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HomeMy WebLinkAbout36-04 RESOLUTION• • RESOLUTION NO. 36-04 A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH VEI GENERAL CONTRACTORS, INC. TO BUILD THE WEST FAYETTEVILLE FIRE STATION ON RUPPLE ROAD IN THE AMOUNT OF $1,340,100.00 WITH A CONTINGENCY OF $38,000.00 AND APPROVAL OF A BUDGET ADJUSTMENT OF $274,637.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves VEI General Contractors, Inc. as the low bidder for the West Fayetteville Fire Station (#7) after removing the deductible portions of the contract resulting in the low bid of $1,340,100.00 with a contingency of $38,000.00 and approves a construction contract in that amount with VEI General Contractors, Inc. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $274,637.00 for this project. PASSED and APPROVED this the 16th day of March, 2004. By:d.Let/ 9S mu b SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2004 Department: Sales Tax Capital Improvements Division: Program: Date Requested 3/16/2004 Adjustment Number Project or Item Requested: $274,637 is requested for Building Costs for the new Fire Station #7. Project or Item Deleted: None. Use of Fund Balance is proposed. Justification of this Increase: The bid for the fire station, with deducts, was over the project budget but was still within 25% of the bid certification. Justification of this Decrease: There is sufficient funding remaining to comply with City policies. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Building costs 4470 9470 5804 00.. 274,637 01015 Decrease Budget (Increase Revenue) Account Name Account Number Amount Project Number Use of fund balance 4470 0947 4999 99 274,637 Approval Signatures Requested By Date x•3-05, Budget ManagerDate Department Dirtor Date inanc�e & InternahServices Director Mayor 3-3—oP Date 3/3D?/i Budget Office Use Only Type: A C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Initial Date 1 I • • 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Eighth day of March in the year of Two Thousand Four (In words, indicate day, month and year) BETWEEN the Owner the City of Fayetteville. (.\'arae, address and other information) CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, ARKANSAS Contact: Mr. Cov Hurd Ph: (479) 575-8361 Fx: (479) 575-8223 and the Contractor. (Name, address and other information) V.E.I GENERALCONTRACTORS 202 EAST 39TH STREET RUSSLEVILLE, ARKANSAS 72802 Contact: John Van Horn Ph: (479) 968-5060 Fx: (479) 968-4573 The Project is: (Name and location) NEW FAYETTEVILLE FIRE STATION NO. 7 635 NORTH RUPPLE ROAD FAYETTEVILLE. ARKANSAS The Architect is: (Name, address and other information) WITTENBERG, DELONY & DAVIDSON. INC. 2434 EAST JOYCE BOULEVARD. SUITE 10 FAYETTEVILLE. ARKANSAS 72703 Contact: Richard Alderman. AIA/Principal Ph: (479) 442-6681 Fx: (479) 251-0231 The-Gw *er The City of Fayetteville and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these fort the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT User Comment: Fayettev'le Fire Station No.7Job #03-006 ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject rhe violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. 1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • • • • The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the -Owner the City of Fayetteville. (Insert the date of commencement ifit di/Ters from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) If, prior to the commencement of the Work, the -Owner the City of Fayetteville requires time to file mortgages, mechanic's liens and other security interests, t -he -Owner's the City of Fayetteville's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 300 (three hundred) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated Kith the date of commencement. Unless stated a/sentere in the Contract Documents, inert any requirements for earner Substantia/ THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A20I-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other ,general conditions unless this document is Completion of certain portions of the York) modified. From date of issuance by the City of Fayetteville of a "Notice to Proceed" including all days. holidays and other calendar days. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions ifany for liquidated damages relating to Failure to complete on time or for bonus payments for early comp/etion of the Work) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sunt in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Three Hundred Forty Thousand. One Hundred and No 100 Dollars (s 1.340,100.00) subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the-G,nwr the City of Fayetteville: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the City ofFa✓ettesi//e subsequent to the execution of this Agreement, attach a schedule afsuch other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices, if any, are as follows: $ 5.00 cy undercut unsuitable materials $ 7.00 cy select fill and placement ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner -the City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. User Comment: Fayettev'le Fire Station No.7Job #03-006 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates rhe copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. 2 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIM, AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • • 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25thday of a month, the -Owner the City of Fayetteville shall make payment to the Contractor not later than the 30th day of the Following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the -Owner the City of Fayetteville not later than 30 days after the Architect receive processes and sends to the City of Fayetteville the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Docutnents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 1.5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by ref erence. Do not use with other general conditions unless this document is modified. This document has been approved and Take that portion of the Contract Sum properly allocable to completed Work as endorsed by the Ass«fared General determined by multiplying the percentage completion of each portion of the Work Contractors of America. by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10 %). Pending final determination of cost to the Owner the City of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document Amt -1997. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation hi the completed construction (or, if approved in advance by the -Owner the City of Fayetteville suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10%)- Storage of materials in a Sub -Contractors, Vendors or others company warehouse is not sufficient to be a claim for stored materials and will not be made part of any Payment Application. .3 Subtract the aggregate of previous payments made by the Owner the City of Fayetteville• and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2o1-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 of AMA Document A201-1997 requires re/ease of applicable retainage upon Substantia/ Completion of Work with consent ofsurety, if any.) User Comment: Fayettev'le Fire Station No.71ob #03-006 ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. 3 01997 AIA® AIA DOCUMENT A1O1-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • • .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A2o1 1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (flit is intended, prior to Substantia/ Completion of the entire Wort; to reduce or limit the retainage resulting from the percentages inserted in Clauses 5..16.1 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction orlimitation.) Any Reduction in retainage amount. as provided by State Law or otherwise, will only be made if the City of Fayetteville is in agreement that the Work has progress with satisfactory (to the City of Fayetteville) workmanship and proper progress in execution of the Work has been attained. Written consent of Surety to reduction in Retainage must be provided by the Contractor. 5.1.9 Except with the Owner'., the City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made bythR._er the City of Fayetteville to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document Azol-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. .3 The Contractor has completed all project "close-out" requirements as stated in the Contract Documents including as -built record documents, lien releases from sub -contractors. major vendors and suppliers and other requirements indicated in the Contract Documents 5.2.2 The Owner'., the City of Fayetteville's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: And when the Contractor completes the Deficiency Work and obtains approval of such from the City of Fayetteville. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 5.2.3 No issuance of a Progress Payment, Final Payment Application or payment of such by the City of Fayetteville nor partial or entire use or occupancy of the Work by the City of Fayetteville will release the Contractor Sub -Contractors or other(s) from the requirement to provide the Work in full accordance with the Contract Documents, or shall be construed as acceptance of any work or materials not in accordance with this Agreement and the Contract Documents. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the -Owner the City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A2o1-1997. 6.2 The Work may be suspended by theeeftier the City of Fayetteville as provided in Article 14 of AIA Document Azol-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS User Comment: Fayettev'le Fire Station No.71ob #03-006 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. 4 01997 AIA® AIA DOCUMENT A1O1-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • • 7.1 Where reference is made in this Agreement to a provision of AIA Document Awl - 1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, 'limy.) None, City of Fayetteville can not pay interest USW"' fans and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the -Owners the City of Fayetteville's and Contractor's principal places of business, the /oration of the Project and elsewhere may affect the validity of this prmision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 T`,»The City of Fayetteville's representative is: (Name, address and otherinformation) Dr. Coy Hurd City of Fayetteville Building Services 113 West Mountain Fayetteville. Arkansas 72701 Ph: (479) 575-8361 Fx: (479) 575-8223 7.4 The Contractor's representative is: (Name, address and other information) Mr. John Van Horn VEI General Contractors 202 East 39th Street/ P.0, Box 1032 (72811) Russelville, Arkansas 72802 Ph: (479) 968-5060 Fx: (479) 968-4573 7.5 Neither the Owner's the City of Fayetteville's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: 7.6.1 Increase in the price or fees of this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the increase in cost or fees. 7.6.2 Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subiect to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.C.A. 25-19-101 et.seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications Agreement, are enumerated as follows: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® issued after execution of this AIA DOCUMENT A1011997 OWNER -CONTRACTOR AGREEMENT 8.1.1 The Agreement is this executed 1997 edition of the Standard Between Owner and Contractor, AIA Document Ami -1997. The American Institute of Architects Form of Agreement 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 User Comment: Fayettev'le Fire Station No.7Job #03-006 ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U5 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. 5 • • 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o1-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 9. 2004 , and are as follows: See "Attachment A" Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual Subparagraph 8.1.3, and are as follows: See "Attachment A" (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section dated as Title Pages THIS DOCUMENT HAS IMPORTANT LEGAL in CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 8.1.5 The Drawings are as follows, and are dated February 10. 2004 unless a different date is shown below: See "Attachment B" (Either Gs! the Draisingshere or refer to an exhibit attached to this Agreement.) Number Title Date 8.1.6 The Addenda, if any, are as follows: See "Attachment B" Number Date Pages Portions of Addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part ofihe Contract Documents AIA Document A2o1- ryp prosides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidden sample forms and the Contractor's bid are not part of the Contras Documents unless enumerated in this Agreement They should be listed here only ifintended to be part of the Contras Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to ttetee the Cit of Fa etteville. OWNERDan Coed gnature) (Printed name and tide) ra Smith CIe k 411ONTR ?CT 1 R (signalise) L (Printed name and ti User Comment: Fayettev'le Fire Station No.7Job #03-006 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. 6 AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference, Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. • 01997 AIA AIA rO "E7 • UMENT A101-1997 TRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • • • FAYETTEVILLE FIRE STATION NO. 7 FAYETTEVILLE, ARKANSAS WDD JOB # 03-006 "ATTACHMENT A" Page 1 of 3 General Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 9, 2004, and are as follows: DOCUMENT NO. 00100 00200 00300 00310 00330 00400 00600 00700 00800 TITLE BID SOLICITATION INSTRUCTIONS TO BIDDERS & COPY OF O/C AGREEMENT WAGE RATES OSHA GUIDELINES FOR TRENCH SAFETY EXISTING CONDITIONS BID FORM BONDS GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS PAGES 1 10 5 3 2 6 1 46 7 The Specifications are those contained in the Project Manual dated February 9, 2004 and are as follows: SECTION NO. TITLE 01100 SUMMARY OF WORK 01210 ALLOWANCES 01230 ALTERNATES 01300 SUBMITTALS AND SUBSTITUTIONS 01450 TESTING LABORATORY SERVICES 01500 TEMPORARY FACILITIES AND CONTROLS 01640 OWNER FURNISHED PRODUCTS 02200 SITE PREPARATION 02300 EARTHWORK 02360 TERMITE CONTROL 02375 TEMPORARY EROSION CONTROL 02630 DRAINAGE PIPING 02740 ASPHALTIC CONCRETE PAVING 02750 PORTLAND CEMENT CONCRETE PAVING 02760 PAVEMENT MARKING 02770 CONCRETE CURBS AND SIDEWALKS 02900 LANDSCAPING PAGES 5 1 2 10 3 3 4 5 10 2 2 3 3 4 1 4 1 • • "ATTACHMENT A" Page 2 of 3 03100 CONCRETE FORM WORK 5 03200 CONCRETE REINFORCEMENT 3 03300 CAST -IN-PLACE CONCRETE 8 03450 ARCHITECTURAL PRECAST CONCRETE 3 04100 MORTAR 2 04200 UNIT MASONRY 7 05100 STRUCTURAL STEEL 5 05300 METAL DECKING 3 05400 COLD FORMED STRUCTURAL STEEL FRAMING 5 05500 MISCELLANEOUS METAL 3 06100 ROUGH CARPENTRY 4 06170 LAMINATED WOOD BEAMS 3 06200 FINISH CARPENTRY 2 06400 ARCHITECTURAL WOODWORK 5 07150 DAMPPROOFING 2 07200 INSULATION 4 07240 EXTERIOR INSULATION AND FINISH SYSTEMS 6 07410 STANDING SEAM METAL ROOFING 5 07525 MODIFIED BITUMEN SHEET ROOFING 7 07600 FLASHING AND SHEET METAL 4 07850 FIRESTOPPING 6 07900 JOINT SEALANTS 6 08100 METAL DOORS AND FRAMES 5 08200 WOOD DOORS 4 08350 OVERHEAD/ROLLING DOORS 5 08400 ENTRANCES, STOREFRONTS, AND WINDOWS 4 08700 HARDWARE 9 08800 GLAZING 4 09250 GYPSUM DRYWALL 10 09260 EXTERIOR SHEATHING 2 09310 TILE 7 09510 ACOUSTICAL CEILINGS 3 09650 RESILIENT FLOORING 6 09680 CARPET 4 09900 PAINTING 6 09950 GLAZE COATING 2 10100 VISUAL DISPLAY BOARDS 2 10150 COMPARTMENTS AND CUBICLES 3 10350 FLAGPOLE 3 10400 IDENTIFYING DEVICES 2 10440 INTERIOR SIGNAGE 5 10520 FIRE PROTECTION SPECIALTIES 2 10800 TOILET AND BATH ACCESSORIES 2 • • "ATTACHMENT A" Page 3 Of 3 10950 MISCELLANWOUS SPECIALTIES 3 11450 RESIDENTIAL EQUIPMENT 3 12490 HORIZONTAL BLINDS 2 15010 GENERAL MECHANICAL REQUIREMENTS 13 15240 VIBRATIN ISOLATION 2 15250 MECHANICAL INSULATION 2 15330 WET PIPE SPRINKLER SYSTEMS 6 15370 RANGE HOOD EXTINGUISHING SYSTEM 2 15410 ROOF AND STORM DRAINAGE SYSTEM 3 15411 SANITARY DRAIN, WASTE AND VENT PIPING SYSTEM 4 15412 DOMESTIC WATER PIPING SYSTEM 3 15413 NATURAL GAS PIPING SYSTEM 3 15440 PLUMBING FIXTURES 3 15456 GAS FIRED WATER HEATERS -COMMERCIAL GRADE 2 15610 FORCED AIR FURNACES 2 15623 GAS FIRED INTRA -RED SPACE HEATERS 2 15670 SPLIT SYSTEM CONDENSING UNITS 2 15860 FANS 2 15865 VEHICLE EXHAUST REMOVAL SYSTEM 5 15890 LOW PRESSURE DUCTWORK AND ACCESSORIES 3 16010 GENERAL ELECTRICAL REQUIREMENTS 8 16110 RACEWAYS 4 16120 WIRES AND CABLES 3 16130 BOXES AND ENCLOSURES 2 16140 WIRING DEVICES 3 16170 DISCONNECT SWITCHES 2 16190 SUPPORTING DEVICES 3 16195 ELECTRICAL IDENTIFICATION 3 16421 UNDERGROUND ELECTRICAL SERVICES 3 16422 TRANSIENT VOLTAGE SURGE SUPPRESSOR, HIGH EXPOSURE 2 16450 GROUNDING 2 16471 CIRCUIT BREAKER LIGHTING PANELBOARDS, 240 VAC, MAX. 2 16472 CIRCUIT BREAKER POWER DISTRIBUTION 2 16485 CONTRACTORS 2 16621 ENGINE -GENERATOR SET -PACKAGED 3 16627 AUTOMATIC TRANSFER SWITCH 2 END OF ATTACHMENT "A" 4 • • FAYETTEVILLE FIRE STATION NO. 7 FAYETTEVILLE, ARKANSAS WDD JOB # 03-006 "ATTACHMENT B" Page 1 of 2 The drawings are as follows, and are dated February 10, 2004, unless a different date is shown below: SHEET NO. TITLE DATE COVER PAGE CS PROJECT INFORMATION 1 OF 1 LOT SPLIT FOR WEST SIDE 5/30/03 C1.1 DEMOLITION PLAN 1/19/04 C1.2 SITE PLAN 1/19/04 CI.3 GRADING & DRAINAGE PLAN 1/19/04 C1.4 UTILITY PLAN 1/19/04 C1.5 TREE PRESERVATION PLAN 1/19/04 C2.1 DETAIL SHEET 1 1/19/04 C2.2 DETAIL SHEET 2 1/19/04 C2.3 DETAIL SHEET 3 1/19/04 A1.1 FIRST FLOOR PLAN A1.2 SECOND FLOOR PLAN A1.3 RELECTED CEILING PLAN A1.4 CLERESTORY AND ROOF PLANS A2.1 ELEVATIONS A3.1 BUILDING SECTIONS A3.2 BUILDING SECTIONS A3.3 BUILDING SECTIONS A3.4 BULDING SECTINS A3.5 WALL SECTIONS AND DETAILS A3.6 WALL SECTIONS AND DETAILS A3.7 WALL SECTIONS AND DETAILS A3.8 WALL SECTIONS AND DETAILS A4.1 INTERIOR ELEVATIONS A4.2 MILLWORK SECTIONS A5.1 SCHEDULES AND WALL TYPES A5.2 DOOR AND WINDOW TYPES A5.3 DOOR AND WINDOW DETAILS S1.0 NOTES & SCHDULES S1.1 FOUDATAIN PLAN S2.1 FOUDATION DETAILS S3.1 FLOOR & LOW ROOF FRAMING PLANS S3.2 ROOF FRAMING PLAN S4.1 FRAMING DETAILS S4.2 FRAMING DETAILS • • "ATTACHMENT B" Page 2 of 2 U1.1 UTILITY SITE PLAN P1.1 FIRST FLOOR PLUMBING DRAIN PLAN P1.2 SECOND FLOOR PLUMBING DRAIN PLAN P2.1 FIRST FLOOR PLUMBING SUPPLY PLAN P2.2 SECOND FLOOR PLUMBING SUPPLY PLAN P3.1 PLUMBING DETAILS P3.2 PLUMBING SCHEDULES M1.1 MECHNICAL FLOOR PLAN M1.2 VEHICLE EXHAUST FLOOR PLAN M2.1 MECHANICAL DETAILS M2.2 MECHANICAL DETAILS M3.1 MECHANICAL SCHEDULES El .1 ELECTRICAL POWER PLAN -FIRST & SECOND FLOOR E1.2 MECHANICL POWER PLAN- FIRST & SECOND FLOOR E2.1 ELECTRICAL LIGHTING PLAN -FIRST & SECOND FLOOR E3.1 ELECTRICAL DETAILS E3.2 ELECTRICAL DETAILS E3.3 ELECTRICAL DETAILS E3.4 ELECTRICAL PANELBOARD SCHEDULES ADDENDA NO. DATE PAGES 1 February 19, 2004 4 w/attachments Specification 07225-Nailable Insulation (5 pgs) ADD C1.01, ADD CI.02, ADD A1.01, ADD A1.02, ADD A1.03, ADD A1.04, ADD M1.01, ADD M1.02 2 February 23, 2004 4 w/attachments Specification 07240 (7 pgs) ADD A2.01, ADD A2.02, ADD A2.03, ADD A2 04, ADD A2.05, ADD 2.06, 3 February 23, 2004 1 END OF ATTACHMENT "B" NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 36-04 w/agreement & budget adjustment Document 1 NOTES: /04/04 accr.ce 641A4tp/ifet kn12Fa\ enr faaro.s 1 03/24/04 Staff Review Form 2 02/27/04 memo to mayor & city council 3 02/13/04 Staff Review Form 4 draft resolution 5 02/27/04 memo to mayor & city council 6 02/26/04 bid tabulation 7 copy of agreement 8 03/17/04 email to Chief Bosch 9 03/17/04 email to city clerk ofc 10 03/08/04 copy of signed agreement 11 03/11/04 memo to Coy Hurd 12 03/10/04 memo to City from Wittenberg, Delony & Davidson 13 04/08/04 copy of memo to Chief Bosch 14 04/07/04 copy of insurance "Common Policy Declarations" 15 04/07/04 copy of insurance "Common Policy Declarations" NOTES: /04/04 accr.ce 641A4tp/ifet kn12Fa\ enr faaro.s • Coy Hurd Submitted By Ml'ROFILMEb 72_ e/o, City of Fayetteville Staff Review Form City Council Agenda Items Contracts For Staff Review City Council Meeting Date Building Services Division Action Required: oo�-Z Vier G6 V4 I Finance and Internal Services Department The action required is the signature of the Mayor. This change order authorizes the Contractor to install several of the finishes that were deleted from the work to facilitate acceptance of the bid and contract. $16,647 Cost of this request 4470-9470-5804.00 Account Number 01015 Project Number Budgeted Item XX 1,431,622 Category/Project Budget $1,354,216.97 Funds Used to Date 77,405.03 Remaining Balance Budget Adjustment Attached Previous Ordinance or Resolutio Department Dir or C _yea ( City Attorney OC/6 Q Date Finance and Internal Service Director Mayo Comments • Date ate Fire Station Number Seven Construction Program Category / Project Name Fire Safety Program / Project Category Name sales tax capital Fund Name Original Contract Date: Original Contract Number. Received in City Clerk's Office Received2 Mayo/D y „tr • FAYETTEdILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • TO: THROUGH: FROM: DATE: SUBJECT: For Staff Review Dan Coody, Mayor Stephen Davis, Director of Flnan9ial and Internal Services Coy Hurd, Project Manager December 8, 2004 Change Order Number Two, Fire Station Number Seven Project Recommendation: Background: Discussion: Budget Impact: Staff recommends your approval of Change Order Two and signature of the documents. Due to the good progress of the project to this point, we are in the position to seriously reconsider some of the finishes initially deleted from the work. As of this date, the work at Fire Station Number Seven is eighty percent complete and no significant unexpected issues have come to light. The expectation is that the project will be completed satisfactorily with no major use of contingency funds. Because of our success to this point, we may now look at the possibility of restoring some of the finishes which were initially deleted to facilitate the acceptance of the contract. These finishes include Corean countertops, ceramic tile flooring, and the painting of the apparatus bay. The prices for these items are the same totals that were originally deleted from the work. One additional item is the upsizing of a conduit and weather -head from half-inch to three inches. In its Resolution Number 36-04 (see attachment), the City Council authorized the contingency fund, therefore (it is my understanding) that the approval of this change order will not have to go before the Council. The approval of this change order would increase the construction contract amount by $16,647.00, making the total contract amount $1,317,547.00. The contact time (and general conditions) would remain unchanged. These totals are well within the project's current budget. • WITTENBERG, DECOR& DAVIDSON, INC. Northwest Arkansas Office 2434 E. Joyce St., Ste. 10 Fayetteville, AR 72703 Tel: 479-442-6681 Fax: 479-251-0231 CHANGE ORDER PROJECT: CITY OF FAYETTEVILLE, FIRE STATION #7 RUPPLE ROAD FAYETTEVILLE, ARKANSAS OWNER: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS TO: VEI GENERAL CONTRACTORS 202 EAST 39TH STREET RUSSELLVILLE, ARKANSAS 72802 PH# (479) 968-5060 CHANGE ORDER NO: 02 DATE: 11-19-2004 CONTRACT DATE- March 08, 2004 PROJECT NO: WD&D Project 03-006 CONTRACT FOR: GENERAL CONSTRUCTION You are directed to make the following change(s) in this Contract: 1) Add back to the project deductive alternate #1 per the $ 5,997.00 add original Contract Documents (Corean solid surface countertops), as stated in Proposal Request No. 2. 2) Add back to the project deductive alternate #3 per the original Contract Documents (Deduct VCT Tile and add back the Ceramic tile flooring), as stated in Proposal Request No. 2. 3) Add back to the project deductive alternate #3 per the original Contract Documents (Painting interior of the Apparatus Bay), as stated in Proposal Request No. 2. 4) Proposal Request No.3: Install 3" conduit for radio tower. Total changes $ 6,450.00 add $ 3,000.00 add $ 1,200.00 add $ 16,647.00 add CONTRACT RECAP The original Contract sum was: Net change by previously authorized Change Orders: The Contract Sum prior to this Change Order: The Contract Sum will be increased by this Change Order: The new Contract Sum including this Change Order will be: The Contract Time will remain un -changed. <$ 1,340,100.00 39,200.00> 1,300,900.00 16,647.00 add 1,317,547.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. WITTENBERG DELONY & DAVIDSON, Inc 2434 E. Joyce St., Ste. 10 Fayetteville, Arkansas 72703 DATE: VEI GENERAL CONTRACTORS 202 East 39th Street Russ le, Arkans= 1+'2802 DA E: CITY OF FAYETTEVILLE 113 West untain Fayettevikansaf 72701 BY: DATE: 0.7 a idcf .WITTENBERG, DELON DAVIDSON, INC. • Northwest Arkansas Office 2434 East Joyce St., Suite 10 Fayetteville, AR 72703 Tel: 479-442-6681 Fax: 479-251-0231 PROPOSAL REQUEST PROJECT: PROPOSAL REQUEST NO: 02 CITY OF FAYETTEVILLE, FIRE STATION #7 RUPPLE ROAD FAYETTEVILLE, ARKANSAS DATE: 09-14-04 OWNER: CITY OF FAYETTEVILLE PROJECT NO: WD&D Job # 03-006 FAYETTEVILLE, ARKANSAS TO: CONTRACT FOR: GENERAL CONSTRUCTION VEI General Contractors 202 East 39th Street Russellville, AR 72802 Ph# (479) 968-5060 Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. Quotation must be received by the Architect within fourteen calendar days from date of the Proposal Request. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. DESCRIPTION: Proposal Request No. 02 provides information regarding Alternate No. 1 in Change Order No. 01, which replaced the ceramic floor tile with vinyl floor tile in Entry 101, Serving 109, Kitchen 110, Pantry 1 1 1, Storage 202, Men's Toilet 203 and Women's Toilet 201. Please, provide a credit to delete vinyl floor tile in Entry 101, Serving 109, Kitchen 110, Pantry 1 1 1, Storage 202, Men's Toilet 203 and Women's Toilet 201. Please, provide pricing to provide and install ceramic floor tile, ceramic base, and rubber base (shown in original drawings and finish schedule) in Entry 101, Serving 109, Kitchen 110, Pantry 1 1 1, Storage 202, Men's Toilet 203 and Women's Toilet 201. • Entry 101: 12" X 12" Porcelain floor tile and Ceramic base. • Per Addenda No. 3, Serving 109: 12"X12" Porcelain floor tile and rubber base. • Per Addenda No. 3, Kitchen 1 10:12"X12" Porcelain floor tile and rubber base. • Per Addenda No. 3, Pantry 1 1 1 : 12" X 12" Porcelain floor tile and rubber base. • Women's Toilet 201: 12" X 12" Porcelain floor tile and ceramic base. • Storage 202: 12" X 12" Porcelain floor tile and rubber base. • Men's Toilet 12" X 12" Porcelain floor tile and ceramic base Attachments: WITTENBERG, DELONY & DAVIDSON, INC. By: Dale Scarbrough, Northwest Arkansas Office • • Dale Scarbrough Page l of l From: "Scott Nielsen" <snielsen@veigc.com> To: <scard@wddarchitects.com> Sent: Monday, November 01, 2004 2:54 PM Subject: F.F. #7 Countertops/Tile/Paint Mr. Scarbrough; After reviewing our original proposal, Deductive Alternate #1 & the Price Reduction List we are submitting the following requested prices to add back: Add back the Corean solid surface countertops $5,997.00 Deduct VCT Tile and add back the Ceramic tile flooring $6,450.00 Add back Painting interior of the Apparatus Bay $3,000.00 Please advise. Do I need to submit this pricing on a change order request form & transmittal or letter head or ?. If you have any questions or comments please call. Respectfully, Scott Nielsen 11/13/2004 WITTENBERG, DELONAIDAVIDSON, INC. Northwest Arkansas Office 2434 East Joyce St., Suite 10 Fayetteville, AR 72703 Tel: 479-442-6681 Fax: 479-251-0231 PROPOSAL REQUEST PROJECT: CITY OF FAYETTEVILLE, FIRE STATION #7 RUPPLE ROAD FAYETTEVILLE, ARKANSAS OWNER: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS TO: VEI General Contractors 202 East 39th Street Russellville, AR 72802 Ph# (479) 968-5060. PROPOSAL REQUEST NO: 03 DATE: 11/13/04 PROJECT NO: WD&D Job # 03-006 CONTRACT FOR: GENERAL CONSTRUCTION Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein Quotation must be received by the Architect within fourteen calendar days from date of the Proposal Request. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN DESCRIPTION: Proposal Request No. 03 provides information regarding Supplemental Instruction No. 32: adding a 3" conduit to the radio tower, as requested by Smith Radio. Please, provide pricing to install a three-inch conduit with weather head. As described by Smith Radio, a three-inch conduit will be installed surface mounted on the back/east wall of Radio/Comm. Room 103 up to above ceiling, where it will travel above ceiling toward the west to the north side of the window in Serving 109. A 3" weather head will be mounted on the exterior brick surface of the west wall of Serving 109. From there the coax cable will fly approximately 1'-0" to the radio tower. The contractor is to take care to coordinate the installation of the 3" conduit with all other trades. The mechanical, electrical, and plumbing sheets are to be reviewed for coordination purposes. Please note the 3" conduit is to be coordinated with the 12X24 duct on Sheet M1.1. Attachments: WITTENBERG, DELONY & DAVIDSON, INC. By: Dale Scarbrough, Northwest Arkansas Office 'N0V-18-2004 THU 09: VEI General Ct P.O.Ro 1032 202E. 3 th Street Russellv lie, Arkansas 72811 TO: In' run up t be moot radio to, See also VEI,INC FAX 'actors, Inc. Phone: 479-968-5060 Fax: 479-968-4575 3' Antenna Conduit ':Fayetteville Fire Station #7 Attn: Dale Scarbrough Wittenberg, Delony & Davidson, Tue. 2434 E Joyce Blvd, Fayetteville, AR 72701 Phone: 479-442-6681 Fax: 479-251-0231. 479 890 6767 P, 02 REQUEST.FOR PROPOSAL No. 00001 tE: To: From: Number: .MON OF PROPOSAL sal Request #03, the price listed below includes all material, labor, supervision etc., to install a three inch conduit as by Smith Radio, it shall be surface mounted on the back/east wall of the Radio/Cora room 103. From there the conduit is to wall, through the ceiling and travel above the ceiling to the north side of window in Serving 109. A 3" weather head will don the exterior brick surface at the bonduit penetration point of brick where the coax cable will fly approximately Ito the cached price breakdown from ARC Electric. Mon Stock# Quantity Units actor Rice - 1.000 on 1:000 Insurance 1.000 & Profit - L000 APPRC VAL: By: - Scott Nielsen Date; Unit Price Tax Rate Tax AmountNet Amount $1,038.00 0,00% $0.00 51,038,00 i $93.00 0.00% ' $0.00 ,593.00 $13.00 0.00%. $0.00 $13.00 $56.00'. '0.00%" $0.00 ..$5600 unit Cost: Si,i00.00 Unit Tax: . I $0.00 Lump Sum: $0.00 Lump Tax: $0.00 Total: $1,200.00 By: Date: H Dale Scarbrough •NOV-18-2004 THU 09: AM VEI; INC FAX . 479 890 6767 ' b Nb#k Riron�lN Akw ARC ELECTRIC INC. RESIDENTIAL - CoMMERClAL • INDUSTRIAL INSTALLATION - DES Date ` STATE LICENSED'G INSURED Dejj Baey.Ownw 1121 Sam Barrrnoton • 9prUpdare AR izie2 O_ mil_ (479) 361-2096 • Fax (479) 361-2,369 L /finn /�lr rfJ - jAJ4 llL>;n-" Unl Prtoe I Amount - Labor subtotal ETS Pai TOTAL 69S-T9-gG9: Th >Hd '7NI 3tiara Dab; IrD1d RESOLUTION NO. 36-04 A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH VEI GENERAL CONTRACTORS, INC. TO BUILD THE WEST FAYETTEVILLE FIRE STATION ON RUPPLE ROAD IN THE AMOUNT OF $1,340,100.00 WITH A CONTINGENCY OF $38,000.00 AND APPROVAL OF A BUDGET ADJUSTMENT OF $274,637.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves VEI General Contractors, Inc. as the low bidder for the West Fayetteville Fire Station (#7) after removing the deductible portions of the contract resulting in the low bid of $1,340,100.00 with a contingency of $38,000.00 and approves a construction contract in that amount with VEI General Contractors, Inc. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $274,637.00 for this project. PASSED and APPROVED this the 16th day ofMarch, 2004. APPROVED: By: City Clerk Division y . ARKANSAS 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayetteville.ar.us DEPARTMENTAL CORRESPONDENCE To: Coy Hurd Building Services From: Clarice Buffalohead-Pearman City Clerk Division Date: November 23, 2004 Re: VEI General Contractors I have attached three of four originals of Change Order No. 2 with the appropriate signature. The change order will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: Internal Auditor STAFF AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FROM: STAn REVIEW FORM - FINANCIAL OBLIGh N -� For Staff Review as •Cow/l CE'h�Y�tc'.IdY5 Coy Hurd Building Services Finance and Internal Services Name Division Department ACTION REQUIRED: The action required is the signature of the Mayor. By approving this Change Order, the City accepts the prices approved by all parties on March 4, 2004. An exhaust system and Bay Number Three will be added back into the scope of work. The project will be credited $38,205. With the approval of this doucment, changes to the scope of work include (in addition to exhaust and Bay Three) site work and finishes. $0.00 $ 1,431,622.00 Fire Station #7 - Construction Cost of this request Category/Project Budget Program Category / Project Name 4470-9470-5804.00 $ 1,393,416.97 Fire Safety Account Number Funds Used to Date Program / Project Category Name 01015 $ 38,205.03 sales tax capital Project Number Remaining Balance Fund Name BUDGET REVIEW: XX Budgeted Item Budget Adjustment Attached , 1L.Z '6/ Budget Manage Date CONTRACT/ ANT /LEASE REVIEW: 6�� ,/o,� a a/z Date Tir(mitor Date "1 1 _ Date Purchasing Manager Date Received in Mayor's Office Date s Reference: Date Previous Ord/Res#: Date Orig. Contract Date: D Oate Orig. Contract Number: New Item: trim H 1 Yes No Staff Review Form - Page 2 Description Change Order #1 - Fire Station #7 Meeting Date Comments: Reference Comments: Budget Manager Contingency is $38,000 not $38,205. CO#1 by $39,200. Any additional CO's will will not increase contingency by $39,200. increase the contract up to the $39,200 Instead orignal contract will be reduced then contingency will be used. Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator FAYETTEV?LLE S THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN For Staff Review TO: Dan Coody, Mayor THROUGH: Stephen Davis, Director of FirAa�aF�nd Internal Services FROM: Coy Hurd, Project Manager DATE: June 19, 2004 SUBJECT: Change Order Number One, Fire Station Number Seven Project Recommendation: Staff recommends your approval of Change Order One and signature of the documents. Background: Bay number three was deleted from the Scope of Work at the time of bidding. This work was accepted as a Deductive Alternate. By way of Change Order Number One, we have the opportunity to add this bay back into the scope. Discussion: If you will recall, a meeting was held at the office of the project's A/E on March 4, 2004, for the purpose of a discussion with Mr. John. Van Home, the General Contractor for the Fire Station Seven Project. At that meeting, several items were priced relative to being• able to afford to add the third bay back into the scope. By approving Change Order Number One, the City accepts the prices outlined in the March 4th meeting. In addition, the exhaust system (also deleted as a Deductive Alternate) will be added back into the scope. Further, in addition to gaining the bay and the exhaust system, the project will be credited $39,200. Budget Impact: The acceptance of Change Order Number One will have a significant impact on the project's budget. It will increase the contingency fund from $38,205 to $77,405 (5.9%), a realistic and manageable contingency amount. RESOLUTION NO. 36-04 A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH VEI GENERAL CONTRACTORS, INC. TO BUILD THE WEST FAYETTEVILLE FIRE STATION ON RUPPLE ROAD IN THE AMOUNT OF $1,340,100.00 WITH A CONTINGENCY OF $38,000.00 AND APPROVAL OF A BUDGET ADJUSTMENT OF. $274,637.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves VEI General Contractors, Inc. as the low bidder for the West Fayetteville Fire Station (#7) after removing the deductible portions of the contract resulting in the low bid of $1,340,100.00 with a contingency of $38,000.00 and approves a construction contract in that amount with VEI General Contractors, Inc. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $274,637.00 for this project. PASSED and APPROVED this the 16th day of March, 2004. By: APPROVED: COODY, Mayor WITTENBERG, DELONY &,WVIDSON, INC. CHANGE ORDER Northwest Arkansas Office 2434 E. Joyce St., Ste. 10 Fayetteville, AR 72703 Tel: 479.442-6681 Fax: 479-251-0231 PROJECT: CITY OF FAYETTEVILLE, FIRE STATION #7 RUPPLE ROAD FAYETTEVILLE, ARKANSAS OWNER: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS TO: VEI GENERAL CONTRACTORS 202 EAST 39T" STREET RUSSELLVILLE, ARKANSAS 72802 PH# (479) 968-5060 CHANGE ORDER NO: 01 DATE: 05-24-2004 CONTRACT DATE: March 08, 2004 PROJECT NO: WD&D Project 03-006 CONTRACT FOR: GENERAL CONSTRUCTION You are directed to make the following change(s) in this Contract 1) Add back to the project deductive alternate #3 per the $ 78,000.00 add original Contract Documents (3rd Bay + type of overhead doors) 2) Cost Savings revisions as indicated in P.R. #01 -<$ 144,265.00 deduct 3) Add back the Plyo-vent System for Bays 2 & 3 $ 27,065.00 add Total changes <$ 39,200.00> deduct CONTRACT RECAP The original Contract Sum was: $$ 1,340,100.00 Net change by previously authorized Change Orders: The Contract Sum prior to this Change Order: $ 1,340,100.00 The Contract Sum will be decreased by this Change Order: <$ 39,200.00> deduct The new Contract Sum including this Change Order will be: $ 1,300,900.00 The Contract Time will remain un-changed. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. WITTENBERG DELONY & DAVIDSON, Inc 2434 E. Joyce St., Ste. 10 FayettevilleAL►•ArrkMMsas ((72��703�� QXUA BY • A N DATE: 5 i27 • VEI GENERAL CONTRACTORS 202 East 39'h Street CITY OF FAYETTEVILLE VIE! General Contrac rs, Inc. P.O,Box 1032 TRANSMITTAL No. 00076 202E. 39th Street Phone: 479-968-5060 D....1 L.ale A.b..-...... "011 Gov. A70_OIQ Acgc PROJECT: Fayetteville Fire Station #7 Wittenberg, Delony & Davidson, Inc. 2434 E Joyce Blvd. Fayetteville, AR 72701 Richard Alderman DATE: 5/11/2004 ,.f ... REF: Proposal #1 MAY 13 2004 Contract Amounts t/I) r7 WE DING: SUBMITtED FOR: AcTION TAKEN: ❑ Shop Drawings ❑ Approval ❑ Approved as Submitted ❑ Letter Your Use ❑ Approved as Noted ❑ Prints As Requested ❑ Returned After Loan ❑ Change Order Review and Comment ❑ Resubmit ❑ Plans ❑ Submit ❑ Samples SENT VIA: ❑ Returned ❑ Specifications ❑ Attached ❑ Returned for Corrections Other: ❑ Separate Cover Via: ❑ Due Date: ITEM PACKAGE SUBMITTAL DRAWING REV. ITEM NO. COPIES DATE DESCRIPTION 1 1 5/11/2004 Proposal Request Number I 5/11/2004 Estimated Draw Schedule 5/! 1/2004 Schedule of Values Remarks: Richard, Enclosed is a reviewed and accepted copy of the proposed cost reductions. Also I have included a schedule of values for the project for billing. Proposal Request111 RE-Ct 't r May 3, 2004 OAY 1 3 2004 CITY OF FAYETTEVILLE FIRE STATION #7 WITTENBERG, DELONY & DAVIDSON, INC. VEI General Contracctors ) PROJECT #03-006 PO Box 1032, Russellville, AR Cost saving are to start from the Base Bid with Alternates #1 & #2 taken. This leaves all items contained in Alternate #3 in the Work. The starting point for cost saving should be a Project Cost of: $1,418,100.00 SITEWORK and SITE ITEMS 1) Delete areas of paving for concrete parking and drives, asphalt access drives, sidewalks, earthwork and other work as indicted on attached revised site plan. Adjust $ 55,704.00 parking at front of building to increase parking spaces as indicated. Include the reduction of 500 C.Y. of the planned cut and fill amounts 2) Delete the storm water structures and piping associated with the paving changes. There will be only three $ 11,373.00 storm inlet structures in the final scheme. 3) Delete both flagpoles from the Work $ 2,446.00 4) Delete the front sidewalk an indicated on attached plan. $ 1.736.00 $ 71,259.00 BUILDING EXTERIOR ITEMS 5) Delete the 4 awning covers over the roll -up doors on the apparatus bay. Awnings are shown in detail 4/A3.7 as $2,227.00 further clarified in the Addendum. 6) Delete the Dining Area "Porch" 108. Re -work the window the south wall to be between the brick returns (drawing $ 11 553.00 provided). Delete the sloping metal roof and structure above, and footing and foundations below 7) Change the Burnished CMU masonry to a accent color of brick. Use the same allowance indicated in the $ 6,567.00 Addendum (5380.00/thousand) for the accent brick color. Retain all precast and precast sill indicated in the Addendum. Page 1 of) 8) Adjust Sizes of La' ated beams to standards and • $ 13,199.00 delete pressure treatment ($6,533.00 + 5 6,666.00 9) Change glazing to PPG - standard "Solex". E -Coating $ 3,566.00 to remain 10) Change the rear rolling glass door to a fixed window $ 3.090.00 unit to match the adjacent "F" type window with masonry and precast lower section. $ 40,202.00 BUILDING INTERIOR ITEMS 11) Change the counter tops in the Kitchen and Men's $ 5,997.00 Shower areas from solid surface to plastic laminate. 12) Delete the 4 stainless steel and glass shower doors $ 1,200.00 and provide curtain rods for Owner's shower curtain. 13) Delete the "Trophy Case" millwork from the entry $1,339.00 per elevation 1/A4.1 and clarified in the Addendum. Provide vinyl tile to back wall. 14) Delete the Stainless steel shelf and coat rack, detail $ 1,155.00 SAJA3.8 13) Deletathe-: aseo sen.ing courue it he Servi, o tA,y 194, shswn-on detaiJ.a/.*1.1.► ��+:" 16) Delete the 36" deep wall cabinets and gyp.brd. $ 1,174.00 furr down over the refrigerators shown on detail 8/A4.1 17) Delete Window Blinds $ 8,138.00 18) Delete the interior hollow metal window frame ")" $1,304.00 and wood door between Living Area 107 and Office 102. $ 20,307.00 MEP ITEMS 19) Change the Generator to 30K from 80K $ 3,454.00 20) Delete the 2 — P1 exterior parking lot lights related $ 2,194.00 to the exterior deleted from the west side of the Work. 21) Delete the 4 — R2 flagpole light fixtures $ 1,486.00 Page 2 of3 22). Delete the conner i of the 4" roof drain piping to the site storm dr n(deleted above. Run 15 feet from building and daylight with concrete headwall. $ 480.00 23) Delete the floor drain at the rear rolling door $ 1,693.00 changed to a window above (west side app. bay). . 24) Delete the EPB-1 requirements at the rear rolling door changed to a window above (west side app. bay). 25) Delete the final fixtures and connections in Alternate #1 for under counter lights 83 in 5tudy104 and all under counter lights B2 at millwork in shift commanders and sleeping berths. $ 80.00 $ 295.00 26) Provide Elkay fixture with manual flush $ 995.00 27) Change cast iron drain pipe below slabs to PVC. Cast iron $1 .820.00 to remain in all ceiling cavities $ 12,497 Total Cost Reductions $ 144,265.00 Contract Recap Bid Contras, Price (inc uding Alternate #3) $ 1,418,000.00 Add back Plyo-vent System for Bays 2 &3 $ 27,065.00 Less Proposed Cost Reductions $ 144,265.00 VEI General Contractors PO Box 1032, Russellville, AR Final Contract Price $ 1,300,800.00 Page 3 of 3 . WITIENBERG,DELONY&DAVIDSON ITECTS 2434 E. Joyce BHd., Ste. 10 FAYEREWLIL. AR 72703 479/442-666; 479/251-O23! FAX TO: VEI General Contractors DATE: April 14, 2004 PROJECT NUMBER: 03-006 202 East 39`" Street Russellville, AR 72802 ATTENTION: Mr. John Van Horn RE: Fayetteville Fire Station No. 7 WE ARE SENDING YOU: ❑ SHOP DRAWINGS ❑ COPY OF LETTER ❑ SPECIFICATIONS ❑ PLANS ❑ PRINTS ❑ SAMPLES ❑ FLOPPY DISK ❑ CHANGE ORDER ❑ FedEx O/N ® ATTACHED ❑ UNDER SEPARATE COVER VIA: COPIES DATE NO. DESCRIPTION 1 4/7/04 Revision Dwgs: C1.2, C1.3, C1.4, A0.1, A1.1, A2.1, A3.1, A3.8, A4.1, A5.1, AS.2 1 4/7/04 Proposal Request No. 1w/attachments as listed (revised 4-14- 2004) 1 Pre -Construction Meeting Notes PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED. THESE ARE TRANSMITTED (AS CHECKED BELOW) ❑ FOR APPROVAL O AS REQUESTED ❑ REVIEWED FOR GENERAL COMPLIANCE ❑ RESUBMIT_ COPIES FOR APPROVAL 0 FOR YOUR USE O FOR REVIEW AND COMMENT ❑ REVIEWED FOR NOTED COMMENTS ❑ SUBMIT _COPIES FOR DISTRIBUTION ❑ FOR YOUR INFORMATION O RETURNED FOR CORRECTIONS ❑ RETURN _CORRECTED PRINTS REMARKS: John: We have gone through your comments and tried to make the last changes for the pricing of Proposal Request #1. I am only sending one set so that you can review. If you think we are ready I can send you more for your field drawing sets. COPY TO: PR file BY: - Richard Alderman, AIA VVII ItNbtflU, UtLUNY & I) VIUSUN, INC. PROPOSAL REQUEST Northwest Arkansas Office 2434 East Joyce St., Suite 10 Fayetteville, AR 72703 Tel: 479-442-6681 Fax: 479-251-0231 PROJECT: PROPOSAL REQUEST NO: 01 (revised 4-14-2004) CITY OF FAYETTEVILLE, FIRE STATION #7 RUPPLE ROAD FAYETTEVILLE, ARKANSAS DATE: 04-05-04 OWNER: CITY OF FAYETTEVILLE PROJECT NO: WD&D Job # 03-006 FAYETTEVILLE, ARKANSAS TO: CONTRACT FOR: GENERAL CONSTRUCTION VEI General Contractors 202 East 39`" Street Russellville, AR 72802 Ph# (479) 968-5060 Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. Quotation must be received by the Architect within fourteen calendar days from date of the Proposal Request. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. DESCRIPTION: Provide cost reduction saving to the project based on the revised drawing and descriptions attached. All work described in Deductive Alternate #3 is to be put back into the project based on this Proposal Request including the 3`d Bay and other work. Provide the Smoke removal system for Bays 2 & 3 as part of the work. Attachments: Written listing of Cost Savings —3 pages Written listing of Mechanical & Electrical Cost Savings —2 pages X-1 drawing; Revisions to Drawing P2.1 Revision Drawings; C1.2, C1.3, C1.4, A0.1, A1.1, A2.1, A3.1, A3.8, A4.1, A5.1,A5.2 WITTENBERG, DELONY & DAVIDSON, INC. By: •OST REDUCTION PRICt CITY OF FAYETTEVILLE 3-02-2004 FIRE STATION #7 (Revised 3-30-2004) WITTENBERG, DELONY & DAVIDSON, INC. (Revised 4-05-04) PROJECT #03-006 (Revised 4-14-2003) Cost saving are to start from the Base Bid with Alternates #1 & #2 taken. This leaves all items contained in Alternate #3 in the Work. The starting point for cost saving should be a Project Cost of: $1,418,100.00 SITEWORK and SITE ITEMS 1) Delete areas of paving for concrete parking and drives, asphalt access drives, sidewalks, earthwork and other work as indicted on attached revised site plan. Adjust parking at front of building to increase parking spaces as indicated. Include the reduction of 500 C.Y. of the planned cut and fill amounts 2) Delete the storm water structures and piping associated with the paving changes. There will be only three storm inlet structures in the final scheme. 3) Delete both flagpoles from the Work 4) Delete the front sidewalk an indicated on attached plan. BUILDING EXTERIOR ITEMS 5) Delete the 4 awning covers over the roll -up doors on the apparatus bay. Awnings are shown in detail 4/A3.7 as further clarified in the Addendum. 6) Delete the Dining Area "Porch" 108. Re -work the window the south wall to be between the brick returns (drawing provided). Delete the sloping metal roof and structure above, and footing and foundations below 7) Change the Burnished CMU masonry to a accent color of brick. Use the same allowance indicated in the Addendum ($380.00/thousand) for the accent brick color. Retain all precast and precast sill indicated in the Addendum. Cost Reduction Pricing Page 1 of 3 8) .Adjust Sizes of Lamin. beams to standards and delete pressure treatment ($6,533.00 + $ 6,666.00 9) Change glazing to PPG — standard "Solex". E -Coating to remain 10) Change the rear rolling glass door to a fixed window unit to match the adjacent "F" type window with masonry and precast lower section. BUILDING INTERIOR ITEMS 11) Change the counter tops in the Kitchen and Men's Shower areas from solid surface to plastic laminate. 12) Delete the 4 stainless steel and glass shower doors and provide curtain rods for Owner's shower curtain. 13) Delete the "Trophy Case" millwork from the entry per elevation 1/A4.1 and clarified in the Addendum. Provide vinyl tile to back wall. 14) Delete the Stainless steel shelf and coat rack, detail 5A/A3.8 15) Delete the 24" deep serving counter in the Serving 109, shown on detail 8/A4.1. 16) Delete the 36" deep wall cabinets and gyp.brd. furr down over the refrigerators shown on detail 8/A4.1 17) Delete Window Blinds 18) Delete the interior hollow metal window frame "J" and wood door between Living Area 107 and Office 102. MEP ITEMS 19) Change the Generator to 50K from 80K 20) Delete the 2 — P1 exterior parking lot lights related to the exterior deleted from the west side of the Work. 21) Delete the 4— R2 flagpole light fixtures Cost Reduction Pricing Page 2 of 3 • 22) . Delete the connectid.f the 4" roof drain piping • to the site storm drain(deleted above. Run 15 feet from building and daylight with concrete headwall. 23) Delete the floor drain at the rear rolling door changed to a window above (west side app. bay). 24) Delete the EPB-1 requirements at the rear rolling door changed to a window above (west side app. bay). 25) Delete the final fixtures and connections in Alternate #1 for under counter lights B3 in Study104 and all under counter lights B2 at millwork in shift commanders and sleeping berths. 26) Provide Elkay fixture with manual flush 27) Change cast iron drain pipe below slabs to PVC. Cast iron to remain in all ceiling cavities 28) Add the cost for Plyovent smoke removal system to Bays 2 & 3 rough -in for Bay 1. Cost Reduction Pricing Page 3 of 3 Gree0 • Anderson ENGINEERS, 2233 N. Green Aaes Rd. Fayettevi le, Arkansas 72703, Phone (479) 442-4682 / FAX: (479) 442-0413 MECHANICAL, ELECTRICAL Cost Reduction Pricing PROJECT: Fayetteville Fire Station #7 PROJ #: 3090 DATE: April 6, 2004 The following VE items and the attached drawings and schedules as referenced herein shall become a part of the contract documents dated February 9, 2004 and entitled Fayetteville Fire Station #7, Rupple Road, Fayetteville, Arkansas. DRAWINGS PLUMBING 1. REFER TO SHEET U1.1 1.1 Delete connection of the 4" roof drain piping to the site storm drain. Delete COTG-1 nearest storm drain connection. 4" roof drain piping shall fun 15 feet from building and daylight with concrete headwall. 2. REFER TO SHEET P1.1 2.1 4" roof drain piping shall fun 15 feet from building and daylight with concrete headwall. 2.2 Delete floor drain TD -1 at rear rolling door and all associated piping. 3. REFER TO SHEET P2.1 3.1 Gas supply line to porch shall come down in outside wall, elbow to the exterior, and terminate with GQD-1 on exterior of wall. Refer to attached drawing. Contractor to verify routing of gas pipe. 4. REFER TO SHEET P3.2 4.1 Refer to Piping Material Schedule: Underground sanitary sewer and vent piping inside building and outside building shall be Schedule 40 PVC pipe and fittings. 4.2 Refer to Plumbing Equipment Schedule: At HWC-1 and WC -1, replace "Provide Sloan Royal Optima Plus battery power flushvalves. Model 8111-LH-MC. Less handle, metal cover. Infrared sensor w/ override button" with "Provide Sloan Royal Flushometer. Model 111." 4.3 Refer to Plumbing Equipment Schedule: At HUR-1 and UR-1, replace "Provide Sloan Royal Optima Plus battery power flushvalves. Model 8186-1.0-LH-MC. Less handle, metal cover. Infrared sensor" with "Provide Sloan Royal Flushometer, Model 186-1." TO ?S ETPI3i,bb6Lh s; FT P097/90/h0 S ELECTRICAL 5. REFER TO SHEET U1.1 5.1 Delete two (2) P1 exterior parking lot lights on west side of property connected to circuit Al -1. Delete all associated wiring and circuit breaker fuse switches. 5.2 Delete four (4) R2 flagpole light fixtures connected to circuit Al -5. Delete all associated wiring and circuit breaker fuse switches. 6. REFER TO SHEET E1.1 6.1 Remove disconnect 1 BS2 at rear rolling door connected to circuit EA - 14. Delete all associated wiring and circuit breaker fuse switches. 6.2 Delete EPB-1 and all associated wiring at rear rolling door. 7. REFER TO SHEET E2.1 7.1 Delete type B3 under counter lights in Study 104 and all associated wiring and switches. 7.2 Delete type C4 can lights in entry 101 and all associated wiring and switches. 7.3 Delete type X1 exit light and all associated wiring from Dining Porch 108. 7.4 Delete type B2 under counter lights in Sleeping Berths 204, Shift Commander 208, and Shift Commander 209. Delete all associated wiring and switches. 8. REFER TO SHEET E3.1 8.1 Refer to Detail C, Normal Overhead Door Controls Detail: Delete overhead door control panel 1 B. 8.2 Refer to Detail D, Electrical Riser Diagram: Emergency Generator feeder to be 175A — 2"C, 4#2/0, 1#6 GND; Replace 225A/3P circuit breaker at emergency generator with 175A/3P circuit breaker. 8.3 Refer to Emergency Generator Schedule: EG-1 shall be equal to Generac SG -50; 120/208V, 3Ph, 4W, 60 Hz; 50 KW rating. 9. REFER TO SHEET E3.4 9.1 Refer to Panelboard MDP: Replace 225A/3P circuit breaker to Panel EA with 175A/3P circuit breaker. 9.2 Refer to Panelboard EA: Change all spare circuit breaker loads from 2kVA to 1 kVA. ,UY6VE.APR6 W Coo 2 a) _br= Nc ::3hETh+_.hhELb s; FT. hn'JZ./9J/rO I I _ _ 2" AS LINE F I I (11 PSIG) TO I ii REGI JLATOR. I I I I REFER TO U1.1 ��p I I I I FOR CONT. f ro; I I NOTE: REFER TO ELECTRICAL SERVING PLANS FOR DETAILED.----------...- --UI -- INFORMATION FOR 1081 1 1/4" AUTOMATIC GAS rGAS SHUTOFF. I rl9.i - / I �g J�A ANTRY\i F. :1) `, I KITCHE9110DOWN INWALII2 tidy ❑ GOD-1ri __.. .._... yy. '8§i6NGAREA NOTE: 107 GAS AND WATER p' LINES ARE IN •w -.-- _ CEILING OF FIRST- _. FLOOR:::UNLESS OTHERWISE NOTED. I I LIVING AREA ILIGRAG 106 - -. J STUDY, FIRST_ FLOOR PLUMBING co JCd Nc e:E71cC Nn� Es €1 p179/9t3/pia FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPOND To: Coy Hurd, Building Services Director From: Sondra Smith, City Clerk Date: July 8, 2004 Attached is a copy of Change Order Number I with VEI General Contractors regarding Fire Station # 7. The original contact will be microfilmed and filed in the City Clerk's office. I have also enclosed two original signed copies of the contact for your records. Have a great day! cc: Nancy Smith, Internal Auditor Client#: 4505 VJCCONT ACORDT, CERTIFI E OF LIABILITY INS NCE DATE(MMM//DDIYYYY) PRODUCER •THIS HRH of Oklahoma One Leadership Square CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 211 North Robinson, Suite 1100 Oklahoma City, OK 73102-7105 perflVED INSURERS AFFORDING COVERAGE NAIC # INSURED VJC-Contracting; Inc. SEP 07 P.O. Box 271558 I Oklahoma City, OK 731 ACCTG. 2004 DEPT INSURER A: Employers Mutual Casualty Company 21415 INSURER B: EMCASCO Insurance Company 21407 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY E DEFFECTIVE POLICY EXPIRATION D DATE(MM(DDfffl LIMITS A GENERAL LIABILITY 2D8167005 09/03/04 09/03/05 EACH OCCURRENCE 51,000.000 COMMERCIAL GENERAL LIABILITY 2NB167005 09/03/04 09/03/05 X DAMAGE TO RENTED $100.000 CLAIMS MADE I xlOCCUR MED EXP (Any one person) $5Q00 X PERSONAL $ ADV INJURY $1,000,000 PD Ded:500 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 X POLICY X PRO- LOC A AUTOMOBILE LIABILITY ANYAUTO 2E8167005 09/03/04 09/03/05 COMBINED SINGLE LIMIT (Eaaccident) - $1,000,000 X BODILY INJURY _ (Perperson) $ -. -- ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS - ' "' NON -OWNED AUTOS - - :I. -- _ _ BODILY INJURY -_.- (Per accident) $ - -- X PROPERTY DAMAGE (Per accident) $_ - - .--_. GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESSAIMBRELLA LIABILITY 2J8167005 09/03/04 09/03/05 EACH OCCURRENCE $5000,000 OCCUR CLAIMS MADE AGGREGATE $51000 000 $ DEDUCTIBLE X $ RETENTION $ 10000 WORKERS COMPENSATION AND I WC STATU- TORY OTH- EMPLOYERSLIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE 8 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ B OTHER Contractor's 2CB167005 09/03/04 09/03/05 Leased/Rented Equipment Equipment $50,000 Limit $500 Deductible DESCRIPTION OF OPERATIONS (LOCATIONS (VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS The General Liability Policy includes a Blanket Additional Insured Endorsement. Waiver of Subrogation applies. RIVED SEP 16 2004 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Am LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1fL DAYS WRITTEN 'E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR AUTHORIZED REPRESENTATIVE 25(2001/08)1 of 2 #S83690/M83689 �/ " LKG O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. MI Vmu £30 tcuulluo/ 2 Of 2 #S83690/M83689 • • STAFF REVIEW FORM - FINANCIAL OBLIGATION X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW 'U For the Fayetteville City Council Meeting of: March 2004 FROM: Chris Bosch, Fire Chief Fire Administration Fire Name Division Department ACTION REQUIRED: Approval of a Resolution awarding the construction contract between the City of Fayetteville and VEI General Contractors, Inc. to build the west Fayetteville Fire Station on Rupple Road in the amount of $1,340,100.00 with a contingency of $38,000.00 and approval of a Budget Adjustment of $274,637.00. COST TO CITY: $1,378,100.00 Cost of this request $ 1,337,280.00 Category/Project Budget 4470.9470.5804.00 $ Account Number 01015 Project Number Fire Improvements Program Category / Project Name 231,200.00 Fire Station 7 Funds Used to Date $ 1,106,080.00 Remaining Balance BUDGET REVIEW: X Budgeted Item Budget Manager Date CONTRACT'//GRANT/LEEAS�EREVIEW: Accounting Manager W City Attorney STAFF RECOMMENDATION: R, Program / Project Category Name Sales Tax Capital Fund Name K Budget Adjustment Attached Iner 3J,oate Date Internaal nAu. for Date v L 3Iio/a4 Dat Purchasing Manager Date Division Head Date .5/o Y Department Director Date 3 -//- Finance & Internal Services Dir. Date 3., Date 4* bate Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: 3l// o Date// New Item: Yes No e Staff Review Form - Page 2 Description Fire Station 7 Construction Contract Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Meeting Date March 2, 2004 Reference Comments: 0 City Cocil Meeting of March 2, 2004 CITY COUNCIL AGENDA MEMO To: Mayor and City Council From: Chris Bosch, Fire Chief Date: February 27, 2004 Subject: Approval of a Resolution approving a construction contract with VEI General Contractors, Inc. to build the west Fayetteville Fire Station on Rupple Road in the amount of $1,340,000.00 with a contingency of $38,000 and a Budget Adjustment of $274,637.00 RECOMMENDATION Staff recommends approval of this resolution, which will enable us award the contract for construction of Fire Station 7 in the amount of $1,340,100.00 with a contingency of $38,000 and a budget adjustment of $274,637.00. BACKGROUND As you know, over the past year the Fire Department has worked diligently to identify and purchase a parcel of property on the west side of 1-540 for the construction of Fire Station 7. The Fire Department identified the need for this facility several years ago and began budgeting for this project through the annual CIP Budgeting process. With the accelerated level of residential and commercial growth currently underway on the west side of the community, it is imperative construction of this facility begin as soon as possible. Fire Station 7 will assist the Department in reducing the overall response time across the City and will help the organization to enhance the level of service currently provided throughout the community. The Fire Department, with the assistance of the Building Services Division and the continued support of the Mayor, has designed a facility that allows for the immediate allocation of resources and also provides an opportunity for future growth without the need to expand the proposed building as future growth takes place. We have also worked to remain both environmentally and fiscally conscious and have taken every step possible to meet the needs created by both of these concerns. CONCLUSION In closing I believe this project will be beneficial, not only to the Fire Department but also to the Citizens overall. This project will help the community to maintain the reputation of being a "Safe Community" which is reflected in the current Guiding Principles as identified by the Mayor and Council during the 2003 Strategic Planning Session. 1 City Co cil Meeting of March 2, 2004 BUDGET IMPACT This project is budgeted through the annual Sales Tax Capital Program of the CIP Budget. The amo declared funds for this project were $1,100,000. 00 with the final bid price coming in at $1,340,100. project will require a budget adjustment of $274,637 and a contingency of $38,000. . • STA•REVIEW FORM - FINANCIAL OBLIGA•N X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: Mach 2,2004 FROM: Chris Bosch, Fire Chief Fire Administration Fire Name Division Department ACTION REQUIRED: Approval of a Resolution 'aw rding the construction contract between the City of Fayetteville and VE ) Cwwwa,�i,{ ypfor construction of Fire Station 7, located on Rupple Road south of Wedington Drive. COST TO CITY: �- Cos of th s request 4470.9470.5804.00 Account Number 01015 Project Number BUDGET REVIEW: $ 1,337,280.00 Category/Project Budget $ 231,200.00 Funds Used to Date Fire Improvements Program Category / Project Name Fire Station 7 Program / Project Category Name $ 1,106,080.00 Sales Tax Capital Remaining Balance Fund Name X Budgeted Item Budget Adjustment Attached Budget Manager Date CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date Internal Auditor Date City Attorney Date Purchasing Manager Date STAFF RECOMMENDATION: R Received in Mayor's Office Division Head / Date Date C//�� zfLf. Cross Reference: Department Director Date Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: Orig. Contract Number: Chief Administrative Officer Date New Item: Yes No RESOLUTION NO. A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH VEI GENERAL CONTRACTORS, INC. TO BUILD THE WEST FAYETTEVILLE FIRE STATION ON RUPPLE ROAD IN THE AMOUNT OF $1,340,100.00 WITH A CONTINGENCY OF $38,000.00 AND APPROVAL OF A BUDGET ADJUSTMENT OF $274,637.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves VEI General Contractors, Inc. as the low bidder for the West Fayetteville Fire Station (#7) after removing the deductible portions of the contract resulting in the low bid of $1,340,100.00 with a contingency of $38,000.00 and approves a construction contract in that amount with VEI General Contractors, Inc. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $274,637.00 for this project. PASSED and APPROVED this the 16`h day of March, 2004. APPROVED: By: _R��� DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk From the Desk of the Fire Chief Memo To: Mayor Coody & City Council From: Chris Bosch, Fire Chief CC: Hugh Earnest, Chief Admin. Officer Coy Hurd, Building Services Manager Date: February 27, 2004 Re: Fire Station 7 Bids As you know, at 3:00 p.m. on February 26, 2004 the bids for the Fire Station 7 project were opened. Each of these bids came in above the original estimated budget stated in our declaration of project funds. As per the City of Fayetteville public bidding guidelines, and in order to avoid the need to rebid the project, we elected to take all three deductive alternates in an effort to ensure a pricing structure within the 25% range of our original funds declaration. After taking these alternates, we found that the three lowest bids were within the 25% ceiling and were within a 1.3% range of each other. Currently, we are working with the Architect to identify any additional price reductions within the project so we can award the bid under the current guidelines for the City of Fayetteville: We also feel very optimistic about our ability to ensure the best project possible through this process. At this time I would like to request that the City Council table the current Agenda Item regarding the approval of the Fire Station 7 Construction Contract until the March 16, 2004 City Council meeting. Tabling this item will give us time to finalize the agreement and ensure the best agreement possible. If you have any questions regarding this agreement, I will be happy to provide you with an update at your convenience. Again, thank you for your patience regarding this matter. Respectfully submitted. C C) m 11 T_ 0 0 z O w m G r a r 'o r r o n r m n m = o c Fi A R i R A A a A R Y 8 j 8 m Q m Q Q q O n O m Y 6 `� n N m m O N v a a m go m m c m m as j 0) z n m0 Z O NN4 N a N ➢ m a O > > L > 4 a Y m P i 7 O P g 0 a p nm nv X X X X X X 00 0 2 00 x x x x x x 0v dv 0 N N M_ a to NO C N i J ( m d N qq m m H N a 00 $roQ S Q u m N N w N w N '' N N N N N N pm i D m a u m $ G R c u w A N N M N u w N N N N w w YD mQ O 0 N q N 0 W a 00 N w m Q S 8 m 8 a g m a A 8 25 45 § o a n E ?q m to w a N w w e0 D r a w -a w NP N a _ w OI _ a m to O W N N W w a Y+ n i m O a a 4 O A o V Q N w m Q (1N 0 m m Q a Q W N a V y 9 k m N Q N wo N R Z Q Q Q Q J1 Q 3' A s n N V N a W� Q a U N O O A =�n c M V N J N m N J j N Q O N N m yq�«}_ O 3 m Ti) 2m 0 au 0 00 8, a i�E ➢n >,�>> an m o ^ n n m 9 n n m V i D� ° a=' ➢5' a�� c3 m o i m 0= 0= 00O a 6 a a o D D ➢ D D D n n 0 00 n m m m m o m ry m n m ry C0 mA_ a q 5R n o n Y n T T T O f T T C � mo a y No a m• Y o V1a N m o - E w E j F .. 2 6 F O E 0 O N j w5 j N (1 9 N N P P aS P P n n T flp T T m E E E I, a F C0 S i > > r2 O O go 0 z O 9C N N a N N m F a 2 In ti z 0 P In m m 0 m 2 fr 03/08/2004 14:35 479251 WDD . PAGE 02 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Eiohth day of March in the year of Two Thous7nd_Eoux (In »orris iadirone day, momh and yrary BETWEEN the Qw'ner the City of Fayetteville: (Nswc oddrur end other mtwmthon) CITY OF FAYE TEYILLE 113 WEST MOUNTAIN FAYETTE V I LLE,_ARKANSAS Contact: Mr. Coy Hurd Ph: (479) 575-8361 Fx: (479) 575-8223 and the Contractor. (A'ame. addmraod otherinlomution) V.F.I GENERALCONTRACTORS 202 EAST 39TH STREET RUSSLEVILLE. ARKANSAS 72802 Cogpt: 4phn Van Horn Ph: (479) 968-5060 Fx: (479)968-4573 The Project is: (A'ameant tocaUoo) NEW FA E EM) I F FIRE GIATION NO. 7 635 NORTH RUPPLE ROAD FAYETTEVILLE ARKANSAS The Architect is: (Name addren and othninlormarion) WI ii DELONY & DAVIDSON. INC 243.€EAStJQILQEBWLEYARDSUIT 10 FAYETTEVILLE.ARKANSAS 72703 Con act: Richaa&Aldetrnan_AlAIP_rincival Ph: (479) 442-6681 Fx: (4791 251-0231 Th�e< The City of Fayetteville and Contractor agree as follows.ti ' ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the panics hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article & THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION MTN AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT 0101. NA DocumentA201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference Do not use with other general conditions unless this documenr is rnodificd. This document has been approved and endorsed by The Asocial ed General Contractors of Amarka. ARTICLE 2 THE WORK OF THIS CONTRACT 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution- This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a101,aia — 378/2004. AIA license Number 1010610. which expires on 7/3012004. 1 R �♦ .:fM1 Nei 6I97 AIM! AIA DOCUMENT A1OI-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 03/@8/2004 14:35 4792511 WDD 0 PAGE @3 The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by •cam cr the City of Fayetteville. (Insert the date ofcnmmerxrment Jilt differs born the date of this Agreeweal or, ifappliaWc, state that the date wig be Cbxd in a noose m proeeed) THIS DOCUMENT HAS IMPORTANT LEGAL. CONSEQUENCES. CONSULTATION WITH AN If, prior to the commencement of the Work, theOwner the City of Favett§!jllrequires ATTORNEY IS ENCOURAGED WITH time to tile mortgages, mechanic's hens and other security interests, the O incr'3 the City of RESPECT TO ITS COMPLETION OR Fayetteville's time requirement shall be as follows: MODIFICATION. AllTHENIICA HON OFTH75 ELECTRONICALLY DRAFTED NA DOCUMENT MAY BE MADE SY USINGAIA ortENrarDl. 3.2 The Contract Time shall be measured from the date of commencement. DOC NA Document A20r-1997, General 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later cong6rions of the corin-act for than 300 (three hundreM days &om the date oFcommencercent, or as Follows: Construcrion is adopted in this document (lnsat number of mlendar days ARavat 1dy, a calendar date pray d' used ,then romd)nated with the date of by refinenca Do not use with other commrntrment Ithica stated efxwhac in the Comma Docaments insert any tryuircmenm for earlier Suhoantial general condtions unless this document is Completion ofre ta/n portions afthe War*) modified From date of issuance by the City of Fayetteville of a "Notice to Proceed" including all days. holidays and other calendar days. Thisdocumenrhas been approved and endorsed by The Associated General subject to adjustments of this Contract Time as provided in the Contract Documents. Contractors of America. (hurt provisions ifanyy, for4zddated dweges rdathw to failure to complete on filar or forbonw payment, forearly' comphtlon afthe Wars ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Three Hundred Fatly Thousand. One Hundred and No 100 Dollars (s 1.340.100.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner the City of Fayetteville: (State the number or utheridcuti6ndion ofaecepted ahanates Ifdedsionr on othcaftnate., are to be mode by the City of Fayareville .nrbsegrrepl to the execution of this 4 zremenf, attach t sthedede ofsuch other themstes lhowirtg the amount for atth and the date when that amount cApiter) "doe I. y: q 4.3 Unit prices, if any, are as follows: $,509Sy_Unde.Lattunsu table materials $ LS.tQ cy select fill and placement 4. ,. SQ ARTICLE 5 PAYMENTS ola97 Aue 5.1 PROGRESS PAYMENTS AIA DOCUMENT A101-1997 5.1.1 Based upon Applications fot Payment submitted to the Architect by the Contractor OWNER -CONTRACTOR AGREEMENT and Certificates for Payment issued by the Architect, thet+vnes-the City of Fayetteville The American Institute of Architects shall make progress payments on account of the Contract Sum to the Contractor as provided 1735 New York Avenue, N.W. below and elsewhere in the Contract Documents. Washington, O.C. 20006-5292 UserComment: Fayettevle Fire Station No.71a #03 1925, 1937, 1951I 1956, 1961, 1963, 1967, 1974. 1977. 1907, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the dare of expiration as noted below, expiration as noted below. User Document: 97a101.aia — 3IB/2004. AIA Ucense Number 1010SIQ which expires on 7/3012004. 03/08/2004 14:35 4792511 WDD 5.1.2 The period covered by each Application for Payment shall he one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the An hitect not later than the 251I1day of a month, t -he -Owns* the City of Fayetteville shall make payment to the Contractor not later than the 30th day of the rollowinp month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the-Owncr the Cittot Eaveiteyille not later than 32 days after the Architect re€eives processes and sends to the Cfitiof_Ealttaevillethe Application for Payment. 5.1.4 Each Application for Payment shall he based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractors Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end ofthe he period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 1Q%). Pending final rm deteination of cost to theme the City of FayttFJ/D1D of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2ot-t997. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the-Ch'mcr tie City qL Fayetteville. suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%); Storage of materials in a Sub -Contractors. Vendors or others company warehouse is not sufficient to be a claim for slpin$terials and will not be made part of any Payment Application. PAGE 04 TMS DOCUMENT HAS IMPORTANT LEGAI. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPtU77ON OR MODIFICATION. AUTHENTICATION OFF THIS ELECTROMCALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. ALA Document A2014997, General Conditions of the Contract for Construct on, is adopted in rile document by reference. Do not use with other general conditioM unless this dneument Is modified. This document has been approved and endorsed by The Ass idated General Contractors of America. .3 Subtract the aggregate of previous payments made by the 4Owncr the City of x yE₹ Fayetteville: and I e .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2or-x997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.t.6 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount o(the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retai rage applicable to such work and unsettled claims; and /Subpergsrapb Seas of ArA 7Jnnrment Aaotdyyv rrgoires mlaso of eppboble rrtafnnge upon Snhcamial Compk ion of Work with masent olsmety, ifany.) User Comment: Fayettev' a Fire Station No.liob #O3-oDS 0 1915, 1918, 96S. 1967, 1974, 1977, 1967, 0 1997 by The American institute of Architects. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution_ This document was electronically produced with permission of the AIA and can be reproduced In accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97alolala -• 3/8/2004. AIA License Number 1010010, which expires on 7/3012004. 01997 AIAG AIA DOCUMENT A1O1-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 03/08/2004 14:35 4792511 WDD 0 PAGE 05 .2 Add, if final completion of the Work is thereafter materially delayed through no bull of the Contractor, any additional amounts payable in accordance with Subparagraph 9a0.3 of AIA Document Azo1-1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (rift it intended prior to SubnauriafComplltion of the entim Work to reduce or/Sit the tefainageit. uh/ng from the p..L. ngetiamred in CM,vesyr.ar andN.az shore, aad this is not es7daimd dyc,.Sath the Coninrt focumentc in bore pro h..don. lee sur4 + dlurion orlim talon.) �.-1.i 1.?�• 11 7 •• • t t•• • 1 •1 • 5.1.9 Except with the m.:ner'Ds4.e City of Favetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stoma at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by City of Fayettevifle to the Contactor when: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDA(A DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-7997, General Conditions of the Contract far Construction, is adopted in this document by reference, born? use with other general conditions uriess this document Is codified. 1 the Contractor has fully performed the Contract except for the Contractor's This document has been approved end responsibility to correct Work as provided in Subparagraph 1212 of AlA Document endorsedbyThe Associated General Azol-1997, and to satisfy other requirements, if any, which extend beyond final Contractors of America. payment; and .2 a final Certificate for Payment has been issued by the Architect. .3 The Contractor has completed all oroiect "dose -our requirements asslat 5.2.2 The-Q%iws -the City of Fayetteville's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: Ant btheipJIje CQntractoccompletes the Deficiency Work and obtains aooroval of such from the City of Fayetteville EWk �• - r tr - . Il'1 art IM, JivI 1 r l 1 •: 11'1 ARTICLE 6 TERMINATION OR SUSPENSION 01991 A1xa 6.1 The Contract may be terminated by Nte Pwner the City of FayeflgyjJe or the AIA DOCUMENT A1O1-1997 Contractor as provided in Article 14 of ALA Document A2oi-i997. OWNER -CONTRACTOR AGREEMENT 6.2 The Work may be suspended by the C nee the C' of Fa etteville asprovided in The American Instituted Architects p �y y 1735 New York Avenue, N.W. Article 14 of AIA Document A2o1-1997. Washington, D.C. 20006-9292 ARTICLE 7 MISCELLANEOUS PROVISIONS User Comment: ayettev a F rte Station No.71 #03-006 ® 195, 1918, 1925, b , 965, 197, 1974, 1977, 1987, O 1997 by the American Institute of Architects. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can he reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97a101.ala — 318(2004. AIA License Number 1010810, which expires on 7/3012004. @3/08/2004 14:35 4792511 WDD 0 PAGE 06 7.1 Where reference is made in this Agreement to a provision of AlA Document Azot- 1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (taint are ofintaesr Word upon. heap) None, City of Fayetteville can not pay interest Wury lowt sndrequfCmm{t under the FMen/7Mth in Lenditig Ac{ ,tintisrs/ste nra foal consume, credit /ews end other reguletioor et thel .o..ra the City of FayetfeylIIe's and Caaaador's prindpaf pleas ofbustims4 the /oation of the Proied wt fly may alert the validly olt!/is provision. LcpJ.idvim should be obu/ned with regart to ddettons ormorEf"doas end+Lw regarding m7uimmenls suds as wr$ten dirdonnrs or aaiserx) 7.3 Thccancr''The City of Fayetteyille's representative is: (Name, addttss aad otherinformation) Pr. Cov Hub City of Fayetteville Building Services 113 West Mountain Fayft&sdlte.ArtcaJ,sas12701. Ph: (479) 575-8361 Fx: (479) 575-8223 7.4 The C.ontractor's representative is: (Name, add/en and other iafunnwrioa) Mr. John Van Horn VEI General Contractors 202 East 39th Street/ P.O. Box 1032 (72811) Russelville. Arkansas 72802 Ph: (4791 9M&ARJ0 x' c4z a. AL-L5fl 75 Neither the Owner's the City of Fevetteville's nor the Contractors representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: THIS DOCWNENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY ISENCOIIRAGED WITH RESPECT To ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED NA DOCUMENT MAY BE MADE BY USING NA DOCUMENT D401. AIA Docvment A2O1-?997, General Condirions of the Contract for Construction, is adopted in this document by reference. Do nor use with other general motions wtass this document is modified This document has been approved and endorsed by The Associated General Contractors of America. .4�V T.. a' Y.. M W ix JO. , n.1�Y✓ N ni. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS offs AS 8.1 The Contract Documents, except for Modifications issued after execution of this AIA DOCUMENT A1O1-1997 Agreement, are enumerated as follows: OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement 1735 New York Avenue, N.W. Between Owner and Contractor, AIA Document A1os-1997. Washington, D.C. 20006-5292 User Comment: Fayettev' a Fire ration o- - 9 1915, 1918, 1925, 1937, 19S1, 198, 1961,1963,1967. 1974, 1977. 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States- and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97a101.aia — 318/2004. AIA License Number 1010810, which expires on 7/3012004. MAR -09-2004 TUE 01:45 PM VINC I ` FAX NO, 47° 90 6767 P. 08/13 8..2 The General Conditions are the 1997 edition of the C C tract for Construction, AIA Document Aaoi-1997. 8..3 The Supplementary and other Conditions of the Contract Plied Manual dated Febfuary 9. 2004 , and are as follows: S DoLment Title 8. 4 The Specifications are those contained in the Pro Su paragraph Si.). and arc as follows: See "Attachment A" (El ethic the SpetrBrtionshere ortr&rto ao ehihil atterhed to tbisAgreement.) Se ion Title 8. 5 The Drawings are as follows, and are dated February 1 da is shown below: See "Attachment B" (S er1n the Drawiogsbeneorteferto as exhibit attaebedlo thuAgrcrmenL) Vutnber Title 8. ¶6 The Addenda, if any, are as follows: N ber Date is of Addenda relating to bidding requirements are not part r the bidding requirements are also enumerated in this Aticle 8.47 Other documents, if any, forming part of the Contract Doci (Lif hen any additional docummu that in intended to loan parr of the Conan L proeidm that d'ddiog nquiremenU such as ad ,n&ement or in✓tiation to lrq and the Contractor's bid are not pm of the Contra Documents unless enure th4Idbclicdberro&yJtintendedto trepan ofthe Contra Document.) Conditions of the those contained in the 'Attachment A' Pages THIS DOCUMENT HAS IMPORrANr LEGAL Manual dated as in CONSEQUENCES. CONSULTATION WRHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS Pages ELECTRONICALLY DRAFTEDAIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. unless a different AIA Document A201-1997, General conditions of the contract far Construction, is adopted in this document by reference Do not use with other general conditions uNtss this document is Date nadified. Pages Contract Documents are as follows: x All Document Aaor- ons to Bidden, rmple this Agrermen[ They Agreement is entered into as of the day and year first written at+ove and is executed in at three original copies, of which one is to be delivered to thq Contractor, one to the itect for use in the administzation of the Contract, and the rerriainlier to the (Y.:neithe 1974, 1947. 1987, O 1997 by The American Institute of Architects. Reproduction} of the material herein or substanr I quotation of Its provisions without written permission of the AIA viola s hie copyright laws of the United States and will subject the violator to legal prosecvrion. WARNING: ¶Inlicensed photocopying violates IUS copyright laws and will subject the violator to legal prosewtioll. This document was electron! ally produced with permission of the AIA and can be reproduced in arjcotdance with your license without friolaflon until the date of expiration as noted below, expiration as noad below. User Document: 97a1Ol.ai — 3!8/2004. AIA license Number 1010810, which expires on 7/3d20o4. 6 This document has been approved and endorsed by The Associated Genoral Contractors of America. 01997 AIM f/IA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 200065292 Clarice Pearman - VEI Contractors Page 1 From: Clarice Pearman To: Bosch, Chris Date: 3/17/04 3:04PM Subject: VEI Contractors Please get backup and signed contract for this item passed by the City Council March 16, 2004. Thanks. From: Chris Bosch To: Pearman, Clarice Date: 3/18/04 7:09AM Subject: Re: VEI Contractors Clarice, Thanks for reminding me of the need for the original documentation to be attached to the Council Resolution. At this time the Mayor has the original contract. He and I are going to meet regarding the document over the next few days and we will get the originals to you, hopefully, by early next week. Thanks again for the reminder. Sincerely, Chris Chris Bosch, Fire Chief Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 (479) 575-8365 (479) 575-0471 fax >>> Clarice Pearman 03/17/04 03:04PM >>> Please get backup and signed contract for this item passed by the City Council March 16, 2004. Thanks 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Eighth day of March in the year of Two Thousand Four THIS DOCUMENT HAS IMPORTANT LEGAL (in i,ards, indicate day, month and,rew) CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH BETWEEN the Owner the City of Fayetteville: RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS (,v'eme, address and othermformation) - ELECTRONICALLY DRAFTED AIA CITY OF FAYETTEVILLE DOCUMENT MAY BE MADE BY USING AIA 113 WEST MOUNTAIN DOCUMENTD401. FAYETTEVILLE. ARKANSAS Contact: Mr. Coy Hurd AA Document A201 -I991, General Ph: (479) 575-8361 Fx: (479) 575-8223 Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other and the Contractor general conditions unless this document is (name, address and other information) modified. V.E.I GENERALCONTRACTORS 202 EAST 39TH STREET This document has been approved and RUSSLEVILLE. ARKANSAS 72802 endorsed by The Associated General Contact: John Van Horn Contractors of America. Ph: (479) 968-5060 Fx: (479) 968-4573 The Project is: (Saint and /option) NEW FAYETTEVILLE FIRE STATION NO. 7 635 NORTH RUPPLE ROAD FAYETTEVILLE, ARKANSAS The Architect is: (' nne, address and other information) WITTENBERG, DELONY & DAVIDSON. INC 2434 EAST JOYCE BOULEVARD. SUITE 10 FAYETTEVILLE, ARKANSAS 72703 Contact: Richard Alderman, AIA/Principal Ph: (479) 442-6681 Fx: (479) 251-0231 Ther The City of Fayetteville and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications O1997 AIA® issued after execution of this Agreement; these form the Contract, and are as fully a part of AIA DOCUMENT AIOI-1997 the Contract as if attached to this Agreement or repeated herein. The Contract represents the OWNER -CONTRACTOR AGREEMENT entire and integrated agreement between the parties hereto and supersedes prior negotiations, The American Institute of Architects representations or agreements, either written or oral. An enumeration of the Contract 1735 New York Avenue, N.W. Documents, other than Modifications, appears in Article 8. Washington, D.C. 20006-5292 ARTICLE 2 THE WORK OF THIS CONTRACT User Comment: Fayettev'le Fire Station No.7Jo #03-006 Q 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974. 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the dare of expiration as noted below. expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/3O/2004. The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner the City of Fayetteville. (Insert the date of commencement if it ill/Tens from the date of this Agreement or, if applicable, state that the date will be fixedin a notice to proceed) THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN If, prior to the commencement of the Work, t -he Owner the City of Fayetteville requires ATTORNEY IS ENCOURAGED WITH time to file mortgages, mechanic's liens and other security interests, il, Owner's the City of RESPECT TO ITS COMPLETION OR Fayetteville's time requirement shall be as follows: MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 3.2 The Contract Time shall be measured from the date of commencement. DOCUMENT D4o1. ALA Document A2O1-1997, General 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later Conditions of the Contract for than 300 (three hundred) days from the date of commencement, or as follows: Construction, is adopted in this document (Insert number of calendar days. Alternative/v. a calendar date may be used when coordinated with the date of by reference. Do not use with other commencement. Unless stated elsewhere in the Contract Documents insert any requirements for earlier Substantial general conditions unless this document is Completion ofcertain portions of the Work) I modified. From date of issuance by the City of Fayetteville of a "Notice to Proceed" including all days, holidays and other calendar days. This document has been approved and endorsed by The Associated General subject to adjustments of this Contract Time as provided in the Contract Documents. Contractors of America. (Insert provisions, ifany, for liquidated damages relating to /idure to complete on time or for bonus payments for early completion ofthe Work.) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Three Hundred Forty Thousand, One Hundred and No 100 Dollars (s 1.340.100.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the ON CHer the City of Fayetteville: (State the numbers or other identification ofaccepted alternates If decisions on other alternates are to be made by the City ofpq,eueviie subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices, if any, are as follows: $ 5.00 cy undercut unsuitable materials 7.00 cy select fill and placement st#is ARTICLE 5 PAYMENTS 01997 Air® 5.1 PROGRESS PAYMENTS AIA DOCUMENT A1O1-1997 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor OWNER -CONTRACTOR AGREEMENT and Certificates for Payment issued by the Architect, the Owxer-the City of Fayetteville The American Institute of Architects shall make progress payments on account of the Contract Sum to the Contractor as provided 1735 New York Avenue, N.W. below and elsewhere in the Contract Documents. Washington, D.C. 20006-5292 User Comment: Fayettev' a Fire Station No.7Job #03-006 C 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987. 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 713012004. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25thday of a month, theOsvner the City of Fayetteville shall make payment to the Contractor not later than the 30th day of the Following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the $veer the City of Fayetteville not later than 30 days after the Architect receives processes and sends to the City of Fayetteville the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10 %). Pending final determination of cost to the Q, nee the City of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2o1-1997. Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by theO.vncr the City of Fayetteville, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10%); Storage of materials in a Sub -Contractors Vendors or others company warehouse is not sufficient to be a claim for stored materials and will not be made part of any Payment Application THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. .3 Subtract the aggregate of previous payments made by the Ozer the City of Fayetteville: and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2o1-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: 01997 AJAS AIA DOCUMENT A1O1-1997 l Add, upon Substantial Completion of the Work, a sum sufficient to increase the total OWNER -CONTRACTOR AGREEMENT payments to the full amount of the Contract Sum, less such amounts as the Architect The American Institute of Architects shall detennine for incomplete Work, retainage applicable to such work and 1735 New York Avenue, N.W. unsettled claims; and Washington. D.C. 20006-5292 '(Subparagrapb -9$5 of AIA Document Aloe -7997 requires re/rrse of appbcab/e rrrainage upon Subslanlie/ Completion of I✓ork with consent ofnu'ety, ifane7 User Comment: FayettevIe Fire Station No.7Job #03-006 0 1915, 1918, 192 , 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987. 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97a101.aia --3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AlA Document Azo1-1997- 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: Wit is intended, prior to Substantial Completion of he entire Work, to reduce or/Awl! the retainage resulting from the percentages inserted in Clauses 5.1.61 andp.s. oh i abo ve, and dins is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Any Reduction in retainage amount, as provided by State Law or otherwise, will only be made if the City of Fayetteville is in agreement that the Work has progress with satisfactory (to the City of Fayetteville) workmanship and proper progress in execution of the Work has been attained. Written consent of Surety to reduction in Retainage must be provided by the Contractor. 5.1.9 Except with the Owncr2 the City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been deliveredand t d t th 't e e a sore a e sl e. AIA Document A201-1997, General Conditions of the Contract for 5.2 FINAL PAYMENT Construction, is adopted in this document 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be by reference. Do not use with other made by , generalR the City of Fayetteville to the Contractor when: conditions unless this document is modified. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 040?. the Contractor has fully performed the Contract except for the Contractor's This document has been approved and responsibility to correct Work as provided in Subparagraph lz.az of ALA Document endorsedbyThe Associated Genera) Azoi-1997, and to satisfy other requirements, if any, which extend beyond final Contractors of America. payment; and .2 a final Certificate for Payment has been issued by the Architect. .3 The Contractor has completed all project "close-out" requirements as stated in the Contract Documents including as -built record documents, lien releases from sub -contractors major vendors and suppliers and other requirements indicated in the Contract Documents. 5.2.2 The ON Bier's -the City of Fayetteville's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: And when the Contractor completes the Deficiency Work and obtains approval of such from the City of Fayetteville. 5.2.3 No issuance of a Progress Payment Final Payment Application or payment of such by the City of Fayetteville nor partial or entire use or occupancy of the Work Documents, or shall be construed as acceptance of any work or materials not in accordance with this Agreement and the Contract Documents. ARTICLE 6 TERMINATION OR SUSPENSION 01997 AIA® 6.1 The Contract may be terminated by t -he /ART the City of Fayetteville or the AIA DOCUMENT A1O1-1997 Contractor as provided in Article 14 of AIA Document Azol-1997. OWNER -CONTRACTOR AGREEMENT 6.2 The Work may be suspended by the Owner the City of Fayetteville as provided hl The American Institute of Architects 1735 New York Avenue, N.W. Article 14 of AIA Document A2o1-1997. Washington, D.C. 20006-5292 ARTICLE 7 MISCELLANEOUS PROVISIONS User Comment: Fayettev' a Fire Station No.7/o #03-006 0 1915, 1918, 1925, 1937, 1951, I9S8, 1961, 1963, 1961, 1974, 1977, 1987. 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/30/2004. S 7,.1 Where reference is made in this Agreement to a provision of AIA Document Azoi- 1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of/merest agreed upon, if any.) None. City of Fayetteville can not pay interest Usury Laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other rtgulations at the-9wur-s the CiN of Fayetteville''s and Contractors principal places of business, the location of the Project and elsewhere may affect the validity olthis provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers./ 7.3 The &%giersThe City of Fayetteville's representative is: (.Name address and other information) Dr. Coy Hurd City of Fayetteville Building Services 113 West Mountain Fayetteville, Arkansas 72701 Ph: (479) 575-8361 Fx: (479) 575-8223 7.4 The Contractor's representative is: (.Name, address and other information) Mr. John Van Horn VEI General Contractors 202 East 39th Street/ P.O. Box 1032 (72811) Russelville Arkansas 72802 Ph: (479) 968-5060 Fx: (479) 968-4573 7.5 Neither thc9wter's the City of Fayetteyille's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: 7.6.1 Increase in the price or fees of this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the increase in cost or fees 7.6.2 Freedom of Information Act. City contracts and documents Dreoared while performing city contractual work are subject to the Arkansas Freedom of Information Act If a Freedom of Information Act request is presented to the City of Fayetteville the (contractor) will do everything possible to provide the documents in a a prom 1(t and timely manner as prescribed in the Arkansas Freedom of Information Act. (ACA 25-19-101 et sea ) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 01997 AIA® 8.1 The Contract Documents, except for Modifications issued after execution of this AIA DOCUMENT A101-1997 Agreement, are enumerated as follows: OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement 1735 New York Avenue, N.W. Between Owner and Contractor, AIA Document A1o1-1997. Washington, D.C. 20006-5292 User Comment: ayertev' a Fire Station No. 10 #03-006 0 1915, 1918, 192S, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United Stares and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/302004. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o1-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 9. 2004 , and are as follows: See "Attachment A" Document Title Pages THIS DOCUMENT HAS IMPORTANT LEGAL 8.1.4 The Specifications are those contained in the Project Manual dated as in CONSEQUENCES. CONSULTATION WITH AN Subparagraph 8.1.3, and are as follows: See "Attachment A" ATTORNEY IS ENCOURAGED WITH (Ether List the Specifications here or refer to an exhibit attached to this Agreement.) RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS Section Title Pages ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 8.1.5 The Drawings are as follows, and are dated February 10. 2004 unless a different AA Document A201-1997, General Conditions of the Contract for date is shown below: See "Attachment B" Construction, is adopted in this document (Ether Est the Drawings here or refer to an exhibit attached to this Agreement.) by reference. Do nor use with other general conditions unless this document is Number Title Date modified. This document has been approved and endorsed by The Associated General 8.1.6 The Addenda, if any, are as follows: See "Attachment B" Contractors of America. Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documenis are as follows: (List here any additional documents that are intended to form part of the Contract Documents. ALA Document A2or- 19Y,, provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample Corms and the Contractors bid are not part of the Contract Documents unless enumerated in this Agreement. They sho,dd be listed here onlrifintenJed to be pan of the Contact Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner the City of Fayetteville. f f OJ16i(,% / __ Xz- G)WIER.Dan Coody, Mr (Signature) NTRACTOR Signature) 01997 AIA® q / 41 % �o / `, x / qlA DOCUMENT AOR GR rJfJIV (�pOll", �L�7 MOL�de Or E(J,/°, (/ V 'j,JJVa'/N, /�.'1/,{vus-,NER-CONTRACTOR AGREEMENT (Printed name and true/- (printed name and title) Atte ____ - A The American Institute of Architects MM.s^r' 1735 New Vork Avenue, N.W. Sondra Smith, City C erk Washington. D.C. 20006-5292 User Comment: FayettevIe Fire Station No.710 k03-006 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. - WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97a101.aia -- 3/8/2004. AIA License Number 1010810, which expires on 7/3012004. i FAYETTEVILLE FIRE STATION NO. 7 FAYETTEVILLE, ARKANSAS WDD JOB # 03-006 "ATTACHMENT A" Page! of 3 General Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 9, 2004, and are as follows: DOCUMENT NO. TITLE PAGES 00100 BID SOLICITATION 1 00200 INSTRUCTIONS TO BIDDERS & COPY OF O/C AGREEMENT 10 00300 WAGE RATES 5 00310 OSHA GUIDELINES FOR TRENCH SAFETY 3 00330 EXISTING CONDITIONS 2 00400 BID FORM 6 00600 BONDS I. 00700 GENERAL CONDITIONS 46 00800 SUPPLEMENTARY CONDITIONS 7 The Specifications are those contained in the Project Manual dated February 9, 2004 and are as follows: SECTION NO. TITLE PAGES 01100 SUMMARY OF WORK 5 01210 ALLOWANCES 1 01230 ALTERNATES 2 01300 SUBMITTALS AND SUBSTITUTIONS 10 01450 TESTING LABORATORY SERVICES 3 01500 TEMPORARY FACILITIES AND CONTROLS 3 01640 OWNER FURNISHED PRODUCTS 4 02200 SITE PREPARATION 5 02300 EARTHWORK 10 02360 TERMITE CONTROL 2 02375 TEMPORARY EROSION CONTROL 2 02630 DRAINAGE PIPING 3 02740 ASPHALTIC CONCRETE PAVING 3 02750 PORTLAND CEMENT CONCRETE PAVING 4 02760 PAVEMENT MARKING 1 02770 CONCRETE CURBS AND SIDEWALKS 4 02900 LANDSCAPING 1 "ATTACHMENT A" Page 2 of 3 03100 CONCRETE FORM WORK 5 03200 CONCRETE REINFORCEMENT 3 03300 CAST -IN -PLACE CONCRETE 8 03450 ARCHITECTURAL PRECAST CONCRETE 3 04100 MORTAR 2 04200 UNIT MASONRY 7 05100 STRUCTURAL STEEL 5 05300 METAL DECKING 3 05400 COLD FORMED STRUCTURAL STEEL FRAMING 5 05500 MISCELLANEOUS METAL 3 06100 ROUGH CARPENTRY 4 06170 LAMINATED WOOD BEAMS 3 06200 FINISH CARPENTRY 2 06400 ARCHITECTURAL WOODWORK 5 07150 DAMPPROOFING 2 07200 INSULATION 4 07240 EXTERIOR INSULATION AND FINISH SYSTEMS 6 07410 STANDING SEAM METAL ROOFING 5 07525 MODIFIED BITUMEN SHEET ROOFING 7 07600 FLASHING AND SHEET METAL 4 07850 FIRESTOPPING 6 07900 JOINT SEALANTS 6 08100 METAL DOORS AND. FRAMES 5 08200 WOOD DOORS 4 08350 OVERHEAD/ROLLING DOORS 5 08400 ENTRANCES, STOREFRONTS, AND WINDOWS 4 08700 HARDWARE 9 08800 GLAZING 4 09250 GYPSUM DRYWALL 10 09260 EXTERIOR SHEATHING 2 09310 TILE 7 09510 ACOUSTICAL CEILINGS 3 09650 RESILIENT FLOORING 6 09680 CARPET 4 09900 PAINTING 6. 09950 GLAZE COATING 2 10100 VISUAL DISPLAY BOARDS 2 10150 COMPARTMENTS AND CUBICLES 3 10350 FLAGPOLE 3 10400 IDENTIFYING DEVICES .2 10440 INTERIOR SIGNAGE 5 10520 FIRE PROTECTION SPECIALTIES 2 10800 TOILET AND BATH ACCESSORIES 2 "ATTACHMENT A" Page 3013 10950 MISCELLANWOUS SPECIALTIES 3 11450 RESIDENTIAL EQUIPMENT 3 12490 HORIZONTAL BLINDS 2 15010 GENERAL MECHANICAL REQUIREMENTS 13 15240 VIBRATIN ISOLATION 2 15250 MECHANICAL INSULATION 2 15330 WET PIPE SPRINKLER SYSTEMS 6 15370 RANGE HOOD EXTINGUISHING SYSTEM 2 15410 ROOF AND STORM DRAINAGE SYSTEM 3 15411 SANITARY DRAIN, WASTE AND VENT PIPING SYSTEM. 4 15412 DOMESTIC WATER PIPING SYSTEM 3 15413 NATURAL GAS PIPING SYSTEM 3 15440 PLUMBING FIXTURES 3 15456 GAS FIRED WATER HEATERS -COMMERCIAL GRADE 2 15610 FORCED AIR FURNACES ? 15623 GAS FIRED INTRA-RED SPACE HEATERS 2 15670 SPLIT SYSTEM CONDENSING UNITS 2 15860 FANS 2 15865 VEHICLE EXHAUST REMOVAL SYSTEM 5 15890 LOW PRESSURE DUCTWORK AND ACCESSORIES 3 16010 GENERAL ELECTRICAL REQUIREMENTS 8 • 16110 RACEWAYS 4 16120 WIRES AND CABLES 3 16130 BOXES AND ENCLOSURES 2 1.6140 WIRING DEVICES 3 16170 DISCONNECT SWITCHES 2 16190 SUPPORTING DEVICES 3 16195 ELECTRICAL IDENTIFICATION 3 16421 UNDERGROUND ELECTRICAL SERVICES 3 16422 TRANSIENT VOLTAGE SURGE SUPPRESSOR, HIGH EXPOSURE 2 16450 GROUNDING 2 16471 CIRCUIT BREAKER LIGHTING PANELBOARDS, 240 VAC, MAX. 2 16472 CIRCUIT BREAKER POWER DISTRIBUTION 2 16485 CONTRACTORS 2 16621 ENGINE -GENERATOR SET -PACKAGED 3 16627 AUTOMATIC TRANSFER SWITCH 2 END OF ATTACHMENT "A" FAYETTEVILLE FIRE STATION NO. 7 FAYETTEVILLE, ARKANSAS WDD JOB # 03-006 "ATTACHMENT B" Page 1 of 2 The drawings are as follows, and are dated February 10, 2004, unless a different date is shown below: SHEET NO. TITLE DATE COVER PAGE CS PROJECT INFORMATION 1 OF 1 LOT SPLIT FOR WEST SIDE C1.1 DEMOLITION PLAN CI.2 SITE PLAN C1.3 GRADING & DRAINAGE PLAN C1.4 UTILITY PLAN C1.5 TREE PRESERVATION PLAN C2.1 DETAIL SHEET! C2.2 DETAIL SHEET 2 C2.3 DETAIL SHEET 3 A1.1 FIRST FLOOR PLAN A1.2 SECOND FLOOR PLAN A1.3 RELECTED CEILING PLAN A1.4 CLERESTORY AND ROOF PLANS A2.1 ELEVATIONS A3:1 BUILDING SECTIONS A3.2 BUILDING SECTIONS A3.3 BUILDING SECTIONS A3.4 BULDING SECTINS A3.5 WALL SECTIONS AND DETAILS A3.6 WALL SECTIONS AND DETAILS A3.7 WALL SECTIONS AND DETAILS A3.8 WALL SECTIONS AND DETAILS A4.1 INTERIOR ELEVATIONS A4.2 MILLWORK SECTIONS A5.1 SCHEDULES AND WALL TYPES A5.2 DOOR AND WINDOW TYPES A5.3 DOOR AND WINDOW DETAILS 51.0 NOTES & SCHDULES SI.1 FOUDATAIN PLAN S2.1 FOUDATION DETAILS S3.1 FLOOR & LOW ROOF FRAMING PLANS S3.2 ROOF FRAMING PLAN S4.1 FRAMING DETAILS S4.2 FRAMING DETAILS 5/30/03 1/19/04 1/19/04 1/19/04 1/19/04 1/19/04 1/19/04 1/19/04 1/19/04 "ATTACHMENT B" Page 2 of 2 U1.1 UTILITY SITE PLAN P1.1 FIRST FLOOR PLUMBING DRAIN PLAN P1.2 SECOND FLOOR PLUMBING DRAIN PLAN P2.1 FIRST FLOOR PLUMBING SUPPLY PLAN P2.2 SECOND FLOOR PLUMBING SUPPLY PLAN P3.1 PLUMBING DETAILS P3.2 PLUMBING SCHEDULES M1.1 MECHNICAL FLOOR PLAN M1.2 VEHICLE EXHAUST FLOOR PLAN M2.1 MECHANICAL DETAILS M2.2 MECHANICAL DETAILS M3.1 MECHANICAL SCHEDULES E1.1 ELECTRICAL POWER PLAN -FIRST &.SECOND FLOOR EI.2 MECHANICL POWER PLAN- FIRST & SECOND FLOOR E2.1 ELECTRICAL LIGHTING PLAN -FIRST & SECOND FLOOR E3.1 ELECTRICAL DETAILS E3.2 ELECTRICAL DETAILS E3.3 ELECTRICAL DETAILS E3.4 ELECTRICAL PANELBOARD SCHEDULES ADDENDA NO. DATE 1 February 19, 2004 Specification 07225 -Mailable Insulation (5 pgs) ADD C1.01, ADD C1.02, ADD A1.01, ADD A1.02, ADD A1.03, ADD AI.04, ADD MI.01, ADD M1.02 2 February 23, 2004 Specification 07240 (7 pgs) ADD A2.01, ADD A2.02, ADD A2.03, ADD A2.04, ADD A2.05, ADD 2.06, 3 February 23, 2004 END OF ATTACHMENT "B" PAGES 4 w/attachments 4 w/attachments 1 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Coy Hurd Building Services From: Clarice Buffalohead-Pearman City Clerk Division Date: March 11, 2004 Re: V.E.I General Contractors/Wittenberg, Delony & Davidson Attached are two originals of the agreement for work at Fire Station No. 7. The agreement will be recorded in the clerk's office and microfilmed. If anything else is needed please let the clerks office know. MTla 1 w 2004 /cbp attachments cc: Nancy Smith, Internal Auditor 2434£. Joyce BNd., Ste.10 FAVEr1EVUI, AR 72703 479/ 442-6681 479/251-0231 FAX TO: City of Fayetteville Building Services 113W. Mountain Fayetteville, AR 72701 WE ARE SENDING YOU • 2CHITFCTS V G. i- DATE: March 10, 2004 ATTENTION: Dr. Coy Hurd PROJECT NUMBER 03-006 RE: Fayetteville Fire Station No. 7 ❑ SHOP DRAWINGS ❑ PLANS ❑ FLOPPY DISK ® ATTACHED ❑ COPY OF LETTER ❑ PRINTS ❑ CHANGE ORDER ❑ SPECIFICATIONS ❑ SAMPLES ❑ P/U by Coy O UNDER SEPARATE COVER VIA: /06-03 COPIES DATE NO. DESCRIPTION 3 Owner and Contractor Agreement signed by Contractor PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED. THESE ARE TRANSMITTED (AS CHECKED BELOW) ❑ FOR APPROVAL O AS REQUESTED 0 REVIEWED FOR GENERAL COMPLIANCE O RESUBMIT ___COPIES FOR APPROVAL ® FOR YOUR USE O FOR REVIEW AND COMMENT O REVIEWED FOR NOTED COMMENTS O SUBMIT _COPIES FOR DISTRIBUTION ❑ FOR YOUR INFORMATION 0 RETURNED FOR CORRECTIONS O RETURN ___CORRECTED PRINTS REMARKS: Please have Mayor Goody sign all three copies. Retain one for your files and return 2 copies to this office for distribution to the Contractor and our files. COPY TO: File BY: ESL -T" John Van Horn, VEI r Richard Alderman, AIA • • COMMON POLICY DECLARATIONS AMERISURE MUTUAL INSURANCE COMPANY Date of Issuing First POUCY NUMBER Renewal of Dist•Indiv. Producer Issue Office Year GL 2019350000000 NEW 335416-150 THE CASHION CO 04/07/04 54 2004 Direct Bill No: Account No: 11065410 Group Code Form of Business Servicing Offices CITY OF FAYETTEVILLE ATTN: MR. COY HURD 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701 From 03/26/04 to 03/26/05 at 12:01 A.M. standard time at your mailing address shown above CONTRACTOR: VEI GENERAL CONTRACTORS INC P O BOX 1032 RUSSELLVILLE, AR 72811 CONTRACTOR ❑ Individual 54 ❑ Partnership m Corporation ❑ Joint Venture n Amount Due Audit Period $776. N/A IN RETURN FOR THE PAYMENT OF PREMIUM, AND SUBJECT TO ALL THE TERMS OF THE POLICY, WE AGREE WI TH•YOU TO PROVIDE THE INSURANCE AS STATED IN THE POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Boiler and Machinery Coverage Part Commercial Auto Coverage Part Commercial Crime Coverage Part Commercial General Liability Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Coverage Part Owners & Contractors Protective Liability Forms applicable to all Coverage Parts: M-205 (Rev. 09-00) TOTAL PREMIUM $776. $776. THE C MPANY, INC. BY: Countersigned by Authorized Representative • AMERISURE INSURANCE COMPANIES RUN DATE : 04/07/04 INSTALLMENT SCHEDULE RUN TIME : 22.06 INSURED'S COPY THE CASHION CO., INC. P.O. BOX 550 LITTLE ROCK,AR 72203 Agency No : 33-5416 Bill Account : 763-797-713 BAE Id : CLS 000009898 2004-04-07 Coverage Effective Date : 03/26/04 Insured Name : CITY OF FAYETTEVILLE Credit Rep : KIMBERLY WILLIAMS Contact Number : 800-789-3159 ATTN: MR. COY HURD Pay Plan : AGY FULL Policy Mod Co Effective Gross Policy No No Cd Date Premium --------------------------------------------------------------------------------- GL-2019350 00 02 03/26/04 776.00 Bill Gross Installment Month Amount -------------------------------------------------------------------------------- 1 04/04 776.00 THE INSURED'S PREMIUM IS DUE NO LATER THAN 45 DAYS FOLLOWING CLOSE OF THE BILL MONTH 34-2010/34-2025 • 0 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART DECLARATIONS PAGE POLICY NO. GL 2019350000000 EFFECTIVE DATE: 03/26/04 NAMED INSURED CITY OF FAYETTEVILLE LIMITS OF INSURANCE AGGREGATE LIMIT $2,000,000 EACH OCCURRENCE DESIGNATION OF CONTRACTOR: $1,000,000 VEI GENERAL CONTRACTORS, INC. MAILING ADDRESS: - PO BOX 1032 RUSSELLVILLE, AR 72811 LOCATION OF COVERED OPERATIONS: NEW FAYETTEVILLE FIRE STATION NO. 7, 635 NORTH RUPPLE ROAD FAYETTEVILLE. AR CLASSIFICATIONS DESCRIPTION PREMIUM RATE CODE I BASE I $1,000 OF COST I PREMIUM CONSTRUCTION OPERATIONS - OWNER 16292 $1,340,100 57g (NOT RAILROADS) - EXCLUDING $776. OPERATIONS FORMS APPLICABLE IL 0021 0702 - BROAD FORM NUCLEAR EXCLUSION CG 21 70 11 02, CG 21 76 11 02, CG 31 31 04 02, CG 70 42 04 03, AN 10 89 04 03, IL 01 99 07 02, M 10 85 06 00, IL 70 27 07 01, IL 70 39 11 02, AN 10 86 11 02, CG 00 09 10 01, CG 29 23 11 01,C62951 0196,M 10 80 01 93, CO 70 83 09 98, CG 00 63 12 02, CO 20 31 01 96 M-202 07 87 • POLICYHOLDER DISCLOSURE • NOTICE OF TERRORISM INSURANCE COVERAGE COVERAGE FOR ACTS OF TERRORISM IS INCLUDED IN YOUR POLICY OR QUOTATION. YOU SHOULD KNOW THAT ANY LOSS CAUSED BY CERTIFIED ACTS OF TERRORISM WOULD BE PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES PAYS 90% OF COVERED TERRORISM LOSSES THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PORTION OF YOUR ANNUAL PREMIUM THAT IS ATTRIBUTABLE TO COVERAGE FOR ACTS OF TERRORISM IS: $ WAIVED * AMERISURE MUTUAL INSURANCE COMPANY POLICY NUMBER NAMED INSURED: `MAILING ADDRESS POLICY PERIOD: GL 2019350000000 CITY OF FAYETTEVILLE ATTN: MR. COY HURD 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 FROM 03/26/2004 TO 03/26/2005 a THE PREMIUM CHARGE FOR THIS NEW COVERAGE FOR THIS POLICY PERIOD HAS SEEN WAIVED SINCE THE RATING FORMULA IS STILL UNDER DEVELOPMENT. WE IAVE PROVIDED (OR WILL PROVIDE AS SOON AS THEY BECOME AVAILABLE) .DDITIONAL FORMS IMPLEMENTING THE TERMS OF THE TERRORISM COVERAGE. IL 70 39 11 02 EXPLANATORY NOTE RE: FEDERAL TERRORISM COVERAGE We have included a "POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM" Form IL 70 39 11 02 with your policy or quotation. (If your policy or quotation was not issued with this notice, we are providing it now.) As you may know, the President signed the Terrorism Risk Insurance Act of 2002 into law on November 26, 2002. This Act establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. The Act provides that, to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. The Act further stipulates that we make certain terrorism coverage available to you and that we provide you with certain notifications. Please read the Disclosure Notice for details. Please be aware that, only after Amerisure has made terrorism claim payments to insureds that exceed a substantial deductible, ranging from 7% to 15% of our direct earned premiums, will the federal government reimburse Amerisure for 90% of the payments in excess of the deductible. If you wish an explanation of the nature of the terrorism coverage provided by the Act, please contact your Agent. We have provided (or will provide you as soon as they are developed) with appropriate additional implementing terrorism coverage forms in response to this Act. These forms place a "cap" on losses from certified acts of terrorism as provided in the Act or subsequent acts and for some policies, as respects liability coverages, exclude punitive damages related to a certified act of terrorism. Please also be aware that future policies will be subject to a terrorism premium charge (you will be able to reject the terrorism coverage and premium at that time) and that they may be subject to a surcharge to repay the Federal government a portion of any reimbursements it makes to insurers for terrorism claim payments. AN 10 8611 02 C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY With respect to any one or more "certified act of terrorism", we will not pay any amounts for which we are not responsible under the terms of the federal Terrorism Risk Insurance Act of 2002 (including subsequent acts of Congress pursuantto the Act) due to the application of any clause which results in a cap on our liability for payments for terrorism losses. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism". The act resulted in aggregate losses in excess of $5 million; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21 7011 02 © ISO Properties, Inc. 2002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM PUNITIVE DAMAGES Damages arising, directly or indirectly, out of a "certified act of terrorism" that are awarded as punitive damages. B. The following definition is added: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism". The act resulted in aggregate losses in excess of $5 million; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21 7611 02 ® ISO Properties, Inc. 2002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. This insurance does not apply to: ASBESTOS "Bodily Injury" or "Personal and Advertising injury" or "Property Damage" arising out of (1) The removal, replacement, repair, enclosure or encapsulation of asbestos from any building or structure; (2) The use, manufacture, transportation, removal, storage or disposal of asbestos or any substance, goods, products or structures containing asbestos; or (3) The inhalation, ingestion or absorption of asbestos by any person, including any prolonged or repeated exposure to asbestos. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2002 CG 70 42 04 03 COMMERCIAL GENERAL LIABILITY CO 20 31 0196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured any architect, engineer or surveyor engaged by you but only with respect to liability arising out of your premises or ongoing operations performed by you or on your behalf. B. The following exclusion is added to paragraph 2., Exclusions in COVERAGES (Section I): The insurance with respect to such architects, engineers or surveyors described in paragraph A. above does not apply to "bodily injury" or "property damage" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings. opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. WITTENBERG, DELONY & DAVIDSON, INC. 2434 EAST JOYCE BOULEVARD, SUITE 10 FAYETTEVILLE, AR 72703 CG 20 31 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 Cl I AMERISURE MUTUAL INSURANCE COMPANY 26777 Halsted Road, Farmington Hills, MI 48333-2060 Phone 1-800-257-1900 ASSIGNMENT Assignment of this policy is valid only with the written consent of this Company. POLICY CONTENT This policy is made and accepted subject to the foregoing provisions and stipulations and those which follow. These provisions, in addition to those added by amendment or endorsement are a part of this policy. This policy consists of the Common Policy Declarations, Coverage Parts and endorsements listed in that Declarations form. In return for the payment of the premium, the Company agrees with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. MUTUAL POLICY CONDITIONS This policy is non -assessable. You are a member of the Company. Members participate in the distribution of dividends to the extent and upon the conditions fixed and determined by the Board of Directors. Such distribution will be made in accordance with the law. IN WITNESS WHEREOF, the Company has executed and attested to these provisions. This policy is not valid unless countersigned on the Declarations page by our authorized representative. The insured is notified that by virtue of this policy, he/she is a member of the Amerisure Mutual Insurance Company of Farmington Hills, Michigan. Members are entitled to vote either in person or by proxy at Company meetings. Annual meetings are held on the second Thursday of May each year at 10:30 A.M. at the Home Office in Farmington Hills, Ml or at such other place in the City of Farmington Hills, to which members may adjourn such meeting. dwt �J 4uftYQ.� Secretary President M10850600 GENERAL LIABILITY NOTICE TO POLICYHOLDERS RESTRICTIONS OF COVERAGE CL-2002-OWLE1 - WAR LIABILITY EXCLUSION ENDORSEMENTS This notice has been prepared in conjunction with the implementation of changes to your policy. It contains a brief synopsis of any significant restrictions of coverage that were made in each policy form and endorsement. The endorsements below replace the current war exclusion to expand beyond contractually assumed liabilities and medical payments or introduce a war exclusion in forms which did not contain one. Please read your policy, and the endorsements attached to your policy, carefully CG 00 6212 02 - War Liability Exclusion (Commercial General Liability Coverage Part) When this endorsement is attached to your policy, coverage is restricted to exclude bodily injury, property damage, or personal and advertising injury, however caused, arising, directly or indirectly, out of: war, including undeclared or civil war, • warlike action by a military force; or • insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. A specific Medical Payments Exclusion is no longer needed in the policy due to the fact that they are now subject to Exclusion g. of paragraph 2. Exclusions of Section I - Coverage C - Medical Payments, which are now excluded under Coverage A. CG 00 6312 02 - War Liability Exclusion (Owners and Contractors Protective Liability Coverage Part and Products/Completed Operations Liability Coverage Part) When this endorsement is attached to your policy, coverage is restricted to exclude bodily injury or property damage, however caused, arising, directly or indirectly, out of war, including undeclared or civil war, warlike action by a military force; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. CG 00 64 12 02 - War Liability Exclusion (Liquor Liability Coverage Part, Pollution Liability Coverage Part, Railroad Protective Liability Coverage Part, and Underground Storage Tank Policy) When this endorsement is attached to your policy, a war exclusion is added to exclude injury or damage, however caused, arising, directly or indirectly, out of: war, including undeclared or civil war, warlike action by a military force; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insurance Services Office, Inc., 2003 AN 10 89 04 03 • COMMERCIAL GENERAL LIABILITY CG 3131 04 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART • A. The following exclusion is added to Paragraph 2., b. Any loss, cost or expenses arising out of the Exclusions of Section I — Coverages — Bodily abating, testing for, monitoring, cleaning up, Injury And Property Damage Liability: removing, containing, treating, detoxifying, 2. Exclusions neutralizing, remediating or disposing of, or in any way responding to, or assessing the This insurance does not apply to: effects of, "fungi" or bacteria, by any insured Fungi or Bacteria or by any other person or entity. a. "Bodily injury" or "property damage" which This exclusion does not apply to any "fungi" or would not have occurred, in whole or in part, bacteria that are, are on, or are contained in, a but for the actual, alleged or threatened in- good or product intended for consumption. halation of, ingestion of, contact with, expo- B. The following definition is added to the Definitions sure to, existence of, or presence of, any Section: "fungi" or bacteria on or within a building or structure, including its contents, regardless "Fungi" means any type or form of fungus, includ- of whether any other cause, event, material ing mold or mildew and any mycotoxins, spores, or product contributed concurrently or in any scents or byproducts produced or released by sequence to such injury or damage. fungi. CG 31 31 0402 ® ISO Properties, Inc., 2001 Page 1 of 1 O • CO&RCIAL GENERAL LIABILITY ,•u .,,, ,.,.:..CG00091001 -' -- OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR - Various provisions of�this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage" only. if: - -, duties and what is and is not covered. `' " .(1) The "bodily injury":.or "property -damage" is Throughout this policy the words you and, your' refer caused::by an "occurrence" and arises out to the Nanied Insured shown in the Declarations. The of: words "we", "us" and "our" refer to the Company pro- _ (a)� Operations performed for.you you by the viding this insurance. "contractor":at.the location specified in The,word "insured"means any person, or, organization the Declarations; or• qualifying as such,ugder.Section II - Who Is An In- ...(b) Your acts or: omissions in connection sured.; . . _.:It -_::.. _ -. '..•with the general supervision of such op - Other words and=phrases that appear_in. quotation erations; - •.. r. marks have special meaning..Refer torSection V — (2) The "bodily injury" " e" Definitions. ,. or ero,dama g +-•. -o .:,:. - '' . } .. occurs during the policy period; and SECTION I — COVERAGES c (3) Prior to tholio e;p y period, no jnsured listed BODILY INJURY AND. -PROPERTY DAMAGE; under Paragraph 1. of Section II -. Who Is LIABILITY An Insured and no "employee" -authorized 1. Insuring Agreement " '` by 'you" to give 'or receive notice, of an : "occurrence" or claim, knew that the "bodily a. We will pay those, sums that the insured be- -:injury-of'l'"p perry damage"..had occurred, -ro e comes legally'obl;gated'to pay'aS damages be- in whole or in part: If such a listed insured or cause of+'bodily injury". Or "property damage" to authorized "employee''.;knew;: prior)to:rthe which -this insurance applies: We will have the .,-policy_.period, ,that .,the.;,'bodily injury" or right and dutyto-defend the: insured against any property damage"; occurred, then any con - "suit" seeking those damages. However.we will tinuation, "change or resumption of such have no duty to defendthe insured against any "bodil' `inL1ry or " ' " ` " "suit" -seeking damagesrfor "bodily injury" or y - = property rnage..,during or after the policyperiod will be deemed to "property damage"1to which -this insurance does have been known prior to the policy period. . not apply. We may,::at, qur�r iscretion, muesli- c.' .. •. g y ';occurrence" and settle an claim or Bodily injury or: "property. -damage"`"which ate, :an y "suit"that'may result. But: "" occurs during the policy period and was not, ;. prior to the policy= period, "known to have oc- (1)'The , amount :we.:will:p'ay�for, damages is r.' curved ;by anymsured'listed under Paragraph 1. limited`' as described in Section III — Limits : of Section II' Who= Is -An .Insured ,.or any Of Insuratrce; *and' ^r employee" authoriieil by youto give or receive (2) Our righfand duto defend"ends when we notice -of an':'occurrence" oFclaim; includes any have used up the"applicable' limit of insur- -" 'continuation;=' change 'or resumption of that ance in the payment of`judgments or set- Y "bodily --injury" or"property' 'damage" after the ;• dements._; end of the'policyeriod: No. other- obligation, dr liability to 'pay sums or perform acts or services is covered unless ex- plicitly provided for under: Supplementary Pay- ments. . C'. J CG 00 09 1001: ®'ISO Properties, Inc., "2000 Page —of 9 O d.. "Bodily injury" or "property damage" will be (b) Such attorney fees and litigation ex - deemed to have been known to have occurred penses are for defense of that party at the earliest time when any insured listed un- against a civil or alternative dispute der Paragraph 1. of Section 11 — Who Is An Ira -,resolution proceeding in which damages sured or_any "employee", authorized by you to •, to which this insurance applies are al - give or receive notice of an "occurrence"- or "• leged. claim: ^, -, ° •`c. Work Completed Or Put To Intended Use (1) Reports all, or any part, of the "bodily injury" • "Bodily injury" or "property damage" which oc- or "property damage" to us or any other in- curs after the earlier of the following times: surer; : _ (1) When all "work" on the project (other than (2) Receives a written or veibal demand or service, maintenance or repairs) to be per- -claim for damages because of the "bodily formed for you by the "contractor' at the site injury" or "property damage"; or.. • of the covered. operations has been com- (3) Becomes aware by any other means that pleted; or • "bodily injury' or "property damage" has oc- (2) When that portion of . the "contractor's" curred or has begun to occur. "work", out of which the injury or damage e. Damages because of""bodily 'injury" include arises, has been put to its intended useby damages claimed by any person or. organiza- any person or organization; other than an- tion for care -:loss of services or death resulting other contractor or subcontractor working at any time from the "bodily injury". .. directly or indirectly for the "contractor" or as Exclusions part of the same project-; • 2. This insurance does not apply to d. Acts Or Omissions By You And Your ^' Employees a.. Expected Or Intended Injury ..• "Boiiilyinjury"-or "property damage" arising:out "Bodily injury" or "property damage" expected of your, or your "employees", acts or omissions or.intended from the standpoint of the insured, other than general supervision of "work" per - This exclusion does not apply -to "bodily injury" formed for you by the "contractor'. resulting from the use of reasonable force to ,protect ro or persons PrtYe ;,_ e.._ Workers', Compensation And Similar Laws P P : b.: Contractual Liability „ , Any obligation'of the insured under a workers' com ensation ' disability benefits'or unemploy- Bodily,injury" or "prIoperty damage'" for which Vthe insured, is obligated.to •pay damages by reason`. of the assum_ption,of liability in a con - "'L tract or.pgreement.:This exclusion does not apply to liability,for damages: _ (1) That the. insured would have in the absence of the contract or agreement; or-, t .m:N:o -(2)� Assumed in a,contract or agreement that is an' "insured contract', provided the "bodily injury' or "property damage". occurs subse- •=...,,, -,�quent-to.-the execution,.ofthe contract or agreement.=Solely for,_the purposes of liabil- ity -assumed in an "insured •contract", rea- $Ile sonable.attorney fees- and necessary litiga- tion expenses-, incurred byor for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract': and p ment compensation law or:any similar law. V, Employer's L1ability, N, "Bodily -injury" to;.._ . • (1) <An"employee" of the. insured arising out of and in the'course of: (a) Employment by the insured; or,: (b) Performing duties related tq.the conduct of theansured's business; orn;; - : !..:: ..P.. • . J.;, (2) The spouse, child; parent;, brother or sister • of. that "employee" as. a .consequence of Paragraph (1)'above. This exclusion.applies_;.: -:.! (1) Whether the insured may be'liable as an employer or -in any other: capacity:. and (2) To any''obligation to share damages with or ' ° repay someone else who must pay dam- ages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". 1 Page .2 oft ® ISO Properties;:lnc.','2000 CG 000910 01 ❑): g. Damage To Property • - "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person;•organization or entity, for repair, replacement; enhancement,'restora- tion or maintenance of'such property for any • reason, including prevention -of injury to a person ordamage to another's property; (2) Property loaned to you; ` • (3) Personal property in the 'care,' custody or control of the insured; Or (4) "Work" performed. for you • . by the "contractor". h. War 1:• �_'"Bodily injury' or "property damage" due to war, whether or not declared, or any act or condition • a , incident to war. War includes civil:war, insur- rection, rebellionor revolution. This -exclusion applies only to: -'(1) Liability assumed under an::.'insured con- tract' ; or . (2). Expenses for first aid. I. Mobile Equipment -� - ....L .:., G•.. • "Bodily injury" or"property-damage" arising: out of the use of_"mobile _equipment" in, or while in practice for, -or while'beingprepared ._for, any p?earranged':'racing;.� speed;, demolition; or • ` stunting'activtY.; • 1• Pollution. „ i.(1) damage•}..arising out of ttje,actual,;alieged._orthreatered dis- • charge, _dispersal„seepage;-.migration, re- lease or escape of "pollutants": I s., -, (a) At or from any premisesiteor location which is or at any time owned or , ,_... occupied,by,.or rented or loaned to, any • a insured S• However, this subparagraph does not"apply to. (i) "Bodily. injury" ifsustainedwithin a building and '`caused' by'_ smoke, 'r'•' °' fumes, -vapor or soot from equipment • A `used to heat that building• • (ii) "Bodily injury" or "property;damage" arising out•of.heat, smoke or, fumes from a "hostile fire";''' -''' (b) At or: from any premises, site o'location which-'is,orwas;at anytime,us. d by or for any insured •or ,others for, -the han- dling, storage, disposal, processing or treatment of waste; CG00091001 (c) Whic a or were at any•. time trans- porte iandled, stored, treated, dis- posed of, or processed as waste by or for: (i) Any insured; or, (ii) Any person or organization for whom a , .you -maybe legally responsible; or (d) At or from -any premises, site or location ,. ,on,which�any insured or any contractors or subcontractors working directly or in- " directly on any insured''s behalf are per- forming operations if the "pollutants" are brought on or to the premises, site or lo- " cation in connection with such opera- tions by such insured, contractor or sub- contractor. However, this subparagraph -does not apply to: ' . r (i) Bodily'injury,-or. property damage arising out of the escape of fuels, lu- bridants or' 'other .operating fluids which are needed' to' perform the normal electrical, ,hydraulic or me- chanical functions -necessary for the operation of ""mobile equipment" or r:n its parts, if -such fuels, lubricants or other.operating fluids escape from a •':'::..vehicle part:designed to: hold, store or receive them. This exception does not apply if '.'the "bodily ' injury" or "property damage".arises'-out of the • intentional., discharge,.. dispersal: or release of ; the fuels,,. lubricants or other operating -fluids, ,or if such fu- els,' lubricants or other operating flu- "` . ' " "ids are brought on or to the prem- ises, site or location (tithe intent :c ;- ',that:;they be discharged;. dispersed or -'.j •,a : released as• part:• of. the'_ operations being performed: , by+: such insured, contracto F or, subcontractor; (ii) "Bodily injury:' :or.J "property damage" •;i:sustainedr:withm =a:nbuilding_ and caused-by.,,,the .,release of -gases, • fumes _ or..,.yapors-,„ from .materials brought into that building in_connec- • tion with operations being, pe„rformed by or. on behalf of any insuied;'or , -J (iii) "Bodily injury" or "property, damage" ansm gout of heatsmoke'or fumes from a "hostile fire". `' r" - 5.: ®'ISO Properties, Inc:,2000 Page 3 of 9 ❑ (e) At or from any prses, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, deto_ kify or' neutralize, or in anyway respond'to;`ror assess the ef- fects of "pollutants":. ' -: (2) Any loss, cdstor expense arising out of any: (a). Request, demand, order or statutory or regulatory requirement that any insured or others test for, 'monitor,: clean up, re- move, :contain,. treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of:pollutants"; or (b) Claim or suit by:or on behalf of a gov- ernmental . authority , for damages be- cause of.testing for, monitoring, cleaning up, 'removing, containing, treating, de- toxifying or neutralizing, or in any way responding to,. or. assessing the effects of "pollutants": ._ . .::: However; -this paragraph:does not apply to liability.for-damages because of "property damage" thatlhe insured would have in the absence of such.request, demand, order or statutory or regulatory. requirement, or such •r- claim or "suit" by, or: on behalf of a govern- mental.authority.. r. k.' -Damage To Impaired Property Or Property Not Physically Injured--- Property,, damage':, to .impaired property" or property that. has not been, physically injured, arising out of:. . .. . '(1) A.defect,.deficiency, inadequacy or danger- ous condition irt•"work". performed for you by s ' the "contractor' -'or - (2) A delay`or failure'-by'you"or anyone acting on:-yourbehalf to perform "a: contract or :•n16 :ra: agreement in accordance.with its terms. rThis exclusion does not applyto the loss of use of other property. arising -out of sudden and ac- cidental physical' injury to ''work" performed for .you by the "contractor'. SUPPLEMENTARY PAYMENTS 1..We will pay,,.with respect,to any.claim we investi- gate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required be- cause of accidents or traffic law violations aris- ing out of the use of any vehicle to which this insurance applies. We do not have to furnish these bonds. c. The cost Donds to release attachments, but only for bond amounts within the applicable _limit of insurance. We do not have, to. furnish these bonds: d., All reasonable - expenses incurred by the in- sured at our request to assist us in. the investi- gation or defenseof the, claim or "suit", includ- ing actual, loss of. earnings, up to• $250 a day :because ofjime off from. work.,,, . e. All costs taxed against the, insured in.the."suit". f. Prejudgment - interest awarded ^- against the insured on that part of he judgment we pay. If we make an offer to pay the applicable; limit of insurance, we will not pay any prejudgment in- terest based on that period of time after the offer. :. •. g• All interest oh the full amount of any judgment -that accrues after entry of the judgment and • before we have paid, offered to pay, or depos- ited in court the.-partof the judgment that is within the applicable limit of insurance._- h. Expenses incurred by the insured for first aid administered to others at the time -of an acci- dent, for "bodily injury" to which. this insurance applies. These payments will not reduce the limits of insur- ante::_, ;rn .I...1::.; i ,.. _• 2.., If we defend an„fnsured against. a ."suit'.'rand an indemnitee of the insured is also.namedas. a party to the "suit", we will defend that indemrulee if all of the following conditions are met:' a. The "suit" against the indemnitee seeks dam- I''':ages for which the insured has assumed the Ii - ability of the indemnitee in'a'contrac4 or agree- '' meet that is aft"insured contact"°' b. This insurance applies to such liability assumed IL € .bythe insured;. _,- ,.•;...,,... r ` ,.o: The obligation to defend; or, the cost of the defense of, that indemrptee,Ili'as also been as- sumed by the insured in . the, same "insured contract"; d„Theailegations in the "surf; and the information _..we. know about the "occurrence" are such that no conflict ;appears to_ exist between the inter- ests of the insured-and•the' interests of the"in- demnitee;.,•;.: e. The indemnitee and the insured ask us to con- duct and control the defense"of that indemnitee against such "suit" and agree that we can as- • sign the 'same counsel-to'defend the insured and the indemnitee/and Page 4 of 9 ® ISO Properties, -Inc , .2000 CG 0009 10 01' I 0 f. The indemnitee: • d. An organiz� other than a.'partnership, joint (1) Agrees in writing to: venture or limited liability company, you are an Insured. Your "executive officers" and directors (a) Cooperate with us in the investigation, are insureds; • but only with respect to their du - settlement or defense of the "suit"; ties' as• your officers or directors: You Immediately send us copies of any de- holders are also insureds, but only with respect rnands, notices, summonses or legal to their liability as stockholders. . papers received .in_connection with the 2. Each of the following is also an. insured:. . 'suit'; i' a. Any. person (other than your"employee'') or any (c) Notify any other insurer whose coverage organization while acting as your rear estate is available to the indemnitee; and manager. (d) Cooperate with us with respect to coor- b. Any person or organization having: proper tem- dinating other applicable , insurance porary custody of your property if you die, but available to the indemnitee;. and only: - (2) -Provides us with written authorization to: (1) With respect to liability arising out of the (a) Obtain records and other information maintenance or use of that'property;.and • related to the "suit"; and (2) Until your legal representative has been (b) Conduct and control the defense of the - appointed. indemnitee in such "suit'.: c. Your legal representative if you die, but only • So'long as the above'donditions are"met, attorneys with respect to duties as such. That represen- fees incurred by us in the defense of that indemni- tative will have all your rights -and duties under tee, • necessary litigation expenses incurred by us Ih(s Coverage Part' and necessary litigation expenses incurred by the No person or organization is an insured with respect indemnitee at.our request will be paid as Supple- to the conduct ofany currerit or'past partnership, joint mentary;Payments.Notwithstanding the provisions venture or limited liability company that is not shown of Paragraph 2.b.(2) of Section I — Coverages — as a Named Insured in the Declarations. Bodily Injury And Property Damage Liability, such SECTION III- LIMITS OF INSURANCE payments will not be deemed to . be damages for "bodily. injury" and "property damage" and will not 1. The,Limits.of Insurance,Yshown'in-the Declarations reduce the limits of_insurance. .,. and;the rules below fix the most we will pay regard - Our obligation.to defend an insured's indemnitee lessof,thenumberof - and to pay for attorneys fees and necessary litiga- a-• Insureds;: • -tion expenses as Supplementary Payments ends b. Claims made or "suits" brought; or when: c. c; Persons or organizations making claims or a -.We have used up the applicable limit'of insur- bringing "suits". ance in the payment of judgments or settle- menu; or 2. The Aggregate Limit is the most we will pay for the sum of damages because of all "bodily injury" and b. The conditions set forth above; or the terms of ..property. damage'. .......0 s • .-'the:=. agreement described. in Paragraph f. 3 Subject to 2. above`, the' EachIOccurrence Limit is above, are no longer met . • the"most we will; pay for the sum ofdamages be - SECTION II — WHO IS AN INSURED cause of alt''bodily: injurand "propertydamage" 1. If you are designated in the Declarations as:'.l arising out of anyone occurrence . - • r•a.t,An individual; -you .and your spouse. are. in- If you designate more than one project in the Declara- ;•sureds.'tions, the Aggregate Limit shall apply..eparately to b. A` partnership or'joint venture, you are an in - each project : ' "' sured:; Your members, your partners, and their The Limits of Insurance of this Coverage Part. apply spouses are also `insureds,- but 'only 'with re- separately to each 'cohsecutive:arinual period and to spect;to their duties as partners or members of any rernaining.pehod of.less'than 12 months, 'starting a joint venture. ;' '` with the beginning -of the policy period shown in the • c. A limited liability company, you are an insured. Declarations, unless the policy period is extended Your members are also insureds, but only with after issuance for an additional period of less than 12 respect to their duties as members of a limited months. In that case, the additional 'period will be liabilitycompany. Your managers are insureds, deemed part of the.last preceding period:for-purposes but only with respect to their duties as your of determining the Limits,of Insurance. ' managers. 1 CG 00 09 10'0T i. ®.ISO Properties,:Inc:, 2000 Page's of 9 ❑ SECTION IV — CONDITIONS • 1. Bankruptcy Bankruptcy or.insolvency of the insured or,of the insured's estate will not relieve us of our obliga- tions under this Coverage. part... 2. Cancellation a. The first'Named Insured shown in the Declara- • -tions may cancel this policy by mailing or deliv- •--eying to us advance written notice of cancella- tion. • b. We may,cancel this policy by mailing or deliver- ing to the first Named Insured -and the 'contractor' written notice of cancellation at • least: (1)10 days before the effective date of cancel- lation if we cancel for non-payment of pre- • ra mium; or ' (2) 30 days before the effective date of cancel- lation if we cancel for any other reason. c.' We, will mail or deliver.our. notices to the first Named Insured's and the "contractor's" last mailing address known to us. d. Notice of cancellation . will state the effective date of cancellation. The policy period will end on that date. F :e e. If this policy is.cancelled, we will send the "contractor" any premium refund due. If , we lJI;Lcanel the refund will be pro rata.' If the first '`i- Named Insured cancels, the.: refund, may . be less than pro rata. The cancellation will be ef- fective even if we have not made or.offered a refund., f..If notice is.mailed, proof of mailing.will.be suffi- cient proof of notice. 3.. Changes,. _ ;;;; , This' policy contains all the agreements between you, the "contractor" and us concerning the_insur- ance afforded. The first Named -insured shown in the Declarations and ,the, "coh&ractor'•are;author- •;,.ized. to, make, changes ,in . the' terms _of :this policy with our .consek. nt..Ttiis„ policy's, terms. .can,,' be amended or, waived only by endorsententissued by us and made.a part'of this policy. ` 2 ._q..: :.. : .c is t, :�:6r�,... _. 4. Dutfes.InThe Event Of Occurrence,- Claim Or.:, Suit a.,,You must see to it that we are.,0otified as;soon, .as _practicable_of'.an, "occurrence". which, may • result. in a claim,.to.the extent possible,, notice should include: ....., (1) How; when and .where.: the "occurrence" • took:place: ,.. (2)-The'names and addresses of any injured persons and *itnesses; and Page.6 of 9' (3) The ere and location of any injury or damage arising out of the "occurrence". b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the :specifics of the claim or"suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim ore"suit' as.soon as'practica- ble. .. ' c. You and any other involved insured must: (1) Immediately send us copies of any de- mands,''notices, summonses or legal pa- pers:received in connection with the claim or "suit" . (2) Authorize us to obtain records and other information; I . (3) Cooperate with us in. the 'investigation or settlement of the claim or defense against the "suit'; and :. (4). Assist us, . upon our.: request; in the, en- �-.forcement of any right against -any person or ,. organization which: may be liable to- the in- •-•-.sured because of injury or damage to which this insurance may also apply.:. .. ' - d. No insured will, except at that insured's own cost, voluntarily *make a payment, assume any obligation, or -incur any expense, other than for first aid, without our consent.-- t 5. -Examination Of Your Books y. And Records We may,examine.and audit your books and .rec- ords as well as the "contractor's" books and ,rec- ords as they relate to this policy at any time during the policy'period'and up to three years afterward. 6. Inspections And Surveys a. We have the right to (1) -Make inspections and surveys at any time; (2) Give you reports on the conditions we find; and' .• . •.1... _,-. (3) Recommend changes ',`-t .4 ri : b We,are%not obligated to make any inspections, surveys, reports or recommendations and any such actions. we do undertake relate only:to in - .curability and the.premiums to be charged. We do hot.make safety.inspections. Wdo-not un- ,.dertake;to perform the.:duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that cohditions: i'. (1) Are safeor healthful; or. - (2) • Comply with laws, regulations, codes or standards: .. _ .r;... : • ; c .:.I; ® ISO Properties,:lnc:, `2000 CG 00091001 C •1 •1 c. Paragraphs a. and b. of_ttcondition apply;not only to us; but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommeri'dations. d; Paragraph b. of this condition does not apply to •any; Snspections,. surveys, reportsl or recom- mendations we may make relative to certifica- tion', under state or-4municipal statutes, ordi- s narices t'oi : regulations,': of boilers, pressure vessels or elevators. ='<' 7. Legal -Action Against Us No person or. organization_ has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a"suit" asking for damages from an insured; or b. To sue us on this Coverage Part:unless all of its terms have.been.fully complied with. .%%•;,A person or.organization may sue.us•to,recover on an agreed settlement or on,. -a final judgment against an, insured; but, we-.wilL.not.. be liable for damages that are ;not payable under :the terms of this Coverage Part or that are; in: excess. of the applicable limit of insurance., An agreed -settlement means a settlement and release of liability signed by us, the insure'd'2nd the claimant or the claim- ant's legal representative--:. 8: Other Insurance The insurance afforded- by iliis Coverage Part is primary insurance and we will notseek contribution .from. any. other_insurance available to. you -unless the' other,insurnce is • provided, by a ;contractor • other than-the`designated „'contracto( for the same operatioh and job location designated in the DeclarationsThen we will share with that other in- surance'by the method described'below: • If all of the other inurance p sermits: contribution by equal shares, we will follow this method also. Un- =.dee this approach, each= insurefcohtributesejual ')'amounts'Until it h'as paid its applicable limit'of in- surance or none of -the' loss 'remafhswhichever ,., Come5'f rstg : .L:.•;: r,s n -.9r` ..,1 ?.,t- If any df•the other insurance does hot permit con- tribution by equal shares; we will contribute by lim- Bits: Under'this°method,"each-'insurer's share is based on the ratio of its applicable limit ofoihsur- ance to the total applicable-limits:of insurance of,all insurers. 9. 'Premiums The "contractorn:' a. Is responsible for the payment'of all premiums; and b. Will be the payee for any return premiums we pay. l CGA0v09 .00t 10. Premium AuS a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. .. . b. Premium shown -in -this Coverage Part as. ad- -vance premium is.a,deposit,premium only. At the close of each;audit, period we will compute the earned premium for that period and send notice_ to the "contractor". The. due date . fo; audit and retrospective premiums is the date shown as the due date on the bill` If the sum of the advance and audit premiums paid for the policy period. is greater than the earned pre- miuin, we will return the excess to the "contractor". c. The "contractor" 'must keep records of the 'information we need for premium computation, and send us copies at such times as we may • request. 11. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies; a. As if each Named Insured were-. the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. ' 12. Transfer Of Rights Of RecoveryAgainst Others To U§ -If the insured has rights to recover all;or part of any payment we have made under this Coverage Part those ' rights '• are -transferred to 'us.' The insured • must do nothing after loss to impair'them At our request, the insured will bring "suit" of transfer those rights to us and helpps enforce them. ., 13. When We Do Not Renew, lf•we decide notto'rehew this Coverage Part; we will mail' or deliver to the first Named -Insured shown'hi 'th&DDecl'arations`written'notice -of the nonre.newal'"notlessthan 30 days before the:expi- ;,,rationdate. «,- ,,,.. _r. ui If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V'-' DEFINITIONS `''r' 1. "Auto" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads,`including 'y any attached machinery or equipment;' But "auto" does not include "mobile equipment'. 2. "Bodily injury"•`means' bodily injury -1 sickness or disease sustained by a person, including death re- sulting from any of these at any time. ®,ISO, Properties,. Inc, c2000 Page,7 of 9 ❑ 3. "Contractor" means the contractor designated in the Declarations. 4. "Employee" ' includes -. a "leased worker'. "Employee" does not include a "temporaryworker'. 5. "Executive officer" means a person holding any of the officer positions created by your charter, consti- tution, by-laws or any. other similar governing document. 6. "Hostile fire" means one which becornes uncontrol- lable or breaks out from where it was intended to be. 7. "Impaired property" means tangible property, other than.work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, in- adequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The' repair, replacement, adjustment or re- moval of the work performed for you; or: - b. Your fulfilling the terms of the contract or agreement. - .. 8. "Insured contract' means: a. A lease of premises;, ' b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition .op- .1- eratipns on or within 50, feet of a railroad; _- d. -An • obligation, :as,,required, by: ordinance, to indemnify a municipality, .except in connection with work fora municipality.or .,, e.' An elevator maintenance agreement. 9. "Leased worker" means a'persori leased to' you by a labor leasing- firm,under-an,agreement between you, and, the labor leasing firm, -t0 perform duties related to the conduct of your, business. ."Leased worker" does not include a "temporary worker", 10."Mobile equipment' means any of :the following • types of land vehicles, including any attached ma- chinery or equipment: ' a. Bulldozers, `farm machinery, forklifts and other vehicles designed for use principally off public toads;,: • b. Vehicles maintained for use. solely on or next to premises,you own or rent; C. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- • tained primarily to provide mobility toperma- nently mounted: • (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in:a., b.,.c..or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently at- tached equipment of the following types: (1). Air compressors, pumps and generators, including spraying, welding: building clean- ing, geophysical exploration, lighting and rwell servicing equipment; or (2) Cherry pickers and similar device's used to . raise or lower workers; - f. Vehicles not described in a., b., c:'or d. above maintained primarily for purposes other than the transportation of persons or cargo.. However; self-propelled vehicles with'the fol- lowing types of permanently attached `equip- • ment are not "mobile equipment" but will be 'consideied "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or, .:__ _ . -(c) Streetcleaning;�; •''(2); Cherry pickers and'similar: devices mounted automobile or truck chassis and' u� to raise or lower workers; 'and '' `" (3) Air compressors, .pumps. and; generators, including z.spraying, welding building clean- ing, geophysical exploration, lighting and well seicipg equipment. : 11."Oc..currence°_means an accident,. including, con- :, tinuous or. repeated. exposure to .substantiallysthe sarpe•general harmful conditions.; 12."Pollutants" mean any solid, liquid, !gaseous or thermal irritant,,or contaminant,••including. smoke, vapor, soot, -fumes acids; alkaljs,�chemicals,and waste. ;Waste includes materials ..o be recycled, reconditioned or reclaimed.; ;,, 13."Property damage"means: =" a. Physical injury to tangible property, including all resulting loss of use of that propefty)•All such loss of use shall be deemed to,occur;at,the time of the physical injury that caused it; or (I ❑l Page 8 of 9 ® ISO Properties, ln2. 02000 CG 00.09'10 O1 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from, computer software, including systems and applica- tions software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 14."Suit' means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico or Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages. are claimed and to which the insured submits with our con- sent. 15."Temporary worker" means a person who is fur- nished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 16.'Work" includes materials, parts or equipment furnished in connection with the operations. CG 00 09 10 01 O ISO Properties, Inc., 2000 Page 9 of 9 i I COMMERCIAL GENERAL LIABILITY CG 29 23 11 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph e. of the Cancellation Condition is B. The following is added to the Cancellation Condi- replaced by the following: Lion (Section IV): e. (1) If this policy is cancelled, we will send the g. Cancellation of Policies in Effect More Than "contractor" any premium refund due. 60 Days. (2) We will refund the pro rata unearned pre- (1) If this policy has been in effect more than 60 mium if the policy is: days or is a renewal policy, we may cancel (a) Cancelled by us or at our request; only for one or more of the following rea- (b) Cancelled but rewritten with us or in our sons: company group; (a) Nonpayment of premium; (c) Cancelled because you no longer have (b) Fraud or material misrepresentation an insurable interest in the property or made by you or with your knowledge in business operation that is the subject of obtaining the policy, continuing the policy this insurance; or or in presenting a claim under the policy; (d) Cancelled after the first year of a prepaid (c) The occurrence of a material change in policy that was written for a term of more the risk which substantially increases than one year. any hazard insured against after policy (3) If the policy is cancelled at the request of issuance; the first Named Insured or the "contractor", Violation (d) Violation of any local fire, health, safety, other than a cancellation described in (2) or construction regulation or or - building e9 (b), (c) or (d) above, we will refund 90% of dinance with respect to any insured the pro rata unearned premium. However, property or its occupancy which sub - the refund will be less than 90% of the pro stantially increases any hazard insured rata unearned premium if the refund of such against under the policy; amount would reduce the premium retained (e) Nonpayment of membership dues in by us to an amount less than the minimum those cases where our by-laws, agree - premium for this policy. ments or other legal instruments require (4) The cancellation will be effective even if we payment as a condition of the issuance have not made or offered a refund, and maintenance of the policy; or (5) If the first Named Insured or the "contractor" (f) A material violation of a material provi- cancels this policy, we will retain the mini- sion of the policy. mum premium shown in the Schedule. CG 29 2311 01 ® ISO Properties, Inc., 2001 Pagel of 2 1] COMMERCIAL GENERAL LIABILITY • CG 29 51 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, EMPLOYMENT -RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGES - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Cover- ages): This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, -reassignment, discipline, defamation, harassment, humiliation or dis- crimination directed at that person: or (2) The spouse; child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment - related practices described in paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an em- ployer or in any other capacity; and (2) To any obligation to share damages with or re- pay someone else who must pay damages be- cause of the injury. CG 29 51 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 0 0 COMMERCIAL GENERAL LIABILITY CG 00 63 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The War Exclusion under Paragraph 2., Exclusions of Section I — Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: WAR "Bodily injuryor "property damage", however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war, or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. CG 00 63 12 02 ® ISO Properties, Inc., 2002 Page 1 of 1 O • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT INCLUDING HOSTILE FILE This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. Under SECTION I - COVERAGES, 2. Exclusions, item j. is deleted and replaced by the following: This insurance does not apply to: j. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". Paragraphs (1) and (2) do not apply to "bodily injury" or "property° damage arising out of heat, smoke, or fumes from hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Pollution means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1994 CG 70 83 09 98 IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does -not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En- ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nu- clear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its ter- mination upon exhaustion of its limit of li- ability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. - B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of.the opera- tion of a "nuclear facility" --by any person or or- ganization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, trans- ported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its ter- ritories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. IL 00 21 07:02 © ISO Properties,: Inc,, 2001 _ ; =.,; ? . Page 1 of 2 C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIVACY PROTECTION CONDITION This endorsement modifies the following: COMMON POLICY CONDITIONS The COMMON POLICY CONDITIONS is modified to include the following additional Condition: Privacy Protection a. This policy provides that you will report claims to us as soon as practicable and will cooperate with us in the investigation and settlement of claims. To enable you to assist us in the claim handling process we, or our independent agent, may share certain information with you. This information may be Confidential Information. Confidential Information means non-public personal information. This information will be shared solely for the purpose of helping to effect, administer or enforce rights and benefits payable or recoverable under this policy. b. You agree to use such Confidential Information solely to perform the services and obligations required under this policy. You will not use Confidential Information for any other purpose. You will use information shared to: (1) work with us to develop settlement or litigation strategies on your behalf. (2) detect and investigate any suspected fraud. (3) support our safety, loss prevention, and case management programs. Case management includes utilization review, disability management, return to work, and light duty programs. (4) check your premium charges and billings for accuracy. (5) monitor our claim handling practices for quality assurance, quality improvement and performance evaluation purposes. (6) report to us any information that may contribute to the fair and final resolution of all claims. You specifically agree not to use any Confidential Information to market your products or services. You will also not use Confidential Information to make personnel or employment related decisions. c. You agree to protect the privacy of Confidential Information. You will not share Confidential Information, either directly or indirectly with any third party, except as may be allowed by law. You will share Confidential Information only with your employees who have a need for such information to perform their duties under this policy. If you need to disclose any Confidential Information to a third party in order to perform your duties under this policy, you will first get our written consent. You will then enter into a confidentiality agreement with such third party. Under that confidentiality agreement such third party must be restricted from disclosing, using or copying Confidential Information, except as consistent with this policy. Nothing in this endorsement shall affect the coverage provided by this policy. Provided, however, if permitted by law, we may cancel your policy in the event you use or disclose Confidential Information other than as provided in this endorsement or permitted by law. IL 70 27 07 01 QUICK REFERENCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART READ YOUR POLICY CAREFULLY The Owners and Contractors Protective Liability Coverage Part in your policy consists of Declarations, a Coverage Form (CG 00 09) and Endorsements, if applicable. Following is a Quick Reference indexing of the principal provisions contained in each of the components making up the Coverage Part, listed in sequential order, except for the provisions in the Declarations which may not be in the sequence shown. DECLARATIONS Named Insured and Mailing Address Policy Period Designation of Contractor Location of Covered Operations Limits of Insurance Description of Business Forms and Endorsements applying to the Coverage Part at time of issue. COVERAGE FORM SECTION I - COVERAGES - BODILY INJURY AND PROPERTY DAMAGE LIABILITY Insuring Agreement Exclusions Supplementary Payments SECTION II - WHO IS AN INSURED SECTION III - LIMITS OF INSURANCE SECTION IV - CONDITIONS Bankruptcy Cancellation Changes Duties in the Event of Occurrence, Claim or Loss Examination of Your Books and Records Inspections and Surveys Legal Action Against Us Other Insurance Premiums Premium Audit Separation of Insureds Transfer of Rights of Recovery Against Others to Us SECTION V - DEFINITIONS ENDORSEMENTS (If Any) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984. M 10 80 0193 IL 01 99 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - ARKANSAS CHANGES - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We will be entitled to recovery only after the insured ("insured") has been fully compensated for the loss or damage sustained, including expenses incurred in obtaining full compensation for the loss or damage. IL 01 99 07 02 ® ISO Properties, Inc., 2001 Page 1 of 1 O FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Chris Bosch Fire Department i From: Clarice Buffalohead-Pearman` City Clerk Division Date: April 8, 2004 Re: Resolution 36-04 Attached is a copy of the above resolution passed by the City Council, March 16, 2004, approving a contract with VEI General Contractors, Inc. for the construction of the Rupple Road fire station. I have attached a copy of the contract and the budget adjustment. This resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor Barbara Fell, Budget & Research COMMON POLICY DECLARATIONS AMERISURE MUTUAL INSURANCE COMPANY Date of Issuing First POLICY NUMBER Renewal of Dist:lndiv. Producer Issue Office Year GL 2019350000000 NEW 335416-150 THE CASHION CO 04/07/04 54 2004 Direct Bill No: Account No: 11065410 Group Code Form of Business Servicing Offices Named Insured and Mailing Address ❑ CITY OF FAYETTEVILLE CONTRACTOR: ❑ Individual Cortnership 54 ATTN: MR. COY HURD VEI GENERAL CONTRACTORS INC ® enon 113 WEST MOUNTAIN P0 BOX 1032 Joint Venture re FAYETTEVILLE, AR 72701 RUSSELLVILLE, AR 72811 ❑ Policy Period Named Insured's Business Premium Amount Due Audit Period From 03/26/04 to 03/26/05 at 12:01 A.M. standard time at your mailing address shown above CONTRACTOR $776. N/A IN RETURN FOR THE PAYMENT OF PREMIUM, AND SUBJECT TO ALL THE TERMS OF THE POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THE POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Boiler and Machinery Coverage Part Commercial Auto Coverage Part Commercial Crime Coverage Part Commercial General Liability Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Coverage Part Owners & Contractors Protective Liability $776. TOTAL $776. Forms applicable to all Coverage Parts: THE C,ASI�MPANY, INC. Countersigned by By- Authorizedepresen a ve M-205 (Rev. 09-00) JERISURE INSURANCE COMPANIEr RUN DATE : 04/07/04 INSTALLMENT SCHEDULE RUN TIME : 22.06 INSURED'S COPY THE CASHION CO., INC. P.O. BOX 550 LITTLE ROCK,AR 72203 Agency No : 33-5416 Bill Account : 763-797-713 BAE Id : CLS 000009898 2004-04-07 Coverage Effective Date : 03/26/04 Insured Name : CITY OF FAYETTEVILLE Credit Rep : KIMBERLY WILLIAMS Contact Number : 800-789-3159 ATTN: MR. COY HURD Pay Plan : AGY FULL Policy Mod Co Effective Gross Policy No No Cd Date Premium -------------------- ------------------------------------------ GL-2019350 00 02 03/26/04 776.00 Bill Gross Installment Month Amount -------------------------------------------------------------------------------- 1 04/04 776.00 THE INSURED.'S PREMIUM IS DUE NO LATER THAN 45 DAYS FOLLOWING CLOSE OF THE BILL MONTH 34-2010/34-2025 • 0 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART DECLARATIONS PAGE POLICY NO. GL 2019350000000 EFFECTIVE DATE: 03/26/04 NAMED INSURED CITY OF FAYETTEVILLE LIMITS OF INSURANCE AGGREGATE LIMIT EACH OCCURRENCE DESIGNATION OF CONTRACTOR: $2,000,000 $1,000,000 VEI GENERAL CONTRACTORS, INC. MAILING ADDRESS: - PO BOX 1032 RUSSELLVILLE, AR 72811 LOCATION OF COVERED OPERATIONS: NEW FAYETTEVILLE FIRE STATION NO. 7, 635 NORTH RUPPLE ROAD FAYETTEVILLE. AR CLASSIFICATIONS DESCRIPTION RATE PER ADVANCE CODE I PREMIUM BASE I $1,000 OF COST PREMIUM CONSTRUCTION OPERATIONS - OWNER 16292 $1,340,100 .579 (NOT RAILROADS) - EXCLUDING $77 6. OPERATIONS FORMS APPLICABLE IL 0021 0702 - BROAD FORM NUCLEAR EXCLUSION CG 21 70 11 02, CG 21 76 11 02, CG 31 31 04 02, CG 70 42 04 03, AN 10 89 04 03, IL 01 99 07 02, M 10 85 06 00, IL 70 27 07 01, IL 70 39 11 02, AN 10 86 11 02, CG 00 09 10 01, CG 29 23 11 01, CG 29 51 01 96, M 10 80 01 93, CG 70 83 09 98, CG 00 63 12 02, CG 20 31 01 96 M-202 07 87 POLICYHOLDER DISCLOSURE • NOTICE OF TERRORISM INSURANCE COVERAGE COVERAGE FOR ACTS OF TERRORISM IS INCLUDED IN YOUR POLICY OR QUOTATION. YOU SHOULD KNOW THAT ANY LOSS CAUSED BY CERTIFIED ACTS OF TERRORISM WOULD BE PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES PAYS 90% OF COVERED TERRORISM LOSSES THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PORTION OF YOUR ANNUAL PREMIUM THAT IS ATTRIBUTABLE TO COVERAGE FOR ACTS OF TERRORISM IS: $ WAIVED * AMERISURE MUTUAL INSURANCE COMPANY POLICY NUMBER NAMED INSURED: `QAILING ADDRESS POLICY PERIOD: GL 2019350000000 CITY OF FAYETTEVILLE ATTN: MR. COY HURD 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 FROM 03/26/2004 TO 03/26/2005 k THE PREMIUM CHARGE FOR THIS NEW COVERAGE FOR THIS POLICY PERIOD HAS SEEN WAIVED SINCE THE RATING FORMULA IS STILL UNDER DEVELOPMENT. WE HAVE PROVIDED (OR WILL PROVIDE AS SOON AS THEY BECOME AVAILABLE) A.DDITIONAL FORMS IMPLEMENTING THE TERMS OF THE TERRORISM COVERAGE. IL 70 39 11 02 EXPLANATORY NOTE RE: FEDERAL TERRORISM COVERAGE We have included a "POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM" Form IL 70 39 11 02 with your policy or quotation. (If your policy or quotation was not issued with this notice, we are providing it now.) As you may know, the President signed the Terrorism Risk Insurance Act of 2002 into law on November 26, 2002. This Act establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. The Act provides that, to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. The Act further stipulates that we make certain terrorism coverage available to you and that we provide you with certain notifications. Please read the Disclosure Notice for details. Please be aware that, only after Amerisure has made terrorism claim payments to insureds that exceed a substantial deductible, ranging from 7% to 15% of our direct earned premiums, will the federal government reimburse Amerisure for 90% of the payments in excess of the deductible. If you wish an explanation of the nature of the terrorism coverage provided by the Act, please contact your Agent. We have provided (or will provide you as soon as they are developed) with appropriate additional implementing terrorism coverage forms in response to this Act. These forms place a "cap" on losses from certified acts of terrorism as provided in the Act or subsequent acts and for some policies, as respects liability coverages, exclude punitive damages related to a certified act of terrorism. Please also be aware that future policies will be subject to a terrorism premium charge (you will be able to reject the terrorism coverage and premium at that time) and that they may be subject to a surcharge to repay the Federal government a portion of any reimbursements it makes to insurers for terrorism claim payments. AN 10 8611 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY With respect to any one or more "certified act of terrorism", we will not pay any amounts for which we are not responsible under the terms of the federal Terrorism Risk Insurance Act of 2002 (including subsequent acts of Congress pursuant to the Act) due to the application of any clause which results in a cap on our liability for payments for terrorism losses. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria fora "certified act of terrorism". The act resulted in aggregate losses in excess of $5 million; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21 70 11 02 © ISO Properties, Inc. 2002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM PUNITIVE DAMAGES Damages arising, directly or indirectly, out of a "certified act of terrorism" that are awarded as punitive damages. B. The following definition is added: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism". The act resulted in aggregate losses in excess of $5 million; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21 76 11 02 ® ISO Properties, Inc. 2002 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. This insurance does not apply to: ASBESTOS "Bodily Injury" or "Personal and Advertising injury" or "Property Damage" arising out of (1) The removal, replacement, repair, enclosure or encapsulation of asbestos from any building or structure; (2) The use, manufacture, transportation, removal, storage or disposal of asbestos orany substance, goods, products or structures containing asbestos; or (3) The inhalation, ingestion or absorption of asbestos by any person, including any prolonged or repeated exposure to asbestos. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2002 CG 70 42 04 03 COMMERCIAL GENERAL LIABILITY CG 20 31 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured any architect, engineer or surveyor engaged by you but only with respect to liability arising out of your premises or ongoing operations performed by you or on your behalf. B. The following exclusion is added to paragraph 2., Exclusions in COVERAGES (Section I): The insurance with respect to such architects, engineers or surveyors described in paragraph A. above does not apply to "bodily injury" or "property damage" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings. opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. WITTENBERG, DELONY & DAVIDSON, INC. 2434 EAST JOYCE BOULEVARD, SUITE 10 FAYETTEVILLE, AR 72703 CG 20 31 01 96 Copyright, Insurance Services Qffice, Inc., 1994 Page 1 of 1 O AMERISURE MUTUAL INSURANCE COMPANY 26777 Halsted Road, Farmington Hills, MI 48333-2060 Phone 1-800-257-1900 ASSIGNMENT Assignment of this policy is valid only with the written consent of this Company. POLICY CONTENT This policy is made and accepted subject to the foregoing provisions and stipulations and those which follow. These provisions, in addition to those added by amendment or endorsement are a part of this policy. This policy consists of the Common Policy Declarations, Coverage Parts and endorsements listed in that Declarations form. In return for the payment of the premium, the Company agrees with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. MUTUAL POLICY CONDITIONS This policy is non -assessable. You are a member of the Company. Members participate in the distribution of dividends to the extent and upon the conditions fixed and determined by the Board of Directors. Such distribution will be made in accordance with the law. IN WITNESS WHEREOF, the Company has executed and attested to these provisions. This policy is not valid unless countersigned on the Declarations page by our authorized representative. The insured is notified that by virtue of this policy, he/she is a member of the Amerisure Mutual Insurance Company of Farmington Hills, Michigan. Members are entitled to vote either in person or by proxy at Company meetings. Annual meetings are held on the second Thursday of May each year at 10:30 A.M. at the Home Office in Farmington Hills, MI or at such other place in the city of Farmington Hills, to which members may adjourn such meeting. Secretary M 10 85 06 00 President fl GENERAL LIABILITY NOTICE TO POLICYHOLDERS RESTRICTIONS OF COVERAGE CL-2002-OWLEI - WAR LIABILITY EXCLUSION ENDORSEMENTS This notice has been prepared in conjunction with the implementation of changes to your policy. It contains a brief synopsis of any significant restrictions of coverage that were made in each policy form and endorsement. The endorsements below replace the current war exclusion to expand beyond contractually assumed liabilities and medical payments or inboduca a war exclusion in forms which did not contain one. Please read your policy, and the endorsements attached to your policy, carefully CG 00 6212 02 - War Liability Exclusion (Commercial General Liability Coverage Part) When this endorsement is attached to your policy, coverage is restricted to exclude bodily injury, property damage, or personal and advertising injury, however caused, arising, directly or indirectly, out of: war, including undeclared or civil war, warlike action by a military force; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. A specific Medical Payments Exclusion is no longer needed in the policy due to the fact that they are now subject to Exclusion g. of paragraph 2. Exclusions of Section I - Coverage C - Medical Payments, which are now excluded under Coverage A CG 00 6312 02 - War Liability Exclusion (Owners and Contractors Protective Liability Coverage Part and Products/Completed Operations Liability Coverage Part) When this endorsement is attached to your policy, coverage is restricted to exclude bodily injury or property damage, however caused, arising, directly or indirectly, out of war, including undeclared or civil war, warlike action by a military force; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. CG 00 64 12 02 - War Liability Exclusion (Liquor Liability Coverage Part, Pollution Liability Coverage Part, Railroad Protective Liability Coverage Part, and Underground Storage Tank Policy) When this endorsement is attached to your policy, a war exclusion is added to exclude injury or damage, however caused, arising, directly or indirectly, out of: war, including undeclared or civil war, warlike action by a military force; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insurance Services Office, Inc., 2003 AN 10 89 04 03 C COMMERCIAL GENERAL LIABILITY CG 3131 04 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART • A. The following exclusion is added to Paragraph 2., b. Any loss, cost or expenses arising out of the Exclusions of Section I — Coverages — Bodily abating, testing for, monitoring, cleaning up, Injury And Property Damage Liability: removing, containing, treating, detoxifying, 2. Exclusions neutralizing, remediating or disposing of, or in any way responding to, or assessing the This insurance does not apply to: effects of, "fungi" or bacteria, by any insured Fungi or Bacteria or by any other person or entity. a. "Bodily injury' or "property damage" which This exclusion does not apply to any "fungi" or would not have occurred, in whole or in part, bacteria that are, are on, or are contained in, a but for the actual, alleged or threatened in- good or product intended for consumption. halation of, ingestion of, contact with, expo- B. The following definition is added to the Definitions sure to, existence of, or presence of, any Section: "fungi" or bacteria on or within a building or structure, including its contents, regardless "Fungi" means any type or form of fungus, includ- of whether any other cause, event, material ing mold or mildew and any mycotoxins, spores, or product contributed concurrently or in any scents or byproducts produced or released by sequence to such injury or damage. fungi. CG 31 31 0402 ® ISO Properties, Inc., 2001 Page 1 of 1 O • .CAERCIAL GENERAL LIABILITY •y...' , .CG 00 09 10 01 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM- COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR - Cr r, - ,. Various provisions of this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage" only if: •_ s"and what is and is nofcovered. (1) The "bodily rnIu ryor „Propedama utre ga „ is Throughout this policy the words you and..your refer caused:.by an "occurrence" and arises out to the Named Insured shown in the Declarations. The -of: words "we", "us" and "our" refer to the Company pro- viding this insurance. (a) Operations ;performed for . you by the "contractor .at.the location specified in The word "insured" means any person or organization the Declarations; or as such udder.Section II — Who Is An In- qualifying - (b) Your -acts or . omissions in connection . sured., . • rrr :. with the general supervision of such op - Other words andephrases that appear.in quotation erations; marks have special meaning. Refer to; Section V — (2) The "bodily injury", or "property damage''. Definitions.}. .: occurs during the policy •p y period; and , -- SECTION I —COVERAGES =s:,• (3) Prior to the, policy period, no. jnsured listed BODILY INJURY AND -PROPERTY DAMAGE: I under Paragraph 1. of Section II — Who Is LIABILITY ;r: An Insured and no "employee" -authorized 1. Insuring Agreement' _c by you '_to give -or receive :notice, of an occurrence or claim, knew that the "bodily .a. We will pay those sums that the insured be- injury" or "property damage" -had occurred, comes legally'obligated to'pay'as damages be- in whole or in part: If such a listed insured or cause.of +'bodily injury", or "property damage" to authorized "employee".;knew,; prior +to•.rthe -which-this i hht and dunsurance to defend thee We e: insured al- have a nst an =.•. •r. policy_ period, that ..the _:'bodily„. injury" or g ty' g y property:darfjage ; occurred,; then any con - "suit" seeking those damages. liowever,,we will tinuation,."chan a or _ resum tion_ of such have no duty to defendthe insured against any bodily'injury''..or'`.properry_a Wage" during "suit' seeking damages-' for injury" or "property;damage" to which this insurance does or after the p'olicyI p&iod will be deemed to pp y y,:.:at, our discretion, investi- have been known prior to the policy period. • ate an "occurrence" and settle an claim or ' c. "Bodily injury"' or ;"property, :damage"'"which not a e ma "suit" that may result. But "" `' occurs duhe policy period and was not, ;.: =• • prior to the polpolicy' period," known to• hive oc- (1) The amount wd..'Will _pay, for damages is )rr 1 curved -by any�insured"listedu'nder Paragraph 1. limited as described" in Section III — Limits -ad ::of• Section II'' Who= Is --An . Insured.;,or any Of Insurah-de;'and" .-= ", :"employee" authorized by ybuto give or receive }�, III ... r : (2) Our right and duty to defend:ends when we notice -of -an "occurrence" of claim; includes any have used up the"applicabie`limit of insur- - continuation' change 'oC resurrfption of that ance in the payment of :judgments or set- i "bodily injury" or"propertydarriage" after the ,tlements.; .: end of the`policy'period.:' No. other obligation or liability to''pay sums or perform acts or.services is covered unless ex- ticitl provided for under -Su lementa Pa P. Y Pr. PP , ry Y ments. E `• :J CO 00 09 10 01. ©ISO Properties, Inc., :2000 Page 1.of 9; O d. "Bodily ,injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured• listed un- der Paragraph 1. of Section II — Who Is An In=, sured or -any "employee", authorized, by you to give or receive notice of an "occurr'ence"=or claim: a:" (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in- surer; .. . (2) Receives a written or verbal demand or -r-.claim for damages because of the "bodily injury" or "property'damage"; or .. (3) Becomes aware by any other means that 'bodily injury' or "property damage" has oc- curred or has begun to occur.. e. Damages because of •"bodily"injury" include damages claimed by.any person or organiza- tion for care,:loss of services or death resulting at any time from the "bodily injury'. 2. 'Exclusions This insurance-does'not apply to a. Expected Orintended Injury "Bodily injury" or "property damage" expected or..intended from the standpoint of the insured. This exclusion does not apply -to "bodily injury" .. resulting from the use"of reasonable force to ,-„protect, persons or property. b.:'Contractual Liability "` .r.: ;, Bodily; injury,,or property: damage for which "the insured: is Iobligated';to pay damages by • reason' of the assumption, of liability in a con - ''u tract'or`agreement.:This;exclusion does not apply to liabilityfordamages:_ _ (1) That the, insured would have in the absence - of the contractor agreement; or„-"`, .;rt o (2). Assumed in a, contract or agreement that is ,.;.an- "insured contract",.. provided the "bodily injury" or "property damage". occurs subse- „-,;;quent-to,,the execution• _of the contract or :agreement. -Solely for,the purposes of liabil- ity..assumpd -in an "insured •contract', rea- sonableattorney fees. and necessary litiga- tion expenses:, incurred ;by;orfor a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute resolution. proceeding in which damages to which this insurance applies are al- c. Work Completed Or Put To IntendedUse "Bodily injury" or "property damage" which oc- curs after the earlier of the following times: (1) When all "work" on the project (other than service, maintenance or repairs) to be per- formed for you by the "contractor" at the site 'of the covered _ operations has been com- • pieted: or :. (2) When that portion of ,.the "contractor's" • 'workout of which the injury or damage arises,`has been put to its intended use'_by any person or organization;' other than an- other contractor or subcontractor working' directly or indirectly for the "contractor" or as partof the same project. r :; d. Acts Or Omissions By You And Your' - Employees "Bodilyinjury"br "property damage" arising:out of your, or your "employees", acts or omissions other than general supervision of "work" per- formed for you by the "contractor". e...Workers' Compensation And, Similar Laws Any obligation'of•the insured under a workers' compensation;*:disability.benefits or unemploy- ment compensation law orany similar law. f. Employer's'Liability._ „- !.'Bodily injury".to:_.: ,, (1) An' "employee" of the insured arising out of •and in the'course of: - 0' (a) Employment by the insured;, or,' . • (b) Performing duties related to the conduct of the insUrdd'sbusiness; orr. (2) The spouse, child; parent;. brother or sister of. that "employee" as,a consequence of Paragraph (1)"above. This exclusion applies:.;. - (1) Whether the insured maybe"liable as an •.r , employer or.in any other: capacity;: and (2) To any''obligation to share darriages with or ' repay someone else who' must pay dam- ages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". Page.2 of.9 ® ISO Properties;: Inc.,' 2000 CG 00 09 10 01 a g. Damage To Property • ' "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person;organization or entity, for • repair, replacement; enhancement, .restora- • tion or maintenance of'such, propeifyfor any 'reason, including prevention- of injury to a person or'damage to mother's property; (2). Property loaned to'you;"- • (3) -Personal 'property in the care,' custody or • control of the insured; or (4) "Work" performed. for .. you ., by the "contractor'. - ; ..,,r h. War „• r"Bodily injury': or "property damage" due to war, whether or not declared, or any act or condition .incident to war.'War includes civil -war, insur- rection, -rebellion• or revolution. This -exclusion applies only to: (1) Liability assumed under an -'insured con- tract"; or .. • (2) Expenses for first aid. I. Mobile Equipment "Bodily injury" or"propertydamage" arising -out of the use of."mobile _equipment" in, or while in practice for,or while'`being,prepared for.,_:any 21 'prearranded"'racing,. -speed;,, demolition, or • " stunting activ)ty. c I. Pollution. ,_. ,,; or (1) "Bodily-.injury".lor,;property damage": arising out -of toe, actual,;allege.d-_orthreatened dis- charge,:dispersal,,seepage� ;migration, re- lease or escape ot;"pollutants" (a) At or from any premises, site. or location which is . or,was at any time owned or ,r- occupied;by,;or„rented'or loaned to, any "' '`'insured 5; However, this subparagraph does notapply to:i 1 ,.. .,o -(I) ;"Bodily. injury" if _ sustained within a • '. :building . and 'causid ° by'_ smoke, =r •` fumes, vapor or'soof from egwpment used to heat that • building '.y?"�. . CI . :..... (ii) "Bodily injury" or "property. -damage" arising out of_ heat, smoke or. fumes 'from a "hostile fire"," (b) At or. from any premises, site orriocation which is, or was :at any .time, ysed by or for any insured or .others. for; :the han- dling, storage, disposal, processing or treatment of waste; - (c) Whi re or were at any time trans- portchandled, stored, treated, dis- posed of, or processed as waste by or • .for: , (i) Any insured; or t. (ii) Any person or organization for whom you.may be legally responsible; or (d) At or from'•any premises, site or location - on which -any insured or any contractors or subcontractors working. directly or in- „` _ directly on anyinsured's behalf are per- forming operations i(the "pollutants" are brought on or to the premises, site or lo- cation in connection with such opera - lions by such insured, contractor or sub- contractor. However;'this subparagraph • = does not apply to: - r3 " " " • (r) Bodiiy� injury : o :9 r_ property damage„ arising out ',of'the escape of fuels, lu- bricants or 'other .operating fluids which are needed, to perform the normal electrical, ,hydraulic or me- chanical functions' necessary for the :operation of "mobile equipment" or • its parts, if -such -fuels, lubricants or otheroperating fluids escape from a vehicle part.designed .to: hold, store or receive them. This exception does - not apply ;if the "bodily ' injury" or "property damage".arises out of the intentional, discharge,., dispersal or " release of the fuels,, lubricants or other operating fluids, or if such fu- " els, lubricants or other operating flu- ids • are brought' on or to the prem- ises, site or location' vvitf9' ihee intent thatthey be discharged;. dispersed or 'r ',r released as:'part: of.the operations being performed , byc such insured, •contractocor subcontractor; . "property -damage" _ (ii) Bodily injury::oc: :G•sustained•:.within :aacbuilding_.and ,; , ..caused .by,.the .,release, ofd gases, J' - fumes _ or.,vapors;from.,.materials brought into ,thatbuilding .ln, connec- r s'..',.:. lion with operati•-.--- ons being, performed by or ion behalf of an;y insured,' or , 1•,.. .y u J .. (iii) "Bodily injury" or. "property damage" °^ arising' out of heat, smoke''or :fumes " - from a hostile fire . :. ❑ I ; CG 00 0910 01. ©ISO Properties, Inc:, 2000 Page 3 of 9I ❑ (e) At or from any prizes, site or location • on which any insured or any contractors • or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in anyway respondtlo;_br assess the ef- fects of "pollutants".: ' (2) Any loss, cost or expense arising out of any: • (a) Request, demand: order or statutory or regulatory requirement that any insured or others test for, monitor„ clean up, re- move, contain,treat, detoxify or neutral- ize, or in any way respond to, or assess the'effects of 'pollutants"; or (b) Claim or suit by:or on behalf of a gov- ernmerttal, authority for damages be- cau`se of.testing for, monitoring, cleaning SUP ; "removing, containing, treating, de- toxifyingor neutralizing, or in any way responding to,. or.:assessing the effects , of "pollutants": : '':However; -this -s paragraph. does not apply to liability.for-damages because of "property -damage" that -the insured would have in the absence of such.request,-demand, order or statutory or regulatory. requirement, or such claim: or "suit'.by,orpn behalf of a govern- mental.authority.: 'ni..: k. Damage To Impaired Property Or Property 'Not Physically Injured- = "Property„damage"1to.:."impaired property" or property that has pot been:physically injured, arising out of: • (1) A.defect,.deficiency, inadequacy or danger- •,.,.ous condition in,"work". performed for you by the "cbntractor'',oe =.: (2) A delay :or failure•`byyou •or anyone acting on-your"behalf to perform "a; contract or :'10 •,-..,, agreement in accordance.with its terms. This exclusion does not a `h to the loss of use of other property;arisingputof sudden and ac- . cidental physical' injury to! 'work„ performed for you by the"contractor". ' - SUPPLEMENTARY PAYMENTS 1. We ; will pay;;with respect to;any claim we investi- gate or settle, or any "suit" ;against an insured we defend:' • a. All expenses we incur. b. Up to $250 for cost of bail bonds required be- cause of accidents or traffic law violations aris- ing out of the use of any vehicle to which this insurance applies. We do not have to furnish these bonds. c. The costwonds to release attachments, but only for bond amounts within the, applicable limit of insurance. We, do not have, to, furnish these bonds: d. • All reasonable. expenses incurred by the in- sured at our request to assist us in. the investi- gation or defense_of the, claim orsuit", includ- ing actual ;loss of. earnings, up:to, $250 a day '.because of, time off from ,work.,.•. . . . e. All costs taxed against the insured in the "suit'. f. Prejudgment interest, awarded, against the insured on that part of,the judgment we pay. If we make an offer to pay the applicable, limit of insurance, we will not pay any prejudgment in- terest based on that period'ofttime after the offer. ;. g. All interest on the full amount.of any judgment ::.!•thataccrues after entry of the judgment and before we have paid, •offered to pay, or depos- :r -iced-in'court the•,partof the-judgment•that is within the applicable limit of insurance._; h. Expenses incurred by the insured for first aid administered to others at the time:of an acci- dent, for "bodily injury" to which this insurance applies. -' These payments will not reduce the limits of insur- once:)_: ::..... ::... fl .once:)_:. - If we defend an,iinsured againsta ."suit"1,and an indemnitee of the.insured is also.named:as.a party to the "suit, we will defend that inderpnitee�if all of ,. ., ..u...:. the following conditions are met:' a. The "suit' against the indemnitee seeks dam - ;'ages for which the• insured has assumed the li- ability of the•indemnitee in'a'contracf or agree - merit that is alt insured contract- r:, C. b. This insurance applies to such liability assumed by -the insured; ,6c: The obligation to defend; or, th e cost ,of the "defense of,_that indemnitee, ;has also been as- sumed by the 'insuredin the:'same "insured contract' ..r"'; cat:': 1. 'b_ , .ii .• idr:The:allegations'in the "suit° and the information ,We.knoW atioutthe "occurrence" are such that nd conflict ;appears to. exist between the inter- ests of the insured"and•the"interests of the in- demnitee;-. " ;.: e. The indemnitee and the insured ask us to con- duct and control the•defense'of that indemnitee 'against such" 'suit' and agree that we can as- sign the same counsel-to'tdefend the insured and"the indemnitee; and , Page 4 of 9 ® ISO Properties,•Inc,'.2000 - CG 00091001' I Li L■ f. The indemnitee: . • (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit": (b) Immediately send us copies of any de- • mands, notices, summonses or legal papers received in,connection with the "suit"; - (c) Notify any other insurer whose coverage is available to the indemnitee; and • (d) Cooperate with us with respect to coor- dinating other applicable , insurance available to the indemnitee; and (2)"Provides us with written authorization to: (a) Obtain records and other information related to the "suit" and (b) Conduct and control the defense of the indemnitee in such "suit". - So' long as the above- conditions are met, attorneys fees incurred by us in the defense of that indemni- tee; necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supple- mentary. Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — • Bodily Injury And Property Damage Liability, such payments will..not be deemed .to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. . ,. Our obligation.to defend an insured's indemnitee and to pay for attorneys fees and necessary litiga- -tion•expenses as Supplementary Payments ends when: a. We have used up the applicable limit`of insur- ance in the payment of judgments or settle- ments; or b. The conditions set forth above; or the terms of .r. -'the:. agreement .described in -Paragraph f. above, are no longer met. . SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: •'a.; An individual, 'you and your :spouse, are . in- sureds:: ' b. A` partnership or'joint venture, you are an in- • sured: Your members; your partners, and their spouses are also insureds," but'only 'with re- spect;to their duties as partners or members of a joint venture. „ . , c." A limited liability company, you are an insured. Your members are also insureds, but only with respect to their duties as members of a`limited pliability company. Your managers are insureds, but only with respect to their duties as your managers. CG 00 09 10 01 d. An organizan other than a. partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds; but only with respect to their du- ties' as your officers or directors: Your stock- holders are also insureds, but onlywith respect to their liability as stockholders. - - 2. Each of the following is also an. insured:. a. Any person (other than your"employee")ror any organization while acting as your real' estate manager. b. Any person or organization having' proper tem- porary custody bf your property if you die, but only: . (1) With respect to liability arising out of the maintenance or use of that property;.and (2) Until your legal representative has been appointed. .. ..... c. Your legal representative if you -die, but only with respect to duties as such. That represen- -"tative will have all your rights and duties under this Coverage Part.' No person or organization is an insured with respect to the conduct "of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 'r 1 1. The Limits, of Insurancevshown.in the Declarations andthe rules below fix the most we. will pay regard- less of.the number of:,.' a.• Insureds; ;., ; b. Claims made or "suits" brought; or • �'" c.• - . cPersons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for the • sum of damages because of all "bodily injury" and "property:damage".. .:u :::.. , . 3. Subject to 2.. above; the Each'Occurrence Limit is "the' most we will pay for the sum'•of'daniages be - "cause of all "bodily injury"and "property damage" arising out of anyone "occurrence . If you designate ;more than one project in the Declara- tions, the Aggregate Limit, shall apply ,separately to each project. .., •J�..n. .:: , 3147, c ;It The Limits of insurance Pail of this Coverage Pa apply separately-toeach `consecutive' annual period and to any remaining.peiod of. less than 12 months, starting with the' beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an'additional period of less than 12 months. In that case, the additional -period will be deemed part of the.last preceding period -for. purposes of determining the Limits.of Insurance. ' ® ISO Properties;inc., 200O Page5of9 O SECTION IV - CONDITIONS • 1. -Bankruptcy r' Bankruptcy or.insolvency of the insured or,of the insured's estate will not relieve; us of our obliga- tions under this Coverage art.. 2. Cancellation a. The firstNamed Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. - b. We may cancel this policy by mailing or deliver- ing to the first Named .Insured sand the "contractor' written notice of cancellation at least: (1) 10 days before the effective date of cancel- lation if we cancel for non-payment of pre- mium; or (2) 30 days before the effective dateJof cancel- lation if we cancel for any other reason. ..:. c. We• will mail, or delivec.our, notices to the first Named Insured's and the "contractor's" last mailing address known to us. d. Notice -of. cancellationwill state the effective .. .. date of cancellation. The policy..,period will end on that date. e. If this policy is cancelled, we will send• the "contractor' any premium refund due. If.we cancel, the refund will be pro rata.' If the first Named Insured cancels, the refund may be less than pro rata. The caricellation will be ef- fective even if we have not made or..:offered a refund.,,. r-; ; :c' .. . f. .If notice is mailed, proof.of mailing.will.be suffi- cient proof of notice. ... 3.. Changes. = ar,.:, „.- This.policy.contains all the agreements between you, the "contractor" and us concerning the_insur- ance afforded.. The first. Named Insured shown in the; Declarations and the. "contractor'...are;author- ;.ized,to. make ,changesm the'tgrms.of :this ;policy with our consent.„TFiis; - policy -s terms don,. be amended or_ waived only by endorsembnt'.issued by us and rriade`a part of this polidy.'1 4. Duties InThe Event Of Occurrence,'Claim Or- Suit a..,You must see .to it that we are.potified as. soon, • ..,.as practicable_ofIan "occurrence",.which_ may • result, in a claim..To.the extent possible, notice • , should include: ' (1) How, when and ;where.: the "occurrence" ;:took:place;' is ..:. . (2) Th'e names' and addresses of any'injured persons and ''witnesses; and Page 6 of:9' (3) The re and location of -any injury or damag arising out of the "occurrence". b. .11 a claim is made or "suit" is brought against any insured, you must: (1) Immediately •record the specifics of the claim orsuit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or -."suit" as soon as' practica- ble. c. You and any other involved insured must: (1) Immediately send us copies' of any de- mands, -,notices, summonses or legal pa- pers:received in -connection with'the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with _us in.. the investigation or settlement of the claim or defense against the "suit"; and (4). AssistI. us, s. upon -our... request: in the : en- • •r.forcement of any right against -any. person or ' organization•whichu may be. liable to the in- sured because of injury or damage to which this insurance may. also apply.:. : d. No insured will, except at that insured' I own cost, voluntarily"make a payment, assume any obligation, or-lncur any expense, other than for first aid, without our consent - S.' Examination Of Your Book's And Records We may examine and, audit your. books and. rec- ..,_ , .. ords as well as the "contractors" books and ,rec- ords as they relate to this policy at any time during the policy'period and up to three years afterward. 6. Inspections And Surveys ` a., We: havethe;right.to :, .. ...,,, (1)=Make inspections and surveys at any: time; (2) Give you reports on the conditions we find; and 5:i .. 1.• (3) Recommend changes :.;t .= :'•.J' br We are'not obligated to make any: inspections, surveys, reports or recommendations and any such actions we do undertake relate. only:to in- • .surability and thepremiums to be•charged. We do not make safety,inspections. We. do, not un- dertake to perform the duty of any.person or organization to provide for the health or safety of workers or the public. And we donot warrant _ that conditions: '` -(1) Are safe or healthful;.or. _ (2) • Comply with laws; regulations; codes or standards: ® ISO Properties;inc',; 2000 C CG 00 09 10 01- 0 c. Paragraphs.a. and b. of_t condition apply:not only to us; but also to any rating,. advisory, rate service or similar organization which makes in- _-;suranceinspections, surveys, reports or rec- ominendations. -' d._ Paragraph b. of this condition does not apply to any, jnspectioris,. surveys, reports, or recom- mendations we may make relative to certifica- • tion, under state 'or'municipal statutes, ordi- naricesor regulations,'''of boilers, pressure vessels or elevators. t4. 7. Legal Action Against Us ,. . J,: ' . No person or. Organization _ has a right under this Coverage Part: a. To join us as: a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage' Part.unless all of its terms have.been complied with. FAA person or.organization may sue. us-to,recover on an agreed settlement or ona final: judgment against an. insured; but. we -,will. not, be liable for _ .,damages that are -not payable under: the terms of this Coverage Parlor that -are "in" excess. of the applicable limit of insurance..An agreed settlement means a settlement and release of liability signed by us, the insured' 'and the claimant or the claim- ant's legal representative. 8::Other Insurance The insurance afforded- by his Coverage Part is primary insurance and we will:.not.seek contribution frpm,any.other..insurance,available to. you unless the'other insuranceis'provided by -a ;contractor other than -the'; des-ignated'contractor' for the same operation and job location designated in the 'Declarations° Then we will share'with that other in- `sUranceby the method de scribed'below.: If all of the other in$utance-permits contribution by equal shares, we will follow this method also. Un- der ttiis'approach, each: insurer cohtributesequal 'amounts'Until it has paid its applicable limit:of in- surance or norie'of"they loss remains;whichever •, comes-first.,.:1 -'C;= 'ai5 is lZ1.' .'In ".,.....i:j'�'. ' ffany ofthe other'insurahce does riot permit don- "-tribution by equai�shares;'we&viill contribute by lim- =its: Under`this°method, `each 'insurer's share is based on the ratio of its applicable liinittof:insur- ance to the total applicablelimits.of insurance of all insurers. •ur 9.: Premiums ' tThe "contractor": - - -. , '' a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. CG A0'09:X0 01. 10. Premium Auo a. We will compute all premiums for this Cover- age Part in accordance with our rules and -rates.-. b. Premium shownin this Coverage Part as. ad- -vance premium is.a.deposit,premium only. At -the close of each -;audit. period we will compute the earned premium for that period -and send .. notice_ to the "contractor". The. due date . for, audit and retrospective premiums is the date • shown as the due date on the bill' If the sum of the advance and audit premiums paid for the policy period; is greater than the earned pre- mium, we`Iwill' return- the excess to the "contractor". c. The "contractor" must keep records of the information we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or. duties specifically assigned, in this Coverage Part to the first Named Insured,.this in- surance applies: a. As if each Named Insured werethe only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. - 12.Transfer Of Rights Of Recovery'Agalnst Others To Us If the insured has rights to, recover all:or part of any paymenf We have made under this Coverage Part those' rights`f are transferred to us.' The insured must do nothing'afterfoss toimpair"them At our request, the insured will bring' "suit". -or transfer those rights to us and.help.us enforce them. ., 13. When We Do Not Renew .- If,we decide nof to-renew'this Coverage Part::we will mail or deliver to the first Named Insured shown in thelDeclarations'written'notice of• the nonrenewal'not less than 30 days before the:expi- ;,.,,ration date.._ sr; p .:c, ;__a ,..-' I::) 1.0 V,.. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V%' `DEFINITIONS 1. "Auto" means a land "motor vehicle, trailer or semi- trailer designed for travel on public roads; including any attached machinery or equipment:; But "auto" does not include "mobile equipment". 2. "Bodily injury"rneans bodily injury;' sickness or disease sustained by a person, including death re- sulting from any of these at any time. m; ISO, Properties„Inc:,c2000 Pagel of 9 ❑ 3. "Contractor" means the contractor designated in the Declarations. • 4. "Employee" includes "a . "leased worker". "Employee" does not include a "temporary' worker". 5. "Executive officer' means a person holding any of the officer positions created by your charter, consti- tution, by-laws or• any- other similar governing document. 6. "Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. -. 7. "Impaired property" means tangible property, other than -work performed for you, that cannot be used or is less useful because: - a. It incorporateswork performed for you that is known or thought to be defective, deficient, in- adequate or dangerous, or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, • adjustment or re- • moval of the work performed for you; or b. Your fulfilling the terms of the contract or agreement: - ' I - 8. "Insured contract" means: ' a. A lease of premises;;_. b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50. feet of a railroad; ... - i, i': _. : L,: -, . - ::' :. . :,. . .1 , d. -An. obligation, :as•.required by ordinance, to indemnify a municipality, except in. connection with work for a.munidpality,;,or .,r e.' An elevator maintenance agreement: 9. "Leased worker' means a'berson leased to:you by a labor leasingfirm;under an, agreement between ..you and, the. labor. leasing firm,ao perform duties .related to the conducts of your business. "Leased worker' does not include a "temporary worker'. 10."Mobile equipment' means any of the: following _types. of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, `farm machinery, forklifts and other vehicles designed for use -principally off public roads;.: . b. Vehicles maintained for use solely onor next to premises.you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, hether self-propelled or not, main- -tamed primarily to provide mobility to..perma- nently mounted: (1) Power cranes, shovels; loaders, diggers or drills; or •` (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in -,a., b.,,c..or d. above that are not self-propelled and aremaintained primarily to provide mobility to permanently at- tached equipment of the following types: (1)_ Air compressors, pumps and, generators, -including spraying, welding: building clean- ing, geophysical exploration, lighting •and rwell servicing equipment; or (2) Cherry pickers and similar device's used to raise or lower workers; f. Vehicles not described in a., b., c.' or d. above maintained primarily for purposes 'other than the transportation of persons or cargo.. However,: self-propelleeed vehicles with 'the fol- lowing types of permanently attached`'equip- ment are not "mobile equipment" but will be considered "autos": (1) .Equipment designed. primarily for: - (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or, (c) Streetcleaning', "(2) ,Cherry pickers and similar devices•mounted on.automobile or truck chassis and, used to raise or lower workers; and :' " is . ..n i, • .(3) Air ' compressors, _pumps, and; generators, including spraying, welding; building clean- ing, geophysicalexploration, lighting and well servicing equipment .s 11."Occurrence", means an accident,, including.,con- tinuous or repeated exposure to ,substantiallyc;the sarne.general:harmful conditions,;, •_ 12."Pollutants" mean any solid, liquid,--gaseousor • thermal irritant,,or contaminant, •including smoke, vapor,- soot, -fumes; acids- alkalis,_ chemicals:and waste. YWaste includes materials to be recycled, reconditioned or reclaimed.; 13."Prdperty damage"means: a. Physical injury to tangible property, including all resulting loss of use of that propety:; All •such loss of use shall be deemed; to occur :at the time of the. physical injury that caused it; or ld C Page8of-9 C ISO Properties, Inc'., :2000 CG 0009110 Ot O b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused.. it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from, computer software, including systems and applica- tions software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 14."Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico or Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or - b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 15."Temporary worker" means a person who is fur- nished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 16."Work" includes materials, parts or equipment furnished in connection with the operations. CO 00 09 10 01 ® ISO Properties, Inc., 2000 Page 9 of 9 ❑ COMMERCIAL GENERAL LIABILITY CG 29 23 11 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph e. of the Cancellation Condition is B. The following is added to the Cancellation Condi- replaced by the following: lion (Section IV): e. (1) If this policy is cancelled, we will send the g. Cancellation of Policies in Effect More Than 'contractor" any premium refund due. 60 Days. (2) We will refund the pro rata unearned pre- (1) If this policy has been in effect more than 60 mium if the policy is: days or is a renewal policy, we may cancel (a) Cancelled by us or at our request; only for one or more of the following rea- (b) Cancelled but rewritten with us or in our sons: company group; (a) Nonpayment of premium; (c) Cancelled because you no longer have (b) Fraud or material misrepresentation an insurable interest in the property or made by you or with your knowledge in business -operation that is the subject of obtaining the policy, continuing the policy this insurance; or or in presenting a claim under the policy; (d) Cancelled after the first year of a prepaid (c) The occurrence of a material change in policy that was written for a term of more the risk which substantially increases than one year. any hazard insured against after policy (3) If the policy is cancelled at the request of issuance; the first Named Insured or the "contractor", (d) Violation of any local fire, health, safety, other than a cancellation described in (2) building or construction regulation or or - (b), (c) or (d) above, we will refund 90% of dinance with respect to any insured the pro rata unearned premium. However, property or its occupancy which sub - the refund will be less than 90% of the pro stantially increases any hazard insured rata unearned premium if the refund of such against under the policy; amount would reduce the premium retained (e) Nonpayment of membership dues in by us to an amount less than the minimum those cases where our by-laws, agree - premium for this policy. ments or other legal instruments require (4) The cancellation will be effective even if we payment as a condition of the issuance have not made or offered a refund, and maintenance of the policy; or (5) If the first Named Insured or the "contractor (f) A material violation of a material provi- cancels this policy, we will retain the mini- sion of the policy. mum premium shown in the Schedule. CG 29 2311 01 @15O Properties, Inc., 2001 Pagel of 2 17 COMMERCIAL GENERAL LIABILITY CG 29 51 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT -RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGES - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Cover- ages): This insurance does not apply to: 'Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, -reassignment, discipline, defamation, harassment, humiliation or dis- crimination directed at that person; or (2) The spouse; child, parent, brother Or sister of that person as a consequence of 'bodily injuy to that person at whom any of the employment - related practices described in paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an em- ployer or in any other capacity; and (2) To any obligation to share damages with or re- pay someone else who must pay damages be- cause of the injury. CG 29 51 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 00 63 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The War Exclusion under Paragraph 2., Exclusions of Section I — Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: WAR "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war, or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or C. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. CG 00 63 12 02 © ISO Properties, Inc., 2002 Page 1 of 1 O THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RETD IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT INCLUDING HOSTILE FILE This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. Under SECTION I - COVERAGES, 2. Exclusions, item j. is deleted and replaced by the following: This insurance does not apply to: Pollution (1) "Bodily injury' or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of °pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". Paragraphs (1) and (2) do not apply to "bodily injury" or "property" damage arising out of heat, smoke, or fumes from hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Pollution means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1994 CG 70 83 09 98 IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK. POLICY 1. The insurance does-ot apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En- ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nu- clear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its ter- mination upon exhaustion of its limit of li- ability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. -_ B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardousproperties" of "nuclear material" and arising out of -the opera- tion of a "nuclear facility" by- any.person'or or- ganization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, trans- ported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its ter- ritories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. IL 00 21 07.02 © ISO Properties,:Inc,, 2001 :-t; ,. Page 1 of 2 • :C:_ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIVACY PROTECTION CONDITION This endorsement modifies the following: COMMON POLICY CONDITIONS The COMMON POLICY CONDITIONS is modified to include the following additional Condition: Privacy Protection a. This policy provides that you will report claims to us as soon as practicable and will cooperate with us in the investigation and settlement of claims. To enable you to assist us in the claim handling process we, or our independent agent, may share certain information with you. This information may be Confidential Information. Confidential Information means non-public personal information. This information will be shared solely for the purpose of helping to effect, administer or enforce rights and benefits payable or recoverable under this policy. b. You agree to use such Confidential Information solely to perform the services and obligations required under this policy. You will not use Confidential Information for any other purpose. You will use information shared to: (1) work with us to develop settlement or litigation strategies on your behalf. (2) detect and investigate any suspected fraud. (3) support our safety, loss prevention, and case management programs. Case management includes utilization review, disability management, return to work, and light duty programs. (4) check your premium charges and billings for accuracy. (5) monitor our claim handling practices for quality assurance, quality improvement and performance evaluation purposes. (6) report to us any information that may contribute to the fair and final resolution of all claims. You specifically agree not to use any Confidential Information to market your products or services. You will also not use Confidential Information to make personnel or employment related decisions. c. You agree to protect the privacy of Confidential Information. You will not share Confidential Information, either directly or indirectly with any third party, except as may be allowed by law. You will share Confidential Information only with your employees who have a need for such information to perform their duties under this policy. If you need to disclose any Confidential Information to a third party in order to perform your duties under this policy, you will first get our written consent. You will then enter into a confidentiality agreement with such third party. Under that confidentiality agreement such third party must be restricted from disclosing, using or copying Confidential Information, except as consistent with this policy. Nothing in this endorsement shall affect the coverage provided by this policy. Provided, however, if permitted by law, we may cancel your policy in the event you use or disclose Confidential Information other than as provided in this endorsement or permitted by law. IL 70 27 07 01 QUICK REFERENCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART READ YOUR POLICY CAREFULLY The Owners and Contractors Protective Liability Coverage Part in your policy consists of Declarations, a Coverage Form (CG 00 09) and Endorsements, if applicable. Following is a Quick Reference indexing of the principal provisions contained in each of the components making up the Coverage Part, listed in sequential order, except for the provisions in the Declarations which may not be in the sequence shown. DECLARATIONS Named Insured and Mailing Address Policy Period Designation of Contractor Location of Covered Operations Limits of Insurance Description of Business Forms and Endorsements applying to the Coverage Part at time of issue. COVERAGE FORM SECTION I - COVERAGES - BODILY INJURY AND PROPERTY DAMAGE LIABILITY • Insuring Agreement Exclusions Supplementary Payments SECTION II- WHO IS AN INSURED SECTION III - LIMITS OF INSURANCE SECTION IV - CONDITIONS Bankruptcy Cancellation Changes Duties in the Event of Occurrence, Claim or Loss Examination of Your Books and Records Inspections and Surveys Legal Action Against Us Other Insurance Premiums Premium Audit Separation of Insureds Transfer of Rights of Recovery Against Others to Us SECTION V - DEFINITIONS ENDORSEMENTS (If Any) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984. M10800193 IL 01 99 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - ARKANSAS CHANGES - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We will be entitled to recovery only after the insured ("insured") has been fully compensated for the loss or damage sustained, including expenses incurred in obtaining full compensation for the loss or damage. IL 01 99 07 02 C ISO Properties, Inc., 2001 Page 1 of 1 O F Ae w -Uy ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE3 26/04Y' PRODUCER The Cashion Company, Inc. THIS CERTIFICATE IS -ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 550 Little Rock, AR 72203 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 501-376-0716 INSURERS AFFORDING COVERAGE INSURED VEI General Contractors, Inc. INSURER A : Amerisure Companies P.O. Box 1032 INSURER B: Liberty Marine Underwriters Russellville AR 72811 INSURERC INSURER 0: INSURER E I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LIE TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY CPP1313777 8/07/03 8/07/04 EACH OCCURRENCE I t 1000000 X FIRE DAMAGE Any One final f 100000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE L Xc1 OCCUR MED EXP [Any one Person • e 5000 PERSONAL & ADV INJURY t 1000000 GENERAL AGGREGATE IF 2000000 GEN'L PRODUCTS - COMPIOP AGG t 2000000 AGGREGATE LIMIT APPLIES PER: POLICYPR T I I LOC A I AUTOMOBILE LIABILITY ANY AUTO CA1313776 8/07/03 8/07/04 COMBINED SINGLE LIMIT (Ea accdentl t 1000000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pe. person/ f X BODILY INJURY i IS acc4an11 HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE I Per acc4Bn11 GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ OTHER THAN EA ACC f ANY AUTO f AUTO ONLY. AGG A CU1313778 8/07/03 8/07/04 EACH OCCURRENCE f 2000000 I OCCURCLAIMS MADE AGGREGATE f 2000000 NX��SES7U�AWLILTY DECTFTION t $ 10000 A COMPENSATION AND EMPIOYER5LIABILITY EMPLO WC1313779 8/07/03 8/07/04 —" T RY TA W Li H. E.l. EACH ACCIDENT t 1000000 E.L DISEASE. EA EMPLOYEE 1 1000000 E.L. DISEASE. POLICY LIMIT 3 1000000 B OTHER DA005624002 8/07/03 8/07/04 Builders Risk i I S 3,000,000. Limit Except Special Form I $ 1,000,000. Frame/S 10,000 Ded DESCRIPTION OF OPERATIONSROCATIONSNEHICLES,EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS JOB: NEW FAYETTEVILLE FIRE STATION NO. 7, 635 NORTH RUPPLE ROAD. FAYETTEVILLE, ARKANSAS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LEVER. CANCELLATION CITY OF FAYETTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 THE EXPIRATION DAYS WRITTEN ATTN: MR. COY HURD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL 1 13 WEST MOUNTAIN IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR FAYETTEVILLE, AR 72701 REPRESENTATIVES. ACORD 25-S (7/97) WRTENBERG, DELONY a DAVIDSON ARCHITECTS 24341 Joyce BNd.. ire. 10 FAn;avjl. AR 12703 470/ 4q -0081 . _. 470/251-0231 FAX TO. City of Fayetteville Building Services 113W. Mountain Fayetteville, AR 72701 WE ARE SENDING YOU: ❑ SHOP DRAWINGS ❑ COPY OF LETTER ❑ SPECIFICATIONS O PLANS ❑ PRINTS ❑ SAMPLES DATE: April 1, 2004 ATTENTION: Dr. Coy Hurd PROJECT NUMBER 03-006 RE: Fayetteville Fire Station No. 7 ❑ FLOPPY DISK ❑ CHANGE ORDER ® ATTACHED ❑ UNDER SEPARATE COVER VIA: COPIES DATE NO. DESCRIPTION 2 sets (I each) Arkansas Statutory Performance & Payment Bond; Certificates of Insurance (Binder, City, WDD), Job Schedule 1 3/30/04 VEI General Contractors, Inc. Transmittal PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED. THESE ARE TRANSMITTED (AS CHECKED BELOW) ❑ FOR APPROVAL 0 AS REQUESTED 0 REVIEWED FOR GENERAL COMPLIANCE O RESUBMIT_ COPIES FOR APPROVAL 0 FOR YOUR USE 0 FOR REVIEW AND COMMENT 0 REVIEWED FOR NOTED COMMENTS 0 SUBMIT _COPIES FOR DISTRIBUTION ❑ FOR YOUR INFORMATION O RETURNED FOR CORRECTIONS O RETURN_ CORRECTED PRINTS REMARKS: For your use. Please keep in a safe plate ---J COPY TO: file BY J APT. Richard Alderman, AIA VEI General Contractors, Inc. TRANSMITTAL P.C.I3ox 1032 No. 00026 202E. 39th Street Phone: 479-968-5060 Russellville, Arkansas 72811 Fax: 479-968-4575 PROJECT: Fayetteville Fire Station #7 TO: Wittenberg, Delony & Davidson, Inc. 2434 E Joyce Blvd. Fayetteville, AR 72701 ATTN: Richard Alderman DATE: 3/30/2004 REF: Bonds & Insurance Fire Station #7 W ❑ Shop Drawings ❑ Approval ❑ Approved as Submitted ❑ Leiter 2 1 Your Usc ❑ Approved as Noted ❑ Prints I1J As Requested ❑ Returned ARer Loan ❑ Change Order O Review and Comment ❑ Resubmit ❑ Plans ❑ Submit ❑ Santoles SENT VIA: ❑ Returned ❑ Specifications ❑ Attached ❑ Retuned for Corrections Q Other: ❑ Separate Cover Via ❑ Due Dale: ITEM PACKAGE SUBMITTAL. DRAWING REV. ITEM NO. COPIES DATE DESCRIPTION STATUS 1 3 3/26/2004 Performance & Payment Bond 2 II 3/26/2004 Certificates of Insurance 3 I 3/29/2004 Job Schedule Remarks: CC: Signed: !1.:&-f/;' 'John Van Horn. Jr.. PE E Ifn mmt - Bond No.: SY7147 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Given In compliance with Act 351011983, amended. KNOW ALL BY THESE PRESENTS, That we, VEI General Contractors, Inc. as Principal, hereinafter called Principal, and United States Fidelity and Guaranty Company , a Maryland Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto City of Favetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of ONE MILLION THREE HUNDRED FORTY THOUSAND ONE HUNDRED AND NO/100THS Dollars ($1,340,100.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. PRINCIPAL HAS, by written agreement dated 03/08/2004 entered into a contract with Owner for New Fayetteville Fire Station No. 7 635 North Rupple Road; Fayetteville Arkansas which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION iS SUCH, That if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally sunder this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING SHALL BE BROUGHT on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract 611s due. ANY ALTERATIONS WHICH MAY BE MADE in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. IN NO EVENT SHALL the aggregate liability of the Surety exceed the sum set out herein. Executed on this 26th day of March , 2004 p� St. Paul Flra and Marine Insurance Company United Stun Fidelity and Guaranty Company StWll Surety St. Pad Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Gunranlr lnn,rencr Vodcrrrlters, Inc. Se.M,M Surely Company St. Vaal Medical Llebilily Insnnocc Company Bond No. SY7147 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the 'Act"). No action Is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is OA0. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. ThesubVl POWER OF ATTORNEY Poser or Attorney No. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 23033 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriter, Inc. (ertififL1e No. 1940192 KNOW ALL MEN BY TIIF_SE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the Stale of New York, and that Si. Paul Fire and Marine Insurance Company. Si. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organited under the laws of the State of Slinnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organised under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein rollenitrlt' called the "Companies"), and that the Companies do hereby make, constitute and appoint Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr.,William H. Griffin, Judy Schoggen, Cynthia L. Wadley and Pamela K. Hays of the City of Little Rock , State Ark�� , their true and lawful Altomev(s)-in-Fact. each in their separate capacity if more than one is named abuse. to sign its name as surely to. and to execute, seal and acknowledge any and all binds. undetakings, contracts and other written instmntents in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and underta� `rt r�ov r'miued in' y actions or prtw'eedings allowed by law. , d IN WITNESS "'HEREOF, the Companies have caused this inAn+merto he signed and sealed thhhis 3 day of January 2003 �`yj • tie �v Seaboard Surety Company ,`S'S4 ` G,Unite States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company e(ev Fidelity and Guaranty Insurance Company • St. Paul Guardian Insurance Compa�nvk �` Fidelity and Guaranty Insurance Underwriters. Inc. St. Paul Mercury Insurannce.Cmnpany V nt1827 .� SEAL • p tear I. 1977 tit PUIER W. CARMAN. Vice Itmodem SEAL o State of Maryland City of Baltimore THOMAS F IIUIHRIEGTSE. A.,ntam Sccrnary On this 3I day of Januarq . _2003_ , before me, the undersigned officer. personally appeared Peter W Carman and Thomas Ii. Huihregtse. who acknowledged thcrosclscs to he the Vice President and Assistant Secretary, respectively. of Scakurd Surety Company. St. Paul Fire and Marne Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance tlnderwnters. Inc.', and that the seals affixed to the foregoing instrument are the corporate seals of said Companies: and that they, as such. twing authorized so to do. executed the foregoing instrument or the purposes therein contained by signing the nanws of the corporations by themselves as duly authorized officers. In Witness Whereof. I hereunto set my hand and official seal. q'u7Y \1y Conumszion expires the 1st day of July. 201X. b REBECCA GSl.lil'.Oti OAALA. Notvy Publicy(G11� 86203 Rev. 7-2002 Printed in U.S.A. INSURANCE BINDER AMERISURE INSURANCE CO. __ SIXTY (60) Insuring Company INSURANCE AND BONDS Day Binder THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED SUBJECT TO THE INSURING AGREEMENTS, EXCLUSIONS CONOI' TIONS, AND OTHER TERMS OF THE POLICY FORM PROVIDED THE COMPANY -S UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE AFFORDED BY IT UNDER THE POLICY FORM 1.CITY OF FAYETTEVILLE NAME OF INSURED ATTN: MR. COY HURD ADDRESS OCCUPATION 113 WEST MOUNTAIN vPT Ti 2. Type of Coverage Limits of Liability or Amount of Insurance OWNER'S & CONTRACTOR'S PROTECTIVE LIABILITY $ 1,000,000. OCCURRENCE CONTRACTOR $ 2,000,000. AGGREGATE VEI GENERAL CONTRACTORS, INC. P. O. BOX 1032 RUSSELLVILLE, ARKANSAS 72811 JOB NEW FAYETTEVILLE FIRE STATION "POLICY SF.ALL NOT BE CANCELLED OR NO. 7, 635 NORTH RUPPLE ROAD FAYETTEVILLE, ARKANSAS. REDUCED, RESTRICTED OR LIMITED UNTIL ( 30) DAYS AFTER THE OWNER & ARCHITECT HAVE RECEIVED WRITTEN NOTICE AS EVIDENCED BY RETURN CONTRACT AMT $ 1,340,100. RECEIPT OF REGISTERED OR CERTIFIED LETTER. II INCLUDE ENGINEER AS ADDITIONAL INSURED WITTENBERG, DELONY & DAVIDSON, INC. 2434 EAST JOYCE BOULEVARD, SUITE 10 FAYETTEVILLE, ARKANSAS 72703 3. A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF :ME MANUAL IN USE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC- TIVE SHALL BE MADE FOR THE PERIOD COVERAGE IS'N EFFECT ACCEPTANCE BY THE INSURED OF A PCL'CY IN PLACE HEREOF SHALL RENDER THIS BINDER NULL AND VOID AS OF THE EFFECTIVE DATE OC SUCH POLICY THIS EITHER MAY BE CANCELED BY THE INSURED OR BY THE AGENT BY MAILING TO THE COMPANY WRIT- TEN NOTICE STATING WHEN THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE THIS BINDER MAY BECANCELED BY THE COMPANY BY MAILING TO THE INSURED AT THE ADDRESS SHOWN ABOVE AND TO THE AGENT WRITTEN NOTICE STATING WHEN, NOT BEFORE 120: AM THE THIRD BUSINESS DAY FOLLOWING THE DATE OF MAILING. SUCH CANCELLATION SHALL BE EFFECTIVE DELIVERY OF WRITTEN NOTICE SHALL BE EQUIVALENT TO MAILING THIS BINDER EFFECTIVE THIS BINDER ISSUED DATE 03-26-04 HOUR 12:01 A.M- DATE 03-26-04 HOUR Rv 321 SCOTT ♦ P. O. BOX 550 ♦ LITTLE ROCK, ARKANSAS • 501.376-0716 ♦ FAX (501) 376.2118 ACORD CERTIFICATE OF LIABILITY INSURANCE 3/26/04 PRODUCER The Cashion Company, Inc. THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 550 Little Rock, AR 72203 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 501-376-0716 INSURERS AFFORDING COVERAGE INSURED VEI General Contractors, Inc. INSURER A: Amerisure Companies -- P.O. Box 1032 INSURER a Liberty Marine Underwriters Russellville AR 72811 INSURERC INSURER 0 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMSR I LI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION LIMITS A I GENERAL LIABILITY CPP1313777 8/07/03 8/07/04 EACH OCCURRENCE a 1000000 X FIRE DAMAGE (Any one f're) 1 100000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE X I OCCUR MED EXP (Any one Person) 1 5000 PERSONAL & ADV INJURY 1 1000000 GENERAL AGGREGATE 1 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS . COMP/OP AGG 1 2000000 POLICY PRO JEC* LOC I 1 I A AUTOMOBILE LIABILITY I ANY AUTO CA1313776 8/07/03 8/07/04 ED •cBc entD SINGLE LIMIT 1 1000000 X BODILY INJURY IPm person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Pot ecc'EMII 1 HIRED AUTOS NON.OWNED AUTOS X PROPERTY DAMAGE (Pot ecc'den:) I 1 I GARAGE LABILITY I AUTO ONLY . EA ACCIDENT $ I OTHER THAN EA ACC 1 ANY AUTO $ AUTO ONLY: AGG A EXCESS LIABILITY CU1313778 8/07/03 8/07/04 EACH OCCURRENCE 1 2000000 OCCUR CLAIMS MADE X AGGREGATE 1 2000000 1 DEDUCTIBLE X 1 RETENTION 1 10000 WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC1313779 8/07/03 8/07/04 CSATA TRY LIMIT 10TH.' EL EACH ACCIDENT 1 1000000 E.L. DISEASE. EA EMPLOYEE 1 1000000 E L DISEASE . POLICY LIMIT 1 1000000 B OTHER 0A005624002 I 8/07/03 8/07/04 Builders Risk $ 3.000,000. Limit Except Special Form $ 1,000,000, Frame/$1O,000 Ded DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS JOB: NEW FAYETTEVILLE FIRE STATION NO. 7, 635 NORTH RUPPLE ROAD. FAYETTEVILLE, ARKANSAS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FAYETTEVILLE DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: MR. COY HURD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SMALL 113 WEST MOUNTAIN IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR FAYETTEVILLE, AR 72701 REPRESEMTATIVES, 2-23 O ACORD CORPORATION 1988 ACORQI, CERTIFICATE OF LIABILITY INSURANCE I DATT3/26104Y� The Cashion Company, Inc. P.O. Box 550 Little Rock, AR 72203 501-376-0716 INSURED VEI General Contractors, Inc. P.O. Box 1032 Russellville AR 72811 CfVFR A C ES THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMENC ALTER THE COVERAGE AFFORDED BY THE POL INSURERS AFFORDING COVERAGE INSURER A. ARIeriSUre INSURER B. Liberty Ma INSURER C'. INSURER 0: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION LIMITS A GENERAL LIABILITY CPP1313777 I 8/07/03 8/07/04 EACH OCCURRENCE I F 1000000 FIRE DAMAGE (Any one teal I100000 X I COMMERCIAL GENERAL LIABILITY CLAIMS MADE C OCCUR MED EXP (Any one pereonl I i5000 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY I I PRO. Loc PRODUCTS . COMP/OP AGG I2000000 II A AUTOMOBILE LMBILITY X ANY AUTO CA1313776 8/07/03 8/07/04 COMBINED SINGLE LIMIT IEe eccEentl F 1000000 BODILY INJURY (Per Person) F ALL OWNED AUTOS SCHEDULED AUTOS BOOBY INJURY [Per eccEentl X HIRED AUTOS X NON.OWNED AUTOS PROPERTY DAMAGE (Per eccWentl F GARAGE LIABILITY AUTO ONLY EA ACCIDENT F OTHER THAN EA ACC $ ANY AUTO e I • AUTO ONLY AGG A EXCESS LIABILITY OCCUR CLAIMS MACE CU 1313778 8/07/03 ! 8/07/04 EACH OCCURRENCE $2000000 X AGGREGATE $2000000 e F DEDUCTIBLE x F RETENTION F 10000 A WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC1313779 8/07/03 8107/04 T Y T MIT I IO R EL. EACH ACCIDENT 51000000 E L DISEASE - EA EMPLOYEE F 1000000 EL. DISEASE - POLICY LIMIT $1000000 B OTHER DA005624002 8107/03 8/07/04 Builders Risk $ 3,000,000. Limit Except Special Form $ 1 000000. Frame/810000 Ded DESCRIPTION OF°PERATtONS/LOCAnONS/VEHICLES/E%CLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JOB: NEW FAYETTEVILLE FIRE STATION NO. 7. 635 NORTH RUPPLE ROAD, FAYETTEVILLE, ARKANSAS 72703 CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY. WITTENBERG, DELONY & DAVIDSON, INC. 2434 E JOYCE BLVD, SUITE 10 FAYETTEVILLE, AR 72703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR ACORD 25-S (7/97) 2. 23 O N N O OO -D. C J d N d _ J 9 NI N: N: Ni N, N .J O O• O. O: O: O • I ' I T TI OI T m - -. on OI x� - N d F N I a C2i H @• nP l C2i 1 A O N T: D C, OO (ryNry(1� O 1 O 1 O o. n: C d T_' N N 8 8 NIA d: i 1I G n 2 O z20 O OI 0 n (_.j._. 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Um- p I T d m. 0 0 o (N� O o d N: 0_v r o: p, 8: I I I ! aa�Ig O J J V C C pm A I a a a N V O) m 0 O a O J I nI DI mi cl m aI oa as g nl ii � n NJ;-' N O J •J• - Cl Cic1c cc gl 8 01 A JI J• NI J N O m' V I O CI CI CI > C C UI O O A O S a a' a. Q 6 J J N Un J a (- cc C r z z a a a C C) 2 C c z a P a C- C r 8 J an N' g a " n N p� J NN (aa NJ NN on ' a' aI' al m 2 a. z a. D gl < gI DI 2�Z of QI a JI uI OI u „ N CCCC >I Z Z ZI Z -< p-< of �. po AI Ai S I I an a a 61 III 0 a N C) F • •I ll.l r- d• 1 r N " 0 n :,Q D ° p• CO O. 3 N. d 0. l 3 n1 np t:3I.a0 Th♦ III x'00 C. w f 0 9: g fl •1 W OW d m C H 8 0° 8 - d.� N ©m N o O C : . } . .. j' VI N n yl .. . a N Q O T. /N G N S T ] l 210 p J' O O a. Bond No.: SY7147 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Given In compliance with Act 351 of 1963, amended. KNOW ALL BY THESE PRESENTS, That we, V EI General Contractors, Inc. as Principal, hereinafter called Principal, and United States Fidelity and Guaranty Company Maryland Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of ONE MILLION THREE HUNDRED FORTY THOUSAND ONE HUNDRED AND NO/100THS Dollars(51,340,100.00 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. PRINCIPAL HAS, by written agreement dated 03/08/2004 entered into a contract with Owner for New Fayetteville Fire Station No. 7 635 North Rupple Road; Fayetteville, Arkansas which contract is by reference made a part hereof, and is hereinafter referred to as the Contract THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform the Contract on his pan and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING SHALL BE BROUGHT on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. ANY ALTERATIONS WHICH MAY BE MADE in the tents of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. IN NO EVENT SHALL the aggregate liability of the Surety exceed the sum set out herein. Executed on this 26th day of March 2004 •:t i fPh Sim •Sorely St. Paul Piro and Marina In uraxe Company United States Fidelity and Guaranty Company. St. Paul Guardian Insurance Compaor Fidelity and Cuareniv Insurance Company St. Pan) Mercury Insurance Company Fidelity and Guaranty Invvancr Underwrltcn. Inc. Seshnard Surely Company St. Paul Medial Liability Imunncr Company Bond No. SV7147 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. 86203 Rev, 7-2002 Printed in U.S.A.-- - -- -- --- - TheStPaVI POWER OF ATTORNEY Power of Attorney No. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Si. Paul Mercury Insurance Company 23033 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. Certi0CL1e No. 1940193 KNOW AlA. MEN BY THESE PRESENTS: that Seaboard Surety Company is a corporation duly organized under the laws of the Stale of New York. and than Si. Paul Fire and Marine Insurance Company. Si- Paul Guardian Insurance Company anti St. Paull Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein eolleniseIv rolled the "Companies"). and that the Companies do hereby make. constitute and appoint Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr.,William H. Griffin, Judy Schoggen, Cynthia L. Wadley and Pamela K. Hays of the City of Little Rock . State Aikanns their true and lawful Allornev(s)-in-Faa. each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute. seat and acknowledge any ant] all bonds. undertakings, contracts and other written instrunwo!.' in the nature thereof an behalIn I the Compam es in their business of guaranteeing the lideli N of persons. guaranteeing the performance of contracts anti executing or guaranteeing bonds and undenakings required orperinmed� any actions or pwcecdings allowed by law. IN WITNESSN'HF.REUF. the Companies have caused this instrument to I.signed wiled dl -mss 3o` da of Janualy 2003 e�jr � viz ��` Y Seaboard Surely Company � 0��x�• United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company U� Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. St. Paul ?tercun Insurance,l'ro ompan m L1tr N a .a yr ,..taw O�aJ1 T�TJi1 27 y :`•sr:a :^ s�\sXAL:l 1 tgn 8 f"to �L4M\ q. JV. Slate of Maitland Cityof Uallimorc PETER A' CARMAN. Vice Preeident 'fll(IMAS b IIU I RREGISE, Assioanl Sccreiary On this 1°undersigned officer. pennnally appeared Peter W. Carman and i day of _Jallla� . X003.. . before rile, the ' Thomas U. Iluihregtsc. who acknowledged themselves to he the Vice Prustdent anti Assistant Secretary. respectively. of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United Stales Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters. Inc.: and that the seals allixed to the foregoing instrument art the corp rate seats of said Companies: and that they. ac such. being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. em Abe b In Witness Whereof. I hereunto set my hand and official seal. p,o,MY -\vC My Commission expires the Ise day of July. 2(M)fi. � sP RIPHIiCCA IiASI.I>KO'ti(1KALA. Notary Public 'rl Gt1 86203 Roy. 7-2002 Printed in U.S.A. INSURANCE BINDER AMERISURE INSURANCE CO. Insuring Company INSURANCE AND BONDS SIXTY (60) Day Binder THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED SUBJECT TO THE INSURING AGREEMENTS. EXCLUSIONS CO.NDI, TIONS, AND OTHER TERMS OF THE POLICY FORM PROVIDED THE COMPANY S UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE AFFORDED BY IT UNDER THE POLICY FORM. 1.CITY OF FAYETTEVILLE NAME OF INSURED ATTN: MR. COY HURD ADDRESS OCCUPATION 113 WEST MOUNTAIN V R T 2. Type of Coverage Limits of Liability or Amount of Insurance OWNER'S & CONTRACTOR'S PROTECTIVE LIABILITY $ 1,000,000. OCCURRENCE CONTRACTOR $ 2,000,000. AGGREGATE VEI GENERAL CONTRACTORS, INC. P. O. EOX 1032 RUSSELLVILLE, ARKANSAS 72811 JOB NEW FAYETTEVILLE FIRE STATION "POLICY SHALL NOT BE CANCELLED OR :O. 7, 635 NORTH RUPPL.E ROAD REDUCED, RESTRICTED OR LIMITED FAYETTEVILLE, ARKANSAS. UNTIL ( 30) DAYS AFTER THE OWNER & ARCHITECT HAVE RECEIVED WRITTEN NOTICE AS EVIDENCED BY RETURN CONTRACT AMT $ 1,340,100. RECEIPT OF REGISTERED OR CERTIFIED LETTER. II INCLUDE ENGINEER AS ADDITIONAL INSURED WITTENBERG, DELONY & DAVIDSON, INC. 2434 EAST JOYCE BOULEVARD, SUITE 10 FAYETTEVILLE, ARKANSAS 72703 3, A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF THE MANUAL IN USE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC TIVE SHALL BE MADE FOR THE PERIOD COVERAGE IS 'N EFFECT ACCEPTANCE BY THE INSURED OF A POLICY IN PLACE HEREOF SHALL RENDER THIS BINDER NULL AMC VOID AS OF THE EFFECTIVE DATE OF SUCH POLICY THIS EITHER MAY BE CANCELED BY THE INSURED OR BY THE AGENT BY MAILING TO THE COMPANY WRIT. TEN NOTICE STATING WHEN THEREAFTER SUCH CANCELLATION SHALL RC EFFECTIVE 1115 BINDER MAY BE CANCELED BY THE COMPANY BY MAILING TO THE INSURED AT THE ADDRESS SHOWN ABOVE AND TO THE AGENT WRITTEN NOTICE STATING WHEN, NOT BEFORE 120: A!A THE THIRD BUSINESS DAY FOLLOWING THE DATE OF MAILING, SUCH CANCELLATION SHALL BE EFFECTIVE DELIVERY OF WRITTEN NOTICE SHALL BE EQUIVALENT TO MAILING THIS BINDER EFFECTIVE THIS BINDER ISSUED DATE 03-26-04 HOUR 12:01 A.M. DATE 03-26-'0,A HOUR BV 321 SCOTT ♦ P. O. BOX 550 ♦ LITTLE ROCK, ARKANSAS ♦ 501-376-0716 ♦ FAX (501) 376-2118 ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE 3/26104 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Cashion Company, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Little Rock, AR 72203 501-376-0716 INSURERS AFFORDING COVERAGE INSURED VEI General Contractors, Inc. INSURER A Amerisure Companies - - P.O. Box 1032 INSURER a Liberty Marine Underwriters Russellville AR 72811 I�SU4cR C. ISURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY CPP1313777 8/07/03 8/07/04 EACH OCCURRENCE I f 1000000 X I COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one Kral f 100000 _ CLAIMS MADE Lx.:- OCCUR MED EXP Any one por,on) 6 - 5000 PERSONAL & AOV INJURY a 1000000 f 2000000 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 52000000 GEN'L AGGREGATE OMIT APPLIES PER. JO POLICY T I I LOC A l AUTOMOBILE LIAInuTY CA1313776 8/07/03 8/07/04 COMBINED SINGLE LIMIT X ANY AUTO I IEd accbenll f 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS IPet PeIFPfI 6 X MIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Pr eccleen:l 6 PROPERTY DAMAGE IPM aCGaenll AGE LIABILITY I AUTO ONLY - EA ACCIDENT S ANY AUTO oil OTHER THAN EA ACC 6 AUTO ONLY- AGG 16 A EXCESS LIABILITY CU1 313778 8/07/03 8107/04 EACH OCCURRENCE 6 2000000 X OCCUR CLAIMS MADE I AGGREGATE I f 2000000 is DEDUCTIBLE 6 X I RETENTION S 10000 i A WORKERS COMPENSATION AND j WC1313779 8/0]103 8/07/04 WCSf TORY LMT IR EMPLOYERS LIABILITY I E.L EACH ACCIDENT 6 1000000 S1000000 E L DISEASE - EA EMP'-OYEE S 1000000 EL 3,SEASE - POLICY LIMIT B I DA005624002 8/07/03 8/07/04 IOTHER Builders Risk $ 3.000.000. Limit Except Special Form $ 1000 000. Frame/510 000 Ded DESCRIPTION OF OPERATIONSROCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JOB: NEW FAYETTEVILLE FIRE STATION NO. 7, 635 NORTH RUPPLE ROAD, FAYETTEVILLE, ARKANSAS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY. CERTIFICATE HOLDER I I ADDITIONAL INSURED. INSURER LETTER: _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FAYETTEVILLE DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: MR. COY HURD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL 1 13 WEST MOUNTAIN IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR FAYETTEVILLE, AR 72701 REPRESENTATIVES. AUTHORIZED I /0 ACORD 25-S (7/97) 2- 23 a ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE 3/26104Y' PRODUCER The Cashion Company, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON OF INFORMATION THE CERTIFICATE P.O. Box 550 Little Rock, AR 72203 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 501-376-0716 I INSURERS AFFORDING COVERAGE INSURED VEI General Contractors, Inc. INSURER A- Amerisure Companies INSURER a- Liberty Marine Underwriters P.O. Box 1032 Russellville AR 72811 INSURERC. INSURER 0 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I POLICY NUMBER I POLICY EFFECTIIVE POLICY EXPIRATION LIMITS A GENERAL UABILITY CPP1313777 I 8/07/03 8/07/04 EACH OCCURRENCE F 1000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE xI OCCUR r FIRE DAMAGE {Any one fire) $ 100000 MEG EXP Any one prwil I F 5000 PERSONAL & ADV INJURY I e 1000000 GENERAL AGGREGATE a 2000000 GEN-L AGGREGATE LIMIT APPLIES PER I POLICY PRO. OC PRODUCTS. COMP/OP AGG a 2000000 A AUTOMOBILE LIABILITY ANY AUTO CA1313776 8/07/03 8/07/04 COMBINED craent 5lNGLE LIMIT 1000000 X I BODILY INJURY IPt pasonl ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY IPer eccdentl MIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE IPer eccoeml I e GARAGE LIABILITY I I AUT° ONLY. EA ACCIDENT F ANY AUTO I OTHER THAN EA ACC I $ AUTO ONLY: AGGII I A EXCESS LIABILITY X OCCUR ❑ CLAIMS MADE CU1313778 8/07/03 8/07104 I EACH CCCURRENCE I e 2000000 AGGREGATE I I 2000000 IS j F DEDUCTIBLE Is X RETENTION a 10000 I A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC1313779 8/07/03 I 8/07/04 w Y IMIT TR E L EACH ACCIDENT F 1000000 E.L. DISEASE - EA EMPLOYEEI F 1000000 E.L. DISEASE - POLICY LIMIT I a 1000000 B OTHER DA005624002 8/07/03 8/07/04 Builders Risk $ 3,000,000. Limit Except Special Form $ 1,000,000. Frame/510 000 Ded DESCRIPTION OF OPERATIONSILOCATONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JOB: NEW FAYETTEVILLE FIRE STATION NO. 7. 635 NORTH RUPPLE ROAD. FAYETTEVILLE, ARKANSAS 72703 CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER'. CANCELLATION W ITTENBERG, DELONY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN & DAVIDSON, INC. NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SMALL 2434 E JOYCE BLVD, SUITE 10 IMPOSE NO OBLIGATION OR UABILRY OF ANY KIND UPON THE INSURER. ITS AGENTS OR FAYETTEVILLE, AR 72703 REPIIESENTATIVES. 2• 23 O ACORD CORPORATION 1988 N to NI NI N V O N A W O O, OI OI O mm T K J � d N C m J �C/ c m m J T n g 8T � I ' +L. N! + + O I ^ N z z 4'I l)1 m m O 2(4 O gIS�S aloo Co 2220 0000 2 CCC A P 2 A m '<C) N m CD N 3 W —m. 1 =1 O (An) DI- -o O N V 0 n 9 V C" m m 8 O 0 O v —--:-'I- +I +I+ NI N+I + -. +. +I-. 0•O V N' A W O O, O O O 0j010 O I O I V M - I , mi :ciCr miQ C m m I D (n mc Ph I 0 A a A + + 0nn I mrn� u i S Q� 6 -',10 W D: D C - dc C C 00 00 $ a a J I Q I 0) + O > c m c 0 o -u g I 0OI0 O0:0 � l 0O I � : OI O S OI OO; OO O� O O 8 _ ... NI_NI �I^I0 I d Io o 0. 0 m(� j j m .% S U ,2 r b j O1 C 3Z u nP o N m N J p m D d CI z N m y m N d � a, Oh I