15-Sample-Contract-A101-2017-Working draft- SCCPSS-Template-11-7-25, 1.pdf

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Document A101

– 2017

Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

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ADDITIONS AND DELETIONS:

The author of this document may have revised the text of the original

AIA standard form. An Additions and

Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

The parties should complete

A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document

A201®–2017, 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.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the day of in the year

(In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

«The Board of Public Education for the City of Savannah and the County of Chatham a/k/a The Savannah-Chatham County Public School System “SCCPSS”)»

«The public school district responsible for public education in the City of Savannah and

Chatham County, referred to herein as “Owner,” “SCCPSS,” or the “District”»

«208 Bull Street»

«Savannah, GA 31401» and the Contractor:

for the following Project:

(Name, location and detailed description)

The Architect:

The Owner and Contractor agree as follows.

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other

Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this

Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral.

An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the

Contract Documents to be the responsibility of others.

§ 2.1 Both parties recognize that information and the scope of work may materially change and, in that event, the Owner or the

Contractor may seek the execution of a Change Order as to the project scope, project budget, or the Contractor’s compensation.

All Change Orders must be approved by the Owner pursuant to Board Policy FGG. Under current policy FGG, all change orders must be reviewed by the project Architect/Engineer, appropriate District and Program Management staff, which sometimes reviews Change Orders through a committee called the Change Control Board (“CCB”), as designated by the

Superintendent before being recommended for further approval. The Superintendent is delegated authority to approve and sign

Change Orders which will change the overall amount of a contract (up or down) by $50,000 or less, but cannot approve and sign

Change Orders for changes in excess of $50,000. All Change Orders which will change the overall amount of a contract (up or down) by more than $50,000 must be documented as a Board Resolution. Upon approval by the Board, a Change Order may be signed by the Board President, the Superintendent, or the Chief Financial Officer. A summary of all approved Change Orders will be provided to the Board of Education quarterly as an information item. If Policy FGG is amended to change the process or dollar amount of approval levels after execution of this contract, the terms of the updated policy will control.

If Owner and Contractor cannot reach agreement on a Change Order, then Owner may direct Contractor to proceed with any changes in the Work with the cost to be determined by Construction Change Directive.

§ 2.2 Owner will notify Contractor of any changes to the Owner’s Representative within seven (7) days of any change.

Similarly, Contractor will notify Owner of any changes to the Contractor’s representative within seven (7) days of any change.

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[ ] The date of this Agreement.

[ ] A date set forth in a notice to proceed issued by the Owner.

[ ] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.)

If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

§ 3.3 Substantial Completion

§ 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve

Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

[ ] Not later than ( ) calendar days from the date of commencement of the Work.

[ ] By the following date:

§ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date

§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

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 ($ ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 Alternates

§ 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

§ 4.3 Allowances, if any, included in the Contract Sum:

(Identify each allowance.)

Item Price

§ 4.4 Unit prices, if any:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.5 Liquidated damages, if any:

(Insert terms and conditions for liquidated damages, if any.)

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

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 shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 5.1.3 Provided that anOnce an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the amount certified to the Contractor by the Architect not later than the day of the monthforty days after certification. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( ) days after the

Architect receives the Application for Payment.

(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s

Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work;

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and

.3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a

Certificate for Payment as provided in Article 9 of AIA Document A201–2017;

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the

Work has been performed by others the Contractor intends to pay;

.4 For Work performed or defects discovered since the last payment application, any amount for which the

Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article

9 of AIA Document A201–2017; and

.5 Retainage withheld pursuant to Section 5.1.7.

§ 5.1.7 Retainage

§ 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

§ 5.1.7.1.1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)

§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an

Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section

5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows:

(Insert any other conditions for release of retainage upon Substantial Completion.)

§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the

Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.

§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment

§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the

Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a final Certificate for Payment has been issued by the Architect.

§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows:

§ 5.3 Interest

Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

(Insert rate of interest agreed upon, if any.)

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 Initial Decision Maker

The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)[Reserved]

§ 6.2 Binding Dispute Resolution

For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows:

(Check the appropriate box.)

[ ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017

[ [ X ] Litigation in a state or federal court of competent subject matter and personal jurisdiction located in

Chatham County, Georgia. Contractor agrees to waive any defenses of lack of personal jurisdiction or improper venue in any such court.

[ ] Other (Specify)

If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–

2017.

§ 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows:

(Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

Owner’s convenience.)

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 The Owner’s representative:Designated Representative

The Owner’s Superintendent shall identify a representative authorized to act on behalf of the Owner with respect to the

Project. Subject to more specific direction of the Owner’s Superintendent or its governing body, the Elected School Board, The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager.

Contractor further agrees that no Change Order or other claimed modification to this Agreement that would change the Project

Cost is enforceable against the District without the approval of the District’s governing body, the elected School Board, or the elected School Board’s designee by a formal policy of the elected School Board, such as Policy FGG, which gives the

Superintendent authority to approve certain Change Orders under $50,000 (up or down) without additional School Board approval. The signature of the President of the elected School Board, the Superintendent, the Chief Financial Officer, the

Owner’s Representative, or any other person purporting to act on behalf of the District is only binding on the District if that person’s execution of this Agreement or a subsequent Change Order or other written amendment of this Agreement has been authorized by the School Board and/or Board Policy. If it is subsequently determined that this Agreement or any claimed

Change Order or written modification to this Agreement was signed without proper authority from the District’s governing body, the elected School Board, (either by standing Board Policy or special direction of the Board) then the Contractor agrees that this Agreement or any claimed written modification of this Agreement shall be void and not constitute a binding contract or written amendment on the District. The Contractor agrees that it may have to repay any and all sums it may receive from the District pursuant to any alleged contract or alleged Change Order or other claimed written modification of a contract that was not property authorized by the District’s School Board or its designee under Board Policy.

While the Architect shall serve as an agent for Owner pursuant to the terms of the Architect’s contract with the Owner, the

Architect shall not be considered the “Owner’s Representative” as that term is used in this Agreement or otherwise in the management of the Project. The term “Owner” means the Owner and the Owner’s authorized representative.

§ 8.2.1 Legal Requirements. The Owner shall be responsible for retaining at its own expense its own legal, insurance and accounting service professionals, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. The Architect and Contractor are responsible for retaining their own legal, insurance, and accounting services professionals at their own expense. (Name, address, email address, and other information)

§ 8.3 The Contractor’s representative:

(Name, address, email address, and other information)

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party.

§ 8.5 Insurance and Bonds

8.5.1 Insurance Certificates. The Contractor shall procure the insurance coverages identified below at the

Contractor’s Expense (e.g. within the Contract Sum) and shall furnish the Board an insurance certificate listing the Board as the certificate holder and as an additional insured and _____________________ as an additional insured. Evidence of insurance coverages shall be provided on the form acceptable to the Board. The insurance certificate must provide the following:

(a) Name and address of authorized agent

(b) Name and address of insured

(c) Name of insurance company(ies)

(d) Description of policies

(e) Policy Number(s)

(f) Policy Period(s)

(g) Limits of liability

(h) Name and address of Board as certificate holder

(i) Project Name and Number

(j) Signature of authorized agent

(k) Telephone number of authorized agent

(l) Mandatory thirty (30) day notice of cancellation or non-renewal (except ten days for non payment).

8.5.2 Insurer Qualifications, Insurance Requirements. Each of the insurance coverages required below (i) shall be issued by a company licensed by the Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance, and (ii) shall be an insurer (or, for qualified self-insureds or group self-insureds, a specific excess insurer providing statutory limits) with a Best Policyholders Rating of "A-" or better and with a financial size rating of Class V or larger. Each such policy shall contain the following provisions:

8.5.2.1 The insurance company agrees that the policy shall not be canceled, changed, allowed to lapse or allowed to expire until thirty days after the Board has received written notice thereof, except ten days notice shall be required in the event of cancellation for non-payment of premium as evidenced by return receipt of certified mail or statutory mail, or until such time as other insurance coverage providing protection equal to protection called for in this Contract shall have been received, accepted and acknowledged by the Board. Such notice shall be valid only as to the Project as shall have been designated by Project Number and Name in said notice.

8.5.2.2 The policy shall not be subject to invalidation as to any insured by reason of any act or omission of another insured or any of its officers, employees, agents or other representatives ("Separation of Insureds").

8.5.2.3 Any attorney retained by the Contractor or its insurance carrier to provide a defense of any

Indemnitee shall be subject to the approval of the Indemnitees, which approval shall not be unreasonably withheld. In the event of litigation, any settlement on behalf of the Indemnitee must be expressly approved by the Board. The Board reserves at all times the right to retain, at its own expense, counsel to assist in the defense of any Indemnitee, in which case there shall be mutual cooperation between the Board’s counsel and any counsel provided by the Contractor or its insurance carrier.

8.5.2.4 All deductibles shall be paid for by the Contractor.

8.5.2.5 Self-insured retention, except for qualified self-insurers or group self-insurers, in any policy shall not exceed $100,000.00.

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

8.5.3 Required Insurance Coverages. The Contractor also agrees to purchase insurance and have the authorized agent state on the insurance certificate that the Contractor has purchased the following types of insurance coverages, consistent with the policies and requirements of Georgia Law and the Board. The minimum required coverages and liability limits are as follows and should be obtained within ten (10) days of execution of the Contract by the last party to sign the agreement or on the first date Contractor is to start performance of Work on the Project, whichever comes earlier. Coverages for the insurance required by this Section 8.5.3 should remain in effect until at least thirty days after final Completion is certified by the Design Professional:

8.5.3.1 Workers' Compensation Insurance. The Contractor agrees to provide at a minimum Workers'

Compensation coverage in accordance with the statutory limits as established by the General Assembly of the

State of Georgia. A group insurer must submit a certificate of authority from the Insurance Commissioner approving the group insurance plan. A self-insurer must submit a certificate from the Georgia Board of

Workers’ Compensation stating the Contractor qualifies to pay its own workers’ compensation claims. The

Contractor shall require all Subcontractors performing work under this Contract to obtain an insurance certificate showing proof of Workers' Compensation Coverage and shall submit a certificate on the letterhead of the Contractor in the following language:

This is to certify that all subcontractors performing work on this Project are covered by their own workers' compensation insurance or are covered by the Contractor’s workers’ compensation insurance.

8.5.3.2 Employers' Liability Insurance. The Contractor shall also maintain Employer's Liability Insurance

Coverage with limits of at least:

(i) Bodily Injury by Accident - $1,000,000 each accident; and

(ii) Bodily Injury by Disease - $1,000,000 each employee.

The Contractor shall require all Subcontractors performing work under this Contract to obtain an insurance certificate showing proof of Employers Liability Insurance Coverage and shall submit a certificate on the letterhead of the Contractor in the following language:

This is to certify that all subcontractors performing work on this Project are covered by their own Employers Liability Insurance Coverage or are covered by the

Contractor’s Employers Liability Insurance Coverage.

8.5.3.3 Commercial General Liability Insurance. The Contractor shall provide Commercial General

Liability Insurance (2002 or 2003 ISO Occurrence Form or equivalent) that shall include, but need not be limited to, coverage for bodily injury and property damage arising from premises and operations liability, products and completed operations liability, blasting and explosion, collapse of structures, underground damage, personal injury liability and contractual liability. The CGL policy must include separate aggregate limits per Project and shall provide at a minimum the following limits:

Coverage Limit

1. General Aggregate $ 2,000,000.00 per Project

2. Products-Co./Op Agg $ 1,000,000.00 per Occurrence

3. Personal & Adv Injury $ 1,000,000.00 per Occurrence

4. Contractual $ 1,000,000.00 per Occurrence

5. Each Occurrence $ 1,000,000.00

Additional Requirements for Commercial General Liability Insurance are shown below at Paragraph 8.5.6.

8.5.3.4 Commercial Business Automobile Liability Insurance. The Contractor shall provide Commercial

Business Automobile Liability Insurance that shall include coverage for bodily injury and property damage arising from the operation of any owned, non-owned, or hired automobile. The Commercial Business

Automobile Liability Insurance Policy shall provide not less than $1,000,000 Combined Single Limits for each occurrence. Additional Requirements for Commercial Business Automobile Liability Insurance are shown

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright below at Paragraph 1.5.3.3.6.

8.5.3.5 Commercial Umbrella Liability Insurance. The Contractor shall provide a Commercial Umbrella

Liability Insurance to provide excess coverage above the Commercial General Liability, Commercial Business

Automobile Liability and the Workers' Compensation and Employers' Liability to satisfy the minimum limits set forth herein. The umbrella coverage shall follow form with the Umbrella limits required as follows:

For Contract Amounts Less For Contract Amounts Equal to or

Than $5,000,000.00: Greater than $5,000,000:

$ 2,000,000 per Occurrence $2,000,000 per Occurrence

$ 4,000,000 Aggregate $10,000,000 Aggregate

Additional Requirements for Commercial Umbrella Liability Insurance are shown below at Paragraph 8.5.6

8.5.4 Additional Requirements for Commercial Policies in Paragraphs 8.5.3.1 through 8.5.3.5

(a) All insurance policies, other than the Professional Liability policy and the Workers Compensation policy, provided by Contractor to meet the requirements of this Agreement shall name “The Board of Public

Education for the City Of Savannah and the County of Chatham” and __________________________as those terms are defined below, as an additional insureds as to the operations of Contractor under the Contract

Documents and shall contain a severability of interests provisions.

The term “The Board of Public Education for the City of Savannah and the County of Chatham.” shall include The Board of Public Education for the City of Savannah and the County of Chatham, the body corporate responsible for public education in the City of Savannah and the County of Chatham (sometimes referred to herein as the “Board,” the “District”, or the “Owner”), the individual Board Members comprising the elected

School Board that serves as the District’s governing body, and all of the officers, employees or other agents of the District in their official capacity, and/or while acting on behalf of or at the direction of The Board of Public

Education for the City of Savannah and the County of Chatham. The term _______________________” shall include the directors, officers, employees, and agents thereof in their official capacity, and/or while acting on behalf of ________________ as Program Manager for the Board of Public Education for the City of

Savannah and the County of Chatham.

(b) The policy must be on an "occurrence” basis.

8.5.5 Builders Risk Insurance. Contractor shall provide a Builder’s Risk Policy to be made payable to the

Board and Contractor, as their interests may appear. The policy amount should be equal to 100% of the Contract

Sum, written on a 1991 Cause of Loss-Special Form, or its equivalent. The policy shall be endorsed as follows:

The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy:

(i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use; and

(ii) Partial or complete occupancy by Board ; and

(iii) Performance of work in connection with construction operations insured by the Board, by agents or lessees or other CMRs of the Board or

In the event that the Contract is for renovation, addition or modification of an existing structure and Builders

Risk Insurance is not available, the Board will accept an Installation Floater Insurance Policy with the above endorsements in lieu of the Builders' Risk Insurance Policy. Such floater must insure loss to materials and equipment prior to acceptance by Board and must be on an ALL RISK BASIS with the policy written on a specific job site.

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

8.5.5.1 Disposition of Insurance Documents. One original certificate of insurance with all endorsements attached must be deposited with Board for each insurance policy required.

8.5.5.2 Termination of Obligation to Insure. Unless otherwise expressly provided to the contrary, the obligation to provide Builder’s Risk Insurance as provided herein shall not terminate until the Design Professional shall have executed the Certificate of Substantial Completion.

§ 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents.

§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in the

Contract Documents.

§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with a building information modeling exhibit, if completed, or as otherwise set forth below:

(If other than in accordance with a building information modeling exhibit, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)

§ 8.7 Other provisions:

§ 8.7.1 Architect

The Owner shall retain an Architect to provide services, duties, and responsibilities for the Project through a separate contract of Owner’s choosing. The Owner shall provide the Contractor with a copy of the scope of services in the executed agreement between the Owner and the Architect, and any further modifications to the Architect’s scope of services in the agreement.

Documents prepared by the Architect are instruments of the Architect’s service for use solely with respect to this Project.

Depending on the terms of the contract between Owner and Architect, the Documents prepared by the Architect shall be either property of the Owner or property of the Architect licensed to Owner for use on the Project. The Contractor, subcontractors, sub-subcontractors, and suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect and Owner.

§ 8.7.2 Other Costs and Emergencies

Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201–2017. For the purposes of this Agreement, an

“emergency” shall mean “any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service” and be interpreted in a manner consistent with the definition of “emergency” in O.C.G.A. § 36-91-

2(7)).

§ 8.7.3 Compliance with Laws & E-Verify Affidavits

Contractor agrees to comply with all applicable State and Federal laws and regulations, including, but not limited to, all state laws and regulations governing contracts with public school districts. In this regard, Contractor certifies its compliance with

Federal and State immigration laws. Contractor warrants that it has registered with and uses the federal work authorization program commonly known as “E-Verify.” Contractor further agrees that it will execute any affidavits required by O.C.G.A. §

13-10-91 and/or O.C.G.A. § 50-36-1. Contractor further warrants that it will not enter into any contract with a subconsultant or subcontractor that does not participate in a federal work authorization program. Contractor will require all subconsultants or subcontractors to provide Contractor with O.C.G.A. § 13-10-91 affidavits similar to the ones provided by Contractor to Owner as required by O.C.G.A. § 13-10-91(b)(3) and (4).

Formatted: Indent: First line: 0.5"

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

§ 8.7.4 Use of Attached Forms

To the extent the performance of the Work for the Project or any other term of this Agreement implicates a topic covered by the attached SCCPSS Construction Contract Additional Forms, Contractor agrees to use the attached form (or a substantially similar form) to document the associated information, unless another form is approved by the Owner, including, but not limited to the execution of the applicable affidavit forms.

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

§ 9.1 This Agreement is comprised of the following documents:

.1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor

.2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds

.23 AIA Document A201™–2017, General Conditions of the Contract for Construction

.34 Building information modeling exhibit, dated as indicated below:

(Insert the date of the building information modeling exhibit incorporated into this Agreement.)

.54 Drawings

Number Title Date

.56 Specifications

Section Title Date Pages

.67 Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9.

.8 Other Exhibits:

(Check all boxes that apply and include appropriate information identifying the exhibit where required.)

[ ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:

(Insert the date of the E204-2017 incorporated into this Agreement.)

[ ] The Sustainability Plan:

Title Date Pages

[ ] Supplementary and other Conditions of the Contract:

Document Title Date Pages

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AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:25:14 EST on 11/05/2025 under Subscription No.20240058424 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

.9 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AIA Document

A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the

Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract

Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.)

SCCPSS Construction Contract Additional Forms:

Performance Bond

Payment Bond

Statutory Affidavit – O.C.G.A. § 13-10-80

Five Year Bond on Roofs and Walls

Specimen Certificate of Manufacturer

Certificate of Insurance

Bond to Discharge Claim

Non-Influence Affidavit – Construction – O.C.G.A. § 36-91-21

Contractor E-Verify Affidavit under O.C.G.A. § 13-10-91(b)(1)

Request for Reimbursement DE Form 0263

This Agreement entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

(Printed name and title) (Printed name and title)