Exhibit 10.28
  
 ADDITIONS AND DELETIONS:
      AGREEMENT  (In words, indicate day, month and year)
 BETWEEN  (Name, address and other information)
 
 (Name, address and other information)
 
 (Name and location)
 
 (Name, address and other information)
 
  ©
 1




---



##### 



ARTICLE 1 THE CONTRACT DOCUMENTS
  ARTICLE 2 THE WORK OF THIS CONTRACT
  ARTICLE 3 RELATIONSHIP OF THE PARTIES
  ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
 §4.1 (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable,
state that the date will be fixed in a notice to proceed.)
    § 4.2
 § 4.3
 (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with
the date of commencement. Unless stated elsewhere in the Contract Documents, insert any
requirements for earlier Substantial Completion of certain portions of the Work.)
  Portion of Work
    
    Substantial Completion dateN/A
    
    June 19, 2008
    ARTICLE 5 BASIS FOR PAYMENT
 § 5.1 CONTRACT SUM
 § 5.1.1
 2




---



##### 



§ 5.1.2
   § 5.2 GUARANTEED MAXIMUM PRICE
 § 5.2.1
 (Insert specific provisions if the Contractor is to participate in any savings.)
  § 5.2.2
 (State the numbers or other identification of accepted alternates. If decisions on other alternates
are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of
such other alternates showing the amount for each and the date when the amount expires.)
  § 5.2.3
 Description
    
    Units
    
    Price ($0.00)N/A
    
    N/A
    
    N/A
 § 5.2.4
 (Identify and state the amounts of any allowances, and state whether they include labor, materials,
or both.)
 Allowance
    
    Amount ($ 0.00)
    
    Included itemsSee Clarifications Dated 2/26/08And 3/1808
 § 5.2.5
  § 5.2.6
 ARTICLE 6 CHANGES IN THE WORK
 § 6.1
 § 6.2
 3




---



##### 



§ 6.3
 § 6.4
 ARTICLE 7 COSTS TO BE REIMBURSED
 § 7.1 COST OF THE WORK
  § 7.2 LABOR COSTS
 § 7.2.1
 § 7.2.2 (If it is intended that the wages or salaries of certain personnel stationed at the Contractors
principal or other offices shall be included in the Cost of the Work, identify in Article 14 the
personnel to be included and whether for all or only part of their time, and the rates at which
their time will be charged to the Work.)
 § 7.2.3
 7.2.4 Costs paid or incurred by the Contractor for taxes, insurance, contribution, assessments and
benefits required by law or collective bargaining agreements and, for personnel not covered by such
agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations
and pensions, provided such costs are based on wages and salaries included in the Cost of the Work
under Sections 7.2.1 through 7.2.3.
  A. Principal
    
    Per Hour
    
    N/CB. Project Executive
    
    Per Hour
    
    N/CC. Sf. Project Manager
    
    Per Hour
    
    $135.00D. Project Manager
    
    Per Hour
    
    $125.00E. Quality Manager
    
    Per Hour
    
    See Project Manager RateF. Senior Project Engineer
    
    Per Hour
    
    $95.00G. Project Engineer
    
    Per Hour
    
    $75.00H. Project Coordinator/Admin
    
    Per Hour
    
    $55.00I. Sr MechlElec Coordinator
    
    Per Hour
    
    See Project Manager RateJ. MechlElec Coordinator
    
    Per Hour
    
    See Project Manager RateK. Senior Estimator
    
    Per Hour
    
    $125.00L. Estimator
    
    Per Hour
    
    $115.00M. Safety Engineer
    
    Per Hour
    
    $100.00N. Safety Coordinator
    
    Per Hour
    
    $100.00O. Project Accountant
    
    Per Hour
    
    $75.00P. Technical Support
    
    Per Hour
    
    $75.00Q. General Superintendent
    
    Per Hour
    
    $125.00
 4




---



##### 



R. Senior Superintendent
    
    Per Hour
    
    $115.00S. Superintendent
    
    Per Hour
    
    $100.00T. Assistant Superintendent
    
    Per Hour
    
    $95.00U. Carpenter Foreman
    
    Per Hour
    
    $100.00V. Carpenter
    
    Per Hour
    
    $85.00W. Shop Labor
    
    Per Hour
    
    $65.00X. Laborer Foreman
    
    Per Hour
    
    $75.00Y. Laborer
    
    Per Hour
    
    $65.00
 (Paragraphs deleted)
 § 7.3 SUBCONTRACT COSTS
 § 7.3.1
 § 7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
 § 7.4.1
 § 7.4.2
 § 7.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS
 §7.5.1
 § 7.5.2
 § 7.5.3
 § 7.5.4
 § 7.5.5
 § 7.5.6
 § 7.6 MISCELLANEOUS COSTS
 § 7.6.1
 § 7.6.2
 § 7.6.3
 § 7.6.4
 5




---



##### 



§ 7.6.5
 § 7.6.6
 § 7.6.7
 § 7.6.8
 §7.6.9
 § 7.7 OTHER COSTS AND EMERGENCIES
 § 7.7.1
 § 7.7.2
 § 7.7.3
 ARTICLE 8 COSTS NOT TO BE REIMBURSED
 § 8.1
 § 8.1.1
 § 8.1.2
 §8.1.3
 § 8.1.4
 § 8.1.5
 § 8.1.6
 § 8.1.7
 § 8.1.8
 6




---



##### 



ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS
 § 9.1
 § 9.2
 ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS
 § 10.1
 § 10.2
 § 10.3
 ARTICLE 11 ACCOUNTING RECORDS
  ARTICLE 12 PAYMENTS
 § 12.1 PROGRESS PAYMENTS
 § 12.1.1
 § 12.1.2
 § 12.1.3
 § 12.1.4
 7




---



##### 



§ 12.1.5
 § 12.1.6
 § 12.1.7
 .1
    
    take that portion of the Guaranteed Maximum Price properly allocable to
completed Work as determined by multiplying the percentage of completion of each
portion of the Work by the share of the Guaranteed Maximum Price allocated to that
portion of the Work in the schedule of values. Pending final determination of cost
to the Owner of changes in the Work, amounts not in dispute shall be included as
provided in Section 7.3.8 of AIA Document A201-1997;.2
    
    add that portion of the Guaranteed Maximum Price properly allocable to
materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work, or if approved in advance by the Owner, suitably stored
off the site at a location agreed upon in writing;.3
    
    add the Contractors Fee, less retainage of ten (10% ).The Contractors Fee
shall be computed upon the Cost of the Work described in the two preceding Clauses
at the rate stated in Section 5.1.2 or, if the Contractors Fee is stated as a fixed
sum in that Subparagraph, shall be an amount that bears the same ratio to that
fixed-sum fee as the Cost of the Work in the two preceding Clauses bears to a
reasonable estimate of the probable Cost of the Work upon its completion;.4
    
    subtract the aggregate of previous payments made by the Owner;.5
    
    subtract the shortfall, if any, indicated by the Contractor in the
documentation required by Section 12.1.4 to substantiate prior Applications for
Payment, or resulting from errors subsequently discovered by the Owners accountants
in such documentation; and.6
    
    subtract amounts, if any, for which the Architect has withheld or nullified
a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997.
 § 12.1.8
 § 12.1.9
 8




---



##### 



§ 12.2 FINAL PAYMENT
 § 12.2.1
 .1
    
    the Contractor has fully performed the Contract except for the
Contractors responsibility to correct Work as provided in Section 12.2.2 of AIA
Document A201-1997, 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.
 § 12.2.2
  § 12.2.3
 § 12.2.4
 § 12.2.5
  ARTICLE 13 TERMINATION OR SUSPENSION
 § 13.1
 § 13.2
 §13.2.1
 9




---



##### 



§ 13.2.2
 § 13.2.3
 § 13.3
 § 13.4
 ARTICLE 14 MISCELLANEOUS PROVISIONS
 § 14.1
 § 14.2
 (Insert rate of interest agreed upon, if any.)
  (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local
consumer credit laws and other regulations at the Owners and Contractors principal places of
business, the location of the Project and elsewhere may affect the validity of this provision.
Legal advice should be obtained with respect to deletions or modifications, and also regarding
requirements such as written disclosures or waivers.)
 § 14.3  (Name, address and other information.)
 
 (Name, address and other information.)
 
 10




---



##### 



§ 14.5
 § 14.6
   ARTICLE 15 ENUMERATION OF CONTRACT DOCUMENTS
 § 15.1
 § 15.1.1
 § 15.1.2
 § 15.1.3
 Document
    
    Title
    
    PagesDGA Phase 1 Project ManualSpecifications dated January 9, 2008
 
 § 15.1.4
 (Either list the Specifications here or refer to an exhibit attached to this Agreement.)
 (Table deleted)
 § 15.1.5
 (Either list the Drawings here or refer to an exhibit attached to this Agreement.)
  (Table deleted)
 § 15.1.6
 Number
N/A
    
    Date
N/A
    
    Pages
N/A
  11




---



##### 



§ 15.1.7
 (List here any additional documents, such as a list of alternates that are intended to form part of
the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as
advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractors bid
are not part of the Contract Documents unless enumerated in this Agreement. They should be listed
here only if intended to be part of the Contract Documents.)
            ARTICLE 16 INSURANCE AND BONDS
 (List required limits of liability for insurance and bonds. AIA DocumentA201-1997 gives other
specific requirements for insurance and bonds.)
 Type of insurance
    
    
    
    Limit of liability ($0.00)(Row deleted)/s/ Steve Van Dick

OWNER (Signature)
    
    
    
    /s/ David A. Nevens, Jr.           4/29/08

CONTRACTOR (Signature)David A. Nevens, Jr.Vice PresidentSteve Van Dick, CFO(Printed name and title)
    
    
    
    (Printed name and title)
 12




---



##### 



Certification of Documents Authenticity
 ®
 ®
 /s/ David A. Nevens, Jr.

(Signed)Vice President

(Title)4/29/08

(Dated)
 © ® ®
 1




---



##### 



AIA
Document A201 - 1997
 ADDITIONS AND DELETIONS:
 Additions and Deletions Report
  
 for the following PROJECT:  (Name and location or address):
 THE OWNER:  (Name and address):
 THE ARCHITECT:
(Name and address):
 TABLE OF ARTICLES
 1 GENERAL PROVISIONS
 2 OWNER
 3 CONTRACTOR
 4 ADMINISTRATION OF THE CONTRACT
 5 SUBCONTRACTORS
 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
 7 CHANGES IN THE WORK
 8 TIME
 9 PAYMENTS AND COMPLETION
 10 PROTECTION OF PERSONS AND PROPERTY
 11 INSURANCE AND BONDS
 12 UNCOVERING AND CORRECTION OF WORK
 13 MISCELLANEOUS PROVISIONS
 © ®
 1




---



##### 



14 TERMINATION OR SUSPENSION OF THE CONTRACT
 2




---



##### 



Acceptance of Nonconforming Work  12.3    Access to Work
3.16, 6.2.1, 12.1               ADMINISTRATION OF THE CONTRACT  4      Allowances
3.8    Applications for Payment  9.3     Arbitration  4.6   Architect
4.1               Architects Administration of the Contract  4.2                                       Award of Subcontracts and Other Contracts for
Portions of the Work
5.2
Basic Definitions
1.1    Boiler and Machinery Insurance         Capitalization
1.3
 3




---



##### 



Certificates for Payment  9.4       Change Orders   7.2     CHANGES IN THE WORK  7  Definition  4.3.1
Claims and Disputes  4.3   Claims and Timely Assertion of Claims
4.6.5
Claims for Additional Cost  4.3.5  Claims for Additional Time  4.3.7  Claims for Concealed or Unknown Conditions
4.3.4       Cleaning Up
3.15,6.3
Commencement of Statutory Limitation Period
13.7        Communications Facilitating Contract
Administration  4.2.4     COMPLETION, PAYMENTS AND
9                CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS  6    Construction Change Directives  7.3    Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
4.3.3    CONTRACT, TERMINATION OR
SUSPENSION OF THE  14       Contract Documents, The
1.1,1.2      Contract Sum  9.1          CONTRACTOR
3    Contractors Construction Schedules  3.10
 4




---



##### 



Contractors Liability Insurance
11.1                                              Correlation and Intent of the Contract Documents
1.2        Cutting and Patching  3.14                       Decisions to Withhold Certification  9.5           Delays and Extensions of Time   8.3    Documents and Samples at the Site
3.11        Emergencies  10.6
 5




---



##### 



Failure of Payment  9.7    Final Completion and Final Payment  9.10       GENERAL PROVISIONS
1
Governing Law
13.1  See   10.3      Indemnification  3.18  Information and Services Required of the Owner  2.2    Injury or Damage to Person or Property
4.3.8, 10.2, 10.6            Insurance, Boiler and Machinery   Insurance, Contractors Liability     Insurance, Loss of Use   Insurance, Owners Liability   Insurance, Project Management Protective
Liability   Insurance,Property  11.4    INSURANCE AND BONDS
11        Interest
13.6
Interpretation  1.4      Judgment on Final Award
4.6.6
Labor and Materials, Equipment  3.4            Limitation on Consolidation or Joinder
4.6.4              Loss of Use Insurance
11.4.3
 6




---



##### 



Mediation  4.5  Minor Changes in the Work  7.4
MISCELLANEOUS PROVISIONS
13       Mutual Responsibility
6.2
Nonconforming Work, Acceptance of  12.3         Notice, Written    13.3      Notices, Permits, Fees and  3.7         OWNER
2    Owner, Information and Services Required of the  2.2            Owners Liability Insurance
11.2      Owners Right to Carry Out the Work
2.4, 12.2.4. 14.2.2.2
Owners Right to Clean Up
6.3
Owners Right to Perform Construction and to
Award Separate Contracts
6.1
Owners Right to Stop the Work
2.3      Ownership and Use of Drawings, Specifications
and Other Instruments of Service  1.6  Partial Occupancy or Use  9.9  Patching, Cutting and
3.14,6.2.5    Payment, Applications for  9.3   Payment, Certificates for  9.4   Payment, Failure of  9.7     Payment Bond, Performance Bond and  11.5    PAYMENTS AND COMPLETION
9
 7




---



##### 



Performance Bond and Payment Bond  11.5
Permits, Fees and Notices   PERSONS AND PROPERTY, PROTECTION OF
10      Product Data and Samples, Shop Drawings  3.12  Progress and Completion  8.2  Progress Payments  9.6    Project Management Protective Liability
Insurance
11.3        Property Insurance  11.4
PROTECTION OF PERSONS AND PROPERTY
10                Resolution of Claims and Disputes
4.4, 4.5, 4.6       Review of Contract Documents and Field
Conditions by Contractor  3.2       Rights and Remedies    13.4  Royalties, Patents and Copyrights
3.17    Safety of Persons and Property
10.2,10.6
Safety Precautions and Programs  10.1    Samples, Shop Drawings, Product Data and  3.12  Samples at the Site, Documents and
3.11
Schedule of Values
9.2,9.3.1                      Specifications, The  1.1.6          SUBCONTRACTORS
 8




---



##### 



Subcontractual Relations
5.3,5.4,9.3.1.2,9.6,9.10 10.2.1, 11.4.7, 11.4.8, 14.1,
14.2.1, 14.3.2     Subrogation, Waivers of  11.4.7
Substantial Completion  9.8               Successors and Assigns
13.2
Superintendent
3.9,10.2.6
Supervision and Construction Procedures  3.3         Suspension by the Owner for Convenience
14.4      Taxes
3.6, 3.8.2.1,7.3.6.4
Termination by the Contractor  14.1
Termination by the Owner for Cause  14.2      TERMINATION OR SUSPENSION OF THE
CONTRACT
14
Tests and Inspections   13.5
TIME
8
Time, Delays and Extensions of   8.3        Time Limits on Claims
4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6    UNCOVERING AND CORRECTION OF
WORK
12
Uncovering of Work
12.1        Use of Site
3.13, 6.1.1, 6.2.1
Values, Schedule of
9.2, 9.3.1         Waiver of Consequential Damages
4.3.10, 14.2.4    Waivers of Subrogation  11.4.7
Warranty
3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2,
13.7.1.3
 9




---



##### 



Written Notice    13.3
 10




---



##### 



ARTICLE 1 GENERAL PROVISIONS
 § 1.1 BASIC DEFINITIONS
 § 1.1.1 THE CONTRACT DOCUMENTS
  § 1.1.2 THE CONTRACT
  § 1.1.3 THE WORK
  § 1.1.4 THE PROJECT
  § 1.1.5 THE DRAWINGS
  § 1.1.6 THE SPECIFICATIONS
  § 1.1.7 THE PROJECT MANUAL
  § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
 § 1.2.1
 § 1.2.2
 § 1.2.3
 11




---



##### 



§ 1.3 CAPITALIZATION
 § 1.3.1
 § 1.4 INTERPRETATION
 § 1.4.1
 § 1.5 EXECUTION OF CONTRACT DOCUMENTS
 § 1.5.1
 § 1.5.2
 § 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
 § 1.6.1
 ARTICLE 2 OWNER
 § 2.1 GENERAL
 § 2.1.1
 § 2.1.2
 § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
 § 2.2.1
 12




---



##### 



§ 2.2.2
 § 2.2.3
 § 2.2.4
 § 2.2.5
 § 2.3 OWNERS RIGHT TO STOP THE WORK
 § 2.3.1
 § 2.4 OWNERS RIGHT TO CARRY OUT THE WORK
 § 2.4.1
 ARTICLE 3 CONTRACTOR
 § 3.1 GENERAL
 § 3.1.1
 § 3.1.2
 § 3.1.3
 §
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
 § 3.2.1
 13




---



##### 



§ 3.2.2
 § 3.2.3
 § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
 § 3.3.1
 § 3.3.2
 § 3.3.3
 § 3.4 LABOR AND MATERIALS
 § 3.4.1
 § 3.4.2
 § 3.4.3
 14




---



##### 



§ 3.5 WARRANTY
 § 3.5.1
 § 3.6 TAXES
 § 3.6.1
 § 3.7 PERMITS, FEES AND NOTICES
 § 3.7.1
 § 3.7.2
 § 3.7.3
 § 3.7.4
 § 3.8 ALLOWANCES
 § 3.8.1
 § 3.8.2
 .1
    
    allowances shall cover the cost to the Contractor of labor, installation
costs, materials and equipment delivered at the site and all required taxes, less
applicable trade discounts;.2
    
    Contractors costs for unloading and handling at the site, , overhead,
profit and other expenses contemplated for stated allowance amounts shall be
included in the Contract Sum but not in the allowances;.3
    
    whenever costs are more than or less than allowances, the Contract Sum shall
be adjusted accordingly by Change Order. The amount of the Change Order shall
reflect (1) the difference between actual costs and the allowances under Section
3.8.2. 1 and (2) changes in Contractors costs under Section 3.8.2.2.
 § 3.8.3
 § 3.9 SUPERINTENDENT
 § 3.9.1
 15




---



##### 



§ 3.10 CONTRACTORS CONSTRUCTION SCHEDULES
 § 3.10.1
 § 3.10.2
 § 3.10.3
 § 3.11 DOCUMENTS AND SAMPLES AT THE SITE
 § 3.11.1
 § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
 § 3.12.1
 § 3.12.2
 § 3.12.3
 § 3.12.4
 § 3.12.5
 § 3.12.6
 § 3.12.7
 16




---



##### 



§ 3.12.8
 § 3.12.9
 § 3.12.10
 § 3.13 USE OF SITE
 § 3.13.1
 § 3.14 CUTTING AND PATCHING
 § 3.14.1
 § 3.14.2
 § 3.15 CLEANING UP
 § 3.15.1
 § 3.15.2
 17




---



##### 



§ 3.16 ACCESS TO WORK
 § 3.16.1
 § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS
 § 3.17.1
 § 3.18 INDEMNIFICATION
 § 3.18.1
 § 3.18.2
 ARTICLE
4 ADMINISTRATION OF THE CONTRACT
 § 4.1 ARCHITECT
 § 4.1.1
 § 4.1.2
 § 4.1.3
 § 4.2 ARCHITECTS ADMINISTRATION OF THE CONTRACT
 § 4.2.1
 § 4.2.2
 18




---



##### 



§ 4.2.3
 § 4.2.4
 § 4.2.5
 § 4.2.6
 § 4.2.7
 § 4.2.8
 § 4.2.9
 § 4.2.10
 19




---



##### 



§ 4.2.11
 § 4.2.12
 §4.2.13
 § 4.3 CLAIMS AND DISPUTES
 §4.3.1
 § 4.3.2
 § 4.3.3
 §4.3.4
 § 4.3.5
 § 4.3.6
 20




---



##### 



§
4.3.7
 § 4.3.7.1
 § 4.3.7.2
 § 4.3.8
 § 4.3.9
 § 4.3.10
 .1
    
    damages incurred by the Owner for rental expenses, for losses of use,
income, profit, financing, business and reputation, and for loss of management or
employee productivity or of the services of such persons; and.2
    
    damages incurred by the Contractor for principal office expenses including
the compensation of personnel stationed there, for losses of financing, business and
reputation, and for loss of profit except anticipated profit arising directly from
the Work.
  § 4.4 RESOLUTION OF CLAIMS AND DISPUTES
 § 4.4.1
 § 4.4.2
 § 4.4.3
 § 4.4.4
 21




---



##### 



§ 4.4.5
 § 4.4.6
 § 4.4.7
 § 4.4.8
 § 4.5 MEDIATION
 § 4.5.1
 § 4.5.2
 § 4.5.3
 § 4.6 ARBITRATION
 § 4.6.1
 § 4.6.2
 § 4.6.3
 § 4.6.4
 22




---



##### 



§ 4.6.5
 § 4.6.6
 ARTICLE
5 SUBCONTRACTORS
 § 5.1 DEFINITIONS
 § 5.1.1
 § 5.1.2
 § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
 § 5.2.
 (Paragraphs
deleted)
 § 5.2.2
 § 5.2.3
 § 5.2.4
 § 5.3 SUBCONTRACTUAL RELATIONS
 § 5.3.1
 23




---



##### 



§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
 § 5.4.1
 .1
    
    assignment is effective only after termination of the Contract by the Owner
for cause pursuant to Section 14.2 and only for those subcontract agreements which
the Owner accepts by notifying the Subcontractor and Contractor in writing; and.2
    
    assignment is subject to the prior rights of the surety, if any, obligated
under bond relating to the Contract.
 § 5.4.2
 ARTICLE
6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
 § 6.1 OWNERS RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
 § 6.1.1
 § 6.1.2
 § 6.1.3
 § 6.1.4
 § 6.2 MUTUAL RESPONSIBILITY
 § 6.2.1
 § 6.2.2
 24




---



##### 



§ 6.2.3
 § 6.2.4
 § 6.2.5
 § 6.3 OWNERS RIGHT TO CLEAN UP
 § 6.3.1
 ARTICLE
7 CHANGES IN THE WORK
 § 7.1 GENERAL
 § 7.1.1
 § 7.1.2
 § 7.1.3
 § 7.2 CHANGE ORDERS
 § 7.2.1
 .1
    
    change in the Work;.2
    
    the amount of the adjustment, if any, in the Contract Sum; and.3
    
    the extent of the adjustment, if any, in the Contract Time.
 § 7.2.2
 § 7.3 CONSTRUCTION CHANGE DIRECTIVES
 § 7.3.1
 § 7.3.2
 § 7.3.3
 .1
    
    mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;.2
    
    unit prices stated in the Contract Documents or subsequently agreed upon;
 25




---



##### 



.3
    
    cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee; or.4
    
    as provided in Section 7.3.6.
 § 7.3.4
 § 7.3.5
 § 7.3.6
 .1
    
    costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;.2
    
    costs of materials, supplies and equipment, including cost of
transportation, whether incorporated or consumed;.3
    
    rental costs of machinery and equipment, exclusive of hand tools, whether
rented from the Contractor or others;.4
    
    costs of premiums for all bonds and insurance, permit fees, and sales, use
or similar taxes related to the Work; and.5
    
    additional costs of supervision and field office personnel directly
attributable to the change..6
    
    cost of subcontractors
 § 7.3.7
 § 7.3.8
 § 7.3.9
 § 7.4 MINOR CHANGES IN THE WORK
 § 7.4.1
 26




---



##### 



ARTICLE
8 TIME
 § 8.1 DEFINITIONS
 § 8.1.1
 § 8.1.2
 § 8.1.3
 § 8.1.4
 § 8.2 PROGRESS AND COMPLETION
 § 8.2.1
 § 8.2.2
 § 8.2.3
 § 8.3 DELAYS AND EXTENSIONS OF TIME
 § 8.3.1
 § 8.3.2
 § 8.3.3
 ARTICLE
9 PAYMENTS AND COMPLETION
 § 9.1 CONTRACT SUM
 § 9.1.1
 § 9.2 SCHEDULE OF VALUES
 § 9.2.1
 § 9.3 APPLICATIONS FOR PAYMENT
 § 9.3.1
 27




---



##### 



§9.3.1.1
 § 9.3.1.2
 § 9.3.2
 § 9.3.3
 § 9.4 CERTIFICATES FOR PAYMENT
 § 9.4.1
 § 9.4.2
 § 9.5 DECISIONS TO WITHHOLD CERTIFICATION
 § 9.5.1
 .1
    
    defective Work not remedied;.2
    
    third party claims filed or reasonable evidence indicating probable filing
of such claims unless security acceptable to the Owner is provided by the
Contractor;
 28




---



##### 



.3
    
    failure of the Contractor to make payments properly to Subcontractors or for
labor, materials or equipment;.4
    
    reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;.5
    
    damage to the Owner or another contractor;.6
    
    reasonable evidence that the Work will not be completed within the Contract
Time, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay; or.7
    
    persistent failure to carry out the Work in accordance with the Contract
Documents.
 § 9.5.2
 § 9.6 PROGRESS PAYMENTS
 § 9.6.1
 § 9.6.2
 §9.6.3
 § 9.6.4
 § 9.6.5
 § 9.6.6
 § 9.6.7
 § 9.7 FAILURE OF PAYMENT
 § 9.7.1
 § 9.8 SUBSTANTIAL COMPLETION
 § 9.8.1
 29




---



##### 



§ 9.8.2
 § 9.8.3
 § 9.8.4
 § 9.8.5
 § 9.9 PARTIAL OCCUPANCY OR USE
 § 9.9.1
 § 9.9.2
 §9.9.3
 § 9.10 FINAL COMPLETION AND FINAL PAYMENT
 § 9.10.1
 30




---



##### 



§ 9.10.2
 § 9.10.3
 § 9.10.4
 .1
    
    liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;.2
    
    failure of the Work to comply with the requirements of the Contract Documents; or.3
    
    terms of special warranties required by the Contract Documents.
 § 9.10.5
 ARTICLE
10 PROTECTION OF PERSONS AND PROPERTY
 § 10.1 SAFETY PRECAUTIONS AND PROGRAMS
 § 10.1.1
 § 10.2 SAFETY OF PERSONS AND PROPERTY
 § 10.2.1
 .1
    
    employees on the Work and other persons who may be affected thereby;.2
    
    the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site, under care, custody or control of the Contractor or the
Contractors Subcontractors or Subsubcontractors; and.3
    
    other property at the site or adjacent thereto, such as trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
 § 10.2.2
 § 10.2.3
 31




---



##### 



§ 10.2.4
 § 10.2.5
 § 10.2.6
 § 10.2.7
 § 10.3 HAZARDOUS MATERIALS
 § 10.3.1
 § 10.3.2
 § 10.3.3
 § 10.4
 § 10.5
 32




---



##### 



§ 10.6 EMERGENCIES
 § 10.6.1
 ARTICLE
11 INSURANCE AND BONDS
 § 11.1 CONTRACTORS LIABILITY INSURANCE
 § 11.1.1
 .1
    
    claims under workers compensation, disability benefit and other similar
employee benefit acts which are applicable to the Work to be performed;.2
    
    claims for damages because of bodily injury, occupational sickness or
disease, or death of the Contractors employees;.3
    
    claims for damages because of bodily injury, sickness or disease, or death
of any person other than the Contractors employees;.4
    
    claims for damages insured by usual personal injury liability coverage;.5
    
    claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting therefrom;.6
    
    claims for damages because of bodily injury, death of a person or property
damage arising out of ownership, maintenance or use of a motor vehicle;.7
    
    claims for bodily injury or property damage arising out of completed
operations; and.8
    
    claims involving contractual liability insurance applicable to the
Contractors obligations under Section 3.18.
 § 11.1.2
 § 11.1.3
 § 11.2 OWNERS LIABILITY INSURANCE
 § 11.2.1
 § 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
 § 11.3.1
 § 11.3.2
 33




---



##### 



§ 11.3.3
 § 11.4 PROPERTY INSURANCE
 § 11.4.1
 § 11.4.1.1
 § 11.4.1.2
 § 11.4.1.3
 § 11.4.1.4
 § 11.4.1.5
 § 11.4.2
 § 11.4.3
 § 11.4.4
 34




---



##### 



§ 11.4.5
 § 11.4.6
 § 11.4.7
 § 11.4.8
 § 11.4.9
 § 11.4.10
 § 11.5 PERFORMANCE BOND AND PAYMENT BOND
 § 11.5.1
 § 11.5.2
 35




---



##### 



ARTICLE
12 UNCOVERING AND CORRECTION OF WORK
 § 12.1 UNCOVERING OF WORK
 § 12.1.1
 § 12.1.2
 §
12.2 CORRECTION OF WORK
 § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
 § 12.2.1.1
 § 12.2.2 AFTER SUBSTANTIAL COMPLETION
 § 12.2.2.1
 § 12.2.2.2
 § 12.2.2.3
 § 12.2.3
 § 12.2.4
 § 12.2.5
 36




---



##### 



§ 12.3 ACCEPTANCE OF NONCONFORMING WORK
 § 12.3.1
 ARTICLE
13 MISCELLANEOUS PROVISIONS
 § 13.1 GOVERNING LAW
 § 13.1.1
 § 13.2 SUCCESSORS AND ASSIGNS
 § 13.2.1
 § 13.2.2
 § 13.3 WRITTEN NOTICE
 § 13.3.1
 § 13.4 RIGHTS AND REMEDIES
 § 13.4.1
 § 13.4.2
 § 13.5 TESTS AND INSPECTIONS
 § 13.5.1
 § 13.5.2
 § 13.5.3
 37




---



##### 



§ 13.5.4
 § 13.5.5
 § 13.5.6
 § 13.6 INTEREST
 § 13.6.1
 Paragraphs deleted
 ARTICLE
14 TERMINATION OR SUSPENSION OF THE CONTRACT
 § 14.1 TERMINATION BY THE CONTRACTOR
 § 14.1.1
 .1
    
    issuance of an order of a court or other public authority having
jurisdiction which requires all Work to be stopped;.2
    
    an act of government, such as a declaration of national emergency which
requires all Work to be stopped;.3
    
    because the Architect has not issued a Certificate for Payment and has not
notified the Contractor of the reason for withholding certification as provided in
Section 9.4.1, or because the Owner has not made payment on a Certificate for
Payment within the time stated in the Contract Documents; or.4
    
    the Owner has failed to furnish to the Contractor promptly, upon the
Contractors request, reasonable evidence as required by Section 2.2.1.
 § 14.1.2
 § 14.1.3
 § 14.1.4
 § 14.2 TERMINATION BY THE OWNER FOR CAUSE
 § 14.2.1
 .1
    
    persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
 38




---



##### 



.2
    
    fails to make payment to Subcontractors for materials or labor in accordance
with the respective agreements between the Contractor and the Subcontractors;.3
    
    persistently disregards laws, ordinances, or rules, regulations or orders of
a public authority having jurisdiction; or.4
    
    otherwise is guilty of substantial breach of a provision of the Contract
Documents.
 § 14.2.2
 .1
    
    take possession of the site and of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;.2
    
    accept assignment of subcontracts pursuant to Section 5.4; and.3
    
    finish the Work by whatever reasonable method the Owner may deem expedient.
Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed
accounting of the costs incurred by the Owner in finishing the Work.
 § 14.2.3
 § 14.2.4
 § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
 § 14.3.1
 § 14.3.2
 .1
    
    that performance is, was or would have been so suspended, delayed or
interrupted by another cause for which the Contractor is responsible; or.2
    
    that an equitable adjustment is made or denied under another provision of
the Contract.
 § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
 § 14.4.1
 § 14.4.2
 .1
    
    cease operations as directed by the Owner in the notice;.2
    
    take actions necessary, or that the Owner may direct, for the protection and
preservation of the Work; and.3
    
    except for Work directed to be performed prior to the effective date of
termination stated in the notice, terminate all existing subcontracts and purchase
orders and enter into no further subcontracts and purchase orders.
 39




---



##### 



§ 14.4.3
      40




---



##### 



®
 ®
 /s/ David A. Nevens, Jr.(Signed)Vice President(Title)4/29/08(Dated)
 1