . . 10.2 Safety Precautions and Programs 2.2.4, 10.1 Samples, Shop Drawings and 2.2.13, 4.13 Schedule of Values . . . . . . . . . . 9.2 Schedule, Progress . . . . 4.11 SEPARATE CONTRACTS . . 6 Separate Contracts, Owner's Right to Award 6.1 Shop Drawings and Samples . 2.2.13, 4.13 Site, Use of . 4.14.1 Special Hazards Insurance . . 11.3.5 Specifications, Organization of . . 1.2.4 Steam Boiler and Machinery Insurance . 11.3.2 Stopping the Work . 2.2.12 SUBCONTRACTORS . . 5 Subcontractor, Claims of 5.3.1.4 Subcontractor, Definition of . . 5.1.1 Subcontracts, Award of . . 1.2.4, 5.2 Subcontractual Relations . . . . . . . 5.3 Substantial Completion and Final Payment . 2.2.15, 9.7 Substantial Completion, Date of . . 2.2.15, 8.1.3 Sub -subcontractor, Definition of . . 5.1.2 Subsurface Conditions . 12.1.6 Successors and Assigns . . 7.2 Supervision and Construction Procedures . 4.3.1 Superintendent, Contractor's . . 4.9.1, 10.2.5 Surveys . 3.2.1 Taxes 4.6 Termination by the Contractor . 14.1 Termination by the Owner . 14.2 TERMINATION OF THE CONTRACT . 14 Tests 2.2.12, 7.8 TIME . . . . . . . . . 8 Time, Definition of 8.1 Time, Delays and Extensions of . 8.3, 12.1, 12.2 Title of Work . . 9.3.3 UNCOVERING AND CORRECTION OF WORK . 13 Uncovering of Work . . . . 13.1 Unit Prices . 12.1.3, 12.1.5 Use of Site . . . . . . . . . . . . 4.14 Values, Schedule of . . . . . . . . 9.2.1 Waiver of Claims by the Contractor . . 9.7.6 Waiver of Claims by the Owner . . 9.7.5 Warranty and Guarantee . . 4.5, 9.3.3, 13.2.2 Words, Recognized Meanings of . . 1.2.3 Work, Definition of . . 1.1.3 Written Notice 7.3 AIA DOCVMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA p SEPTEMBER 1966 m THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 3 JANUARY 1967 PRINTING • SUBPARAGRAPH 4.18.3 REVISED GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to execution of the Agreement, and all Modifications thereto. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Architect pursuant to Subparagraph 1.2.5, or (4) a written order for a minor change in the Work issued by the Architect pursuant to Paragraph 12.3. A Modification may be made only after execution of the Contract. 1.1.2 THE CONTRACT The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the bidding documents. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1. 1.1.3 THE WORK The term Work includes all labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 THE PROJECT The Project is the total construction designed by the Architect of which the Work performed under the Con- tract Documents may be the whole or a part. 1.2 EXECUTION, CORRELATION, INTENT AND INTERPRETATIONS 1.2.1 The Contract Documents shall be signed in not less than triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Condi- tions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Architect shall identify them. 1.2.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be per- formed, and correlated his observations with the require- ments of the Contract Documents. �� 1.2.3 The Contract Documents aregmpliDr�'itary, and what is required by any onipg!p'&�dEn�tancl ``DDinding as if required by all. The intenti ocuments is to include all labor, materL other items as provided in Subparagraph 4.4.1 necessary for the proper execution and completion of the Work, and also to include those things which may be reasonably infer- able from the Contract Documents as being necessary to produce the intended results. Words which have well- known technical or trade meanings are used herein in accordance with such recognized meanings. 1.2.4 The organization of the Specifications into divi- sions, sections and articles, and the arrangement of Draw- ings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Written interpretations necessary for the proper execution or progress of the Work, in the form of draw- ings or otherwise, will be issued with reasonable prompt- ness by the Architect and in accordance with any schedule agreed upon. Such interpretations shall be consistent with and reasonably inferable from the Contract Documents, and may be effected by Field Order. 1.3 COPIES FURNISHED AND OWNERSHIP 1.3.1 Unless otherwise provided in the Contract Docu- ments, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably nec- essary for the execution of the Work. 1.3.2 All Drawings, Specifications and copies thereof furnished by the Architect are and shall remain his prop- erty. They are not to be used on any other project, and, with the exception of one contract set for each party to the Contract, are to be returned to the Architect on re- quest at the completion of the Work. ARTICLE 2 ARCHITECT 2.1 DEFINITION 2.1.1 The Architect is the person or organization identi- fied as such in the Agreement and is referred to through- out the Contract Documents as if singular in number and masculine in gender. The term Architect means the Archi- tect or his authorized representative. 2.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between the Architect and the Contractor. 2.2 ADMINISTRATION OF THE CONTRACT 2.2.1 The Architect will provide general administration of the Contract, including performance of the functions hereinafter described. 2.2.2 The Architect will be the Owner's representative during construction and until final payment. The Architect will have authority to act on behalf of the Owner to the AIA DOCUMENT A 201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - TENTH EDITION - AIA ® 4 SEPTEMBER 1966 D THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 JANUARY 1%7 PRINTING - SUBPARAGRAPH 4.16.3 REVISED extent provided in the Contract Documents, unless other- wise modified by written instrument which will be shown to the Contractor. The Architect will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued through the Architect. 2.2.3 The Architect shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform his functions under the Contract Documents. 2.2.4 The Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on -site observations as an architect, he will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 2.2.5 Based on such observations and the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Paragraph 9.4. 2.2.6 The Architect will be, in the first instance, the interpreter of the requirements of the Contract Docu- ments and the judge of the performance thereunder by both the Owner and Contractor. The Architect will, within a reasonable time, render such interpretations as he may deem necessary for the proper execution or prog- ress of the Work. 2.2.7 Claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Architect for decision which he will render in writing within a reasonable time. 2.2.8 All interpretations and decisions of the Architect shall be consistent with the intent of the Contract Docu- ments. In his capacity as interpreter and judge, he will exercise his best efforts to insure faithful performance by both the Owner and the Contractor and will not show partiality to either. 2.2.9 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2.2.10 Any claim, dispute or other matter that has been referred to the Architect, except those relating to artistic effect as provided in Subparagraph 2.2.9 and except any which have been waived by the making or acceptance of final payment as provided in Subparagraphs 9.7.5. and 9.7.6, shall be subject to arbitration upon the written demand of either party. However, no demand for arbitra- tion of any such claim, dispute or other matter may be made until the earlier of: .1 the date on which the Architect has rendered his decision, or .2 the tenth day after the parties have presented their evidence to the Architect if he has not rendered his written decision by that date. 2.2.11 If a decision of the Architect is made in writing and states that it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision may be made later than thirty days after the date on which the party making the demand received the decision. The failure to demand arbitration within said thirty days' period will result in the Architect's deci- sion becoming final and binding upon the Owner and the Contractor. If the Architect renders a decision after arbi- tration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings except where the decision is ac- ceptable to the parties concerned. 2.2.12 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementa- tion of the intent of the Contract Documents, he will have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work as provided in Subparagraph 7.8.2 whether or not such Work be then fabricated, installed or completed. However, neither the Architect's authority to act under this Subparagraph 2.2.12, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Architect to the Contractor, any Sub- contractor, any of their agents or employees, or any other person performing any of the Work. 2.2.13 The Architect will review Shop Drawings and Samples as provided in Subparagraphs 4.13.1 through 4.13.8 inclusive. 2.2.14 The Architect will prepare Change Orders in ac- cordance with Article 12, and will have authority to order minor changes in the Work as provided in Subparagraph 12.3.1. 2.2.15 The Architect will conduct inspections to deter- mine the dates of Substantial Completion and final com- pletion, will receive written guarantees and related docu- ments required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment. 2.2.16 If the Owner and Architect agree, the Architect will provide one or more full-time Project Representatives to assist the Architect in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representative shall be as set forth in an exhibit to be incorporated in the Contract Documents. 2.2.17 The duties, responsibilities and limitations of authority of the Architect as the Owner's representative during construction as set forth in Articles 1 through 14 inclusive of these General Conditions will not be modi- fied or extended without written consent of the Owner and the Architect which will be shown to the Contractor. AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA SEPTEMBER 1966 Q THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 JANUARY 1967 PRINTING • SUBPARAGRAPH 4.1&3 REVISED 5 2.2.18 The Architect will not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of his or their agents or employees, or any other persons performing any of the Work. 2.2.19 In case of the termination of the employment of the Architect, the Owner shall appoint an architect against whom the Contractor makes no reasonable objec- tion, whose status under the Contract Documents shall be that of the former architect. Any dispute in connec- tion with such appointment shall be subject to arbitration. ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner is the person or organization identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The Owner shall furnish all surveys describing the physical characteristics, legal limits and utility locations for the site of the Project. 3.2.2 The Owner shall secure and pay for easements for permanent structures or permanent changes in existing facilities. 3.2.3 Information or services under the Owner's control shall be furnished by the Owner with reasonable prompt- ness to avoid delay in the orderly progress of the Work. 3.2.4 The Owner shall issue all instructions to the Con- tractor through the Architect. 3.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Payment and Insurance in Articles 9 and 11 respectively. ARTICLE 4 CONTRACTOR 4.1 DEFINITION 4.1.1 The Contractor is the person or organization identi- fied as such in the Agreement and is referred to through- out the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.2.1 The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and Modifications and shall at once report to the Architect any error, inconsistency or omission he may discover; but the Contractor shall not be liable to the Owner or the Architect for any damage re- sulting from any such errors, inconsistencies or omissions. The Contractor shall do no Work without proper Draw- ings and Specifications. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely re- sponsible for all construction means, methods, techniques, sequences and procedures and for coordinating all por- tions of the Work under the Contract. 4.4 LABOR AND MATERIALS 4.4.1 Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and comple- tion of the Work. 4.4.2 The Contractor shall at all times enforce strict dis- cipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 4.5 WARRANTY AND GUARANTEE 4.5.1 The Contractor warrants and guarantees to the Owner and the Architect that all materials,�and equipment incorporated in the Project will be n bless otherwise specified, and that all Work II good quality, free from faults and defect onformance with the Contract Document ��1or not so conforming to these standards b� considered defective by the Owner or the Arr2 �' If required by the Architect, the Contractor shall 11irnish satisfactory evidence as to the kind and quality of materials and equipment. 4.5.2 The warranties and gu ranter vided in this Paragraph 4.5 and elsewh R41. ntract Documents shall be in addition t - I0 limitation of any other warranty or guar ee�( r' medy required by law or by the Contract DOCu1i 4.6 TAXES 4.6.1 The Contractor shall pay all sales, consumer, use and other similar taxes required by law. 4.7 PERMITS, FEES AND NOTICES 4.7.1 The Contractor shall secure and pay for all per- mits, fees and licenses necessary for the proper execution and completion of the Work. 4.7.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, re �lations and orders of any public authority bearing o 'Work. If the Con- tractor observes that an •S.f t ntract Documents are at variance therewi an Respect, he shall promptly notify the Archit Ming, and any necessary changes shall be a� yb� appropriate Modification. If the Contractor p s any Work knowing it to be contrary to such laws, rdinances, rules and regulations, and with- out such notice to the Architect, he shall assume full responsibility therefor and shall bear all costs attributable thereto. 4.8 CASH ALLOWANCES 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and ASA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA 8 SEPTEMBER 1%6 ®THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6 IANUARY 1%7 PRINTING • SUBPARAGRAPH 4.18.3 REVISED equipment delivered and unloaded at the site, and all ap- plicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit an other expenses shall be included in the Contrae Ad not in the allowance. The Contractor shall ce Work covered by these allowances to b &ror such amounts and by such persons as C&Iy direct, but he will not be required y persons against whom he makes a reasona ion. If the cost, when determined, is more than than the allowance, the Contract Sum shall be adj&sted accordingly by Change Order. 4.9 SUPERINTENDENT 4.9.1 The Contractor shall employ a competent super- intendent and necessary assistants who shah be in at- tendance at the Project site during the ess of the Work. The superintendent and assistai 4Pll be satis- factory to the Architect, and shall 4ept.,Kchanged except with the consent of the Archet, less the superin- tendent proves to be unsatis,c t Ato the Contractor and ceases to be in his employ4 experintendent shall rep- resent the Contractor It have full authority to act on his behalf. All com �cations given to the superin- tendd gent shall be as binas if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. 4.10 RESPONSIBILITY FOR THOSE PERFORMING THE WORK 4.10.1 The Contractor shall be responsible for the acts and omissions of all his employees and all Subcontrac- tors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. 4.11 PROGRESS SCHEDULE 4.11.1 The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Architect's approval an estimated progress schedule for the Work in relation to the entire Project. This schedule shall indicate the dates for the starting and completion of the various stages of construction and, with the Architect's consent, may be revised as required. 4.12 DRAWINGS AND SPECIFICATIONS AT THE SITE 4.12.1 The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders and other Mod- ifications, in good order and marked to record all changes made during construction. These shall be available to the Architect and shall be delivered to him for the Owner upon completion of the Work. 4.13 SHOP DRAWINGS AND SAMPLES 4.13.1 Shop Drawings are drawings, diagrams, illustra- tions, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Sub- contractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. 4.13.2 Samples are physical examples furnished by the Contractor to illustrate materials, equipment or work- manship, and to establish standards by which the Work will be judged. 4.13.3 The Contractor shall review, stamp with his ap- proval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, all Shop Draw- ings and Samples required by the Contract Documents or subsequently by the Architect as covered by Modifica- tions. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Draw- ings or Samples from the requirements of the Contract Documents. 4.13.4 By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field con- struction criteria, materials, catalog numbers and similar data, or will do so, and that he has checked and coordi- nated each Shop Drawing and Sample with the require- ments of the Work and of the Contract Documents. 4.13.5.The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the de- sign concept of the Project and with the information given in the Contract Documents. The Architect's approv- al of a separate item shall not indicate approval of an assembly in which the item functions. 4.13.6 The Contractor shall make any corrections re- quired by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct spe- cific attention in writing or on resubmitted Shop Draw- ings to revisions other than the corrections requested by the Architect on previous submissions. 4.13.7.The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Archi- tect in writing of such deviation at the time of submis- sion and the Architect has given written approval to the specific deviation, nor shall the Architect's approval re- lieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. 4.13.8 No Work requiring a Shop Drawing or Sample submission shall be commenced until the submission has been approved by the Architect. All such Work shall be in accordance with approved Shop Drawings and Samples. 4.14 USE OF SITE 4.14.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably en- cumber the site with any materials or equipment. 4.15 CUTTING AND PATCHING OF WORK 4.15.1 The Contractor shall do all cutting, fitting or patching of his Work that may be required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. AIA DOCUMENT A 201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - TENTH EDITION - AIA ® 7 SEPTEMBER 1966 QTHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 JANUARY 1%7 PRINTING - SUBPARAGRAPH 4.18.3 REVISED 4.16 CLEANING UP 4.16.1 The Contractor at all times shall 'keep the prem- ises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construc- tion equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "broom - clean" or its equivalent, except as otherwise specified. 4.16.2 If the Contractor fails to clean up, the Owner may do so and the cost thereof shall be charged to the Contractor as provided in Paragraph 7.6. 4.17 COMMUNICATIONS 4.17.1 The Contractor shall forward all communications to the Owner through the Architect. 4.18 INDEMNIFICATION 4.18.1 The Contractor shall indemnify and hold harmless the Owner and the Architect and their agents and em- ployees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or re- sulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there- from, and (b) is caused in whole or in part by any negli- gent act or omission of the Contractor, any Subcontrac- tor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 4.18.2 In any and all claims against the Owner or the Architect or any of their agents or employees by any em- ployee of the Contractor, any Subcontractor, anyone di- rectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnifi- cation obligation under this Paragraph 4.18 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under work- men's compensation acts, disability benefit acts or other employee benefit acts. 4.18.3 The obligations of the Contractor under this Para- graph 4.18 shall not extend to the liability of the Archi- tect, his agents or employees arising out of (1) the prepa- ration or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instruc- tions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage . ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A Subcontractor is a person or organization who has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is re- ferred to throughout the Contract Documents as if singu- lar in number and masculine in gender and means a Subcontractor or his authorized representative. 5.1.2 A Sub -subcontractor is a person or organization who has a direct or indirect contract with a Subcontractor to perform any of the Work at the site. The term Sub - subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub -subcontractor or an author- ized representative thereof. 5.1.3 Nothing contained in the Contract Documents shall create any contractual relation between the Owner or the Architect and any Subcontractor or Sub -subcon- tractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 As soon as practicable after bids are received and prior to the award of the Contract, the successful bidder shall furnish to the Architect in writing for acceptance by the Owner and the Architect a list of the names of the subcontractors or other persons or organizations (includ- ing those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of .the Work as may be designated in the bidding require- ments, or, if none is so designated, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or the Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner or Architect to make an objection to any person or organization on the list prior to the award shall constitute acceptance of such person or organization. 5.2.2 If, prior to the award of the Contract, the Owner or Architect has reasonable objection to and refuses to accept any person or organization on such list, the suc- cessful bidder may, prior to the at ,d, withdraw his bid without forfeiture of bid securit the successful bidder submits an acceptable sLwkblstl with an increase in his bid rice to cover th once in cost occasioned b P Y such substitutionA,50wner v r may, at his discretion, ac- cept the increas�4ice or he may disqualify the bid. If, after the aAor Architect refuses to ac- cept any per organization on such list, the Con- tractor shall su it an acceptable substitute and the Con- tract Sum shall be increased or decreased by the differ- ence in cost occasioned by such substitution and an ap- propriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting a name with respect thereto prior to the award. 5.2.3 The Contractor shall not contract with any Sub- contractor or any person or organization proposed for portions of the Work designated in the bidding require- ments or, if none is so designated, with any Subcontractor proposed for the principal portions of the Work who has not been accepted by the Owner and the Architect. The Contractor will not be required to contract with any sub- contractor or person or organization against whom he has a reasonable objection. 5.2.4.If the Owner or the Architect requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract Sum shall be increased or decreased by the difference in cost occas- ioned by such change and an appropriate Change Order shall be issued. AIA DOCUMENT A 201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - TENTH EDITION - AIA QQ 8 SEPTEMBER 1966 © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20OD6 IANUARY 1%7 PRINTING - SUBPARAGRAPH 4.1&3 REVISED i 5.2.5 The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Architect, unless the substitution is acceptable to the Owner and the Architect. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 All work performed for the Contractor by a Sub- contractor shall be pursuant to an appropriate agree- ment between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: .1 preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not preju- dice such rights; .2 require that such Work be performed in accord- ance with the requirements of the Contract Documents; .3 require submission to the Contractor of applica- tions for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for pay- ment in accordance with Article 9; .4 require that all claims for additional costs, exten- sions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub -subcontractor where appropriate) in the manner provided in the Con- tract Documents for like claims by the Contrac- tor upon the Owner; .5 waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance described in Paragraph 11.3, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee under Paragraph 11.3; and .6 obligate each Subcontractor specifically to con- sent to the provisions of this Paragraph 5.3. 5.4 PAYMENTS TO SUBCONTRACTORS 5.4.1 The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contrac- tor shall also require each Subcontractor to make similar payments to his subcontractors. 5A.2 If the Architect fails to issue a C,�ate for Pay- ment for any cause not the fault of � rticular Subcon- tractor, the Contractor shal t$ Subcontractor on demand, made at any ti�he Certificate for Pay- ment should otherwi >�e�ieen issued, for his Work to the extent comple' ss the retained percentage. 5.4.3 The Contractor Shall pay each Subcontractor a just share of any insurance moneys received by the Contractor under Article 11, and he shall require each Subcontractor to make similar payments to his subcontractors. 5.4.4. The Architect may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Con- tractor on account of Work done by such Subcontractors. 5.4.5 Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law. ARTICLE 6 SEPARATE CONTRACTS 6.1 OWNER'S RIGHT TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to award other con- tracts in connection with other portions of the Project under these or similar Conditions of the Contract. 6.1.2 When separate contracts are awarded for different portions of the Project, "the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 6.2 MUTUAL RESPONSIBILITY OF CONTRACTORS 6.2.1 The Contractor shall afford other contractors reas- onable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his Work with theirs. 6.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Architect any discrepancies or de- fects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's work as -fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. 6.2.3: Should the Contractor cause damage to the work or property of any separate contractor on t roject, the Contractor shall, upon due notice, sett) such other contractor by agreement or a l tr ��,' if he will so settle. If such separate contr c�0 she Owner on ac- count of any damage all gOave been so sustained, the Owner shall notiVsh Cotractor who shall defend such proceedings a�dll costs in connection there- with, and if any junt against the Owner arises therefrom the Contractor shall pay or satisfy it. 6.3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS 6.3.1. The Contractor shall do all cutting, fitting or patching of his Work that may be required to fit it to re- ceive or be received by the work of other contractors shown upon, or reasonably implied by, the Contract Doc- uments. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. 6.3.2 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. AIA DOCUMENT A 201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - TENTH EDITION - AIA SEPiEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 9 JANUARY 1%7 PRINTING - SUBPARAGRAPH 4.18.3 REVISED 6.4 OWNER'S RIGHT TO CLEAN UP 6.4.1 If a dispute arises between the separate contractors as to their responsibility for cleaning up as required by Paragraph 4.16, the Owner may clean up and charge the cost thereof to the several contractors as the Architect shall determine to be just. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 LAW OF THE PLACE 7.1.1 The Contract shall be governed by the law of the place where the Project is located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor each binds him- self, his partners, successors, assigns and legal represen- tatives to the other party hereto and to the partners, suc- cessors, assigns and legal representatives of such other party in respect to all covenants, agreements and obliga- tions contained in the Contract Documents. Neither party to the Contract shall assign the Contract or. sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written con- sent of the Owner. 7.3 WRITTEN NOTICE 7.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. 7.4 CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his employees, agents or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 7.5 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right, prior to sign- ing the Contract, to require the Contractor to furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder in such form and amount as the Owner may prescribe and with such sureties as may be agreeable to the parties. If such bonds are stipulated in the bidding requirements, the premiums shall be paid by the Contractor; if required subsequent to the submission of quotations or bids, the cost shall be reimbursed by the Owner. The Contrac- tor shall deliver the required bonds to the Owner not later than the date of execution of the Contract, or if the Work is commenced prior thereto in response to a notice to proceed, the Contractor shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be issued. 7.6 OWNER'S RIGHT TO CARRY OUT THE WORK 7.6.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, after seven days' written notice to the Con- tractor and without prejudice to any other remedy he may have, make good such deficiencies. In such case an ap- propriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect's additional services made necessary by such default, neglect or failure. The Architect must approve both such action and the amount charged to the Con- tractor. If the payments then or thereafter due the Con- tractor are not sufficient to cover such amount, the Con- tractor shall pay the difference to the Owner. 7.7 ROYALTIES AND PATENTS 7.7.1 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular de- sign, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be re- sponsible for -such loss unless he promptly gives such in- formation to the Architect. 7.8 TESTS 7.8.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having juris- diction require any Work to be inspected, tested or ap- proved, the Contractor shall give the Architect timely no- tice of its readiness and of the date arranged so the Architect may observe such inspection, testing or ap- proval.The Contractor shall bear all costs of such inspec- tions, tests and approvals unless otherwise provided. 7.8.2 If after the commencement of the Work the Archi- tect determines that any Work requires special inspection, testing or approval which Subparag�rraph 7.8.1 does not include, he will, upon written Ohorization from the Owner, instruct the Contractor order such special in- spection, testing or appr va,�Q�tnd the Contractor shall give notice as in Subp IQTI 7.8.1. If such special in- spection or testing rew�l�*,,a failure of the Work to com- ply with the requlxx.�l,, � of the Contract Documents, laws, ordinances, gi` s"ftulations or orders of any pub- lic authority ha indiction, the Contractor shall bear all costs thereIncluding the Architect's additional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.8.3. Required certificates of inspection, testing or ap- proval shall be secured by the Contractor and promptly delivered by him to the Architect. 7.8.4 If the Architect wishes to observe the inspections, tests or approvals required by this Paragraph 7.8, he will do so promptly and, where practicable, at the source of supply. AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA SEPTEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 10 JANUARY 1967 PRINTING • SUBPARAGRAPH 4.16.3 REVISED 7.8.5 Neither the observations of the Architect in his ad- ministration of the Contract, nor inspections, tests or approvals by persons other than the Contractor shall re- lieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. 7.9 INTEREST 7.9.1 Any moneys not paid when due under this Con- tract shall bear interest at the legal rate in force at the place of the Project 7.10 ARBITRATION 7.10.1 All claims, disputes and other matters in question arising out of, or relating to, this Contrac .4;Ir the breach thereof, except as set forth in Subpara h 2.2.9 with respect to the Architect's decisions on tters relating to artistic effect, and except for c iahich have been waived by the making or acce Of final payment as provided by Subparagraphs eund 9.7.6, shall be de- cided by arbitration in acc with the Construction Industry Arbitr ation Rul a American Arbitration Association then obtai. is agreement so to arbi- trate shall be specifical forceable under the prevail- ing arbitration law. The award rendered by the arbitra- tors shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. 7.10.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Architect. The demand for arbitration shall be made within the time limits specified in Sub- paragraphs 2.2.10 and 2.2.11 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after institution of legal or equi- table proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.10.3 The Contractor shall carry on the Work and main- tain the progress schedule during any arbitration pro- ceedings, unless otherwise agreed by him and the Owner in writing. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contract Time is the period of time allotted in the Contract Documents for completion of the Work. 8.1.2 The date of commencement of the Work is the date established in a notice to proceed. If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. 8.1.3 The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. 8.2 PROGRESS AND COMPLETION 8.2.1.All time limits stated in the Contract Documents are of the essence of the Contract. 8.2.2 The Contractor shall begin the Work on the date of commencement as defined in Subparagraph 8.1.2. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by any cause which the Architect determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. 8.3.3 If no schedule or agreement is made stating the dates upon which written interpretations as set forth in Subparagraph 1.2.5 shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretations until fifteen days after demand is made for them, and not then unless such claim is reasonable. 8.3.4 This Paragraph 8.3 does not exclude the recovery of damages for delay by either party under other pro- visions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and is the total amount payable by the Owner to the Con- tractor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Con- tractor shall submit to the Architect a schedule of values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Con- tract Sum, divided so as to facilitate payments to Sub- contractors in accordance with Paragraph 5.4, prepared in such form as specified or as the Architect and the Con- tractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the schedule of values shall include its proper share of overhead, profit, and other general charges. This schedule, when approved by the Architect, shall be used as a basis for the Contractor's Applications for Payment. AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA ® 11 SEPTEMBER 1966 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20Do6 JANUARY 1%7 PRINTING • SUBPARAGRAPH 4.18.3 REVISED 9.3 PROGRESS PAYMENTS 9.3.1 At least ten days before each progress payment falls due, the Contractor shall submit to the Architect an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the Owner or the Architect may require. 9.3.2 If payments are to be made on account of mate- rials or equipment not incorporated in the Work but de- livered and suitably stored at the site, or at some other location agreed upon in writing, such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest in- cluding applicable insurance and transportation to the site. 9.3.3 The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Ap- plication for Payment, whether incorporate Nn the Proj- ect or not, will have passed to the Ow prior to the making of the Application for Paymeee and clear of all liens, claims, security interest encumbrances, hereinafter referred to in Av4� 9 as "liens"; and that no Work, materials or t covered by an Ap- plication for Payment willen acquired by the Contractor, or by any oagment 'son performing the Work at the site or furnishing als and equipment for the Project, subject to an under which an inter- est therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 If the Contractor has made Application for Pay- ment as above, the Architect will, with reasonable promptness but not more than seven days after the re- ceipt of the Application, issue a Certificate for Payment to the Owner for such amount as he determines to be properly due, or state in writing his reasons for withhold- ing a Certificate as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will con- stitute a representation by the Architect to the Owner, based on his observations at the site as provided in Sub- paragraph 2.2.4 and the data comprising the Applica- tion for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, in- formation and belief, the quality of the Work is in ac- cordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor devi- ations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified. In addition, the Archi- tect's final Certificate for Payment will constitute a further representation that the conditions precedent to the Con- tractor's being entitled to final payment as set forth in Subparagraph 9.7.2 have been fulfilled. However, by is- suing a Certificate for Payment, the Architect shall not thereby be deemed to represent that he has made ex- haustive or continuous on -site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Con- tract Sum. 9.4.3 After the Architect has issued a Certificate for Pay- ment, the Owner shall make payment in the manner pro- vided in the Agreement. 9.4.4 No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or oc- cupancy of the Project by the Owner, shall consitute an acceptance of any Work not in accordance with the Con- tract Documents. 9.5 PAYMENTS WITHHELD 9.5.1 The Architect may decline to approve an Applica- tion for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make representations to the Owner as provided in Subpara- graph 9.4.2. The Architect may also decline to approve any Applications for Payment or, because of subsequent- ly discovered evidence or subsequent inspections, he may nullify the whole or any part of any Certificate for Pay- ment previously issued to such extent as may be neces- sary in his opinion to protect the Owner from loss be- cause of: .1 defective work not remedied, .2 claims filed or reasonable evidence indicating probable filing of claims, .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment, .4 reasonable doubt that the Work can be com- pleted for the unpaid balance of the Contract Sum, .5 damage to another contractor, .6 reasonable indication that the Work will not be completed within the Contract Time, or .7 unsatisfactory prosecution of the Work by the Contractor. 9.5.2 When the above grounds in Subparagraph 9.5.1 are removed, payment shall be made for amounts with- held because of them. 9.6 FAILURE OF PAYMENT 9.6.1 If the Architect should fail to issue any Certificate for •Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner should fail to pay the Con- tractor within seven days after the date of payment es- tablished in the Agreement any amount certified by the Architect or awarded by arbitration, then the Contrac- tor may, upon seven additional days' written notice to the Owner and the Architect, stop the Work until pay- ment of the amount owing has been received. 9.7 SUBSTANTIAL COMPLETION AND FINAL PAYMENT 9.7.1 When the Contractor determines that the Work or a designated portion thereof acceptable to the Owner is substantially complete, the Contractor shall prepare for submission to the Architect a list of items to be com- pleted or corrected. The failure to include any items on AIA DOCUMENT A 201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - TENTH EDITION - AIA SEPTEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 12 IANUARY 1%7 PRINTING - SUBPARAGRAPH 4.18.3 REVISED 9.3 PROGRESS PAYMENTS 9.3.1 At least ten days before each progress payment falls due, the Contractor shall submit to the Architect an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the Owner or the Architect may require. 9.3.2 If payments are to be made on account of mate- rials or equipment not incorporated in the Work but de- livered and suitably stored at the site, or at some other location agreed upon in writing, such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest in- cluding applicable insurance and transportation to the site. 9.3.3 The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Ap- plication for Payment, whether incorporate Nn the Proj- ect or not, will have passed to the Ow prior to the making of the Application for Paymeee and clear of all liens, claims, security interest encumbrances, hereinafter referred to in Av4� 9 as "liens"; and that no Work, materials or t covered by an Ap- plication for Payment willen acquired by the Contractor, or by any oagment 'son performing the Work at the site or furnishing als and equipment for the Project, subject to an under which an inter- est therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 If the Contractor has made Application for Pay- ment as above, the Architect will, with reasonable promptness but not more than seven days after the re- ceipt of the Application, issue a Certificate for Payment to the Owner for such amount as he determines to be properly due, or state in writing his reasons for withhold- ing a Certificate as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will con- stitute a representation by the Architect to the Owner, based on his observations at the site as provided in Sub- paragraph 2.2.4 and the data comprising the Applica- tion for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, in- formation and belief, the quality of the Work is in ac- cordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor devi- ations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified. In addition, the Archi- tect's final Certificate for Payment will constitute a further representation that the conditions precedent to the Con- tractor's being entitled to final payment as set forth in Subparagraph 9.7.2 have been fulfilled. However, by is- suing a Certificate for Payment, the Architect shall not thereby be deemed to represent that he has made ex- haustive or continuous on -site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Con- tract Sum. 9.4.3 After the Architect has issued a Certificate for Pay- ment, the Owner shall make payment in the manner pro- vided in the Agreement. 9.4.4 No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or oc- cupancy of the Project by the Owner, shall consitute an acceptance of any Work not in accordance with the Con- tract Documents. 9.5 PAYMENTS WITHHELD 9.5.1 The Architect may decline to approve an Applica- tion for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make representations to the Owner as provided in Subpara- graph 9.4.2. The Architect may also decline to approve any Applications for Payment or, because of subsequent- ly discovered evidence or subsequent inspections, he may nullify the whole or any part of any Certificate for Pay- ment previously issued to such extent as may be neces- sary in his opinion to protect the Owner from loss be- cause of: .1 defective work not remedied, .2 claims filed or reasonable evidence indicating probable filing of claims, .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment, .4 reasonable doubt that the Work can be com- pleted for the unpaid balance of the Contract Sum, .5 damage to another contractor, .6 reasonable indication that the Work will not be completed within the Contract Time, or .7 unsatisfactory prosecution of the Work by the Contractor. 9.5.2 When the above grounds in Subparagraph 9.5.1 are removed, payment shall be made for amounts with- held because of them. 9.6 FAILURE OF PAYMENT 9.6.1 If the Architect should fail to issue any Certificate for •Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner should fail to pay the Con- tractor within seven days after the date of payment es- tablished in the Agreement any amount certified by the Architect or awarded by arbitration, then the Contrac- tor may, upon seven additional days' written notice to the Owner and the Architect, stop the Work until pay- ment of the amount owing has been received. 9.7 SUBSTANTIAL COMPLETION AND FINAL PAYMENT 9.7.1 When the Contractor determines that the Work or a designated portion thereof acceptable to the Owner is substantially complete, the Contractor shall prepare for submission to the Architect a list of items to be com- pleted or corrected. The failure to include any items on AIA DOCUMENT A 201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - TENTH EDITION - AIA SEPTEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 12 IANUARY 1%7 PRINTING - SUBPARAGRAPH 4.18.3 REVISED such list does not alter the responsibility of the Contrac- tor to complete all Work in accordance with the Contract Documents. When the Architect on the basi ..of an in- spection determines that the Work is substa Ily com- plete, he will then prepare a Certificate iVSubstantial Completion, which shall establish the Da f Substantial Completion, shall state the responsii of the Owner and the Contractor for maintenan el, a , utilities, and in- surance, and shall fix the tim � R which the Con- tractor shall complete the itenO d therein, said time to be within the Contract TieS'SThe Certificate of Sub- stantial Completion shall b Itted to the Owner and the Contractor for their writt acceptance of the respon- sibilities assigned to them in such Certificate. 9.7.2. Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon re- ceipt of a final Application for Payment, the Architect will promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Contract fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable. 9.7.3 Neither the final payment nor any part of the re- tained percentage shall become due until the Contractor submits to the Architect: releases or waivers of all liens arising out of the Contract; an Affidavit that the releases and waivers include all the labor, materials and equip- ment for which a lien could be filed and that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible have been paid or otherwise satisfied; consent of surety, if any, to final payment; and such other data establishing payment or satisfaction of all such obligations as the Owner may require. If any Subcontractor refuses to furnish a release or waiver, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in dis- charging such lien, including all costs and reasonable at- torneys' fees. 9.7.4 If after Substantial Completion of the Work final completion thereof is materially delayed through no fault of the Contractor, and the Architect so confirms, the Owner shall, upon certification by the Architect, and with- out terminating the Contract, make payment of the bal- ance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipu- lated in the Agreement, and if bonds have been furnished as required in Subparagraph 7.5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.7.5 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: .1 unsettled liens, .2 faulty or defective Work appearing after Substan- tial Completion, .3 failure of the Work to comply with the require- ments of the Contract Documents, .4 terms of any special guarantees required by the Contract Documents. 9.7.6 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those pre- viously made in writing and still unsettled. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all necessary precau- tions for the safety of, and shall provide all necessary protection to prevent damage, injury V oss to: .1 all employees on the Worlall other per- sons who may be affecteRlereby. .2 all the Work and all 4a*als and equipment to be incorporated th�;.Pl'whether in storage on or off the site, ro .3 other property tf9� site or adjacent thereto, including trams„S hrubs, lawns, walks, pave- ments, roa , structures and utilities not designated folVremoval, relocation or replace- ment in the course of construction. 10.2.2 The Contractor shall comply wit,�S,all applicable laws, ordinances, rules, regulations orders of any n h public authority having jurisdictioe safety of per- sons or property or to prote �rom damage, injury or loss. He shall erect and I t n, as required by exist- ing conditions and pr the Work, all necessary safeguards for safet 0r r� rotection, including posting danger signs and Ed arnings against hazards, pro- mulgating safety reg ations and notifying owners and users of adjacent utilities. 10.2.3 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.4 All damage or loss to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub -subcon- tractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA ® 13 SEPTEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 IANUARY 1967 PRINTING • SUBPARAGRAPH 4.16.3 REVISED damage or loss attributable to faulty Drawings or Specifi- cations or to the acts or omissions of the Owner or Archi- tect or anyone employed by either of them or for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. 10.2.5 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Architect. 10.2.6 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any addi- tional compensation or extension of time claimed by the Contractor on account of emergency work shall be de- termined as provided in Article 12 for Changes in the Work. ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable: .1 claims under workmen's compensation, dis- ability benefit and other similar employee bene- fit acts; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and .4 claims for damages because of injury to or de- struction of tangible property, including loss of use resulting therefrom. 11.1.2. The insurance required by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, whichever is greater, and shall include contractual liability insurance as applicable to the Contractor's obligations under Paragraph 4.18. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be can- celled until at least fifteen days' prior written notice has been given to the Owner. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from opera- tions under the Contract. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work and shall insure against the perils of Fire, Extended Coverage, Vandalism and Malicious Mischief. 11.3.2 The Owner shall purchase and maintain such steam boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.3 Any insured loss is to be adjusted with the Owner and made payable to the Owner as trustee for the in- sureds, as their interests may appear, subject to the re- quirements of any applicable mortgagee clause and of Subparagraph 11.3.8. 11.3.4 The Owner shall file a copy of 411 policies with the Contractor before an exposure to may occur. If the Owner does not intend to purc such insurance, he shall inform the Contract in.Q& Ring prior to com- mencement of the Work. T e,Toractor may then effect insurance which will pro �1e interests of himself, his Subcontractors and the�l ubcontractors in the Work, and by appropriate rder the cost thereof shall be charged to the Ov the Contractor is damaged by failure of the Owner �i purchase or maintain such insur- ance and so to notify the Contractor, then the Owner shall bear all reasonable costs properly attributable thereto. 11.3.5 If the Contractor requests in writing that other special insurance be included in the property insurance policy, the Owner shall, if possible, include such insur- ance, and the cost thereof shall be charged to the Con- tractor by appropriate Change Order. 11.3.6 The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this Para- graph 11.3, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The Contractor shall require similar waivers by Subcon- tractors and Sub -subcontractors in accordance with Clause 5.3.1.5. 11.3.7 If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of his duties. He shall deposit in a separate account any money so re- ceived, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in ac- cordance with an award by arbitration in which case the procedure shall be as provided in Paragraph 7.10. If after such loss no other special agreement is made, replace- ment of damaged work shall be covered by an appro- priate Change Order. AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA SEPTEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 JANUARY 1%7 PRINTING • SUBPARAGRAPH 4.18.3 REVISED 14 11.3.8. The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to the Owner's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Paragraph 7.10. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbi- trators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.4 LOSS OF USE INSURANCE 11.4.1 The Owner, at his option, may purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 The Owner, without invalidating the Contract, may order Changes in the Work consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable con- ditions of the Contract Documents. 12.1.2 A Change Order is a written order to the Con- tractor signed by the Owner and the Architect, issued after the execution of the Contract, authorizing a Change in the Work or an adjustment in the Contract Sum or the Contract Time. Alternatively, the Change Order may be signed by the Architect alone, provided he has written authority from the Owner for such procedure. The Con- tract Sum and the Contract Time may be changed only by Change Order. 12.1.3 The cost or credit to the Owner resulting from a Change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized; .2 by unit prices stated in the Contract Docu- ments or subsequently agreed upon; or .3 by cost and a mutually acceptable fixed or per- centage fee. 12.1.4 if none of the methods set forth in Subparagraph 12.1.3 is agreed upon, the Contractor, provided he re- ceives a Change Order, shall promptly proceed with the Work involved. The cost of such Work shall then be de- termined by the Architect on the basis of the Contractor's reasonable expenditures and savings, including, in the case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 12.1.3.3 above, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate sup- porting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate for Payment. The amount of credit to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease as con- firmed by the Architect. When both additions and credits are involved in any one change, the allowance for over- head and profit shall be figured on the basis of net in- crease, if any. 12.1.5. If unit prices are stated in the Contract Docu- ments or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hard- ship on the Owner or the Contractor, the applicable unit prices shall be equitably adjustedQ`�revent such hard- ship. �, 12.1.6 Should conditions' tered below the surface of the ground be at a with the conditions in- dicated by the Con � g9ocuments, the Contract Sum shall be equitably us0d by Change Order upon claim by either party Within a reasonable time after the first observanc ,Aconditions. 12.1.7 If the Contractor claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Subparagraph 1.2.5, (2) any order by the Architect to stop the Work pursuant to Subpara- graph 2.2.12 where the Contractor was not at fault, or (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.3, the Contractor shall make such claim as provided in Paragraph 12.2. 12.2 CLAIMS FOR ADDITIONAL COST OR TIME 12.2.1 If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Con- tract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or prop- erty in which case the Contractor shall proceed in accord- ance with Subparagraph 10.3.1. No such claim shall be valid unless so made. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum or the Contract Time, it shall be deter- mined by the Architect. Any change in. the Contract Sum or Contract Time resulting from such claim shall be authorized by Change Order. 12.3 MINOR CHANGES IN THE WORK 12.3.1 The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Docu- ments. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Owner and the Contractor. 12.4 FIELD ORDERS 12.4.1 The Architect may issue written Field Orders which interpret the Contract Documents in accordance with Subparagraph 1.2.5 or which order minor changes in the Work in accordance with Paragraph 12.3 without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. AIA DOCUMENT A 201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • TENTH EDITION • AIA SEPTEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 JANUARY 1967 PRINTING • SUBPARAGRAPH 4.1&3 REVISED 15 ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK 13.1.1 If any Work should be covered contrary to the re- quest of the Architect, it must, if required by the Archi- tect, be uncovered for his observation and replaced, at the Contractor's expense. 13.1.2 If any other Work has been covered which the Architect has not specifically requested to observe prior to being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Contract Docu- ments, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Con- tract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by a separate contractor employed as provided in Article 6, and in that event the Owner shall be responsible for the payment of such costs. 13.2 CORRECTION OF WORK 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, in- cluding the cost of the Architect's additional services thereby made necessary. 13.2.2 If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the Work is found to be defective or not in ac- cordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has pre- viously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. 13.2.3 All such defective or non -conforming Work under Subparagraphs 13.2.1 and 13.2.2 shall be removed from the site where necessary, and the Work shall be corrected to comply with the Contract Documents with- out cost to the Owner. 13.2.4 The Contractor shall bear the cost of making good all work of separate contractors destroyed or dam- aged by such removal or correction. 13.2.5 If the Contractor does not remove such defective or non -conforming Work within a reasonable time fixed by written notice from the Architect, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the pay- ments then or thereafter due the Contractor are not suf- ficient to cover such amount, the Contractor shall pay the difference to the Owner. 13.2.6 If the Contractor fails to correct such defective or non -conforming Work, the Owner may correct it in accordance with Paragraph 7.6. 13.2.7 The obligations of the Contractor under this Para- graph 13.2 shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise pre- scribed by law. 13.3 ACCEPTANCE OF DEFECTIVE OR NON -CONFORMING WORK 13.3.1 If the Owner prefers to accept defective or non- conforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. ARTICLE 14 TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 If the Work is stopped for a period of thirty days under an order of any court or other public authority hav- ing jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a con- tract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor for the Architect's failure to issue a Certificate for Payment as provided in Paragraph 9.6 or for the Owner's failure to make payment thereon as provided in Paragraph 9.6, then the Contractor may, upon seven days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all Work ex- ecuted and for any proven loss sustained upon any ma- terials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. 14.2 TERMINATION BY THE OWNER 14.2.1 If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his credit- ors, 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- 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 disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any right or remedy AIA DOCUMENT A 201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - TENTH EDITION - AIA 0 16 SEPTEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 JANUARY 1967 PRINTING - SUBPARAGRAPH 4.18.3 REVISED ., and after giving the Contractor and his surety, if any, seven days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem ex- pedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. 14.2.2 If the unpaid balance of the Contract Sum ex- ceeds the costs of finishing the Work, including com- pensation for the Architect's additional services, such excess shall be paid to the Contractor. If such costs ex- ceed such unpaid balance, the Contractor shall pay the difference to the Owner. The costs incurred by the Owner as herein provided shall be certified by the Architect. AIA DOCUMENT A 201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - TENTH EDITION - AIA SEPiEMBER 1966 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 17 JANUARY 1967 PRINTING - SUBPARAGRAPH 4.18.3 REVISED i ADDENDUM # 1 TO PLANS AND SPECIFICATIONS FOR SIGNAL SHOP BUILDING CITY OF LUBBOCK LUBBOCK, TEXAS 1. PROPOSAL FORM: A. Bidder shall show, at the bottom of the proposal form, as Alternate No. 2 the amount of money he will add to his Base Bid to include the repair of the concrete masonry wall at Prairie Dog town in the north portion of MacKenzie Park. The repair shall include all work necessary to restore the wall and sheet metal shield to its condition prior to the storm damage. Alternate shall be shown in the following form: ALTERNATE No. 2: If repair of wall at Prairie Dog town is included per Addendum No. 19 ADD c$ ) Sheet 1 of 1 'V�7T77, , - AX" '`<Y ,� y�'. ,t, , ,T ,+ -! ' ` s' r •.� � ,T 1..�hA x , ,<� K ar +i ,t �,. , r ^.3.:?. ,, '.t'..:y t 4 r..r S _ f •_ , 1 1. } t. i �' „ j 4 it �`� , A ` r t,' , , ��. a rir. ' �' s,fi t a t r .. r � . i� ', M1 - , i ;) l �' s`�A j, A i' T , : ADDENDUM 0 2 r .,R ' .., . � .> T1'0 .I �,.,,'9Krti l,,%I. . 'rP' + ' _ ' PLAN5 AND SPECIFICATIONS t',t $�. t( epr� E r i ,I_; 'r , . : FOR . ;j " 4, F'tq �� F+. SIGNAL SHOP BUILDING 4 ` 5= .,yi t, tt f i' V ', , •..1 A S CITY OF LUBBOCK ` _ 4 � �w'+ LUBBOCK9 TEXAS a.," �t, � R Es t 11 th ,, 1 4 a y c , , a,;.ci ,' Yti3ti jr 17fi y`; r : 6 ,t t ',, , s x i. r y' 1 n i,1- I T , i ; V� - ALTERNATE NO • I � � � ' � . �.,� , "_ .,' L 4 aj' t t c y. `j.L - R.` 4 / j,? , , .,.;, a '::,'I • P : c' . , , ' " v' I ' ti.� % r ; A. ,` Bidders' attention is called to the batt insulation above C F r� i ti`I,a ';} �M'#Gi, is included under..Alternate No. 1. "' The batt insulation is n x� l .under the Base' Bid. J R .f x �"f,ri=..'j,a+�r '. si r..t , 1 7 ,R ..y i' i I. Y 1t "1 it 4 r �� t�R `'h4r i, < = i� t "` i : t L. .! 1 =,.,t e` i..7 'R;�rlr '!" yC" '* 4 } :C t ^ z i Imo` :+ ` �; t t`,+ r i ^. t ' I' '`; t e ,'.SECTION 8B METAL'DOORS 4 j*� ; p�Rl;i, d� it 4 }a ti ,� �° ' , :', , :,' e s ;,.iI { , ,"1i�,j{.:A. The following items of finish hardware shall"be furnished wi t , fit,,; k t ,.,� 5 7,� dooxe: � <z _, t;rtq I L F,, � , , I I1 9,1 0. .r,t ii R%. � ` _ ,,,l tdm`::1I ` t,s. t'. � t ; .. R , qt.r t �,�r ; , r , r �S z S. NM''T*Rq +�T .tax ,df '* ^ 4 1 4, ` " r(7 az:' 1. i Y ss Y y Etir i ' ,, ram", '5 — it L .: z i�" , r, ,� 2 Exterior Doors 1 r `. �. r r 1 ; a t >y� y° �r s �`t 1' Exterior boor 2 : `' ` r y ` 'R r .:k A� ; �;' � 1V1' 4 a ' 4� Pr. Butts 1279P , ` 4 X 4 (Hager) ¢; w u j i �,, t, ; V i � k 4 ° 3 3 Locksets . LF 5407 X US26D (Yale) _, 14a f y '" .�,t '.3 Stops 847 X US26D �_, , '%i y .,.k t� �x i' 1 r C a t :,' r '� a : f i s S t E r„rt s t 4 y MZR+T 4 i s Mr 1 ' y� `" �� ti �, 'Item 2 t Iw ; = t i �` a et } a> y Y .� ! 1 � ,;'�� °N-" 4t1:r 2 Doors 4' tc,^offices r„ _ r ' a+i , s �,, fps, ear ,, "a .}" , ltiro�+i�r=�f"jr !'Doter 3 - ]. St�rnge Rm. to Assbly. R+�1 L' —r� .5,� ,hk+-`,if f 4 Pr. fiutts 127�)P 4 X 4 (Hager) , 'r • � �, ��_ • yi . f#'�'t' Oiq r,46 T,°� `3 "'Loc]csets . LF5404 X US261a Y(Yale) "'� . „ ' rti , '`' i° '' 3 Stops 847 X US26D 4 u H 1' " 5 r r } ` .,r,Jd�{'�i..•' w r�?{ i f''d� �t is •¢k 1, 7 ; ' i+ �t � ji+}o''R . N`b ,+', F ,_ .r� x� x A i 'S 5 , r '� '• r' {`i 7 ;� r + 5 ', W _ i .", aF j .t "t .,Sf ,t :r 1 `I, t i r, Jt1 Y �fa r �J { In�J +'�_, + i} ts'V+'gY�r � _It �F' tas Item 3 a F '! '� � ' fi ;1t 4 xr �iy 5 ,� k, �.{,��+,, v� S Lq,1 � �'. A { F. 9 ' i � �, - i R c� y 1 �' n 'N •. y ``' 1 Door'3 Testing Rm. to;Assbly. Rm. , 1-' + t V 1 Sd 'Y r ,S,' 4 ,.' - 1 V 'r '.IbF �. r _ .4 V}at.nxy`` `b',=�:` ' = a';1: Door 4 Closet to. office 2 i' ' ,L:,k R ;. R I r.,gF' y ! '., ti 'L q.� r ti y-t '�'t; Yz F a' n=t'd V' ,,a i, �. .{ i, 3 Pr. Butts 1279P' ` 4 X 4 7 ?jet 'yr`Vy?r,.4 'ter t _ tj, o , 2 Lstchsets. 5401 LF X US26D (Yale, 'l"<"q+41�'* �,' '6= 1 M , )f R Y i,.�iI;-ttq fk'`' +'+l,r. U 26D .:+ ytt .-y =,,r_,{`fY .� '1 ri , �., ? k 2 Stops 84.7 X S w, :j '. >a = i t !., s.,> d2't 4, * 4 4 r a >i;;tj tst``.;iR'r f s 1 w �i a r4 f. r t t, ? , 'r J as . I - ", c ti Jwr _ _ Y r t -' e , i t , 7 a` , ,: ,.^' '�. ,i ,, r 4.) x .< x , _i, r ...� 'fir J �:.' - h •4 ,ti ,� T.. , r. I- ?",,, ' �' ! i tA.. 5 - Z :f .,;,C C i =e, r it =L :.,i C f '.!' ,: ,fix �4 rqY. 7 e ' �' y Page 1 of 2 ^ ' ,= t ,;. =j i yy,T, r; #, ,� 4 1 r ., r t y ., i i fr }s 5 f r ( p 1 '; , fa yK'4�w tr , - :I' , f t ' '` r 4 c R �'j" a J 4 r •,t r r -= j y r r p^ 1 f " j 5., a= 1 R I p t q t t j ,= l . 4 n K t Ps ) 8 r it d T j:'Y i s, I r..R�' •' - 'v 1 G r+. _', a T t, 4 ,. f' ADDENDUM �k 2 (Continued).: y , •" 4 'a Item 4 , .:.1 Door - 5 to toilet 1� Pr. Butts 1279P 4� X 4 1 Closer 52SB (Yale) 1. Push ; PP605 US32D. (Trego) IPull P10dT pS26D (Trego) J �A;. ;,. Keying: Key all exterior locks.alike.'Key all interior differently'..•Masterkey k L all locks. Furnish two keys for each lock and furnish one Masterkey only, e;k "Manufacturer: Products of other'manufac.turers will be.eccepted'.subjectto 3 approval of'architect. S ! ! e F h '.h ? .1 t � k�,s ` t • y 5 �tVIv - ... t tf � e�fiy• 1 , ' s ; B = t _• _ ' Maeker=Stephens-Sessions Architects Engineer' Lubbock Texas - July 301976 4. a t' r • f i ' Page 2 of 2 .4 UNITED STATES STATE OF TEXAS COUNTY OF LUBBOCK E�p£LI7 MD. FIDEIr I.IARANTY COMPANY o 1898' (A 'to 0 =T) TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That Ed Lampe Building Contractors, Inc. BOND NUMBER — 2105 65th Street Lubbock, Texas (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock, Lubbock, Texas (hereinafter called the Obligee), in the penal sum of_Ninexeen (zusand—Six Humired Sixty_ Six —and no/100-------------------------------------------- -- Dollars $ 19,666.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 6th day of August 19L—, a copy of which Is hereto attached and made a part hereof, for the remodeling of Signal Building for Traffic Department, City of Lubbock, Texas, as per plans and specifications of Maeker, Stephens and Sessions, Architects, Lubbock, Texas. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legis- lature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to the some extent as if it were copied at length herein. =� IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this day of Augu.G t 19__ _70 . :=.I Y Ed Lame Building Contractors, Inc(Seal) —(Seal) r ' I� M la Craft Texas Resident Agent: UNITED AT ID LI tj ARANTY COMPANY Read & Company form Approve P. 0. Drawer 1710 By (Seal) Lubbock, Texas C'tY Attorney Pete udglns, J . ast ey-in-fad Contract 214 (Texas) (6-99) 7 .. P r • (CERTIFIED COPY) GENERAL POWER OF ATTORNEY No.... Z5372......................... Know all Men by these Presents. - That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Pete Hudgins, Jr. of the City of Lubbock , State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Pete Hudgins, Jr. may lawfully do in the premises by virtue of these presents. in Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this day of April . A. D. 1963 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By - ....................................................... Hundl.ey.__... :..... -------- - ---- -----• -- Vice-President. (SEAL) (Signed) Frieda Walter ... _........................._....._.....................:...... .-----........... . Assistant Secretary. STATE OF MARYLAND ss: BALTIMORE CITY, On this 194 day of April . A. D. 1963 . betore me personally came E. G. Hundley , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Frieda Walter . Assistant Secretary of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore. Maryland; that they, the said E. G. Hundley and Frieda Walter were respectively the Vice -President and the Assistant Secretary of the said UNITED'STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each kjnew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first Monday in May, A. D.=:19 63 (Seal) (Signed) Anne tri... ..O'Brien Notary Public. STATE OF MARYLAND, Sct. BALTIMORE CITY, I, James F. Carney Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Anne M . O'Brien Esquire: before whom the annexed affidavits were made, and who has thereto orubscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly cormmissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Teslietony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 19tb day of April A. D. 19 63 Si ed James F. Caine (SEAL) ( Bn )............ ... .........Y.._. Clerk of the Superior Court of Baltimore City. F. & S. 3 (11-56) 0 „'��„ UNITED STATES TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must he 100% of Contract amount) STATE OF TEXAS COMPANY COUNTY OF Lubbock BOND NUMBER_.__ (KNOW ALL MEN BY THESE PRESENTS: That, Ed Lampe Building Contractors, Inc.- 2105 65th Street, Lubbock, Texas (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock, Lubbock. Texas (hereinafter called the Obligee), in the penal sum of_ N�e�tee-XL_Tholts-and-Si Hundred Sixty Six and no/100 ---------------------------------- ----- _-_ _---.----_------ ----- —Dollars 19,666.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the-6th -_ day of_August 19 70 , a copy of which is hereto attached and made a part hereof, for for the remodeling of Signal Building for Traffic Department, City of Lubbock, Texas, as per plans and specifications of Maeker, Stephens and Sessions, Architects, Lubbock, Texas. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faith- fully perform the work in accordance with the plans, specifications and contract documents, then this obliga- tion shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legis- lature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions thereof to the some extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this — 6t_h __day 9 70 , Ed Lanme Building Cont actors, Inc.(Seal) _(Seal) rla Craft Texas Resident Agent: EOM " UNITED ST T Y N ARANTY COMPANY Read & Company P. 0. Drawer 1710 Ity W By ___ _ (Seal) Pete Hudgins- /►homey -in -fad Qontreat Y18 (Tessa) (649) •Y ' (CERT166 C(sPY) GENERAL POWER OF ATTORNEY ....................... Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Pete Hudgins, Jr. of the City of Lubbock . State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Pete Hudgins, Jr. may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal. duly attested by the signatures of its Vice -President and Assistant Secretary, this day of April A. D. 1963 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By_-_E.....G. Hundley......_.. - - -------------- Vice -President. (SEAL) (Signed) Frieda Falter ..--. ............. ..... ........... ..----- _.._.. .........--.... .:.........----...... Assistant Secretary. STATE OF MARYLAND u. BALTIMORE CITY, On this 190 day of April . A. D, 1963 , before me personally came E. G. Hundley , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Frieda Walter , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said E. G. Hundley and Frieda Walter were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each kfnew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first Monday in May, A. D. 19 63 (Seal) (Signed) __--Anne M. O'Brien ---...--- . •-------------------- Notary Public. STATE OF MARYLAND, Sct• BALTIMORE CITY, 1. James F. Carney Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal; do hereby certify that Anne M . 0 9 Bri en , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore: duly commissioned and sworn and authorized bylaw to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record. this 19t day`of ' April . A. D. 19 63 James F. (SEAL) (Signed) ...........................--............Ca------.r.........ne y............... .............. ...._...... Clerlt of Ilse 5uper(or Court of Baltimore City. F. a S. 3 (11-56) 0 ,' COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. There/ore, be it Resolved,that this Company do, and it hereby does, authorize and empower its President or either of its "Vice• PreAdents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to. appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, `to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond; recognizance, obligation, .stipulation, or undertaking, or anything in the nature of either of the same. E. Donald Bangs , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Pete Hudgins q Jr. „f Lubbock, Texas , authorizing and empowering hint to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the Ilth day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on 8-6-70 (Date) ; Cab +M THIS IS TO CERTIFY that the Company indicated by an "X" has issued the policy or policies listed, covering in accordance with the terms thereof, to the Insured named below: Name and Address of Insured: Ed Lampe Building Contractors, Inc. 2105 65th Street Lubbock, Texas Issued at request of: Certificate of Insurance F iEk Maryland American General Insurance Company City of Lubbock ❑ American General Insurance Company Lubbock, Texas ❑ Maryland Casualty Company fkNational Standard Insurance Company ❑ Northern Insurance Company of New York L TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY Workmen's Compensation and Statutory Workmen's Compensation Employers' Liability WC1 736639 6-8-70/ 71 $ 100,000.00 Employers' Liability Manufacturer's or Contractor's each person each occurrence Bodily Injury Liability $ Manufacturer's or Contractor's each occurrence aggregate Property Damage Liability $ $ Owner's or Contractor's Protective each person each occurrence Bodily Injury Liability $ $ Owner's or Contractor's Protective each occurrence aggregate Property Damage Liability $ $ Automobile Bodily Injury Liability each person each accident $ $ Automobile Property Damage Liability each accident $ Comprehensive General Liability— each person each occurrence Bodily Injury 31-485898 6-8-70/71 $ 100 000.00 $ 300 000.00 Comprehensive General Liability— each occurrence aggregate Property Damage $ 50 000.00 $ 100 000.00 Comprehensive Automobile Liability— each person each occurrence Bodily Injury 31-485898 6-8-70/71 $ 100 000.00 $ 300 000.00 Comprehensive Automobile Liability— each occurrence Property Damage $ 50.000.00 ilding, Traffic Department, Lubbo RE: Signal B , Texas Description and location of operations to which above policies apply: Carpentry, et al -Code 5645; Carpentry NOC-Code 5403; Concrete Construction NOC-Code 5213; Excavation NOC-Code 5210; Masonry NOC-Code 5022 In the event of cancellation of the insurance the Company agrees to give notice to the party at whose request this certificate is issued ten days before the date of cancellation. This certificate neither affirmatively or negatively amends, extends or alters the coverage afforded by the above policies. I— G Read & Company P . 0. Drawer 1710 Authorized Representative E Lubbock, Texas READ & COMPANY N Date 8-7-70 T THE MARYLAND AMERICAN GENERAL GROUP MA 2858 Rev. 468 SECTION 1D INSURANCE