HomeMy WebLinkAboutR.D. Brown Contractors, Inc.
Augusta Richmond GA
DOCUMENTNAME:'v.b brown Coc~.\o-c{o'(S -, '"'I.nL.'
DOCUMENT TYPE: ~eem ef'>t
YEAR: 02.....
BOX NUMBER: \ 7
FILE NUMBER: I 06 7 ~
NUMBER OF PAGES: 73
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AlA Document AIDI
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUA1
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION \"(/ITH
AN A TTORNEY IS ENCOURAGED V?ITH RESPECT TO ITS COMPLETION OR lvlODIFICA TION
nle 1987 Edition of AlA DOCUlllellt A201, General Conditions of tbe Contracl for COllslruclioll. is adop'ed
ill Ibis doc/lment by reference. Do nol lIse witb ollNr general conditions /lnless Ibis doc/llllellf is lIIochfieet,
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the Twenty Fourth day of . . October in the year of
Ntrreteen-tIutrdreet-aftd Two Thousand and Two (2002)
BETWEEN the Owner: Jr::J;~f~e=~ JR~;t:1:.r~n~cfti,'tJ."tI'~'" cP tl.9a~ .o(r::e".,,'&t
(Nwlle allcl acldress) 530 Green Street
Room 801, Municipal Building
Augusta, GA 30911
and the Contractor:
R.D. Brown Contractors, Inc.
410 Carolina Springs Road
North Augusta, SC 29841
(Nallle (ll/(t ae/e/ress)
The Project is:
(NWlle allcl foCalioll)
FIRE STATION #l
Broad Street
Augus ta, ,GA
The Architect is,:
(Nallle alld acldress)
Virgo Gambill Architects
2531 Center West Parkway
Suite 200
Augusta, GA 30909
The Owner and Contractor agree as set forth below.
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Copyright 1915, 1918, ]925, 193i, 1951. 1958, 1961,1963. 196i, 19i4, 19ii, @198i by The AIl1eric3n Institute of Archi-
tects, I i35 Ncw York Avenue, N, W" W:lshington. D,c. 20006, Reproduction of the m3teri:l1 herein or substantial quotation
of its provisions without written permission of the AlA violates the copyrightl:lws of the United St:ltes and will be subject to
1eg;1I prosecution, "') ,,_
AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREE"IENT . T\'\lELrTH EDITION. AIA@ . @1987
THE AMEHICAN INSTITUTE OF ARCHITECTS. 1755 NEW YORK AVENUE. N.\X'. WASHINGTON, I),c. 20006
A 101-1987 1
WARNING: Unlicensed photocopying violates U.S. copyrlghllaws and Is subJeclto legal prosecution.
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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 jf 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 9, ,.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in
the Contract Documents to be the responsibility of others, or as follows:
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3,2 is measured, an'd shall be the date of
this Agreement, as first written above, 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.
(///serl tlJe dale 0/ commellcemellt, if il differs /rom IlJe dale of Ibis Agreemclll or, !f applicable, slalc tbal IlJe dale willlJe fixed ill a 1I0lice 10 proceed.)
The date of commencement shall beBe.L ':'u Lfle WQ'ti99 'l'eJ?ree.::.c.a. C/c...70B.6fZ. .3~ 2007- ~
Unless the' date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the
Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens
and other security interests,
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(hlserl (be calcndar date ot"llumbc," oj calendar days aJter tbe date of commencement. Also insert any requirements/or earlier Substantial Completion ofee,..
tarn portiollS of /be \f/Ot"k. if not slated e/sewIJenl ill tbe Cuntract Documents.)
(270) Two Hundred Seventy consecutive calendar days from the Notice To Proceed.
, subject to adjustments of this Contract Time as provided in the Contract Documents,
(Insert prul1isio1ls, zl a"y, fur liqu(daled danza~C!s rf!lclfillg to failure to complete on time.)
Liquidated damages in the amount of $200.00 for each consecutive calendar day after
the expiration of the contract completion date, except for authorized extensions of
time by the owner.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006
A101.1987 2
WARNING: Unlicensed photocopying violates U,S, copyright laws end is subject to legal prosecution.
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ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's perfonl1311ce of the Contract the Contract Sum of
One Million, Four hundred-Eleven thousand Eight hundred Eiqhty-six Dollars
($ 1,411,886..00 ), subject to additions and deductirJJ1s :Is provided in the Con-
tract 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: "
(Slllll' Ibe 1I11111IJers or ulber 1"""II/1catlol {)f acceple" (llle/'l/(/los, i/ declslU/ls (JII olber alle!'llales are 10 lJe II/(lde by Ibe OW/le" slibsetjllellllo 11.1" eseCIIllu/I or
this A){t"eeml'Ht, allac/) (i scbedule of sHelJ olber allerno((!s sbowing tbe amuunt lor each and /be dale until wbieb Ibal (1IJlDllla is [}(lUd)
SEE ATTACHMENT "A"
4.3 Unit prices, if any, are as follows:
N/A
AlA DOCUMENT Al0l . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION . AIA~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 200116
A101-1987 3
WARNING: Unlicensed photocopying violates U.S, copyright laws and /s subject to legal prosecution,
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ARTICLE 5
. PROGRESS PAYMENTS
5.1 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,
5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as
follows:
As Above.
5.3 Provided an Application for Payment is received by the Architect not later than the Twenty-Fifth (25th)
---------------------------~ day ofa month, the Owner shall make payment to the Contractor not later than
the Fifteenth (15th )-_-------- 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 not later than thirty (30) -----
--------- days after the Architect receives the' Application for Payment,
5.4 Each Application for Payment shall be bascd upon the schedule of values submitted by the Contractor in accord:ll1ce \vith
th(; Contract Documents, The schedule of values shall allocate the entire Contract Sum among the various portions of the \V'ork
and be prq)ared in such form and supported by such data to substantiate its accuracy as the Architect may require, This sCheclule,
unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment,
5.5 Applications for Payment shall indicate the percentage of cOlilpletion of each portion of the \X1ork as of the end of the period
covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the ;unount of eaGh progress payment .shall be computed as foll~ws:
, .
5.6.1. TIlke that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the \V'ork by the share of the total Contract Sum allocated to that portion of the \X1ork in the schedule
of values, less retainage of Ten --------------------------------------------------- percent
( 10 %), Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be
included as provided in Subparagraph 7,3,7 of the General Conditions even though the Contract Sum has not yet been adjusted
by Change Order;
5.6.2 Add that portion of the Contract Sum propedyallocable to materials anc\ equipment delivered and suitably stored at the
site for subsequent incorporation in the completed construction (or, if approved in adv,Ulce by the Owner, suitably stored off the
site at a location agreed upon in writing), less retainage of
percent ( 10 %);
5.6.3 Subtract the aggregate of previous payments made by tile Owner; and
5.6.4 Subtract ainounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para-
graph 9.5 of the General Conditions,
5.7 The progress payment amoimt determined in accordance with Paragraph 5,6 shall be further modified under the following
circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety- Five -----------------:....--------------------- percent ( 95 %) of the Contract
Sum, less such amounts as the Architect shall determine for incomplete \V'ork and unsettled claims; arid
5.7.2 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 the General Conditions,
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(!/ il is in/ended, !Jrio}" to Su!Js/alllial Cow/Jle/ioll of Ihe entire \\"Ior^=" to reduce or limit (be retainage resulling/rom tbe pch:'Clllages inserted;lI Suvpartl-
~1"(II}hs S. (). I tOld S, (I, J aIJOl'e. (Iud Ihis i."" lIul ('x/J/ailled elseu'bere ill tbe Clnjtracl !J()Cumellls, illsel'l /.lure prol1isiollS for sueb reductio1l ur limitatiun.)
None.
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AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT' TWELFTH EDITION' AIA<!> . @1987
TilE AMERICAN INSTITUTE OF ARCHITECTS, 17:'5 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006
A101-1987 4
WARNING: Unlicensed photocopying violates U.S. copyrlghllaws and Is subject to legal prosecution.
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ARTICLE 6
FINAL PAYMENT
Final/)ayment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (I)
the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming
\'Vork as provided in Subparagraph 12,2.2 of the General Conditiorls and to satisfy other requirements, if any, which necessarily
survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by
the Owner not more than 30 days after the issuance of the Architect's final Certificate 'for Payment, or as follo;-'s:
As Above
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 \X'here reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref-
erence refers to that provision as amended or supplemented by other provisions of the Contract Documents,
7.2 Payments clue anclunpaid under the Contract shall bear interest from the date payment is clue 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,
(Inser' rCile (~/ iNterest tlp,reed ii/JOIl, ~I any)
(1%) One Percent per Month
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(USI/I)' laws (/lid requiremellls Itllder tbe Federal Tmlb illl.elldillg Act, sim i/(I I' s(ale alld loco I WllSllmer credit/allls (llId alber regllla/iulls aI/be Olll/lel"s (II/(/
Contractur's /u"iw;i/Jal places of business, (be 10calinl1 of/he Pn~ic!ct {uurelsewbcre may (~r/('ct tbe u{ltidily of (bis prooision. Legal ar/uices/.>uuld he u!Jta;n(!(/
will) reSpccll(} deletions or mod~ric(lti(JJl.~, (lml niSei rC8ardillR requirements such as writtf?u disclosures 0,. waiuen.)
7.3 Othcr provisions:
None
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owncr or the Contractor as provided in Article ]4 of thc Gcneral Conditions,
8.2 The Work may be suspended by the Owner as provided in Article] 4 of the General Conditions,
AlA DOCUMENT Al0l . OWNER,CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA'" . @19Ri
THE AMERICAN INSTITUTE OF ARCHITECTS, I i~~5 NEW YORK AVENUE, N ,\V, , WASHINGTON, D,C, 20006
A101.1987 5
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ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after, execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document Al 0 1, 1987
Edition.
9.1.2
9.1.3
Thecfinera~~~~ are tl G..~:~~~tions of the Contract for Construction, AlA Document A201, 1987 Edition,
The suppfementary and ~r ,C~itions of the Contract are those contained in the Project Manual dated
, and are as follows:
April 30, 2002
Document
See Attachment
Title
Pages
"B"
9.1.4 The Specifications are those contained in the Pi'oject Manual dated as in Subparagraph 9,1,3, and are as follows:
(Eilbe.. lisl Il.>e Specificali(i/lS I'e..e 0" ,'efe,' 10 ,m exl.>ibil allacfJed In II'is Ag,'eemelll.)
Section
See Attachment "B"
Title
Pages
AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT. TWEI.FTH EDITION . AIA~ . @1987 '
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N,W" WASHINGTON, J),C, 20006
A101.1987 6
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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9.1.5 The Drawings arc as follows, and are dated
(h'it/wr Ii:.;' (he /J,.(ueill,l.!,s be!"e nr n~/(:r to (II! l'xl.ll'hit allac:bed to Ibis A)<reC!1JIenl.)
unless a different dale is shown below:
Number
Title
Date
See Attachment "C"
9.1.6 The addenda, if any, are as follows:
Number Date Pages
1 July 17, 2002 2
2 July 17, 2002 1
3 August 5, 2002 21
4 August 7 , 2002 1
5 August 8, 2002 10
6 August 9, 2002 1
7 August 15, 2002 2
Portions of addemla relating to bidding requirements are not part of lhe Contract Documents unless the bidding requirements are
also enumerated in this Article 9,
AlA DOCUMENT Al0l . OWNER-CONTRACTOR AGREEMENT' TWELFTH EDITION' AIA'" . @1987
THE AMERICAN INSTITUTE OF AHCHITECTS, 1755 NEW YOHK AVENUE, N,W" \VASHINGTON, D,C 2(J()O(,
A101-1987 7
WARNING: Unlicensed photocopying violates U.s. copyright laws and Is subject to legal prosecullon.
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9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List be,'e (lilY additional documellts wbieb are ill tended to form part of tbe Comract Documents, 71,le General COllditions provide tbat biddillg requiremems suel)
as advertisemem or (,witation to bid, Instwetions to Bidders, sample forms and the COlltraClor 's bid are 1I0t part oJ tbe Comraet Docume,lIs unless enumerated
in tbis Agreemellt, Tbey sbould be listed bere ollly if intended to be part of tbe Carllmct Documems)
N/A
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.
CON~ ;1P6
(Sigf;afllre)
R.D. Brown, President
(Printed /lallle mid tille)
AUTIO uld sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW" WASHINGTON, D,C. 20006
A101.1987 8
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution,
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ATTACHMENT "A"
FIRE STATION #1
AUGUSTA RICHMOND COUNTY
FIRE DEPARTMENT
Item Description Total
A Original Bid $1,471,000
B Alternate #2 Change Steel Trusses -2,850
C Alternate #4 Install Broad St. Median Cut +9,000
Negotiated Deducts
Relocate area underground retention to Broad Street side of Fire Station
1 (Redesign by OneSource Development)
2 Use area drain in lieu of trench drain at Broad Street driveway -2,000
Change asphalt paving at Reynolds Street drive to concrete paving, change
3 parking area on Sibley Road to 6" crusher run and 2" asphalt
Delete sprinkler line backflow preventer vault and locate backflow preventer
4 on riser -4,240
5 Reduce cabinet allowance from 40,000 to 30,000 -10,000
6 Reduce testing allowance from $7500 to $4500 -3,000
Revise Roofing Requirements as listed below:
A-Revise insulation from 4" to 3"
B-Revise Garland 12" metal panel to 18"
7 C-Revise Mod. Bit roof to Garland versiply Cap Sheet -15,200
8 Use stucco in lieu of cast stone- (including tower) -15,675
9 Delete epoxy thin set at tile -2,097
10 Delete epoxy grout at tile -2,796
11 Use Ala or Dal- Tile 1 x 1 mosaics group 1 floor tile in lieu procelain tile -678
12 Use Ala 4 x 4 group 1 wall tile in lieu of procelain -1,935
Use base A3401 4 x 4 walls with tile, S3419 x 6 walls without tile in lieu of
13 procelain base -816
14 Delete Polyurethane Coating 0 Slab -1,700
Change color concrete to two coats Sherwin Williams Tile Clad II epoxy
15 flooring-standard color N/C
16 Revise sheathing behind stucco from Dens Glass Gold to 7/16 OSB -640
17 Revise Vinyl Clad door to HM with 1/2 glass 9 lite -222
18 Delete low volt piping above ceiling -800
19 Use galvanized steel roof curbs in lieu of aluminum -300
20 Delete duct liner beyond 5' down stream of air handling units -275
Use standard induced draft type unit heater in lieu of separated combustion
21 type -600
22 Use FSK tape in lieu of glass-fab and mastic on duct insulation joints -200
23 Change P-9 and P-10 fixtures to 20 gauge SS -136
24 Change P-11 fixture to molded stone -184
25 Change P-16 fixture to 16 gauge SS -460
26 Change wall hydrants to Woodward #65 -60
27 Use shop fabricated top for Oil/Water Separator in lieu of aluminum top -1,250
CONTRACT SUM = $1,411,8861
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iTTACf!MENT "B"
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SECTION 00010
TABLE OF CONTENTS
00001 - PROJECT TITLE PAGE
00007 - SEALS PAGE
00010 - TABLE OF CONTENTS
00015 - LIST OF DRAWINGS
00100 -INVITATION TO BID
00200 - INSTRUCTIONS TO BIDDERS
AlA DOCUMENT A701
00220 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
00410 - BID FORM
AlA DOCUMENT A305
00500 - FORM OF AGREEMENT
00600 - BONDS AND CERTIFICATES
00700 -.GENERAL CONDITIONS
00800 - SUPPLEMENTARY CONDITIONS
DIVISION 1 -- GENERAL REQUIREMENTS
01100 - PROJECT SUMMARY
01210 - ALLOWANCES
01230 - ALTERNATES
01300 - ADMINISTRATIVE REQUIREMENTS
01325 - CONSTRUCTION PROGRESS SCHEDULE
01330 - DELAYS AND TIME EXTENSIONS
01355 - ENVIRONMENTAL SURVEY
01500 - TEMPORARY FACILITIES AND CONTROLS
01600 - PRODUCT REQUIREMENTS
01780 - CLOSEOUT SUBMITTALS
DIVISION 2 -- SITE CONSTRUCTION
02200 - SITE PREPARATION
21241 Augusta/Richmond County Fire Station #1
00010 - 1
TABLE OF CONTENTS
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02310 - GRADING
02315 - EXCAVATION
02316 - FILL AND BACKFILL
02317 - TRENCHING FOR SITE UTILITIES
02318 - ROCK REMOVAL
02361 - SOIL TREATMENT FOR TERMITE CONTROL
02441 -IRRIGATION SYSTEM
02485 - SEEDING
02487 - SODDING
02490 - TREES, PLANTS AND GROUND COVERS
02510 - WATER DISTRIBUTION
02515 - DISINFECTION OF WATER DISTRIBUTION SYSTEMS
02535 - SANITARY SEWER PIPING
02635 - STORM DRAINAGE PIPING
02741 - BITUMINOUS CONCRETE PAVING
02751 - PORTLAND CEMENT CONCRETE PAVING
02843 - PARKING BUMPERS
DIVISION 3 -- CONCRETE
03051 - CONCRETE COLOR ADDITIVE
03300 - CAST-IN-PLACE CONCRETE
03356 - CONCRETE FLOOR FINISHING
DIVISION 4 -- MASONRY
04065 - MORTAR AND MASONRY GROUT
04080 - HORIZONTAL MASONRY JOINT REINFORCEMENT SYSTEMS
04082 - CAVITY WALL DRAINAGE SYSTEM
04210 - BRICK MASONRY UNITS
04220 - CONCRETE MASONRY UNITS
04720 - ARCHITECTURAL CAST STONE
DIVISION 5 -- METALS
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00010 - 2
TABLE OF CONTENTS
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05120 - STRUCTURAL STEEL
05210 - STEEL JOISTS
05310 - STEEL DECK
05400 - COLD FORMED METAL FRAMING
05500 - METAL FABRICATIONS
DIVISION 6 -- WOOD AND PLASTICS
06067 - HIGH PRESSURE DECORATIVE LAMINATES
06100 - ROUGH CARPENTRY
06200 - FINISH CARPENTRY
06410 - CUSTOM CABINETS
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07115 - BITUMINOUS DAMPPROOFING
07210 - FIBERGLASS INSULATION
07212 - CAVITY WALLBOARD INSULATION
07214 - FOAMED-IN-PLACE INSULATION
07216 - LOOSE FILL INSULATION
07222 - ROOF BOARD INSULATION
07261 - WEATHER RESISTANT MEMBRANE (TYVEK "STUCCOWRAP")
07262 - VAPOR RETARDER MEMBRANE
07550 - MODIFIED BITUMEN ROOFING
07610 - METAL ROOFING
07620 - SHEET METAL FLASHING AND TRIM
07650 - FLEXIBLE THROUGH WALL FLASHING
07840 - FIRESTOPPING
07900 - JOINT SEALERS
DIVISION 8 -- DOORS AND WINDOWS
08110 - STEEL DOORS AND FRAMES
08205 - VINYL INSULATED STEEL ENTRY DOORS
08360 - ALUMINUM SECTIONAL DOORS
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TABLE OF CONTENTS
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08410 - ALUMINUM-FRAMED STOREFRONTS
08568 - VINYL WINDOWS
08710 - DOOR HARDWARE
08800 - GLAZING
DIVISION 9 - FINISHES
09205 - DIAMOND MESH METAL LATH
09220 - PORTLAND CEMENT PLASTER (STUCCO)
09260 - GYPSUM BOARD ASSEMBLIES
09261 - EXTERIOR GYPSUM BOARD SHEATHING - FIBERGLASS REINFORCED
09300 - PORCELAIN TILE
09511 - SUSPENDED ACOUSTICAL CEILINGS
09650 - RESILIENT FLOORING
09680 - CARPET
09900 - PAINTS AND COATINGS
DIVISION 10 -- SPECIALTIES.
10100 - VISUAL DISPLAY BOARDS
10170 - PLASTIC TOILET COMPARTMENTS
10350 - FLAGPOLES
10420 - METAL BUILDING LETTERS
10421 - METAL PLAQUE
10441 - PLASTIC SIGNS
10500 - LOCKERS
10523 - FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES
10530 - PROTECTIVE COVERS
10800 - TOILET, BATH, AND LAUNDRY ACCESSORIES
10999 - TOWER CLOCK
DIVISION 11 -- EQUIPMENT
11005 - MISCELLANEOUS EQUIPMENT
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00010 - 4
TABLE OF CONTENTS
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DIVISION 12 -- FURNISHINGS - NOT USED
DIVISION 13 -- SPECIAL CONSTRUCTION - NOT USED
DIVISION 14 -- CONVEYING SYSTEMS - NOT USED
DIVISION 15 - MECHANICAL
15050 - GENERAL PROVISIONS
15051 - CODES, PERMITS & INSPECTION
15090 - MECHANICAL SUPPORTING DEVICES
15100 - VALVES
15140 - PUMPS
15200 - VIBRATION & SOUND CONTROL
15250 - MECHANICAL SYSTEMS INSULATION
15311 - COMPRESSED AIR SYSTEM
15350 - NATURAL GAS SYSTEM
15351 - L. P. GAS SYSTEM
15401 - DOMESTIC WATER SYSTEMS
15405 - SOIL, WASTE, VENT & ROOF DRAIN SYSTEMS
15424 - WATER HEATERS & ACCESSORIES
15450 - PLUMBING FIXTURES & ACCESSORIES
15501 - AUTOMATIC SPRINKLER SYSTEM
15661 - AIR-COOLED CONDENSING UNIT
15701 - PIPING FOR MECHANICAL SYSTEMS
15764 - UPFLOW GAS FURNACE & COOLING COIL
15795 - ELECTRIC HEATERS
15815 - GAS FIRED UNIT HEATER
15820 - FANS
15840 - AIR DISTRIBUTION SYSTEM
15851 - VEHICULAR EXHAUST SYSTEM
15889 - RANGE HOOD VENTILATING SYSTEM
15900 - HV AC CONCTROLS
DIVISION 16 -- ELECTRICAL
16000 - GENERAL
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00010 - 5
TABLE OF CONTENTS
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16010 - LIGHTING POWER & PANELBOARDS
16015 - FUSES
16020 - RACEWAYS
16030 - CONDUCTORS
16040 - OUTLETS
16050 - WIRING DEVICES & DEVICE PLATES
16060 - LIGHTING FIXTURES & LAMPS
16070 - DISCONNECT SWITCHES
16090 - PHOTO CONTROL & CONT ACTOR
16100 - PULL BOXES & JUNCTION BOXES & FITTINGS
16110 - GROUNDING
16120 - EQUIPMENT INDENTIFICATION
16130 - DATAlVOICE CONDUIT & OUTLET SYSTEM
16140 - FIRE ALARM SYSTEM
16150 - CLOCKS
16160 - TRANSIENT VOLTAGE SURGE SUPPRESSOR
16190 - ENGINE GENERATOR SET
16220 - CONSTRUCTION REVIEWS, INSPECTION & TESTING
END OF TABLE OF CONTENTS
2124/ AugustalRichmond County Fire Station #1
00010 - 6
TABLE OF CONTENTS
Page 6 of 6
i ATTACHMENT "C"
,-.
SECTION 00015
LIST OF DRAWINGS
COVER
CO.1 BOUNDARY, TOPO & DEMOLITION
C1.1 SITE LAYOUT & UTILITY PLAN
C2.1A GRADING, DRAINAGE & S.E.S.C. PLAN
C2.2 S.E.S.C. NOTES & DETAILS
C3.1A MISC. PROFILES
C4.1 MISC. DETAILS
C4.2 MISC. DETAILS
C4.3 MISC. DETAILS
C4.4A MISC. DETAILS
L1.1 LANDSCAPING PLAN
L2.1 IRRIGATION PLAN
L3.1 MISC. DETAILS
A1.1 FLOOR PLAN
A2.1 ELEVATIONS
A2.2 CAST STONE DETAILS
A3.1 CROSS SECTIONS
A4.1 WALL SECTIONS
A4.2 WALL SECTIONS
A4.3 TOWER SECTIONS
A4.4 TOWER SECTIONS
A5.1 ROOF PLAN
A5.2 ROOF DETAILS
A6.1 FINISHES, DOORS AND WINDOWS
A6.2 DOOR AND WINDOW DETAILS
A7.1 REFLECTED CEILING PLAN
A8.1 MILLWORK DETAILS
A8.2 MILLWORK DETAILS
A9.1 ENLARGED PLANS
A9.2 ENLARGED PLANS
2124 I AugustalRichmond County Fire Station #1
00015 - 1
LIST OF DRAWINGS
Page 1 of 2
., ....
..
A10.1 CANOPY PLANS & DETAILS
A11.1 SIGN DETAILS
S1.0 GENERAL NOTES
S2.1 FOUNDATION AND SLAB PLAN
S2.2 ROOF FRAMING PLAN
S3.1 CONCRETE DETAILS
S4.1 MASONRY DETAILS
S5.1 STEEL DETAILS (1 OF 2)
S5.2 STEEL DETAILS (2 OF 2)
P1.1 PLUMBING WATER & GAS PLAN
P1.2 PLUMBING WASTE PLAN
P1.3 PLUMBING DETAILS & SCHEDULES
FP1.1 FIRE PROTECTION PLAN
M1.1 HV AC PLAN
M1.2 VEHICLE EXHAUST PLAN
M2.1 HVAC DETAILS
M2.2 HVAC DETAILS AND SCHEDULES
E1.1 SCHEDULE & FIXTURES LEGEND
E2.1 ELECTRICAL SITE PLAN
E3.1 LIGHTING PLAN
E4.1 POWER PLAN
E5.1 SYSTEMS PLAN
E6.1 POWER RISER DIAGRAM & PANELBOARDS
E7.1 DETAILS
END OF LIST OF DRAWINGS
2124/ Augusta/Richmond County Fire Station #1
00015 - 2
LIST OF DRAWINGS
Page 2 of 2
......
THE
AMERICAN
INSTITUTE
o F
ARC HIT E C T S
c
I'
1 '
i
i
I
I
A/A Document A201
General Conditions of the Contract
for Construction
TH[S DOCUMENT HAS [MPORTANT LEGAL CONSEQUENCES; CONSULTATION
W[TH AN ATTORNEY [S ENCOURAGED W[TH RESPECT TO [TS MOD[FlCATlON
1987 EDITION
1r ABLE OF ARTICLES
1. GENERAL PROVISIONS
8. TIME
2. OWNER
9. PAYMENTS AND COMPLETION
3. CONTRACTOR
10. PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT
11. INSURANCE AND BONDS
5. SUBCONTRACTORS
12. UNCOVERING AND CORRECTION OF WORK
6. CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
13. MISCELLANEOUS PROVISIONS
7. CHANGES IN THE WORK
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
This document has been approved and endorsed by the Associated General Contractors of America.
Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, @1987 by The American Institute of Architects, 1735
New York Avenue, N,W" WashingtOn, D,C" 20006, Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions,
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA<!J . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006
A201.1987 1
---. ...~:
--
Acceptance of Nonconforming Work. . . . . .9.6.6,9.9.3,12.3
Acceptance of Work ........... 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3
Access to Work .... ............ ... 3.16,6.2.1,12.1
Accident Prevention.. .. . . . . . . . . . . . . . . . . . . . . 4.2.3,10
ActsandOmissions .. 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2,
4.3.9,8.3.1,10.1.4,10.2.5,13.4.2,13.7,14.1
Addenda ... ............................1.1.1,3.11
Additional Cost, Claims for.... ... .. 4.3.6,4.'3.7,4,3.9, 6.J.l, 10.3
Addition;lllnspections and Testing. . . . . .. 4.2.6,9.8.2, 12.2.1, ] 3.5
Additional Time, Claims for. . . . . . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2
ADMINISTRATION OF THE CONTRACT. . . . . .. 3.B, 4,9.4,9.5
Advertisement or Invitation to Biel . . . 1.1.1
Aesthetic Effect.. ........... .. ........ .... 4.2.13,4.5.1
Allowances. . . . . . . . . . . . . . . . .. 3.8
All-risk Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11.3.1.1
Applications for Payment 4.2.5,7.3.7,9.2,9.3,9.4,9.5. 1,9.6.3,
9.8.3,9.10.1,9.10.3,9.10.4,11.1.3, ]4.2.4
Approvals.... 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.]2.8, 3.18.3,
4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5
Arbitration. . . , . . . . . . . . . . . . . . . .. 4.1.4,4.3.2,4.3.4,4.4.4,4.5,
8.~,>.1, 10.1.2, 11.3.9, 11.3.]0
Architect .. . . . . . . . . . . . . . . . . . . . . .. 4.1
Architect, Definition of. ..... ....... 4.1.1
Architect, Extent of Authority.. ... . .. 2.4,3.12.6,4.2,4.3.2,4.3.6,
4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1,
9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1,
13.5.1,13.5.2,14.2.2,14.2.4
Architect, Limitations of Authority anel Responsibility. 3.3.3,3. ]2.8,
3.12.] 1,4.1.2,4.2.],4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,
42.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6
Architect's Additional Services and Expenses. . . . . . . . .. 2.4,9.8.2,
. 11.3.1.],12.2.1,12.2.4,13.5.2,13.5.3, ]4.2.4
Architect's Administration of the Contract. . . . 4.2,4.3.6,
4.3.7,4.4,9.4, 9.5
Architect's Approvals 2.4,3.5.1,3.] 0.2,3. I 2.6,3.12.8, :3.1 8.3,4.2.7
Architect's Authority to Reject Work .... 3.5.1,4.2.6,12.1.2, ]2.2.1
Architect's Copyright 1.3
Architect's Decisions. ... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.38,8.1.3,8.3.1,
9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4
Architect's Inspections. . . . . .. .. 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2,
9.9.2,9.]0.1,135.
Architect's Instructions .. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1, 13.5.2
Architect's Interpretations. . . . . . . . . . . . . . 4.2.]],4.2.12,4.3.7
Architect's On-Site Observations 4.2.2,4.2.5,4.3.6,9.4.2,
9.5.1,9.10.1,13.5
Architect's Project Representative . .'. . . . . . . . . . . . . . . .. 4.2.10
Architect's Relationship with Contractor. . . . .. 1.1.2,3.2.1,3.2.2,
:'>.3.3, ~'>.5.1, 3.7.3,3.[1,3.12.8,312.11,3.16,3.18,4.2.3,4.2.4,
4.2.6,4.2.12, 5.2,6.2.2,7.3.4,9.8,2, 11.3.7, 12.1, 13.5
Architect's Relationship with Suhcontractors . . .. 1.1.2,4.2.3,4.2.4,
4.2.6,9.6.3,9.6.4, 11.3.7
Architect's Representations ..... 9.4.2,9.5.1,9.10.1
Architect's Site Visits. . . . . . .. 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1,
98.2, 9.9.2, 9.10.], 13.5
Asbestos. . . . 10.1
Atturneys'Fees... ............ 3.18.1,9.10.2,10.1.4
A ward of Separate Contracts. . . . . . . . . . . . 6.1. I
Award of Subcontracts and Other Contracts for
Portions of the Work
Basic Definitions. . . .
Bidding Requirements. .
Boller and Machinery insurance . .
Bunds, Lien ..............
Bonds, Perforn\ance and Payment .
5.2
1.1
I.I, 1.1.7,5.2.1,11.4.1
.. 11.3.2
. .. .. 9.10.2
7.3.6.4,9.10.3,11.3.9,11.4
INDEX
Building Permit .....,.,............................ 3.7.1
Capitalization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.4
Certificate of Substantial Completion. . . . . . . . . . . , . . . . . . .. 9.8.2
Certificates for Payment'. . . . . .. 4.2.5,4,2.9,9.3.3,9.4,9.5,9.6.1,
9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4
Certificates of [nspection, Testing or Approval ..... 3.12.11,13,5.4
Certificates of Insurance .... .... .. .... .. .. 9.3.2,9.10.2,11.1.3
Change Orders. ..... 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3:3,5.2.3,
7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2,
. 11.3.4, 11.3.9, 12.1.2
Change Orders, Definition of . . . . . . . . , . , . . . . . . . . . ., 72.1
Changes. . . . . . ., . . . . . . . . . . . . . , . . . .. 7.1
CHANGES IN THE WORK .... 3.1 1,4,2.8,7,8,3. 1,9.3.1.1, 10. 1.3
Claim, Definition of . . . . . . . . . . . . . . . . '. . . . . . . . . .. 4.3.1
Claims and Disputes. . . . . . . . . . . , , . .. 4.3,4.4,4.5,6.2.5,8.3.2,
9.3.1.2,9.3.3,9.10.4,10.1.4
Claims and Timely Assertion of Claims ..........,..... 4.5.6
Claims for Additional Cost. . . . . . . . .4.3.6,4.3.7,4.3.9,6.1. I, 10.3
Claims for Additional Time. . . . . . . . . . .. 4.3.6,4.3.8, 4.3.9,8.3.2
Claims for Concealed or Unknown Conditions. . 4.3.6
Claims for Damages. .,3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4
Claims Subject to Arbitration. . . . . . . . . . . . .. 4,3.2,4.4.4,4.5.1
Cleaning Up . . . . . . . . . . . . . . . . . . . . . .. 3.15, 6.~'>
Commencement of Statutory Limitation Period .. . . . . . . .. 13.7
Commencement of the \X/ork, Conditions Relating to ....... 2.1.2,
2.2.1,3.2.1,3.2,2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1,
6.2.2,8.1.2,8.2.2, 9.2, 11.1.3, 1 \.'3.6, 11.4.1
Commencement of the Work, Definition of . . . . .. 8.1.2
Communications Facilitating Contract
Administration ......... 3.9.1,4.2.4,5.2.]
Completion,ConditionsRelatingto.... ~'>.]],3.15,4,2.2,4.2.9,
4.3.2,9.4.2,9.8,9.9.1,9.10, ] 1.3.5,12.2.2,13.7.1
COMPLETION, PAYMENTS AND. . . . . . . . . . . . . . . . . . . . .. 9
Completion, Substantial.. ... .., 4.2.9,4.3.5,2,8.1.1,8.1.3,8.2.3,
9.8,9.9.1,12.2.2, 13.7
Compliance with Laws . 1.3,3.6,3.7,3.13,4.1.],10.2.2,11.1,
11.3,13.1,13.5.1,13.5.2,13.6,14.1.],14.2.1.3
Concealed or Unknown Conditions. . . . . .. 4.3.6
ConclitionsoftheCuntract .... .... 1.1.1,1.1.7,6..1.1
Consent, Written . . . . . . . . . . . . . . . . .. 1.3.1, 3.12.8,3.14.2, 4.1.2,
4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3,
11.3.1,11.3.1.4, ] 1.3.11, 13.2, 1342
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS. . . . . . . . . . . . . . . . . . . . . . . . . , . . .. 1.1.4,6
Construction Change Directive, Definition of. . . . . . . . .. 7.3.1
Construction Change Directives . . .. 1.1.1, 4.2.8, 7.],7.3, 9.3.1.1
Construction Schedules, Contractor's. . . . . . . 3.10,6.1.3
Contingent Assignment 01 Subcontracts ... . . . . .. 5.4
Continuing Contract Performance 4.3.4
Contr;lCt, Definition of . . . . . . . . . . . . , . . . .. . . . . . . .. 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE. . . . . . . . . .. 4,:1.7,5.4. I.I, 14
Contract Administration. . . . . . 3.~L\, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating to . ~~.7.1,
3.10, 5.2,9.2, 11.1.3, 11.3.6, 11.4.1
Contract Documents, The.,.. ....... 1.1,1.2,7
Contract Documents, Copies Furnished and Use of. .. 1.3,2.2.5,5.3
Contract Documents, Definition of . . . . . . . . . . . . . . . . . . . .. 1.1.1
Contract Performance During Arbitration. . . . . . . . . . .. 4.3.4,4..5.3
Contract Sum. . 3.8,4.3.6,4.3.7,4.4.4,5.2.3,
6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4
Contract Sum, Definition of. . . . . 9.1
Contract Time ..... ..... . 4.:,>.6,4.3.8,4.4.4,7.2.1.3,7.3,
8.2.1,8.3.1,9.7, 12.1.]
Contract Time, Definition of . . . . . . . . .. ... 8.1.1
2 A201-1987
AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHtTECTS, I7.~5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2lJOo6
..
...
CONTRACTOR . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3
Contractor,Deflnltlonof ......,.., .......,........ 3.1,6.1.2
Contractor's Bid. . . . . . . , . . . . . . . . . . . . , . . . . . . , , . , . . . .. 1.1.1
Contractor's Construction Schedules. . . . . . . . . . . .. 3.10, 6.1.3
Contractor's Employees, . , . . .. 3.3.2,3.4,2,3.8.],3.9,3.18,4.2.3,
4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1
Contractor's Liability Insurance. . . . . . . . . . . . . . . . . . . . . .. 11.1
Contractor's Relationship with Separate ContractOrs
anelOwner'sForces...... 2.2.6,3.12.5,3.14.2,4.2.4,6, ]2.2.5
Contractor's Relationship with Subcontractors 1.2.4,3.3.2,
3.18.1,3.18.2,5.2,5.3,5.4,9.6.2, 11.3.7,11.:3.8,14.2.1.2
Contractor's Relationship with the Architect . . .. 1.1.2, 3.2.1,3.2.2,
3.33,3.5.1,3.7.3,3.11,3.1283.16,3.18,4.2.3,4.2.4,4.2.6,
4.2.12,5.2,6.2.2,7.3.4,9.8.2, 11.3.7,12.1,13.5
Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.],9.3.3
Contractor's Responsibility for Those
Performing the Work . . .. 3.3.2,3.18,4.2.3, 10
Contractor's Review of Contract Documents. . . . .. ] .2.2,3,2,3.7.3
Contractor's Right to Stop the Work ...................... 9.7
Contractor's Right to Terminate the Contract ... . . . . .. ] 4.1
Contractor'sSubmittals ....... 3.]0,3.11,3.12,4.27,5.2.1,5.23,
7.3.6, 9.2, 9.3.1, 98.2, 9.9.1, 9.10.2,
9.10.3,10.1.2,11.4.2, 11.4.3
Contractor's Superintendent. . . . . . . . . . . . . 3.9,10.2.6
Contractor's Supervision and Construction Procedures. 1.2.4,
3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10
Contractual Liability Insurance. . . . . . . . . .. 11.1.1.7, 11,2.1
Coorelination and Correlation. . ] .2,2, 1.2.4,3.3.1,
3.10,3.12.7,6.1.3,6.2.]
Copies Furnished of Drawings and Specifications ... ].3,2.2.5,3.11
Correction of\Vork . . . . . . . . . . . . . .. 2.3,2.4,4.2.1,9.8.2,
9.9.1, 12.1.2,12.2, 13,7.1.3
Cost, Definition of .. 7.3.6,14.3.5
Costs. ... 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3,
6.1.1, 6.2.3, 6.3, 7 .3.~'>.3, 7.3.6, 7.3.7, 9.7,9.8.2,9. ] 0.2, 11.3.] .2,
11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5, ]3.5, 14
Cutting and Patching. . .................... 3.14,6.2.6
Damage to Construction of Owner or Separate Contractors 3.14.2,
6.2.4, 9.5.1.5, 10.2.1.2, ] 0.2.5, 10.3, 11.], 11.3, ] 2.2.5
Damage to the Work. . . .. 3.14.2,9.9.1. 10.2.1.2, 10.2.5, I 0.3,.11.~~
Damages, Claims for. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, ]0.1.4
Damages for Delay. ................... 6.1.1,8.3.3,9.5.1.6,9.7
Date of Commencement of the Work, Definition of. . . . . . . 8.1.2
Date of Substantial Completion, Definition of. . . . . .. 8.1.3
Day, Definition of. . . 8.1.4
Decisions of the Architect. . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2,4.3.6, 4.4.1,4.4.4,4.5,6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1,9.2,
9.4,9.5.1,9,8.2,9.9.1,10.1.2,13.5.2,14.2.2, ]4.2.4
Decisions to Withhold Certification . . . .. 9.5,9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of . . . . . . . . . . ., 2.3,2.4,3.5,1,4.2.1,
4.2.6,4.3.5,9.5.2,9.8.2,9.9.1, 10.2,5, 12, 13.7.1.3
Defective Work, Definition of . . . . . . . . . . . . . . . . . . . . 3.5.1
Definitions...... 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1,
4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1
Delays and Extensions of Time. . . . . . . . .. 4.3.1,4.3_8.],4.3.8.2,
6.1.1,62.3,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8,
7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4
Disputes . . . .. 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.'3.8,9.3.1.2
Documents and Samples at the Site. . . . . . . . . . . . . . .. 3.11
Drawings, Definition of . . . . . . . . . . . . . . . . . . . . .. 1.1.5
Drawings and Specifications, Use and Ownership of. . . .. 1.1.], 1.3,
2.2.5, 3.]], 5.3
Duty to Review Contract Documents and Field Conditions. . . .. 3.2
Effective Date of Insurance. . . . . . . . . . . . . . 8.2.2, 11.1.2
Emergencies. . . . . . . . . . . . . .. 4.3.7,10.3
Employees, Contractor's..... 3.3,2,3.4.2,3.8.],3.9,3.18.1,
3.18.2,4.2.3,4.2.6,8.1.2, ]0.2, 10.3,11.1.1,14,2.1.]
Equipment, Labor, Materials and. . . . . . . . .. I.] .3, 1.1.6,3.4,3.5.1,
3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.]5.1,4.2.7,
6.2.1, 7.3.6,9.3,2,9.3.3, 11.3, 12,2.4, 14
Execution and Progress of the Work 1.1.3, 1.2.3, 3.2, :3 .4.1,
3.5.],4.2.2,4.2.3,4.3.4,4,3.8,6.2.2, 7.1.3,
7.3.9,8.2,8.3,9.5,9.9.1,10.2,14.2,14.3
Execution, Correlation and Intent of the
Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . .. 1.2,3.7.1
Extensions of Time 4.:''>.], 4.3.8,7.2.1.3,8.3, 10.'.'>.1
Failure of Payment by Contractor ............. 9.5.1.3,14.2.1.2
Failure of Payment by Owner ... .. 4.3.7,9.7,14.1.3
Faulty Work (See Defective or Nonconforming Work)
Final Completion and Final Payment .... 4.2.1,4.2.9,4.3.2,
4.3.5,9.10, ]1.1.2,11.1.3,11.3.5,12.3.1,137
Financial Arrangements, Owner's. . . . . . . , . . . . , . . , . 2.2.1
Fire anel Extended Coverage Insurance . . 11.3
GENERAL PROVISIONS. . . . . . . . . . . . . .. 1
Governing Law .. . . . . . . . . . . . ., 13.1
Guarantees (See Warranty anel W'arranties)
Hazardous Materials. . . . . . . . . . . . 10.1, 10.2.4
Identification of Contract Documents . . , . . . . . . .. ] .2.1
lelentification of Subcontractors and Suppliers . . . . . .. 5.2.1
Indemnification... 3.17,3.18,9.]0.2,10.1.4,11.3,1.2,11.3.7
Information and Services Required of the Owner. . . .. 2.1.2,2.2,
4.3.4,6.1.3,6.1.4,6.2.6, 9.3.2, 9.6.1,9.6.4, 9.8.3, 9.9.2,
9.10,3, ]0.1.4, 11.2, ]1.3, U.5.], 13.5.2
Injury or Damage to Person or Property. . . . , . . . . . . . . .. 4.3.9
Inspections......................... 3.3.3,3.3.4,~'>.7.1,4.2.2,
4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1,13.5
Instructions to Bielders . . . . . . . . . . . . . . . . . . .. 1.1.1
Instructions to the Contractor. ... 3.8.1,4.2.8,5.2.1,7, 12.1, 15.5.2
Insurance....... 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.],9.]0.2,]1
Insurance, Boller and Machinery ................. 11.3.2
Insurance, Contractor's Liability . , . . . . . . . .. 11.1
Insurance, Effective Date of .. . . . . . . . . 8.2.2, 11.1.2
Insurance, Loss of Use. . . . . . . . . . . 11.3.3
Insurance, Owner's Liability. ........ . . . . . . . .. 11.2
Insurance, Property.. ... .... . .. . ... .. 10.2.5,11.3
Insurance, Stored Materials .... . . . . . . . . . . . . . .. 9.3.2, 11.3.1.4
INSURANCE AND BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Insurance Companies, Consent to Partial Occupancy. .9.9.1, 11.3.1]
Insurance Companies, Selllement with. . . . " . . . . . . . . . . .. \ 1.~,>.1 0
Intent of the Contract Documents. ... . .... 1.2.3, ~'>.12.4,
4.2.6,4.2.7.4.2.12,4.2.13,7.4
Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13.6
Interpretation. . . .. 1.2.5, 1.4,1.5,4.1.1, 4.~~.1, 5.1,6.] .2, 8.1.4
Interpretations, Written........ 4.2.11,4.2.12,4.3.7
Joinder and Consolielation of Claims Required. . . . . . . . 4.5.6
Judgment on Final Award .. . 4.5.1,4.5.4.],4.5.7
Labor and Materials, Equipment.... 1.1.~), 1.1.6,3.4,3.5.1, 3.H.2,
3.12.2,3.12.3,3.12.7,3.]2.11,3.15,3.15.1,
4.2.7,6.2.1, n.6, 9.3.2, 9.3.~), 12.2.4, 14
Labor Disputes. . . . . . . . . . . . . . . . 8.:\. \
Laws and Regulations 1.3,3.6,3.7, .'>. U, 4.1.1,4.5.5,4.5.7,
9.9.],10.2.2,11.1, ] 1.3,13.1, 13.4, 1~'>.5.1, 13.5.2, 13.6
Liens. . . . .. .... .. 2.1.2,4.3.2,0.5.1,8.2.2,9.3.3,9.10.2
Limitation on Consolidation or Joinder ... .. . . . . . . . .. 4.5.5
Limitations, Statutes of . . . . . . . . . .. 4.5.4.2, 12.2.6, 1'3.7
Limitations of Authority. . . . . '_' . . . . .. 3.3.1,4.1.2,4.2.1,
4.2.3,4.2.7,4.2.10,5.2.2,5.2.4,7.4, ] 1.3.10
A201-1987 3
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA$ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 2000(\
LimitationsofLiability...,. 2.3,3.2.1,3.5.],3,7.3,3.12.8,3.12.11,
3.17, 3.18, 4,2.6, 4.2.7, 4.2.12, 6,2.2, 9.4.2, 9.6.4, 9.10.4,
10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2
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Limitations of Time, General ........... 2.2.1,2,2.4,3.2.1,3,7.3,
3.8.2,3.10,3.12.5,3.15.1,4,2.1,4.2.7,4.2.11,4.3.2,
4.3.3,4,3.4,4.3.6,4.3.9,4.5.4,2,5.2.1,5.2.3,6.2.4, 7.3.4, 7.4,
8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, I I .3.1, 11.3.2, 11.3.5,
11.3.6,12.2.],12.2.2,13.5,13.7
LimitationsofTime,Specific......... 2.1.2,2,2.1,2.4,3,10,3,11,
3.15.1,4.2.1,4.2.11,43,4.4,4.5,5.3,5.4,7.3.5, 7.3.9, 8.2,
9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 1 I. 1.3, 11.3.6,
11.3.10, 11.3.11,12.2.2,12.2.4,12.2.6,13.7, 14
Loss of Use Insurance. . . . . . . . . . . ,. 11.3.3
MaterialSuppliers . . . .... . 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1,
9.3,1,9.3.1.2,9.3.3,9.4.2,96.5,9.10.4
Materials, Hazardous. . . . . . . .. 10.1,10.2.4
Materials, Labor, Equipment and. . . .. 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,
3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.],
7.3.6,9.3.2,9.3.3,122.4,14
Means, Methods, Techniques, Sequences and
Procedures of Construction .... 3.3.1,4.2.3,4.2.7,9.4.2
Minor Changes In the Work. . . . . . . . .. 1.1.1,4.2.8,4.3.7,7.1,7.4
MISCELLANEOUS PROVISIONS. . . . . .. . . , . . . . . .. 13
Modifications, Definition of . . , . .. 1.1.1
Modifications to the Contract ........... 1.1.1,1.1.2,3.7.3,3.1],
4.1.2,4.2.1,5,2.3,7,8.3.],97
Mutual Responsibility. . . . . . . . . . . . . . . . . . . . . .. 6.2
Nonconforming Work, Acceptance of . . . . . . . . . . . . . . . . .. 12.3
Nonconforming Work, Rejection and Correction of . . .. 2.3.1,
4.3.5,9.5,2,9,8.2,12,13,7.1.3
Notice.. . . .. 2.3,2.4,3.2.1,3.2.2,37.3,3.7.4,3.9,3.12.8,
3.12.9,3.17,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,
9.5.1,9.6.1,9.7,9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2,
]2.2.4, ]3.3, ]3.5.1, 13.5.2, 14
Notice, Written ..,....... ... 2.3,2.4,3.9,3.12.8,3.] 2.9,4.3,
4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,
10.1'.2,10.2.6,11.1.3,11.3,12.2.2, ]2.2.4,13.3,13.5.2,14
Notice of Testing and Inspections.. . .. .. ... 13.5.1,13.5.2
Notice to Proceed. . 8.2.2
Notices, Permits, Fees and ... 2.2.3,3.7, 3. U, 7.3.6.4, 10.2.2
Observations, Architect's On-Site . . . . .. 4.2.2,4,2.5,
4.3.6,9.4.2,9.5.],9.10.1, U.5
1.2.2,3,2.2
. . . .. 9.6.6,9.8.1,99,11.3.11
. . . . . . .. 4.2.2,4.2.9,4.3.6,
9.4.2,9.8.2,9.9.2,9.10.1
On-Site Observations by the Architect. . . . . . . .. 4.2.2,4.2.5,4.3.6,
9.4.2,9.5.1, 9.IU.I, 13.5
..... 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1,
12.2,13.5.2,14.3.1
OWNER. . . . . . . . . .. ..,................. 2
Owner, Definition of 2.1
Owner, information and Services Required of the. . . 2.1.2,
2.2,4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,141.1.5,141.3
Owner's Authority .. ... ~~.8.1, 4.1.3, 4.2.9, 5.2.1, 5.2.4, 5.4.1,
7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2, 14.2, 14.3.1
Owner's Financial Capability. 2.2.1, 14.1.1.5
Owner's liability Insurance. . . . . . . . 11.2
Owner's Loss of Use Insurance. . . 11.3.3
Owner's Relationship with Subcontractors. . 1.1.2,
5.2.1,5.4.1,9.6.4
2.4,12.2.4, 14.2.2.2
6.3
Observations, Contractor's. . . . . . .
Occupancy. . . . . . . . .
On-Site Inspections by the Architect
Orders, Written
Owner's Right to Carry Out the Work.
Owner's Right to Clean Up. . . . . . . . . .
Owner's Right to Perform Construction and to
Award Separate Contracts " , , . . . . . . . . . . , . . . , . . . . ., 6.1
Owner's Right to Stop the Work, . . . . . . . . . . . . ,. . . ., 2.3,4.3.7
Owner's Right to Suspend the Work ....,......"........ 14.3
Owner's Right to Terminate the Contract . . . . . . . . . . , . , . . ., 14.2
Ownership and Use of Architect's Drawings, Specifications
and Other Documents, . . . . . . . . . , . . . .. 1.1.1 ,1.3,2.2.5,5.3
Partial Occupancy or Use . . . . . . . . . . . . . . .. 9.6.6,9.9, 11.3.11
Patchlng,Cuttlngand....................".... 3.14,6.2.6
Patents, Royalties and ....,..........,.............. 3.17
Payment, Applications for . . . . . . . . . . . . . . .. 4.2.5,9.2,9.3,9,4,
.9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14,2.4
Payment, Certificates for. . . . . . . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5,
9.6.1,9.6.6,9.7,1,9.8.3,9.10.1,9.10.3,13.7, 14.1.1.3, 14.2.4
Payment, Failure of. . . . . . . . . . . . . . . . . . .. . . . . ., 4.3.7,9.5.1.3,
9.7,9.10.2, ]4.1.1.3, 14.2.1.2
... 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2,
11.1.3,11.3.5,12.3.1
. . .. 7.3.6.4,
9.10.3, 11.3.9,11.4
. . , . . . .. 4.3.4,9.3,9.6,
9.8.3, 9.10.3, ] 3,6, 14.2.3
PAYMENTS AND COMPLETION . . . . . . . . . . . .. 9,14
Payments to Subcontractors. . . . . . . . . . . . .. 5.4.2,9.5.1.3,
9,6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2
PCB,. ,. . . . ... . .. .. ... ..... . . .. ................. 10.1
Performance Bond and Payment Bond. . . . . . . . .. ...... 7.3.6.4,
9.] 0.3, ] 1.3.9, 11.4
Permits, Fees and Notices. 2.2.3,3.7,3.13,7.3,6.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF . .. . . . . . . , ., 10
Polychlorinated Biphenyl. . . . . . . . . . . . . , . . . . . , .. 10. I
Product Data, Definition of. 3.] 2.2
Product Data and Samples, Shop Drawings. .. 3.] 1,3.12,4.2.7
Progress and Completion ..,....... 4.2.2,4.3.4,8.2
Progress Payments . . . . . . . . 4.3.4, 9.~~,
9.6,9.8.3,9.10.3,13.6,14,2,3
Project, Definition of the. .. ................ 1.1.4
ProJect Manual, Definitionofthc ..................... 1.1.7
Project Manuals ................. 2.2.5
Projecl Representatives' . . . . . . . . . . . . . . . . . 4.2.10
Property Insurance .......... 1U.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY. , . , . . . , . . . .. 10
Regulations and Laws..... .... . .. 1.3,3.6,3.7,3,13, 4.I.l, 4.5.5,
4.5.7,10.2.2,11.1, ] I.~), 13.1, 13.4,13.5.1, 13.5.2, 13.6, 14
Rejection of Work .................... ....3.5.1,4.2.6,12.2
ReleasesofWaiversandLiens......... ........... 9.10.2
Representations......................... 1.2.2,3.5.1,3.12.7,
6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.101
............ 2.1.1,3.1.1,3.9,
4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2,13.21
Resolution of Claims and Disputes. . . . . . . . . . . . . . . . .. 4.4,4.5
Responsibility for Those Performing the \X'ork . , . . . . . . 3.3.2,
4.2.3, 6.1.3, 6.2, ] 0
Retainage . . . . . . . .. 9.3.1,9.6.2,9.8,3,9.9.1,9.10.2,9.10.3
Review of Contract Documents and Field
Conditions by Contractor. . .. , . . . . . .. 1.2.2,3.2,3.7.3,3.12.7
Review of Contractor's Submittals by
Owncrand Architect ............ 3.10.1,3.10.2,3.11,3.12,
4.2.7,4.2.9,5.2.],5,2.3,9,2,9.8.2
Rcview of Shop Drawings, Producl Dat;l
and Sanlples by Contractor ... .................. 3.12.5
Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,
4.2.6,4.3.6,4.5,5..\ 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7,10.2.5,
103,12.2.2,12.2.4,13.4, 14
........ .3.17
Paymcnt, Final. .
Payment Bond, Performance Bond and
Payments, Progress
Rcpresentatives . . . . .
4 A201-1987
Royalties and Patents . . . . . . . . .
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 211006
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Rules and Notices for Arbitration ., , . , . . . . . , , . . . . . . . .. 4.5.2
Safety of Persons and Property, , . , . . . . . . . . , , . , . . . , . .. 10.2
SafetyPrecautlorisandPrograms ........... 4.2.3,4.2.7,10.1
Samples, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3.12,3
Samples, Shop Drawings, Product Data and ... 3.11,3.12,4.2.7
Samples at the Site, Documents and. . . . . . . . . . .. 3.11
Schedule of Values. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9.2,9.3.1
Schedules, Construction. . . .... .. .. ... 3.10
Separate Contracts and Contractors. . . . . . . . .. 1,1.4,3.14.2,4.2.4,
4.5.5,6,11.3.7,12.1.2, 12.2.5
Shop Drawings, Definition of . . . . . . . . . . . . . . .. . . . . , . , .. 3.12.1
Shop Drawings, Product Data and Samples. . .. 3.11,3.12, 4.2.7
Site,Useof.......................,...... 3.13,6.1.1,6.2.1
Site Inspections. . . 1.2.2,3.3.4,4.2.2,4.2.9,4,3.6,9.8.2,9. I O. I, ] 3.5
Site Visits, Architect's. . . . . . . . . . . . . . . .. 4.2.2,4.2.5,4.2.9,4.3.6,
9.4.2,9.5.1,9.8.2,9.9.2,9.10.1,13.5
Specia11nspectionsanel Testing..... .. .. .. ... 4.2.6,12.2.1,13.5
SpecIfications, Definition of the. . . . . . . . . . . . . . , 1.1.6
Specifications, The .... 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11
Statutes of Limitations ...........,........ 4,5.4.2,12.2.6,13.7
Stopping the \X1ork. ............ 2.3,4.3.7,9.7,10.1.2,10.3, ]4.]
Stored Materials ........... 6,2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4
Subcontractor, Definition of. . . . . . . . . . . . . . . . 5.1.1
SUBCONTRACTORS .......... ...........5
Subcontractors, Work by. . .. .. .. .. .. .. 1.2.4,3.3.2,3,12.1,
4.2.3, 5.3, 5.4
Subcontractual Relations. . . 5.3,5.4,9.3.1.2,9.6.2,
9.6.3,9.6.4,10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2
Submittals...... . .. 1.3,3.2.3,3.10,:3.1 1, 3.12, 4.2.7, 5.2.1, 5.2.3,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9,10.3,10.1.2,11.1.:'>
Subrogation, Waivers of. .. . .. .. .. . . . . ... 6.1.1,] 1.3.5, 11.3.7
Substantial Completion. ,......,.... 4.2.9,4.3.5.2,8.1.1,8.1.3,
8.2.3,9.8,9.9.1,12.2.1,12.2.2,13.7
Substantial Completion, Definition of. . . 9.8.1
Substitution of Subcontractors . , . . . . . . . . . . .. 5.2.3,5.2.4
Substitution of the Architect. . . . . . . . . . . . . . . . . 4.1.3
Substitutions of Materials .... .. .. .,.. . . . .. .. ..... 3.5.1
Sub-subcontractor, Definition of 5.1.2
Subsurface Conditions. . . . . . . . . .. 4.3.6
Successors and Assigns ... . . . . . . . . . . . . . . . . .. 13.2
SuperIntendent. . . . . . . . . . . . . . . . . . . . . . . . .. 3.9, 10.2.6
Supervision and Construction Procedures. . . . 1.2.4,3.3,3.4,
4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14
Surety. .. . . . ... .. .... 4.4.1,4.4.4,5.4,1.2,9.10.2,9.10.3,14.2.2
Surety, Consent of. . . . . . . . . . . . . . . . . . . . . .. 9.9.1,9. I 0.2,9.10.3
Surveys, . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . .. 2.2.2,3.18.3
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Suspension by the Owner for Convenience . . . . .. 14.3
Suspension of the Work ......... 4.3.7,5.4,2,14.1.1.4,14.3
Suspension or Termination of the Contract ...... 4.3.7,5.4.1.1,14
Taxes ...............:...........,.......... 3.6,7.3.6.4
Termination by the Contractor. . . . . . . . . . . . . . . . . '. . . . . .. 14.1
Termination by the Owner for Cause. . . . . . . . . . . .. 5.4, I, 1,14.2
Termination of the Architect .. . . . . . . . . . . . , . . . . . . . , . . .. 4.1.3
Termination of the Contractor ........................ 14.2,2
TERMINATION OR SUSPENSION OFTHECONTRACT ...... 14
Tests and Inspections.. ... 3,3.3,4,26,4.2.9,9.4.2,12.2,1,13.5
TIME............................................... 8
Time, Delays and Extensions of . . . . . . . . . . . . .. 4.3.8,7.2.1,8.3
Time Limits, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1,
4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3,5,7,3,9,8,2, 9.2, 9.3.1,
9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3,6,11.3.10,
11.3.1 1,12.2.2,12.2.4,12.2.6,13.7,14
Time limits on Claims. . . . . . . .. 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5
Title to Work . . . . . . . . . . . . . . . .. . . . . .'. . , . . . . . . .. 9.3.2,9.3,3
UNCOVERING AND CORRECTION OF WORK ...,......... 12
Uncovering of Work ......,..........,.............. 12.1
UnforeseenConditiol1s .................,.. 4.3.6,8,3,1,10.1
Unit Prices. . . . . . . . . , . . . . . . . . . . . . . . . .. 7.1.4,7.3.3.2
Use of Documents .. .......... ].1.1,1.3,2.2.5,3.12.7,5.3
Use of Site ."...........,..,............ 3.13,6.1.],6.2.1
Values, Schedule of ...................,........ 9.2,9.3.1
Waiver of Claims: Final Payment. . . . . 4.3.5,4.5.1,9.10.3
Waiver of Claims by the Architect. .....,............... 13.4.2
Waiver of Claims by the Contractor. ........ 9.10.4,11.3.7,13.4.2
Waiver of Claims by the Owner. . . . . . . . . . . . .. 4.3.5,4.5.1,9.9,3,
9.10.3,11.3.3, 11.3.5, 11.3,7, 13.4.2
Waiver of Liens. . . . . . . . . . ',' . . . . . . . . . . . 9.10.2
Waivers of Subrogation .. ............ 6.1.1,11.3.5, 11.3.7
Warranty and Warranties. . . . . . . . . . . . . . . . . .. 3.5,4.2.9,
4.3.5.3,9.3.3,9.8.2,9.9.1,12.2.2,13.7.1.3
Weather Delays. . . . . . , , . . . . . . . . . . . . . . . . . . . . . . .. 4.3.8.2
When Arbitration May Be Demanded , . . . . . . . . . . . . . . . .. 4.5.4
Work, Definition of . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. 1.1.3
Written Consent. . . . . . . . . . . . .. 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4,
4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3,
11.3.1, ] 1.3.1.4, J 1.3.11,13.2,13.4.2
Written Interpretations. ...... ... ... ... ... 4.2.11,4.2.12,4.3.7
Written Notice. , . . . . . , . .. 2.3,2.4,3.9,3.12,8,312,9,4.3,4.4.4,
4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2,
10.2.6,11.1.3, 11.3,12.2.2,12.2.4,13.3, 13.5.2, 14
Written Orders. . . . . . . . . . . . . . . . . . . . . . . ., 2.3,3.9,4.3.7,
7,8.2.2,11.3,9,12.1, 12.2, 13.5.2, 14.3,]
AlA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA1l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
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ARTICLE 1
GENERAL PROVISIONS
1 .1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between
Owner and Contractor (hereinafter the Agreement), Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modifi-
cation is (1) a written amendment to the Contract signed by
both parties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Contract Documents do not include other
documents such as bidding requirements (advertisement or
invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding
requirements).
1.1.2 THE CONTRACT
. The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Con-
tract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contrac-
tual relationship of any kind (I) between the Architect and Con-
tractor, (2) between the Owner and a Subcontractor or Sub-
subcontractor or (3) between any persons or entities other than
the Owner and Contractor. The Architect shall, however, be
entitled to performance and enforcement of obligations under
the Contract intended to facilitate performance of the
Architect's duties.
1.1.3 THE WORK
The term "Work" means the construction and services
required by ihe Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Work per-
formed under the Contract Documents may be the whole or a
part and which may include construction by the Owner or by
separate contractors.
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Con-
tract Documents, wherever located and whenever issued,
showing the design, location and dimensions of the Work,
generally including plans, elevations, sections, details, sched-
ules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equip-
ment, construction systems, standards and workmanship for
the Work, and performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the
Work which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documerhv otlall be signed by the Owner
and Contractor as provided in the Agreement. If either the
Owner or Contractor or both do not sign all the Contract
Documents, the Architect shall identify such unsigned Docu-
ments upon request.
1.2.2 Execution of the Contract by the Contractor is a repre-
sentation that the Contractor has visited the site, become famil-
iar with local conditions under which the Work is to be per-
formed and correlated personal observations with require-
ments of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the
Work by the Contractor. The Contract'Documents are comple-
mentary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be
required only to the extent consistent with the Contract Docu-
ments and reasonably inferable from them as being necessary
to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections
and articles, and arrangement of Drawings shall not control the
Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents,
words which have well-known technical or construction indus-
try meanings are used in the Contract Documents in accord-
ance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Specifications and other documents
prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the Con-
tractor is described, The Contractor may retain one contract
record set. Neither the ContractOr nor any Subcontractor, Sub-
subcontractOr or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other
documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and
will retain all common law, statutory and other reserved rights,
in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications and other documents prepared
by the Architect, and copies thereof furnished to the Contrac-
tor, are for use solely with respect to this Project. They are not
to' be used by the Contractor or any Subcontractor, Sub-
subcontractor or material or equipment supplier on other proj-
ects or for additions to this Project outside the scope of the
6 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA \!) . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20lJ06
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Work without the specific written consent of the Owner and
Architect. The Contractor, SubcontractOrs, Sub-subcontractors
and material or equipment suppliers are granted a limited
license. to use and reproduce applicable portions of the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under
this license shall bear the statutory copyright notice, if any,
shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet
official regulatory requirements or for other purposes in con-
nection with this Project is not to be construed as publication
in derogation of the Architect's copyright or other reserved
rights.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions include
those which are (1) specifically defined, (2) the titles of num-
bered articles and identit1ed references to Paragraphs, Subpara-
graphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5 INTERPRETATION
1.5.1 In the' interest of brevity the Contract Documents fre-
quently omit modifying words such as "all" and "any" and arti-
cles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
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ARTICLE 2
OWNER
- 2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such in
the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means
. the Owner or the Owner's authorized representative,
2.1.2 The Owner upon reasonable written request shall furnish
to the Contractor in writing information which is necessary and
relevant for the Contractor to evaluate, give notice of or
enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on
which the Project is located, usually referred to as the site, and
the Owner's interest therein at the time of execution of the
Agreement and, within five days after any change, information
of such change in title, recorded or unrecorded.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
2.2.1 The Owner shall, at the request of the Contractor, prior
to execution of the Agreement and promptly from time to time
thereafter, furnish to' the Contractor reasonable evidence that
financial arrangements have been made to fulfill the Owner's
obligations under the Contract. (Note: Unless sllcb reasonable
euidcllce were jitmisbed on request prior to tbe execution of
tbe Agl-eelllellt, tbe prospectiue CQllfmctor would Jlot be
IWfllired to execute tl.Je Agreement or to colllmence the Work.}
2.2.2 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the site
of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility
of the Contractor under the Contract Documents, the Owner
shall secure and pay for necessary approvals, easements, assess-
ments and charges required for construction, use or occupancy
of permanent structures or for permanent changes in existing
facilities.
2.2.4 Information or services under the Owner's control shall
be furnished by the Owner with reasonable promptness to
avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents,
the Contractor will be furnished, free of charge, such copies of
Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The foregoing are in addition to other duties and respon-
sibilities of the Owner enumerated herein and especially those
in respect to Article 6 (Construction by Owner or by Separate
Contractors), Article 9 (Payments and Completion) and Article
11 (Insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not in
accordance with the requirements of the Contract Documents
as required by Paragraph 12.2 or persistently fails to carry out
Work in accordance with the Contract Documents, the Owner,
by written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contrac-
tor to stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, the right of the
Owner to stop the \X/ork shall not give rise to a duty on the part
of the Owner to exercise this right for the benefit of the Con-
tractor or any other person or entity, except to the extent
required by Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract Documents and fails
within a seven-day period after receipt of written notice from
the Owner to commence and continue correction of such
default or neglect with .diligence and promptness, the Owner
may after such seven-day period give the Contractor a second
written notice to correct such deficiencies within a second
seven. day period. If the Contractor within such second seven-
day period after receipt of such second notice fails to com-
mence and continue to correct any deficiencies, the Owner
may, without prejuelice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate
Change Order shall be issued deducting from payments then or
thereafter due the Contractor the cost of correcting such defi-
ciencies, including compensation for the Architect's additional
services and expenses made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to
the Contractor are both subject to prior approval of the Archi-
tect. If payments then or thereafter clue the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized
representative.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERtCAN INST]TUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000(,
A201-1987
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3.2 REVIEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and compare the
Contract Documents with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and
shall at once report to the Architect errors, inconsistencies or
omissions discovered. The Contractor shall not be liable to the
Owner or Architect for damage resulting from errors, inconsis-
tencies or omissions in the Contract Documents unless the
Contractor recognized such error, inconsistency or omission
and knowingly failed to report it to the Architect. If the Con-
tractor performs any construction activity knowing it involves
a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contrac-
tor shail assume appropriate responsibility for such perfor-
mance and shall bear an appropriate an10unt of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verify
field conditions and shall carefully compare such field mea-
surements and conditions and other information known to the
Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shall
be reported to the Architect at once.
3.2.3 The Contractor shall perform the Work in accordance
with the Contract Documents and submittals approved pur-
suant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall be soleIy responsible for and have control over construc-
tion means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under the Con-
tract, unless Contract Documents give other specific instruc-
tions concerning these matters.
3.3.2 The Contractor shall be responsible to the Owner for acts
and omissions of the Contractor's employees, Subcontractors
and their agents and employees, and other persons performing
portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to per-
form the Work in accordance with the Contract Documents
either by activities or duties of the Architect in the Architect's
administration' of the Contract, or by tests, inspections or
approvals required or performed by persons, other than the
Contractor.
3.3.4 The Contractor shall be responsible for inspectibn of por-
tions of Work already performed under this Contract to deter-
mine that such portions are in proper condition to receive sub-
sequent Work,
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities anel services
necessary for proper execution and completion of the Work,
whether temporary or permanent and whether or nor incorpo-
rated or to be incorporated in the Work,
3.4.2 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks
assigned to them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will be free
from defects not inherent in the quality required or permitted,
and that the Work will conform with the requirements of the
Contract Documents. Work not conforming to these require-
ments, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's
warranty excludes remedy for damage or defect caused by
abuse, modifications not executed by the Contractor, improper
or insufficient maintenance, improper operation, or normal
wear and tear under normal usage, If required by the Architect,
the Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar
taxes for the Work or portions thereof provided by the Con-
tractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are customarily secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations concluded,
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that
the Contract Documents are in accordance with' applicable
laws, statutes, ordinances, building codes, and rules and regula-
tions. However, if the Contractor observes that portions of the
COntract Documents are at variance therewith, the Contractor
shall promptly notify the Architect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be con-
trary to laws, statutes, ordinances, building codes, and rules and
regulations without such notice to the Architect and Owner,
the Contractor shall assume full responsibility for such Work
and shall bear the attributable costs.
3.8 ALLOWANCES
3.8. i The Contractor shall include in the Contract Sum all
allowances stated in the Contract Documents. Items covered
by allowances shall be supplied for such amounts and by such
persons or entities as the Owner may direct, but the Contractor
shall not be required to employ persons or entities against
which the Contractor makes reasonable objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 materials and equipment under an allowance shall be
selected promptly by the Owner to avoid delay in the
Work;
.2 allowances shall cover the cost to the ContractOr of
materials and equipment delivered at the site and all
required taxes, less applicable trade discounts;
8 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA$ . @1987 THE AMERICAN INSTITUTE OF ARCHIT~CTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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.3 Contractor's costs for unloading and handling at the
site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance
amounts shall be included in the Contract Sum and
not in the allowances;
.4 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 Clause 3,8,2.2 and (2) changes in
Contractor's costs under Clause 3.8.2.3.
3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superinten-
dent and necessary assistants who shall be in attendance at the
Project site 8uring performance of the Work. The superinten- .
dent shall represent the Contractor, and communications given
to the superintendent shall be as binding as if given to the Con-
tractor. Important communications shall be confirmed in writ-
ing. Other communications shall be similarly confirmed on
written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly after being awarded the Con-
tract, .shall prepare and submit for the Owner's and Architect's
information a Contractor's construction schedule for the Work.
The schedule shall not exceed time limits current under the
Contract Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be
related to the entire Project to the extent required by the Con-
tract Documents, and shall provide for expeditious and practi-
cable execution of the Work.
3.10.2 The Contractor shall prepare ~lt1d keep current, for the
Architect's approval, a schedule of submittals which is coordi-
luted with the Contractor's construction schedule and allows
the Architect reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent
schedules.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner
one record copy of the Drawings, Specifications, addenda,
Change Orders and other Modifications, in good order and
marked currently to record changes and selections made during
construction, and in addition approved Shop Drawings, Prod-
uct Data, Samples and similar required submittals, These shall
be available to the Architect and shall be delivered to the Archi-
tect for submittal to the Owner upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, diagrams, schedules and
other data specially prepared for the Work by the Contractor or
a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, per-
formance charts, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials
or equipment for some portion of the \\fork.
3.12.3 Samples are physical examples which illustrate
materials, equipment or workmanship and establish standards
by which the Work will be judged,
3.12.4 Shop Drawings, Product Data, Samples and similar sub-
mittals are not Contract Documents. The purpose of their sub-
mittal is to demonstrate for those portions of the 'Work for
which submittals are required the way the Contractor proposes
to conform to the information given and the design concept
expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.12.5 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by, the Contract Documents with reason-
able promptness and in such sequence as to cause no delay in
the Work or in, the activities of the Owner or of separate con-
tractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without
action.
3.12.6 The Contractor shall perform no portion of the Work
requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submit-
tal has been approved by the Architect. Such Work shall be in
accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product
Data, Samples and similar submittals, the Contractor represents
that the Contractor has determined and verified materials, field
measurements and field construction criteria related thereto, or
will do so, and has checked and coordinated the information
contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility
for deviations from requirements of the Contract Documents
by the Architect's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has
specifically informed the Architect in writing of such deviation
at the time of submittal and the Architect has given written
approval to the specific deviation, The Contractor shall not be
relieved of responsibility for errors or omissions in Shop Draw-
ings, Product Data, Samples or similar submittals by the Archi-
tect's approval thereof,
3.12.9 The Contractor shall direct specific attention, in writing
or on resubmitted Shop Drawings, Product Data, Samples or
similar submittals, to revisions other than thoSe requested by
the Architect on previous submittals.
3.12.10 Informational submittals upon which lhe Architect is
not expected to take responsive action may be so identified in
the Contract Documents.
3.12.11 When professional certification of performance criteria
of materials, systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon the
accuracy and completeness of such calculations and certifi-
cations.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with
materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fitting
or patching required to complete the Work or to make its parts
fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion
of the Work or fully or partially completed construction of the
Owner or separate contractors by cutting, patching or other-
wise altering such construction, or by excavation. The Contrac-
tor shall not cut or otherwise alter such construction by the
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION
AlA <!) . @19R7 THE AMERICAN INSTITUTE OF ARCHITECTS. t 735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20()o6
A201-1987
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Owner or a separate contractor except with written consent of
the Owner and of such separate contractor; such consent shall
not be unreasonably withheld, The Contractor shall not unrea-
sonably withhold from the Owner or a separate contractor the
Contractor's consent to cutting or otherwise altering the Work.
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3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and surround-
ing area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the
Work the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.2 If the Contractor fails to clean up as provided in the
Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 Thc Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license fees.
The Contractor shall defend suits or claims for infringement of
patent rights and shall hold the Owner and Architect harmless
from loss on account thereof, but shall not be responsible for
such defense or loss when a particular design, process or prod-
uct of a particular manufacturer or manufacturers is rcquired by
the Contract Documents. However, if the Contractor has rea-
son to believe that the required dcsign, process or product is an
infringement of a patent, the Contractor shall be responsible for
such loss unless such information is promptly furnished to the
Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, thc Contractor
shall indemnify and hold harmless the Owner, Architect, Archi-
tect's consultants, and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work, provided that such claim, dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly cmployed by them or anyone for
whose acts they may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Paragraph 3.18.
3.18.2 In claims against any person or entity indemnified
under this Paragraph 3.18 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnifica-
tion obligation under this Paragraph 3.18 shall not be limited by
a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts, disability
benefit acts or other employec benefit acts.
3.18.3 The obligations of the Contractor under this Paragraph
3.18 shaJlnot extend to the liability of the Architcct, the Archi-
tect's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifica-
tions, or (2) the giving of or the failure to give directions or
instructions by the Architect, the Architect's consultants, and
agents and employees of any_ of them provided such giving or
failure to give is the primary cause of the injury or damage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture iden-
tified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
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4.2 ARCHITECT'S ADMINISTRATION
OF THE CONTRACT
4.2.1 The Architect wilJ provide administration of the Contract
as described in the Contract Documents, and will be the
Owner's representative (1) during construction, (2) until final
payment is due and (3) .with the Owner's concurrence, from
time to time during the correction period described in Para-
graph 12.2. The Architect wilJ advise and consult with the
Owner. The Architect will have authority to act on behalf of the
Owner only to the extent provided in the Contract Documents,
unless otherwise modified by writtcn instrument in accordance
with other provisions of the Contract.
4.2.2 The Architect will visit the site at intervals appropriate to
the stage of-construction to become generally familiar with the
progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicat-
ing that the Work, when completed, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or continuous on-site inspections
to check quality or quantity of the Work. On the basis of on-
site observations as an architect, the Architect will keep the
Owner informed of progress of the Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Architect will not have control over or charge of and
will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the \">;rork, since these are
solely the Contractor's responsibility as provided in Paragraph
3.3. The Architect will nOt be responsible for the Contractor's
failure to carry out the Work in accordance with tile Contract
Documents. The Architect will not have control over or charge
of and will not be responsible for acts or omissions of the Con-
10
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
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tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
4.2.4 Communications Facilitating Contract Administra-
tion. Except as otherwise provided in the Contract Documents
or when direct communications have been specially autho-
rized, the Owner and Contractor shall endeavor to communi-
cate through the Architect. Communications by and with the
Architect's consultants shall be through the Architect. Commu-
nications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner.
4.2.5 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect will
review and certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
4.2.6 The Architect will have authority to reject Work which
does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or testing. of the
Work in accordance with Subparagraphs 13.5,2 and 13.5.3,
whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such
;tuthority shall give rise to a duty or responsibility of the Archi-
tect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees, or other persons perform-
ing portions of the Work.
4.2.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Docu-
ments. The Architect's action will be taken with such reason-
able promptness as to cause no delay in the Work or in the
activities of the Owner, Contractor or separate contractors,
while allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining. the accuracy
and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submit-
tals shall not relieve the Contractor of the obligations under
Paragraphs 3.3,3.5 and 3.12. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate approval of an
assembly of which the item is 'a component.
4.2.8 The Architect will prepare Change Orders and Constnlc-
tion Change Directives, and may authorize minor changes in
the Work as provided in Paragraph 7.4,
4.2.9 The Architect will conduct inspections to determine the
date or dates of Substantial Completion and the date of final
completion, will receive and forward to the Owner for the
Owner's review and records written warranties and related
documents required by the Contract and assembled by the
Contractor, and will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents.
4.2.10 If the Owner and Architect agree, the Architect will pro-
vide one or more project representatives to assist in carrying
out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project
representatives shall be as set forth in an exhibit to be incorpo-
rated in the Contract Documents.
4.2.11 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract
Documents on written request of either the Owner or Contrac-
tor. The Architect's response to such requests will be made
with reasonable promptness and within any time limits agreed
upon. If no agreement is made concerning the time within
which interpretations required of the Architect shall be fur-
nished in compliance with this Paragraph 4.2, then delay shall
not be recognized on account of failure by the Architect to fur-
nish such interpretations until 15 days after written request is
made for them.
4.2.12 Interpretations and decisions of the Architect will be
consistent with the intent of and reasonably inferable from the
Contract Documents and will be in writing or in the form of
drawings, When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so
rendered in good faith.
4.2.13 The Architect's decisions on matters relating to aesthetic
effect will be fmal if consistent with the intent expressed in the
Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of
the parties seeking, as a matter of right, adjustment or interpre-
tation of Contract terms, payment of money, extension of time
or other relief with respect to the terms of the Contract. The
term "Claim" also includes other disputes and matters in ques-
tion between the Owner and Contractor arising out of or relat-
ing to the Contract. Claims must be made by written notice.
The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.3.2 Decision of Architect. Claims,. including those alleging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.4. A deci-
sion by the Architect, as provided in Subparagraph 4.4.4, shall nd..J
be required as a condition precedent to .rloJitrati"lil ~. litigation ;i1J
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date final payment is due, regardless .
of (1) whether such matters relate to execution and progress of
the Work or (2) the extent to which the Work has been com-
pleted. The decision by the Architect in response to a Claim ~J
shall not be a condition precedent to jj,Cgitl"1\;nn 'jr litigation in F":"' Il
the event (1) the position of Architect is vacant, (2) the Architect ~-/l.A
has not received evidence or has failed to render a decision /WI;
within agreed time limits, (3) the Architect has failed to take
action required under Subparagraph 4.4.4 within 30 days after
the Claim is made, (4) 45 days have passed after the Claim has
been referred to the Architect or (5) the Claim relates to a
mech;mic's lien.
4.3.3 Time Limits on Claims. Claims by either party must be
made within 21 days after occurrence of the event giving rise to
such Claim or within 21 days after the claimant first recognizes
the condition giving rise to the Claim, whichever is later. Claims
must be made by written notice. An additional Claim made
after the initial Claim has been implemented by Change Order
will not be considered unless submitted in a timely manner.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
1\11\$ . @\987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006
A201-1987 11
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4.3.4 Continuing Contract Performance. Pending final reso-
lution of a Claim..ln-;:),19iRB ~rh;tr~';'>U?, unless otherwise agreed
in writing the Contractor shall proceed diligently with perfor-
mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents,
4.3.5 Waiver of Claims: Final Payment. The making of final
payment shall constitute a waiver of Claims by the Owner
except those arising from:
.1 liens, Claims, security interests or encumbrances aris-
ing 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.
4.3.6 Claims for Concealed or Unknown Conditions,. If con-
ditions are encountered at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materi-
ally from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, which.dif-
fer materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice
by the observing party shall be given to the other party
promptly before conditions are disturbed and in no event later
than 21 days after first observance of the conditions. The Archi-
tect will promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Contractor's
cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that
the conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify
the Owner and Contractor in writing, stating the reasons,
Claims by either party in opposition to such determination
must be made within 2 I days after the Architect has given
notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time,
the adjustment shall be referred to the Architect for initial deter-
mination, subject to further proceedings pursuant to Paragraph
4.4.
4.3.7 Claims for Additional Cost. If the Contractor wishes to
make Claim for an increase in the Contract Sum, written notice
as provided herein shall be giveil before proceeding to execute
the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Para-
graph 10.3. If the Contractor believes additional cost is
involved for reasons including but not limited to (1) a written
interpretation from the Architect, (2) an order by the Owner to
stop the Work where the Contractor was not at fault, e>) a writ-
ten order for a minor change in the Work issued by the Archi-
tect, (4) failure of payment by the Owner, (5) termination of the
Contract by the Owner, (6) Owner's suspension or (7) other
reasonable grounds, Claim shall be filed in accordance with the
procedure established herein.
4.3.8 Claims for Additional Time
4.3.8.1' If the Contractor wishes to make Claim for an increase
in the Contract Time, written notice as provided herein shall be
given. The Contractor's Claim shall include an estimate of cost
and of probable effect of delay on progress of the Work. In the
case of a continuing delay only one Claim is necessary.
4.3.8.2 If adverse \veather conditions are the basis for a Claim
for additional time, such Claim shall be documented by data
substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated,
and that weather conditions had an adverse effect on the
scheduled construction.
4.3.9 Injury or Damage to Person or Property. If either party
to the Contract suffers injury or damage to person or property
because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts
such party is legally liable, written notice of such injury or
damage, whether or not insured, shall be given to the other
party within a reasonable time not exceeding 2 I days after first
observance, The notice shall provide sufficient detail to enable
the other party to investigate the matter. If a Claim for addi-
tional cost or time related to this Claim is to be asserted, it shall
be filed as provided in Subparagraphs 4.3,7 or 4.3.8,
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or more of
the following preliminary actions within ten days of receipt of a
Claim: (I) request additional supporting data from the claimant,
(2) submit a schedule to'the parties indicating when the Archi-
tect expects to take action, (3) reject the Claim in whole or in
part, stating reasons for rejection, (4) recommend approval of
the Claim by the other party or (5) suggest a compromise. The
Architect may also, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim.
4.4.2 If a Claim has been resolved, the Architect will prepare or
obtain appropriate documentation.
4.4.3 If a Claim has not been resolved, the party making the
Claim shall, within ten clays after the Architect's preliminary
response, take one or more of the following actions: (I) submit
additional supporting data requested by the Architect, (2)
modify the initial Claim or (3) notify the Architect that the initial
Clainl stands.
4.4.4 If a Claim has not been resolved after consideration of the
foregoing and of further evidence presented by the parties or
requested by the Architect, the Architect will notify the parties
in writing that the Architect's decision will be made within
seven days, which decision shall be final and binding on the
parties ii'lt oW8jll~t tl? RfBimltiQQ Upon expiration of such time
period, the Architect will render to the parties the Architect's
written decision relative to the Claim, including any change in
the Contract Sum or Contract Time or both. If there is a surety
and there appears to be a possibility of a Contractor's default,
the Architect may, but is not obligated to, notify the surety and
request the surety's assistance in resolving the controversy.
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4.5. ontroversles and Claims Subject to Arbitration. Any
controve. or Claim arising out of or related to the Contract,
or the breac hereof, shall be settled by arbitration in accor-
dance with the struction Industry Arbitration Rules of the
American ArbitratiOI ssociation, and judgment upon the~
award rendered by the a 'trator or arbitrators may be entered
in any court having jurisdict 1 thereof, except controversies .~ 1I}J)
or Claims relating to aesthetic ef and except those waived as Ij/II' -
provided for in Subparagraph 4.3. Such controversies or
Claims upon which the Architect has giv lot ice and rendered
a decision as provided in Subparagr:lph 4.4.4 all be subject to
arbitration upon written demand of either par Arbitration
may be commenced when 45 days have passed at. a Claim
has been referred to the Architect as provided in Paragra 4,3
!IRS nl3 SllEiGiElA hru; 138@A r~H'g@rllg
12 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOlIRTEENTH EDITIONhAlA'" · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 21111116
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Own d Contractor not resolved under Paragraph 4.4 shall,
if subject titration under Subparagraph 4.5.1, be decided
by arbitration in rdance with the Construction Industry
Arbitration Rules of the erican Arbitration Association cur-
rently in effect, unless the pa' mutually agree otherwise.
Notice of demand for arbitration sha filed in writing with
the other party to the Agreement between t wner and Con-
tractor and with the American Arbitration Assoct , and a
tration procee
d Contractor shall comply
tration Claim may not be made until the earlier of (1) the
date on whic rchitect has rendered a final written deci-
f\JI/ sion on the Claim, (2) t th day after the parties have pre-
17iJ. sented evidence to the Architect ve been given reasonable
t r& opportunity to do so, if the Architect ha rendered a- final
jI-#- written decision by that date, or (3) any of t events
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the cision is final but subject to arbitration and (2) a demand
for arbit . n of a Claim covered by such decision must be
made within ays after the date on which the party making
the demand receive e final written decision, then failure to
demand arbitration withu id 30 days' period shall result in
the Architect's decision becom final and binding upon the
Owner and Contractor. If the Archite enders a decision after
arbitration proceedings have been initiate, ch decision may
be entered as evidence, but shall not supersede a . ration pro-
ceedings unless the decision is acceptable to a rties
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limits _ Subparagraphs 4.5.1 and 4.5.4 and Clause
4.5.4,1 as app I nd in other cases within a reasonable
time after the Claim has an " d in no event shall it be made
after the date when institution of lega itable proceedings
based on such Claim would be barred by the ap' e statute
ng out of or relating to the Contract Documents shall
incl e, by consolidation or joinder or in any other manner,
the Arc 'tect, the Architect's employees or consultants, except
cp by writtel onsent containing specific reference to the Agree-
ment and sig d by the Architect, Owner, Contractor and any
other person or 1tity sought to be jOine,d. No arbitration shall
include, by conso ation or joinder or in any other manner,
parties other than th wner, Contractor, a separate contrac-
tor as described in Artl e 6 and other persons substantially
involved in a common que 'on of fact or law whose presence
is required if complete relief is be accorded in arbitration. No
person or entity other than the 0 er, Contractor or a separate
contractor as described in Article 6 s II be included as an orig-
inal third party or additional third part} 0 an arbitration whose
interest or responsibility is insubstantial. nsent to arbitration
involving an additional person or entity s II not constitute
consent to arbitration of a dispute not describe erein or with
a person or entity not named or described there ,The fore-
going agreement to arbitrate and other agreements t arbitrate
with an additional person or entity duly consented to by arties
to the Agreement shall be specifically enforceable under a li-
files a of demand for arbitration must assert in the
demand all Claim known to that party on which arbitra- (W.c)
tion is permitted to be dem When a party fails to include JiJAa
a Claim through oversight, inadverte excusable neglect, ~
or when a Claim has matured or been acquire e uently,
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arbitrator or shall be final, and judgment m;y be ~
entered upon it in accordance Ie law in any court iJ1Yf1
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perform a portion of the Work
at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcon-
tractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub-subcontractor"
is referred to throughout the Contract Documents as if singular
in number and means a Sub-subcontractor or an authorized
representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as prac-
ticable after award of the Contract, shall furnish in writing to
the Owner through the Architect the names of persons or enti-
ties (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principalpor-
tion of the Work. The Architect will promptly reply to the Con-
>tractor in writing stating whether or not the Owner or the
Architect, after due in'vestigation, has reasonable objection to
any such proposed person or entity. Failure of the Owner or
Architect to reply promptly shall constitute notice of no reason-
able objection.
5.2.2 The Contractor shall not contract with a proposed per-
son or entity to whom the Owner or Architect has made rea-
sonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Contractor has
made reasonable objection.
5.2.3 If the Owner or Architect has reasonable objection to a
person or entity proposed by the Contractor, the C<lt1tractor
shall propose another to whom the Owner or Architect has no
reasonable objection.' The Contract Sum shall be increased or
decreased by the difference in cost occasioned by such change
and an appropriate Change Order shall be issued. However, no
increase in the Contract Sum shall be allowed for such change
unless the Contractor has acted promptly and responsively in
submitting names as required,
5.2.4 The Contractor shall not change a Subcontractor, person
or entity previously selectee! if the Owner or Architect makes
reasonable objection to such change.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @\987 THE AMERICAN INSTITUTE OF ARCHITECTS, Ins NEW YORK AVEN:JE. N.W., WASHINGTON, D.C. 2000(,
A201-1987 13
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5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where kgaliy required
for validity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu-
ments, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Docu-
ments, assumes toward the Ovmer and Architect. Each subcon-
tract agreement shall preserve and protect the rights of the
Owner and Architect uncter the Contract Documents with
respect to the Work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all
rights, remedies and redress against the Contractor that the
Contractor, by the Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-sub-
contractors. The Contractor shall make available to each pro-
posed Subcontractor, prior to the execution of the subcontract
agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and condi-
tions of the proposed subcontract agreement which may be at
variance with the Contract Documents.. Subcontractors shall
similarly make copies of applicable portions of such documents
available to their respective proposed Sub-subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
.5.4.1 Each subcontract agreement for a portion of the Work is
assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the
Contract by the Owner for cause pursuant to Para-
graph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Subcon-
tractor 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 If the Work has been suspended for more than 30 days,
the Subcontractor's compensation shall be equitably adjusted.
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 The Owner reserves the right to perform construction or
operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other por-
tions of the Project or other construction or operations on the
site under Conditions of the Contract identical or substantially
similar to these including those portions related to insurance
and waiver of subrogation. 1f the Contractor claims that delay
or additional cost is involved because of such action by the
Owner, the Contractor shall make such Claim as provided else-
where in the Contract Documents.
6.1.2 When separate contracts are awarded for different por-
tions of the Project or other construclion or operations on the
site, the term "Contractor" in the Contract Documents in each
case shall mean the Contractor who executes each separate
Owner-Contractor Agreement.
6.1.3 The Owner shall provide for coordination of the activi-
ties of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so, The Contractor shall make any
revisions to the construction schedule and Contract Swn
deemed necessary after a joint review and mutual agreeme'nt.
The construction schedules shall then constitute the schedules
to be used by the Contractor, separate contractors and the
O\vner until subsequently revised.
6.1.4 Unless otherwise provided in the Contract Documents,
when the Owner performs construction or operations related
to the Project with the Owner's own forces, the Owner shall be
deemed to be subject to the same obligations and to have the
same rights which apply to the Contractor under the Condi-
tions of the Contract, including, without excluding others,
those stated in Article 3, this Article 6 and Articles 10, 11
and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate con-
tractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activi-
ties ;md shall connect and coordinate the Contractor's con-
struction and operations with theirs as required by the Contract
Documents.
6.2.2 If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the
Owner or a separate contractor, the Contractor shall, prior to
proceeding with that portion of the Work, promptly report to
the Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results. Failure of the Contractor so to report
shall constitute an acknowledgment that the Owner's or sepa-
rate contractors' completed or partially completed constmction
is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities
or defective construction shall be borne by the party responsi-
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused by the Contractor to completed or partially COI11-
p1eted construction or to property of the Owner or separate
contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question
between the Contractor and a separate contractor shall be sub-
ject to the provisions of Paragraph 4.3 provided the separate
contractor has reciprocal obligations,
6.2.6 The Owner and each separate contractor shall have the
same responsibilities for cutting and patching as are described
for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises anlOng the Contractor, separate con-
tractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surround-
ing area free from was:e materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost
among those responsible as the Architect determines to be just.
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDmON
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ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after execu-
tion of the Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among
the Owner, Contractor and Architect; a Construction Change
Directive requires agreement by the Owner and Architect and
mayor may not be agreed to by the Contractor; an order for a
minor change in the Work may be issued by the Architect
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7.1.3 Changes in the Work shall be performed under appli-
cable provisions of the Contract Documents; and the Contrac-
tor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a
niinor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or
subsequently agreed upon, and if quantities originally con-
templated are so changed in a proposed Change Order or Con-
struction Change Directive that application of such unit prices
to quantities of \'\'ork proposed will cause substantial inequity
to the Owner or Contractor, the applicable unit prices shall be
equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner, Contractor and Architect,
stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if
any; and
.3 the extent of the adjustment in the Contract Time, if
any.
7.2.2 Methods used in determining adjustments to the Contract
Sum may include those listed in Subparagraph 7.3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order pre-
pared by t.he Architect and signed by the Owner and Architect,
directing a ch;mge in the \X'ork and stating a proposed basis for
adjustment, if any, in the Contract Sllt11 or Contract Time, or
both. The Owner may by Construction Change Directive,
without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall be used in the
ahsence of total agreement on the terms of a Change Order.
7.3.3 If the Construction Change Directive provides for an
adjustment to the Contract Sum, the adjustment shall be based
on one of the following methods:
.1 mutual acceptance of a lump sum properly itemized
and supported by sufficient substantiating data to per-
mit evaluation;
.2 unit prices stated in the Contract Documents or sub-
sequently agreed upon;
.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percent-
age fee; or
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive, the
Contractor shall promptly proceed with the change in the
Work involved and advise the Architect of the Contractor's
agreement or disagreement with the method, if any, provided
in the Construction Change Directive for determining the pro-
posed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrac-
tor indicates the agreement of the Contractor therewith, includ-
ing adjustment in Contract Sum and Contract Time or the
method for determining them, Such agreement shall be effec-
tive immediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees
with the method for adjustment in the Contract Sum, the
method and the adjustment shall be determined by the Archi-
tect on the basis of reasonable expenditures and savings of
those performing the Work attributable to the change, includ-
ing, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also under
Clause 7,3.3.3, the Contractor shall keep and present, in such
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise
provided in the Contract Documents, costs for the purposes of .
this Subparagraph 7.3.6 shall be limited to the following:
.1 costs of labor, including social security, old age and
unemployment insurance, fringe benefits required by
agreement or custom, and workers' or workmen '05
compensation insurance;
.2 costs of materials, supplies and equipment, includ-
ing 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 fielel office person-
nel directly attributable to the change.
7.3.7 Pending final determination of cost to the Owner,
amounts not in dispute may be included in Applications for
Payment. The ;U11ount of credit to be allowed by the Contrac-
tor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as con-
firmed by the Architect. When both additions and credits
covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall be figured
on the basis of net increase, if any, with respect to that change.
7.3.8 If the Owner and Contractor do not ;lgree with the
adjustment in Contract Time or the method for determining it,
the adjustment or the method shall. be referred to the Architect
for determination.
7.3.9 When the Owner and Contractor agrce with the deter-
mination made by the Architect concerning'the adjustments in
the Contract Sum and Contract Time, or otherwise reach agree-
ment upon the adjustments, such agreement shall bc effective
immediately and shall be recorded by preparation and execu-
tion of an appropriate Change Order.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, \VASHINGTON, D.C. 20006
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7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be
effected by written order and shall be binding on the Owner
and Contractor. The Contractor shall carry out such written
orders promptly.
ARTICLE 8
TIME
8.1 DEFINITIONS
8;1.1 Unless otherwise provided, Contract Time is the period
of time, including authorized adjustments, allotted in the Con-
tract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date
established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities
for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified
by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall
mean calendar day unle~s otherwise specifically defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreemem the Con-
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agree-
ment or instruction of the Owner in writing, prematurely com-
mence operations on the site or elsewhere prior to the effective
date of insurance required by Article 11 to be furnished by the
Contractor. The date of commencement of the Work shall not
be changed by the effective date of such insurance. Unless the
date of commencement is established by a notice to proceed
given by the Owner, the Contractor shall notify the Owner in
writing not less than five days or other agreed period before
commencing the Work to permit the timely filing of mortgages,
mechanic's liens and other security interests.
8.2.3. The Contractor shall proceed expeditiously with ade-
quate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress of the
\Vork by an act or neglect of the Owner or Architect, or of an
employee of either, or of a separate contractor employed by
the Owner, or by changes ordered in ihe Work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the Contractor's control, or by delay
authorized by the Owner pending arbitration, or by other
causes which the Architect determines may justify delay, then
the COntract Time shall be extended by Change Order for such
reasonable time as the Architect may determine.
8.3.2 Claims relating to time shall be made in accordance with
applicable provisions of Paragraph 4.).
8.3.3 This Paragraph 8.3 does not preclude recovery of dam-
ages for delay by either party under Other provisions of the
Contract Documents.
ARTICLE 9
PA YMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and, includ-
ing authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance of the Work under
the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Contractor
shall submit to the Architect a schedule of values allocated to
various portions of the Work, prepared in such form and sup-
ported 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 Applica-
tions for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each
progress payment, the Contractor shall submit to the Architect
an itemized Application for Payment for operations completed
in accordance with the schedule of values. Such application
shall be notarized, if required, and supported by such data
substantiating the Contractor's right to payment as the Owner
or Architect may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage
if provided for elsewhere in the Contract Documents.
9.3.1.1 Such applications may include requests for payment on
account of changes in the Work which have been properly
authorized by Construction Change Directives but not yet
included in Change Orders.
9.3.1.2 Such applications may not include requests for pay-
ment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents,
payments shall be made on account of materials and equipment
delivered and suitably stored at the site for subsequent incor-
poration in the Work. If ap'proved in advance by the Owner,
payment may similarly be made for materials and equipment
suitably stored off the site at a location agreed upon in writing.
Payment for materials and equipment stored on or off the site
shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Owner's
title to such materials and equipment or otherwise protect the
Owner's interest, and shall include applicable insurance,
storage and transportation to the ~ite for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
an Application for Payment will pass to the Owner no later than
the time of payment, The Contractor further warrants that
upon submittal of an Application for Payment all Work for
which Certificates for Payment have been previously issued
and payments received from the Owner shall, to the best of the
Contractor's knowledge, information and belief, be free and
clear of liens, claims, security interests or encumbrances in
favor of the Contractor, Subcontractors, material suppliers, or
other persons or entitie~ making a claim by reason of having
provided bbor, materials and equipment relating til the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within seven days after receipt of the
Contractor's Application for Payment, either i~sue to the
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AlA'" . @1987THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, t),C, 20006
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Owner a Certificate for Payment, with a copy to the Contrac-
tor, for such amount as the Architect determines is properly
due, or notify the. Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
part as provided in Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
Architect's observations at the site and the data comprising the
Application for Payment, that the Work has progressed to the
point indicated and that, to the best of the Architect's knowl-
edge, information and belief, quality of the Work is in accor-
dance with the Contract Documents, The foregoing representa-
tions are subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections, to minor deviations
from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the
anlOunt certified. However, the issuance of a Certificate for Pay-
ment will not be a representation that the Architect has (I)
made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors
and material suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment or (4) made
examination to ascertain how or for what purpose the Contrac-
tor has used money previously paid on account of the Contract
Sum.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may decide not to certify payment and
may withhold a Certificate for Payment in whole or in part, to
the extent reasonably necessary to protect the Owner, if in the
Architect's opinion the representations to the Owner required
by Subparagraph 9.4.2 cannot be made. If the Architect is
unable to certify payment in the amount of the Application, the
Architect will notify the Contractor and Owner as provided in
Subparagraph 9.4,1. If the Contractor and Architect cannot
agree on a revised amount, the Architect will promptly issue a
Certificate for Payment for the amount for which the Architect
is able to make such representations to the Owner. The Archi-
tect may also decide not to certify payment or, because of
subsequently discovered evidence or subsequent observations,
may nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the
Architect's opinion to protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicat-
ing probable filing of such claims;
.3 failure of the Contractor to make payments prop-
erly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be com-
pleted 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 com-
pleted 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 When the above reasons for withholding certification are
removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for Payment,
the Owner shall make payment in the manner and within the
time provided in the Contract Documents, and shall so notify
the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's por-
tion of the Work, the anlount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments
to the Contractor on account of such SubCOntractor's portion
of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manner,
9.6.3 The Architect will, on request, furnish to a Subcontrac-
tor, if practicable, information regarding percentages of com-
pletion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of por-
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obligation
to payor to see to the payment of money to a Subcontractor
except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner
similar to that provided in Subparag'raphs 9.6.2,9.6.3 and 9,6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial
or entire use or occupancy of the Project by the Owner shall
not constitute acceptance of Work not in accordance with the
Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for Payment,
through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment, or if the
Owner does not pay the Contractor within seven days after the
date established in the Contract Documents the amount cer- ilLJ
tified by the Architect M om9rQ~Q J..:'1.o'f9i"o';M, then the Con- TiJAA
tractor may, upon seven additional days' written notice to the fA"v
. Owner and Architect, stop the Work until payment of the
amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be
increased by the amount of the Contractor's reasonable costs of
shut-down, delay and start-up, which shall be accomplished as
provided in Article 7.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the stage in the progress of the
Work when the Work or designated portion thereof is suffi-
ciently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended
use.
9.8.2 When the Contractor considers that the Work, or a por-
tion thereof which the Owner agrees to accept separately, is
substantially complete, the Contractor shall prepare and submit
to the Architect a comprehensive list of items to be completed
or corrected. The Contractor shall proceed promptly to com-
plete and correct items on the list. Failure to include an item on
such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Docu-
ments, Upon receipt of the Contractor's list, the Architect will
make an inspection to determine whether the Work or desig-
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN lNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201.1987 17
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nated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not
included on the Contractor's list, which is not in accordance
with the requirements of the Contract Documents, the Contrac-
tor shall, before issuance of the Certificate of Substantial Com-
pletion, complete or correct such item upon notification by the
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion. When the Work or designated portion thereof is
substantially complete, the Architect will prepare a Certificate
of Substantial Completion which shall establish the date of Sub-
stantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities,
damage to the Work and insurance, and shall fix the time
within which the' Contractor shall finish all items on the list
accompanying the Certificate. Warranties required by the Con-
tract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the Certificate of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub-
mitted to the Owner and Contractor for their written accep-
tance of responsibilities assigned to them in such Certificate.
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9.8.3 Upon Substantial Completion of the Work or designated
portion thereof and upon application by the Contractor and
certification by the Architect, the Owner shall make payment,
reflecting adjustment in retainage, if any, for such Work or por-
tion thereof as provided in the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy or use any completed or par-
tially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contrac-
tor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph] 1.3.11 and authorized
by public authorities' having jurisdiction over the Work. Such
partial occupancy or use may commence whether or not the
portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retainage if any, secu-
rity, maintenance, heat, utilities, danlage to the Work and insur-
ance, and have agreed in writing concerning the period for cor-
rection of the Work and commencement of warranties
required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor shall
prepare and submit a list to the Architect as provided under
Subparagraph 9,8,2, Consent of the Contractor to partial occu-
pancy or use shall not be unreasonably withheld, The stage of
the progress of the Work shall be determined by written agree- -
ment between the Owner and Contractor or, if no agreement is
reached, by'decision of the Architect.
9.9.2 Immediately prior to such partial occup;mcy or use, the
Owner, Contractor and Architect shall jointly inspect the area
to be occupied or portion of the Work to be used in order to
determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use
of a portion or portions of the Work shall not constitute accep-
tance of Work not complying with the requirements of the
Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of .written notice that the Work iS'leady
for final inspection and acceptance and upon receipt of a final
Application for Payment, the Architect will promptly make
such inspection and, when the Architect finds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, the Architect will promptly issue a final Certificate for
Payment stating that to the best of the Architect's knowledge,
information and belief, and on the basis of the Architect's
observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Docu-
ments and that the entire balance found to be due the Contrac-
tor and noted in said final Certificate is due and payable. The
Architect's final Certificate for Payment will constitute a further
representation that conditions listed in Subparagraph 9,10.2 as
precedent to the Contractor's being entitled to final payment
have been fulfilled.
9.10.2 Neither final payment nor any remaining retained
percentage shall become due until the Contractor submits to
the Architect (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work
for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that insurance required by the Contract Documents to
remain in force after final payment is currently in effect and will
not be cancelled or allowed to expire until at least 30 days'
prior written notice has been given to the Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover the period
required by the Contract Documents, (4) consent of surety, if
any, to final payment and (5), if required by the Owner, other
data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interests
or encumbrances arising out of the Contract, to the extent and
in such form as may be designated by the Owner. If a Subcon-
tractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor
shall refund to the Owner all money that the Owner may be
compelled to pay in discharging such lien, including all costs
and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of the Work, final com-
pletion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting final
completion, and the Architect so confirms, the Owner shall,
upon application by the Contractor and certitlcation by' the
Architect, and without terminating the Contract, make payment
of the balance due for that portion of the Work fully completed
and accepted. If the remaining balance for Work not fully com-
pleted or corrected is less than retainage stipulated in the Con-
tract Documents, and if bonds have been furnished, the written
consent of surety to payment of the balance due for that por-
tion of the Work fully completed and accept~d shall be submit-
ted by the Contractor to the Architect prior to certification of
such payment. Such payment shall be made under terms and
. conditions governing final payment, .except that it shall not
constitute a waiver of claims. The making of final payment shall
constitute a waiver of claims by the O"..;ner as provided in Sub-
paragraph 4.3.5.
9.10.4 Acceptance of final payment by the Contractor, a Sub-
contractor or material supplier shall constitute a waiver of
claims by that payee except those previously made in writing
and identified by that payee as unsettled at the time of final
Application for Payment. Such waivers shall be in addition to
the waiver described in Subparagraph 4 ,3.5.
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating, main-
taining and supervising all safety precautions and programs in
connection with the performance of the Contract.
10.1.2 In the event the Contractor encounters on the site
material reasonably believed to be asbestos or polychlorinated
biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected
and report the condition to the Owner and Architect in writing.
The Work in the affected area shall not thereafter be resumed
except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The Work in the affected
area shall be resumed in the absence of asbestos or polychlori-
nated biphenyl'(PCB), or when it has been rendered harmless,
by written agreement of the Owner and Contractor, or in
accordance with final determination by the Architect on which
arbitration has not been demanded, or by arbitration under
Article 4.
10.1.3 The Contractor shall not be required pursuant to Article
7 to perfo1'lil without consent any Work relating to asbestos or
polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner shall
indemnify and hold harmless the Contractor, Architect, Archi-
tect's consultants and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
-jng but not limited to attorneys' fees, arising out of or resulting
from performance of the Work in the affected area if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has
not been rendered harmless, provided that such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property
(other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Owner, anyone directly or
indirectly employed by the Owner or anyone for whose acts
the Owner may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in p:lrt by a party
indemnit1ed hereunder. Such obligatiol) shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Subparagraph 10.1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for
safety of, and shall provide reasonable protection to prevent
damage, injury or loss to:
.1 emplo}'ees on the Work and other persons who may
be affected thereb}';
.2 the \X'ork afld materials and equipment to be incorpo-
rated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or
the ContractOr's Subcontractors or' Sub-subcontrac-
tors; 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, relo-
cation or replacement in the course of construction.
-..
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss,
10.2.3 The Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reason-
able safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent
sites and utilities.
10.2.4 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost
care and carryon such activities under supervision of properly
qualified personnel.
10.2.5 The Contractor shall promptly remedy danlage and loss
(other than damage or loss insured under property insurance
required by the Contract Documents) to property referred to in
Clauses 10.2.1.2 and 10.2,1.3 caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Contractor
is responsible under Clauses 10.2.1.2 and 10.2.1.3, except
damage or loss attributable to acts or omissions of the Owner
or Architect or anyone directly or indirectly employed by
either of them, or by anyone for whose acts either of them may
be liable, and not attributable to the fault or negligence of the
Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of
the Contractor's organization at the site whose duty shall be the
prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor
in writing to the Owner and Architect.
10.2.7 The Contractor shall not load or permit an}' part of the
construction or site to be loaded so as to endanger its safety.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property,
the Contractor shall act, at the Contractor's discretion, to pre-
vent threatened damage, injur}' or loss. Additional compensa-
tion or extension of time claimed by the Contractor on account
of an emergency shall be determined as provided in Paragraph
4.3 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a
company or companies lawfully authorized to do business in
the jurisdiction in which the Project is located such insurance as
\viJl protect the Contractor from claims set forth below which
may arise out of or result from the Contractor's operations
under the Contract and for which the Contractor may be legally
liable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be
liable:
.1 claims under workers' or workmen's compensation,
disability benefit and other similar employee benefit acts
which are applicable to the Work to be performed;
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA$ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D,C. 20006
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.2 claims for damages because of bodily injury, occupa-
tional 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 Con-
tractor's employees;
.4 claims for damages insured by usual personal injury
liability coverage which are sustained (I) by a person
as a result of an offense directly or indirectly related to
employment of such person by the Contractor, or (2)
by another person;
.5 claims for damages, other than to the Work itself,
because of injury to or destruction of tangible prop-
erty, including loss of use resulting therefrom;
.6 claims for damages because of bodily injury, death of
a person or property damage arising out of owner-
ship, maintenance or use of a motor vehicle; and
.7 claims involving contractual liability insurance appli-
cable to the Contractor's obligations under Paragraph
3.18.
11.1.2 The insurance required by Subparagraph 11.1.1 shall be
written for not less than limits of liability specified in the Con-
tract Documents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or
claims-made basis, shall be maintained without interruption
from date of commencement of the Work until date of final
payment and termination of any coverage required to be main-
tained after final payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Work.
These Certificates and the insurance policies required by this
Paragraph II. I shall contain a provision that coverages
afforded under the policies will not be cancelled or allowed to
expire until at leist 30 days' prior written notice has been given
to the Owner. If any of the foregoing insurance coverages are
required to remain in force after final payment and are reason-
ably available, an additional certificate evidencing continuation
of such coverage shall be submitted with the final Application
for Payment as rcquired by Subparagraph 9.1 0.2, Information
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accordance with the
Contractor's information and belief.
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Owner shall be responsible for purchasing and
maintatnmg t wner's usual liability insurance. Optionally,
the Owner may purc d maintain other insurance for self-
protection against claims may arise from operations
under the Co'niract. The Contracto I not be responsible
for purchasing and maintaining this option wner's liability
insurance unless specifically required by t 1 ontract
, 11.3 PROPERTY INS~~C.,\....c..J--
A.L)11.3.1 {,'nlsDE sthsrI iDS I"rs' i8s8, tRS g. nlr shall purchase
'-r:~ and maintain, in a company or companies lawfully authorized
to do business in the jurisdiction in which the Project is
located, property insurance in the amount of the initial Con-
tract Sum as well as subsequent modifications thereto for the
entire Work at the site on a replacement cost basis without vol-
untary deductibles, Such property insurance shall be main-
tained, unless otherwise provided in the Contract Documcnts
or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been
made as provided in Paragraph 9. I 0 or until no person or entity
other than the Owner has an insurable interest in the property
required by this Paragraph 11,3 to be covered, whichever is
earlier. This insurance shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work.
11.3.1.1 Property insurance shall be on an all-risk policy form
an-d shall insure against the perils of fire and extended coverage
and physical loss or damage including, without duplication of
coverage, theft, vandalism, m.alicious mischief, collapse, false-
work, temporary buildings and debris removal including
demolition occasioned by enforcement of any applicable legal
requirements, and shaH cover reasonable compensation for
Architect's services and expenses required as a result of such
insured loss. Coverage for other perils shall not be required
unless otherwise provided in the Contract Documents.
erty' urance required by the Contract and with aH of the
coverages he amount described above, the Owner shall so
inform the Con tor in writing prior to commencement of 1!n
the Work. The Contr r may then effect insurance which will ~
protect the interests of the tractor, Subcontractors and Sub-
subcontractors in the Work, an a propriate Change Order
the cost thereof shall be charged to tli wner. If the Contrac-
tor is danlaged by the failure or neglect 0 Owner to pur-
chase or maintain insurance as described above, ithout so
notifying the Contractor, then the Owner shaH bear al on-
bles ch deductibles are iden-tified in the Contract Docu-
ments, the ractor shall pay costs not covered because of
such deductibles, Owner or insurer increases the required ~
minimum deductibles a . the anlounts so identified or if the
Owner elects to purchase this rance with voluntary deduc-
tible amounts, the Owner shall be r nsible for payment of
the additional costs not covered because ch increased or
voluntary deductibles. If deductibles are not i . led in the
Contract Documents, the Owner shaH pay costs not 'ered
11.3.1.4 Unless otherwise provided in the Contract Docu-
ments, this property insurance shall cover portions of the Work
stored off the site after written approval of the Owner at the
value established in the approval, and also portions of [he Work
in transit.: i.L L
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11.3.2 Boller and. Machinery Insurance. l! 9, Milt shall
purchase and maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically covcr such insured objects during installation and
until final acceptance by the Owner; this insurance shall include
interests of the Owner, ContractOr, Subcontractors and Sub-
subcontractors in thc Work, and the Owner and Contractor
shall be n~ll1ed insureds. .
11.3.3 Lo'ss of Use Insurance. The Owner, at the Owner's
option, may purchase and maintain such insurance as will
insurc the Owner against loss of use of the Owner's property
due to fire or other hazards, however caused. .l.@ QTI18r
yoai 'Be all rightG sf Qsti9~ Rg9i~i:t th~ ('Q....tr.H~tQr r<'\r )'-H't." ^f IIC'",".
~f tl:}9 C"'":'"'R@['C p'rQp@rt~., iR~I')gi'lB <:QrH''''';''r1Ar...ri''ll 1nee'PL' rll1f'> 1:{'
fcire aJ achel f1B.!Zflr€la R9"':"'8ugr ~fl' 'r.g,
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risks otlle ose described herein or for other special haz-
ards be included in t t ' insurance policy, the Owner
shall, if possible, include such insu ld the cost thereof
shall be charged to the Contractor by appr hange
20 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION . FOURTEENTH EDITION
AlA" · @]987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006
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i sures properties, real or personal or both, adjoining or a
c t to the site by property insurance under policies sepa
fr 1 those insuring the Project, or if after final payment op-
crt insurance is to be provided on the completed P ject
thro _ h a policy or policies other th:m those insuring th Proj-
ect d ring the construction period, the Owner shall w 've all
rights accordance with the terms of Subparagraph 1 ,3.7 for
damag caused by fire or other perils covered by thi separate
propert} insurance. All separate policies shall pr vide this
waiver 0 subrogation by endorsement or otherwis ,
11.3.6 Bd re an exposure to loss may occur, the Owner shall
file with th Contractor a copy of each policy that includes
insurance c erages required by this Paragra h 11.3. Each
policy shall c ntain all generally applicable co ditions, defini-
tions, exclusio s and endorsements related to is Project. Each
policy shall co tain 'a provision that the p licy will not be
cancelled or allo ed to expire until at least days' prior writ-
ten notice has be n given to the Contract .
11.3.8 A loss insur d under Owner's pro erty insurance shall
be adjusted by th Owner as fiduciary and lade payable to the
Owner as fiduci ry. for the insureds, as eir interests may
appear, subject 0 requirements of any ap icabJe mortgagee
clause and of S bparagraph 11.3.10. The COI tractor shall pay
Subcontractor their just shares of insurance p ceeds received
by the Cont .letor, and by appropriate agree lents, written,
where legall required for validity, shall require bcontractors
to make yments to their Sub-subcontracto s in similar
manner.
11.3.9 If required in writing by a party in interest,
as fidu ary shall, upon occurrence of an insured
bond f r proper performance of thc Owner's duties. he cost
of re ired bonds shall be charged against proceeds rec ived as
fiduc'ary. The Owner shall deposit in a separate accou t pro-
cee so received, which the Owner shall distribute in ccor-
da! e with such agreenlent as the parties in interest may r ach,
or 111 accordance with an arbitration award in which case the
p ocedure shall be as provided in Paragraph 4.5. If after s h
ss no other special agreement is made, replacement of da
,-
11.3.10 The Owner as fiduciary shall have power to adjust and
settle a loss with insurers unless one of the parties in interest
shall object in writing within five days after occurrence of loss
to the Owner's exercise of this power;.jf nda Qbj~<;;t;Qn ~e ~
n... "'l.1P , 'Jrhitr"tllf'C ch'lll hp rhAcpn 'lC rr("n,irlprf in P'lr'lgr'lrh .a. 'c;,
"fR8 Q'?'R8r a~ A.h:lEJiary BRilll, iR tRat C0€9, J;Ralo@ ~8tt18J;R9Rt w'iW1 i4/J
tM[Yf@f& iR a~~grgan~@ "ritR 9ir@~ti9RS 8f SH€R afeitftHSre If
.irtri~1dtigR Qf iRf11r:;U1ce prQ<,':'O<=>O?i 9)' ?rQttr"HO'"l if rp1l,irprl,
~~.,..,rhitr~tQri 'r)'il1 ?;r'f<,t f..~h ~:lh.i?11tjQn
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11.3.11 Partial occupancy or use in accordance with Paragraph
9.9 shall not commence until the insurance company or com-
panies providing' property insurance have consented to such
partial occupancy or use by endorsement or otherwise. Thc
Owner and the Contractor shall take reasonable steps to obtain
consent of the insurance company or companies and shall,
without mutual written consent, take no action with respect to
partial occupancy or use that would cause cancellation, lapse or
reduction of insurance,
11.4 PERFORMANCE BOND AND PAYMENT BOND
_ 1_1,.1.1 'fkl!! O'i\I.l!!f akQlll~Q' 8 tRQ rigRt \9 rll'il"'r'i~ Contracp~
C)WJ.> furnish bonds covering faithful performance of the Con- ~
tract and payment of obligations arising thereunder as ~
lates in sissiRg rllEjljir9J;R@RW sr vI'9li}iAGllll~' l'ilEjlli"H.I iR thw
\Jffl€t J;)9~R18fltE g~Q gata gf ~nii~wti9R gf tkli C2RtfR9t.
....,f>CtK "" Cite.....';c fa..J.
11.4. Upon the re~uest of any person or entity appearing to
be a potential beneficiary of bonds covering payment of obliga-
tions arising under the Contract, the Contractor shall promptly
furnish a copy of the bonds or shall permit a copy to be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of thc Work is covered contrary to the
Architect's request or to requirements specifically expressed in
the Contract Documents, it must, if required in writing by the
Architect, be uncovered for the Architect's observation and be
replaced at the Contractor's expense without change in the
Contract Time.
12.1.2 If a portion of the Work has becn covered which the
Architect has not specifically requested to observc prior to its
being covered, the Architect may request to see such Work and
it shall be uncovered by the Contractor. If such Work is in
accordance with the Contract Documents, costs of uncover-
ing and replacement shall, by appropriate Change Order, be
charged to the Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs
unless the condition was caused by the Owner or a separate
contractor in which event the Owner shall be responsible for
'payment of such costs.
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct Work rejectcd
by the Architect or failing to conform to the requirements of
the Contract Documents, whether observed before or aftcr
Substantial Completion and whether or not fabricated, installed
or completed. The Contractor shall' bear costs of correcting
stich rejected Work, includil1g additional testing and inspec-
tions and compensation for thc Architect's services and
expenses made necessary thereby.
12.2.2 If, within one year after thc date of Substantial Comple-
tion of the Work or designated portion thereof, or after the date
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201-1987 21
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for commencement of warranties established under Sub,
paragraph 9.9,1, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so unless the
Owner has previously given the Contractor a written accep-
tance of such condition. This period of one year shall be
extended with respect to portions of Work first performed after
Substantia! Completion by the period of time between Substan-
tial Completion and the actual performance of the Work. This
obligation under this Subparagraph 12.2.2 shall survive accep-
tance of the Work under the Contract and termination of the
Contract. The Owner shall give such notic'e promptly after dis-
covery of the condition,
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12.2.3 The Contractor shall remove from the site portions of
the Work which are not in accordance with the requirements
, of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work
within a reasonable time, the Owner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reason-
able time fixed by written nOtice from the Architect, the Owner
may remove it and store the salvable materials or equipment at
the Contractor's expense, If the Contractor does not pay costs
of such removal and storage within ten days after written
notice, the Owner Inay upon ten additional days' written
notice sell such materials and equipment at auction or at private
sale and shaH account for the proceeds thereof, after deducting
costs and dam;lges that should have been borne by the Con-
tractor, including compensation for the Architect's services and
expenses made necessary thereby. If such proceeds of sale do
not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due the Contractor are not sufficient to cover
such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors
caused by the Contractor's correction or removal of \'Vork
which is not in accorelance with the requirements of the Con-
tract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the 'Con-
tract Documents. Establishmem of the time period of one year
as described in Subparagraph 12.2.2 relates only to the specifiC'
obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply
with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced
to establish the Contractor's liability with respect to the Con-
tractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in
accordance with the requirements of the Contract Documents,
the Owner may do so instead of requiring its removal ;md cor-
rection, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected
whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and .Contractor respectively bind them-
selves, their partners, successors, assigns and legal representa-
tives to the other party hereto and to partners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligatitins contained in the Con-
tract Documents. Neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If
either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 \Xrritten notice shall be c1eemed to have been c1uly
served if delivered in person to the individual or a member of
. the finn or entity or to an officer of the corporation for which it
was intended, or if delivered at or sent by registered or certified
mail to the last business address known to the party giving
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Docu-
ments and rights and remedies available thereunder shall be in
addition 10 and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Architect or
COntractor shali constitute a waiver of a right or duty afforded
them under the Contr:lct, nor shall such action or failure to act
constitute approval of or acqi.liescence in a bre;lch thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the
Work required by the Contract Documents or by laws, ordi-
nances, rules, regulations or orders of public authorities having
jurisdiction shall be made ;n an appropriate time. Unless other-
wise provided, the Contractor shall make arrangements for
such tests, inspections and approvals with an independent test-
ing laboratory or entity acceptable to the Owner, or with the
appropriate public authority, and sh;1l1 bear all related costs of
tests, inspections :lncl approvals, The Contractor shall give the
Architect timely notice of when and where tests and inspec-
tions are to be made so the Architect may observe such proce-
dures, The Owner shall bear costs of tests, insi)ections or
approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If the Architect, Owner or public authorities h:lving
jurisdiction determine that portions of the Work require addi-
tional testing, inspection or approval not included under Sub-
paragraph 13.5.1, the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements
for such additional testing, inspection or approval by an entity
,acceptable to the Owner, and the Contractor shall give timely
notice to the Architect of when and where tests and inspections
are to be made so the Architect may observe such procedures.
22
A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA <!l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2()[J()()
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The Owner shall bear such costs except as provided in Sub-
paragraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.1 and n.5.2 reveal failure of the
portions of the Work to comply with requirements established
by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated
procedures and compensation for the Architect's services and
expenses.
13.5.4 Required certificates of testing, inspection or approval
shall, unless otherwise required by the Contract Documents, be
secured by the Contractor and promptly delivered to the
Architect.
13.5.5 If the Architect is to observe tests, inspections or
approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal place
of ~esting,
13.5.6 Tests or inspections conducted pursuant to the Con-
tract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Docu-
ments shall bear interest from the date payment is due at such
rate as the parties may agree upon in writing or, in the absence
thereof, at the legal rate prevailing from time to time at the place
where the Project is located.
13.7 COMMENCEMENT OF STATUTORY
LIMITATION PERIOD
13.7.1 As between the Owner and Contractor:
.1 Before Substantial Completion. As to acts or failures
to act occurring prior to the relevant date of Substan-
tial Completion, any applicable statute of limitations
shall commence to 11m and any alleged cause of action
shall be deemed to have accrued in any and all events
not later than such date of Substantial Completion:
.2 Between Substantial Completion and Final Certifi-
cate for Payment. As to acts or failures to act occur-
ring subsequent to the relevant date of Substantial
Completion and prior to issuance of the final Certifi-
cate for Payment, any applicable statute of limitations
shall commence to run and :U1Y alleged cause of
action shall be deemed to have accrued in any and all
events not later than the date of issuance of the final
Certificate for Payment; and
.3 After Final Certificate for Payment. As to acts or
failures to act occurring after the relevant date of issu-
ance of the final Certificate for Payment, any appli-
cable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have
accrued in any and all events not later than the date of
any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5, the date
of any correction of the Work or failure to correct the
Work by the Contractor under Paragraph 12.2, or the
date of actual commission of any other act or Failure
to perform 'any duty ll1' obligation by the'Contractor
or Owner, whichever occurs last.
ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work
is stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor, for any of the
following reasons:
.1 issuance of an order of a court or other public author-
ity having jurisdiction;
.2 an act of government, such as a declaration of national
emergency, making material unavailable;
._'1 l:"'&:>.....~111i''O ..hI'> A r.....h;t~<'t h?f t...":'t iff",,:"Q ., (prtlfir"lt"" fr.r
P~:''M1~nt tlRg qAf ,."9" n9titJ~Q tl"~ CQt"'\t...,.....tnr ....r thD ~
rll~[gA t:sr 'i"ithhGlgiAg ~lilftifiQatigA Ole I?r?"i?~Q ;n 'f!~
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A if repeated suspensions, delays or interruptions by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total num-
ber of days scheduled for completion, or ] 20 days in
any 365-day period, whichever is less; or
.5 the Owner has failed to furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidence as required by Subparagraph 2,2.1.
14.1.2 If one of the above reasons exists, the Contractor may,
upon seven additional days' written notice to the Owner and
Architect, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect
'to materials, equipment, tools, and constnlction equipment rvIA.I
and I113chinery :1"\.....11I(1;."l8 r~...,fnnAl;?I~ g..~rh~~lg Pf/}t:it ~n~i "C.. ~
"R:lag<8i. IN;;"vOII0~ /lI3#4-~v.a!Ufi OJe4J8~1J iP/to~/r
14.1.3 If the Work is stopped flJr a period of 60 clays through IlIlih
no act or fault of the Contractor or a Subcontractor or their fI/ v
agents or employees or any other persons performing portions
of the \Xlork under contr;lct with the Contractor because the
Owner has persistently failed to fu1t1l1 the Owner's obligations
uncleI' the COntract Documents with respect to matters impor-
tant to the progress of the Work, the Contractor may, upon
seven additional days' written notice to the Owner and the
Architect, terminate the Contract and recover from the Owner
as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate .the Contract if the
Contractor:
.1 persistently or repeatedly refuses or fails to supply
enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials
or labor in accordance with the respective agreements
between the Contractor and the Suhcontractors;
.3 persistently disregards laws, ordinances, or rules, reg-
ulations or orders of a puhlic authority having juris-
diction; or
.4 otherwise is guilty of suhstantial breach of a provision
of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, upon
certification by the Architect that suffkient cause exists to jus-
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA<!> . @19H7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20(H16
A201.1987
23
~ 11../- ..._..~
--;..
,t"',~
?
tify such action, may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the
Contractor's surety, If any, seven days' written notice, termi-
nate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession of the site and of all materials, equip-
ment, tools, and construction equipment and machin-
ery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Para-
graph 5.4; and
.3 finish the Work by whatever reasonable method the
Owner may deem expedient.
14.2.3 When the Owner ternllnates the Contract for one of the
reasons stated in Subparagraph 14.2.1, the Contractor shall not
be entitled to receive further payment untll the Work is
finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs
of finishing the Work, including compensation for the Archi-
tect's services and expenses made necessary' thereby, such
excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the
I: ,"
!
c1~
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.c.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
Owner. The amount to be paid to the Contractor or Owner, as
the case may be, shall be certified by the Architect, upon appli-
cation, and this obligation for. payment shall survive termina-
tion of the Contract.
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor In
writing tQ suspend, delay or interrupt the Work in whole or in
part for stich period of time as the Owner may determine.
14.3.2 An adjustment shall be made for increases in the cost of
performance of the Contract, Including profit on the increased
~ost of performance, .caused by suspension, delay or interrup-
tion. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so sus-
pended, 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 this 'Contract.
14.3.3 Adjustments made in the cost of performance may have
a mutually agreed fixed or percentage fee,
All claims, disputes and other matters in question between the Owner and the Contractor arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court
of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents
to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and
venue in the Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be
due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically
waives any claim to same.
Notwithstanding any provision of the General Conditions, there shall be no substitution of
materials or change in means, methods, techniques, sequences or procedures of construction
that are not determined to be equivalent to those indicated or required in the Contract
Document, without an Amendment to the Contract.
Contractor acknowledges that all records relating to this Agreement an9. the services to be provided
under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. 9 50-
18-70, et seq.).. Contractor shall cooperate fully in responding to such request and making all
records, not exempt, available for inspection and copying as provided by law.
,.
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C * I 1 * 1 1 1 1 9 102 * I MP 1 7548 1 2 - 00
0381283
ORIGINAL COpy
~-
GREA"IAMERICAN.
INSURANCE GROUP
";
~~inistratiV~.Offices
580 Walnut Street
Cincinnati, OH 45202
513.369.5000 ph
I L 70 0 1 lEd. 05..92)
Po I icy No.
Renewal Of
IMP 1 75 - 48 - 1 2
- 00
BUS I NESSPRO@ POL I CY COMMON DECLARA T IONS
NAMED INSURED R.D. BROWN CONTRACTORS, INC.
AND ADDRESS: P.O. BOX 6535
NORTH AUGUSTA, SC 29861
IN RETURN FOR PAYMENT OF THE
PREMIUM, AND SUBJECT TO ALL
TERMS OF THIS POLICY, WE AGREE
WITH YOU TO PROVIDE THE INSURANCE
AS STATED IN THIS POLICY.
AGENT'S NAME AND ADDRESS:
SAS 1 SHERMAN &. HEMSTREET
PO BOX 10106
AUGUSTA, GA 30903 2706
Insurance is afforded by the Company named below, a Capital Stock Corporation:
GREAT AMERICAN INSURANCE. COMPANY OF NEW YORK
POLICY PERIOD: From 11/01/2002 To 11/01/2003
1 2 : 01 A. M . S tan d a r d Time a t the add res s 0 f the Name din sur e d
This policy consists of the following Coverage Parts for which a premium is
indicated. This premium may be subject to adjustment.
P r em i urn
Corrmercial
Corrmercial
Corrmercial
Corrmercial
Corrmercial
Corrmercial
Corrmercial
Property
General Liabi ity
Cr ime
Inland Marine
Equipment Breakdown
Auto
Umb rei I a
$1,278.00
TOTAL
$1 ,27B .00
FORMS AND ENDORSEMENTS appl icable POLICY ALTERNATE MAILING ADDRESS:
to a I I Co v era g e Par t san d ma de par t
oft his Pol icy at time 0 f i s sue are
I isted on the attached Forms and
Endorsements Schedule IL8B01 11/85/~
Countersigned
1147 1m;;
DJa t e I
By
Representat i ve
F8972C(9101)
IL 7001 lEd. 05/92) PRO
ATr.I~W~
~
GREAlAMERICAN.
0381283
';
Adfninistrative Offices
58U Walnut Street
Cincinnati, Ohio 45202
Tel: 1-513-369-5000
IL 88 01
(Ed.11/851
INSURANCE COMPANIES
Pol icy: IMP 1 75 - 48 - 1 2
00
BUSINESSPRO FORMS AND ENDORSEMENTS SCHEDULE
It is hereby understood and agreed the following forms and endorsements are
attached to and are a part of this policy:
Form and Edition
Date Added*
or
Date Deleted
Form Description
1.IL0017
1 1 198
COMMON POLICY CONDITIONS
2. I L0262
07/02
GEORGIA CHG-CANCELLATION/NONRENEWAL
3.IL7001
05/92
COMMON DECLARATIONS
4. IL8802
1 1 185
MINIMUM EARNED PREMIUM
* IF NOT AT INCEPTION
I'L 88 01
11/85
(Page. 1 0 f
1 I
c
I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00
0381283
*
JlGREAT AMERICAj,t-I INSURANCE COMPANIES
SubsidiI:r-ies of A'meriean Financial Corporation
580 WALNUT STREET, CINCINNATI, OHIO 45202
BUSINESSPRO GENERAL ENDORSEMENT
MINIMUM EARNED PREMIUM
ORIGINAL COpy
I L 88 02 (E d. 11 85)
1ft his pol icy i sea nee I led, the m i n i mum ear n e d p r em i um s h a I I be
1 ,000.00
MEPOL004(12/94) BUSINESSPRO (Reg. U.S. Pat. Off.)
IL 88 02 (Ed. 11/85) PRO (Page of )
C * I 1 * 1 1 / 1 9 / 02 * I MP 1 7548 1 2 - 00
0381283
;. ':;
ORIGINAL COpy
IL 00 17
(Ed. 1 1 98)
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. CANCELLATION
1. The first Named Insured shown in the
Declarations may cancel this policy by
mailing or delivering to us advance written
notice of cancellation.
2. We may cancel this policy by mailing or
delivering to the first Named Insured writ-
ten notice of cancellation at least:
a. 10 days before the effective date of
cancellation if we cancel for nonpay-
ment of premium; or
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.
3. We will mail or. deliver our notice to the
first Named Insured's last mailing address
known to us.
4. Notice of cancellation will state the effec-
tive date of cancellation. The policy period
will end on that date.
5. If this policy is cancelled, we will send the
first Named Insured 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
cancellation will be effective even if we
have not made or offered a refund.
6. If notice is mailed, proof of mailing will be
sufficient proof of notice.
B. CHANGES
This policy contains all the agreements be-
tween you and us concerning the insurancoe
afforded. The first Named Insured shown in
the Declarations is authorized to make
changes in the terms of this policy with our
consent. This policy's terms can be amended
or waived only by endorsement issued by us
and made part of this policy.
C. EXAMINATION OF YOUR BOOKS AND
RECORDS
We may examine and audit your books and
records as they relate to this policy at any
time during the policy period and up to three
years afterward.
D. INSPECTIONS AND SURVEYS
1. We have the right to:
a. make inspections and surveys at any
time;
b. give you reports on the conditions we
find; and
c. recommend changes.
2. We are not obligated to make any inspec-
tions, surveys, reports or recommenda-
tions and any such actions we do under-
take relate only to insurability and the pre-
miums to be charged. We do not make
safety inspections. We do not undertake
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 conditions:
a. are safe or healthful; or
b. comply with laws, regulations, codes
or standards.
3.
Paragraphs 1. and 2. of this condition
apply not only to us, but also to any
rating, advisory, rate service or similar
organization which makes insurance
inspections, surveys, reports or rec-
ommendations.
IL 0017 (Ed. 11/98) XS
Copyright, Insurance Services Office, Inc. 1998
(Pagel of 2)
I~---C
* 11*11/19/02*IMP1754812-00
0381283
4. Paragraph 2. of this condition does not
apply to any inspections, surveys, reports
or recommendations we may make relative
to certification, under state or municipal
statutes, ordinances or regulations, of
boilers, pressure vessels or elevators.
E. PREMIUMS
The first Named Insured shown In the Dec-
larations:
1. is responsible for the payment of all pre-
miums; and
2. will be the payee for any return premiums
we pay.
ORIGINAL COPY
,
;' ~
F. TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS POLICY
Your rights and duties under this policy may
not be transferred without our written con-
sent except in the case of death of an in-
dividual Named Insured.
If you die, your rights and duties will be
transferred to your legal representative but
only while acting within the scope of duties as
your legal representative. Until your legal re-
presentative is appointed, anyone having
proper temporary custody of your property
will have your rights and duties but only with
respect to that property.
IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by
state law, this policy shall not be valid unless countersigned by our authorized representative.
~~~
~<~d)[~~
President
IL 00 17 (Ed. 1 1/98) XS
Copyright, Insurance Services Office, Inc. 1998
(Page 20f 2)
C * 11*11/19/02*IMP1754812-00
0381283
ORIGINAL COpy
IL 02 62
(Ed. 07 02)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GEORGIA CHANGES - CANCELLA rlON AND NONRENEW AL
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE' PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
A. Paragraph A.1. of the CANCELLATION Com-
mon Policy Condition is replaced by the fol-
lowing:
and the third party as soon as prac-
ticable after receiving the first Named
Insured's request for cancellation.
1. The first Named Insured shown in the
Declarations may cancel this policy by
mailing or delivering to us advance written
notice of cancellation, stating a future date
on which the policy is to be, cancelled,
sub ject to the following:
Our notice will state the effective date
of cancellation, which will be the later
of the following:
(1) lO days from the date of mailing
or delivering our notice, or
a. If only the interest of the first Named
Insured is affected, the effective date
of cancellation will be either the date
we receive notice from the first
Named Insured or the date specified in
the notice, whichever is later. How-
ever, upon receiving a written notice
of cancellation from the first Named
Insured, we may waive the requirement
that the notice state the future date of
cancellation, by confirming the date
and time of cancellation in wri~ing to
the first Named Insured.
(2) the effective date of cancellation
stated in the first Named Insured's
notice to us.
B. Paragraph A.5. of the CANCELLATION Com-
mon Policy Condition is replaced by the fol-
lowing:
5. Premium Refund
a. If this policy is cancelled, we will send
the first Named Insured any premium
refund due.
b. If by statute, regulation or contract
this policy may not be cancelled unless
notice is given to a governmental
agency, mortgagee or other third par-
ty, we will mail or deliver at least' lO
days notice to the first Named Insured
Copyright, ISO Properties,
IL 02 62 (Ed. 07/02) XS (Pagel of 2)
b. If we cancel,-the refund will be pro
rata, except as provided in c. below.
c. If the cancellation results from failure
of the first Named Insured to pay,
when due, any premium to us or any
amount, when due, under a premium
finance agreement, then the refund
Inc., 200 1
C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00
0381283
may be less than pro rata. Calculation
of the return premium at less than pro
rata represents a penalty charged on
unearned premium.
d. If the first Named Insured cancels, the
refund may be less than pro rata.
e. The cancellation will be effective even
if we have not made or offered a
refund.
C. The following IS added to the
CANCELLATION Common Policy Condition
and supersedes any other provision to the
contrary:
If we decide to:
1. cancel or nonrenew this policy; or
2. increase current policy premium by more
than 15% (other than any increase due to
change in risk, exposure or experience
modification or resulting from an audit of
auditable coverages); or
3. change any policy provision which would
limit or restrict coverage;
Then:
We will mail or deliver notice of our action
(including the dollar amount of any increase in
renewal premium of more than 15%) to the
first Named Insured and lienholder, if any, at
the last mailing address known to us. Except
as applicable as described in Paragraph D. be-
low, we will mail or deliver notice at least:
1. 10 days before the effective date of can-
cellation if this policy has been in effect
less than 60 days or if we cancel for
nonpayment of premium; or
2. 45 days before the effective date of can-
cellation if this policy has been in effect
60 or more days and we cancel for a
reason other than nonpayment of premi-
um; or
3. 45 days before the expiration date of this
policy if we decide to nonrenew, increase
the premium or limit or restrict coverage.
D. The following provisions apply to insurance
covering residential real property only pro-
vided under the:
ORIGINAL COpy
CAPITAL ASSETS PROGRAM (OUTPUT
POLICY) COVERAGE PART;
COMMERCIAL PROPERTY COVERAGE PART;
FARM COVERAGE PART;
if the Named Insured is a natural person.
With respect to such insurance, the following
is added to the CANCELLATION Common
Policy Condition and supersedes any provi-
sions to the contrary:
1. When this policy has been in effect for
60 days or less and is not a renewal with
us, we may cancel for any reason by noti-
fying the first Named Insured at least 10
days before the date cancellation takes
effect.
2. When this policy has been in effect for
more than 60 days, or at any time if it is a
renewal with us, we may cancel only for
one or more of the following reasons:
a. nonpayment of premium. whether
payable to us or to our agent;
b. upon discovery of fraud, concealment
of a material fact. or material mis-
representation made by or with the
knowledge of any person insured un-
der this policy in obtaining this policy,
continuing this policy or presenting a
claim under this policy;
c. upon the occurrence of a change in
the risk which substantially increases
any hazard insured against; or
d. upon the violation of any of the ma-
terial terms or conditions of this policy
by any person insured under this poli-
cy.
We may cancel by providing notice to the
first Named Insured at least:
* 10 days before the effective date of
cancellation if we cancel for nonpay-
ment of premium; or
* 45 days before the effective date of
cancellation if we cancel for any of
the reasons listed in b., c. or d. above.
IL 02 62 (Ed. 07/02) XS
Copyright. ISO Properties, Inc., 2001
(Page 2 of 2)
~:'
GREAlflMERICAiY.
0381283
AdmS.~istrative Offices
580 Walnut Street
Cincinnati, Ohio 45202
Tel: 1-513-369-5000
CM 88 01
IEd.11/851
INSURANCE COMPANIES
Policy: IMP 175-48-12 00
BUSINESSPRO FORMS AND ENDORSEMENTS SCHEDULE
It ;s hereby understood and agreed the following forms and endorsements are
attached to and are a part of this pol icy:
Form and Edition
1 . CMOO01 09/00
2. CM7840 07/99
3. CM7841 07/99
4. CM7879 10/92
5. CM8802 1 1 /85
* I F NOT AT INCEPTION
Date Added*
or
Date Deleted
Form Description
COMMON INLAND MARINE CONDITIONS
BUILDER'S RISK PLUS DECLARATIONS
BUILDER'S RISK PLUS COVERAGE FORM
AUGUSTA, GEORGIA, A POLITICAL
NONRENEWAL NOTICE
I CM 88 01
11/85
(Page
1 of
1 I
C * I 1 * 1 1 / 1 9 /02 * I MP 1.7548 1 2 - 00
0381283
ORIGINAL COPY
-;
CM 00 01
(Ed. 09 00)
COMMERCIAL -INLAND MARINE CONDITIONS
The following conditions apply in addition to the Common Policy Conditions and applicable Additional
Conditions in Commercial Inland Marine Coverage Forms:
LOSS CONDITIONS
A. Abandonment
There can be no abandonment of any property
to us.
B. Appraisal
If we and you disagree on the value of the
property or the amount of loss, either may
make written demand for an appraisal of the
loss. In this event. each party will select a
competent and impartial appraiser. The two
appraisers will select an umpire. If they cannot
agree, either may request that selection be
made by a judge of a court having jurisdiction.
The appraisers will state separately the value
of the property and amount of loss. If they
fail to agree, they will submit their differences
to the umpire. A decision agreed to by any
two will be binding. Each party will:
1. pay its chosen appraiser; and
2. bear the other expenses of the appraisal
and umpire equally.
If there is an appraisal, we will still retain our
right to deny the claim.
C. Duties In The Event Of Loss
You must-see that the following are done in
the event of loss or damage to Covered
Property:
,1. Notify the po/ice if a law may have been
broken.
2. Give us prompt notice of the loss or
damage. Include a description of the
property involved.
3. As soon as possible, give us a description
of how, when and where the loss or dam-
age occurred.
4. Take all reasonable steps to protect the
Covered Property from further damage,
and keep a record of your expenses nec-
essary to protect the Covered Property,
for consideration in the settlement of the
claim. This will not increase the Limit of
Insurance. However, we will not pay for
any subsequent loss or damage resulting
from a cause of loss that is not a Covered
Cause of Loss. Also, if feasible. set the
damaged property aside and in the best
possible order for examination.
5. You will not. except at your own cost,
voluntarily make a payment, assume any
obligation, or incur any expense without
our consent.
6. As often as may be reasonably required,
permit us to inspect the property proving
the loss or damage and examine your
books and records.
Also permit us to take samples of damag-
ed and undamaged property for inspec-
tion, testing and analysis, and permit us to
make copies from your books and
records.
7. We may examine any Insured under oath,
while not in the presence of any other
Insured and at such times as may be rea-
sonably required, about any matter relating
to this insurance or the claim, including an
Insured's books and records. In the event
of an examination, an Insured's answers
must be signed.
8. Send us a signed, sworn proof of loss
.containing the information we request to
settle the claim. You must do this within
60 days after our request. We will supply
you with the necessary forms.
9. Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the claim
or suit.
CM 00 01 {Ed. 09/00l XS
Copyright, Insurance Services Office, Inc., 1999
(Page 1 of 3)
C * 11*11/19/02*IMP1754812-00
0381283
10. Cooperate with us in the investigation or
settlement of the claim.
D. Insurance Under Two Or More Coverages
If two or more of this policy's coverages
apply to the same loss or damage, we will not
pay more than the actual amount of the loss
or damage.
E. Loss Payment
1. We will give notice of our intentions
within 30 days after we receive the sworn
proof of loss.
2. We will not pay you more than your fi-
nancial interest in the Covered Property.
3. We may adjust losses with the owners of
lost or damaged property if other than
you_ If we pay the owners, such payments
will satisfy your claim against us for the
owners' property. We will not pay the
owners more than their financial interest in
the Covered Property.
4. We may elect to defend you against suits
arising from claims of owners of prop-
erty. We will do this at our expense.
5. We will pay for covered loss or damage
within 30 days after we receive the sworn
proof of loss if you have complied with
all the terms of this Coverage Part and:
a. we have reached agreement with you
on the amount of the loss; or
b. an appraisal award has been made.
6. We will not be liable for any part of a loss
that has been paid or made good by oth-
ers.
F. Other Insurance
1. You may have other insurance subject to
the same plan, terms, conditions and pro-
visions as the insurance under this Cov-
erage Part. If you do, we will pay our
share of the covered loss or damage. Our
share is the proportion that the applicable
Limit of Insurance under this Coverage
Part bears to the Limits of Insurance of all
insurance covering on the same basis.
ORIGINAL COPY
2. If there is other insurance covering the
same loss or damage, other than that de-
scribed in 1. above, we will pay only for
the amount of covered loss or damage in
excess of the amount due from that other
insurance, whether you can collect on it or
not. But we will not pay more than the
applicable Limit of Insurance.
G. Pair, Sets Or Parts
1. Pair or Set
In case of loss or damage to any part of a
pair or set we may:
a. repair or replace any part to restore
the pair or set to its value before the
loss or damage; or
b. pay the difference between the value
of the pair or set before and after the
loss or damage.
2. Parts
In case of loss or damage to any part of
Covered Property consisting of several
parts when complete, we will only pay for
the value of the lost or damaged part.
H. Recovered Property
If either you or we recover any property
after loss settlement, that party must give the
other prompt notice. At your option, the
property will be returned to you. You must
then return to us the amount we paid to you
for the property. We will pay recovery ex-
penses and the expenses to repair the recov-
ered property, subject to the Limit of Insur-
ance.
I. Reinstatement Of Limit After Loss
The Limit of Insurance will not be reduced by
the payment of any claim, except for total
loss or damage of a scheduled item, in which
event we will refund the unearned premium on
that item.
J. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for whom
we make payment under this Coverage Part
has rights to recover damages from another,
those rights are transferred to us to the ex-
CM 00 01 (Ed. 09/00l XS
Copyright, Insurance Services Office, Inc., 1999
(Page 2 of 3)
C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00
0381283
tent of our payment. That person or organiza-
tion must do everything necessary to secure
our rights and must do nothing after loss to
impair them. But you may waive your rights
against another party in writing:
1. Prior to a loss to your Covered Property.
2. After a loss to your Covered Property
only if,at time of loss, that party is one of
the following:
a. someone insured by this insurance; or
b. a business firm:
(1) owned or controlled by you; or
(2) that owns or controls you.
This will not restrict your insurance.
GENERAL CONDITIONS
A. Concealment, Misrepresentation Or Fraud
This Coverage Part is void in any case of
fraud, intentional concealment or misrepre-
sentation of a materiai fact, by you or any
other Insured, at any time, concerning:
1. this Coverage Part;
2. the Covered Property;
3. your interest in the Covered Property; or
4. a claim under this Coverage Part.
B. Control Of Property
Any act or neglect of any person other than
you beyond your direction or control will not
affect this insurance.
-The breach of any condition of this Coverage
Part at anyone or more locations will' not
affect coverage at any location where, at the
time of los or damage, the breach of con-
,dition does not exist.
ORIGINAL COPY
C. Legal Action Against Us
'-
No on.e may bring a legal action against, us
under hii~ Coverage Part unless:
1. there has been full compliance with all the
terms of this Coverage Part; and
2. the action is brought within 2 years after
you first have knowledge of the direct
loss or damage.
D. No B'enefit To Bailee'
No person or organization, other than you,
having custody of Coverage Property will
benefit from this insurance_
E. Policy Period
We cover loss or damage commencing:
1. during the policy period shown in the
Declarations; and
2. within the coverage territory.
F. Valuation
The value of property will be the least of the
following amounts:
1. the actual cash value of that property;
2. the cost of reasonably restoring that
property to its condition immediately be-
fore loss or damage; or
3. the cost of replacing that property with
substantially identical property.
In the event of loss or damage, the value of
property will be determined as of the time of
loss or damage.
CM 00 01 (Ed. 09/00) XS
Copyright, Insurance Services Office, Inc., 1999
(Page 3 of 3)
~.:
GREA14MBRICAN.
ItlSURAtICE COMPANIES
0381283
~
Administrative Offices
580 Walnut Street
Cincinnati, Ohio 45202
Tel: 1-513-369-5000
eM 78 40
(Ed.07/99)
Pol icy: I MP 1 75 - 48 - 1 2
00
BUILDERS RISK PLUS DECLARATIONS
NAMED INSURED:
R.D. BROWN CONTRACTORS, INC.
POll CY PER 100
11/01/2002 to 11/01/2003
PREMIUM FOR THIS COVERAGE FORM:
$
1 ,278
MINIMUM PREMIUM:
1 ,000
$
SECTION A:
,. LIMITS OF I NSURANCF:
Coverage is provided only if a Limit of Insurance is shown. The most we
will pay for "loss" is:
$ 1,161:886 at anyone construction jobsite location
$ 100 ,000 wh i lei n t ran sit
$ 1,161,886 in anyone "loss"
2. COVERAGE EXTENSIONS:
$
$
Debr i 5
5,000
1 ,000
Removal
25
100,000
$
pol I uta n t c I e a n u pan d r emo val
loss data preparat ion
% 0 f d ire c t ph y s ic a I " I os s" amo u n t
additional limit if direct physical "loss"
r emo val e x pen see x c e e d L i m i t 0 fin sur a n c e
and debris
SECTION B:
ADDITIONAL COVERAGES:
The fo Ilowi ng coverages are prov i ded in add it i on to the above L imi ts of
Insurance.
$
$
$
$
$
$
100,000
100,000
100,000
100,000
5,000
5,000
for temporary structures
for temp 0 r a r y I 0 cat ion s
for forms, scaffolding, falsework and.temporary fences
for remova I expense
for fire department service charges
per occurrence/$500 per item for lawn, trees, shrubs and/or
plants
SECTION C:
OPTIONAL COVERAGES:
Coverage is provided only if a Limi.t of Insurance is shown. If a Limit of
Insurance is shown, coverage is provided in addition to the Limits of
Insurance provided in Section A.. except for Equipment Breakdown and
Ordinance or Law, Undamaged Portion of Sui Iding, where coverage is
included in the Section A. Limit of Insurance.
BUILDERS RISK PLUS (Reg. U.S. Pat. Off.)
I CM 78 40
2)
07/99
:1
(Page
, 0 f
~
GREA1AMEliK'AN.
0381283
A';irTlinistrative Offices
5aO'Walnut Street
Cincinnati, Ohio 45202
Tel: 1-513-369-5000
CM 78 40
IEd.07/99 )
Ir~SURA"CE COMPANIES
Pol icy: IMP 175-48-12
00
BUILDERS RISK PLUS DECLARATIONS
No Optional Coverages Selected
SECTION D:
DEDUCTIBLE:
The deductible amount is $
1 ,000 ,or
) See endorsement attached
SECTION E:
DESCRIPTION AND LOCATION OF COVERED CONSTRUCTION JOBSITEIS) IN THE COURSE OF
CONSTRUCTION OR INSTALLATION:
ICONSTRUCTION OF FIRE DEPARTMENT #1 AT 1 BROAD ST, AUGUSTA, GA
SECTION F:
REPORTING BASIS:
X Non Report ing () Adjustable Premium (see endorsement attached)
"Completed Value" Monthly Reporting (see endorsement attached)
FORMS AND ENDORSEMENTS appl icable to all Coverage Parts and made a part of
this policy at time of issue are listed on the attached Forms and
Endorsements Schedule CM 8801 (11/85).
"
I CM 78 40
BUILDERS RISK PLUS IReg. U.S. Pat. Off.)
07/99
(Page
2 0 f 2)
C
* 11*11/19/02*IMP1754812-00
0381283
ORIGINAL COPY
~.\'
GREAlAMERICAlY.
Admi~istratjve Offices
580 Walnut Stre.at
Cincinnati. Ohio 45202
Tel: 1-513-369-5000
INStJRAtlCE COMPANIES
CM 78 41
(Ed. 07 99)
BUILDERS RISK PLUS COVERAGE FORM
Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights,
duties, and what is or is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations.
The words "we," "us" and "our" refer to the company providing this insurance.
Other words and phrases that appear .in quotation marks have special meaning. Refer to SECTION G -
DEFINITIONS.
A. COVERAGE
We will pay for direct "loss" to Covered
Property from any of the Covered Causes of
Loss.
e. contractor's equipment, aircraft, motor
vehicles, watercraft, machinery, tools
or similar property which will not be-
come a permanent part of the struc-
ture(s) at the job site described in the
Declarations;
1. Covered Property, as used in ,this Cov-
erage Form, means:
,a. your property and property for which
you are legally responsible consisting
. of: building materials and supplies,
equipment, machinery and fixtures;
f. bridges, tunnels, piers, wharves and
dams whether or not in the course of
construction, reconstruction, renova-
tion or repair;
b. fences, foundations, excavations. un-
derground pipes, drains, paving, and/or
pilings at any construction jobsite
covered by this Coverage Form;
g. buildings or structures that exist prior
to any alteration, addition, improve-
ment, renovation or repair.
3. Covered Causes of Loss
which is, or is intended to become a per-
manent part of the structure(s) at the job-
_ site(s) described in the Declarations.
Covered Causes of Loss means risks of
direct physical "loss" to Covered Property
except those causes of "loss" listed in the
Exclusions.
2. Property Not Covered
Covered Property does not include:
.4. Additional Coverages
a. water, land (including land on which the
property is located)" grading or fill;.
Additional Coverages, as described below,
apply per location and are in addition to
the Limit of Insurance located on Section
A of the Declarations Page.
b. contraband or property in the course
of illegal transportation or trade;
c. growing crops;
a. We will pay up to the Limit of Insur-
ance shown in Section B. of the Dec-
larations for "loss" from a Covered
Cause to Temporary Structures while
located at a construction jobsite de-
scribed in the Declarations. This insur-
d. accounts, bills, currency, deeds,. evi-
dences of debt, money, notes or se-
curities;
CM 78 41 (Ed. 07/99) XS
(Page 1 of 1 1)
c
* 11*11/19/02*IMP1754812-00
0381283
ORIGINAL COpy
ance applies as excess of any other
insurance that would apply for your
benefit.
via truck or rail between the original
covered locations and the safekeeping
location.
This property will be valued at the
lesser of:
(1) its actual cash value; or
e. We will pay up to the Limit of Insur-
ance shown in Section B. of the Dec-
larations for your liability for Fire De-
partment Service Charges when the
fire department is called to save or
protect Covered Property from a
Covered Cause of Loss. This coverage
is provided when your liability is:
(2) the amount for which you are le-
gally liable, if the property is not
owned by you.
b. We will pay for "loss". to Covered
Property from a Covered Cause while
it is at Temporary Locations, but only
for the first 180 days that the prop-
erty is located there, and not beyond
the end of the policy period.
(1) assumed by contract or agree-
ment prior to "loss"; or
(2) required by local ordinance.
The most we will pay for anyone
"loss" at a Temporary Location is the
Limit of Insurance shown in Section B.
of the Declarations.
f. We will pay up to the Limit of Insur-
ance shown in Section B. of the Dec-
larations for "loss" to Lawns, Trees,
Shrubs and Plants if the "loss" is caus-
ed by fire, lightning, explosion, air-
craft, civil disturbance or riot. The
most we will pay for anyone lawn,
tree, shrub or plant including removal,
is 5500.
C. We will pay up to the Limit of Insur-
ance shown in Section B. of the Dec-
larations for "loss" from a Covered
Cause to Scaffolding, Construction
Forms, Falsework, and Temporary
Fences while they are located at a
construction jobsite described in the
Declarations. This insurance applies as
excess of any other insurance that
would apply for your benefit.
The coinsurance prOVISion of your policy
does not apply to these Additional Cov-
erages.
5. Coverage Extensions
a. Debris Removal
This property will be valued at the
lesser of:
(1) its actual cash value; or
We will pay your actual and necessary
expense to remove debris of Covered
Property caused by or resulting from a
Covered Cause of Loss.
(2) the amount for which you are le-
gally liable, if the property is not
owned by you.
The most we will pay for "loss" under
this Coverage Extension is the per-
centage shown on the Declarations
which is the sum of the amount we
pay for direct physical "loss" to Cov-
ered Property plus the applicable de-
ductible amount.
d. We will pay up to the Limit of Insur-
ance shown in Section B. of the Dec-
larations for your actual, necessary
Expense to Remove Covered Property
from a location covered by this insur-
ance, if removal is necessary to avoid
imminent "loss" from a Covered Cause.
We will insure such Covered Property
at the location to which it has been
removed for safekeeping, for a period
up to 30 days. Also, we will insure
such Covered Property while in transit
If the sum of debris removal expense,
deductible amount and our payment
for direct physical "loss" exceeds the
applicable Limit of Insurance, we will
pay up to the limit shown in the Dec-
larations for additional debris removal
expense.
CM 78 41 (Ed. 07/99) XS
(Page 2 of 11)
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0381283
\~~
This Covera'ge Extension doesn't apply
to the cost to:
(1) extract "pollutants" from land or
water; or
(2) remove, restore or replace pol-
luted land or water.
b. Pollutant Clean Up and Removal
We will pay your necessary expense
to extract "pollutants" from land or
water at a jobsite if the release, dis-
charge or dispersal of the "pollutants"
results from a Covered Cause of Loss
to Covered Property that occurs dur-
ing' the policy period. Your expenses
will be paid only if they are reported
to us within 180 days of the earlier of:
(1) the date of the "loss"; or
(2) the end of the policy period.
The most we will pay under this Cov-
erage Extension is the limit shown in
the Declarations for the sum of all
such expenses for each separate poli-
cy period up to 1 2 months.
The limit of Pollutant Clean Up and Re-
moval is separate from the Limits of
Insurance stated elsewhere in the poli-
cy.
c. Loss Data Preparation
We will pay up to the limit shown in
the Declarations for your actual cost
of preparing a statement of loss or
any other exhibits required in connec-
tion with any claim under this Cov-
erage Form.
B. EXCLUSIONS
1. . We will not pay for a "loss" caused di- '
rectly or indirectly by any of the follow-
ing. Such "loss" is excluded regardless of
any other cause or event that contributes
concurrently or in any sequence to the
"loss."
a. Governmental Action.
Seizure or destruction of property by
order of governmental authority. .
CM 78 41 (Ed. 07/99) XS
(Page 3 of 11)
ORIGINAL COpy
But we will pay for acts of destruction
ordered by governmental authority and
taken at the time of a fire to prevent
its spread if the fire would be covered
under this Coverage Form.
. ,
b. NLiblear Hazard
(1) Any weapon employing atomic
fission or fusion; or
(2) nuclear reaction or radiation, or
radioactive contamination from
any other cause. But we will pay
for direct "loss" caused by re-
sulting fire if the fire would be
covered under this Coverage
Form.
C. War and Military Action
(1) War, including undeclared or civil
war;
(2) warlike action by a military force,
including action in hindering or
defending against an actual or ex-
pected attack, by any govern-
ment, sovereign or authority using
military personnel or other
agents; or
(3) insurrection, rebellion, revolution,
usurped power or action taken by
governmental authority in hinder-
ing or defending against any of
these.
d. Earth Movement
(1) Any earth movement (other than
"sinkhole collapse") such as earth-
quake, landslide, mine subsidence
or earth sinking, rising, shifting,
expanding, contracting or any
other earth movement. But if loss
or damage by fire, theft, or ex-
plosion results, we will pay for
that resulting "loss."
(2) Volcanic eruption, explosion or
effusion. But if "loss" by fire or
volcanic action results, we will
pay for that resulting "loss."
C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00
0381283
ORIGINAL COPY
Volcanic action means direct
"loss" resulting from the eruption
of a volcano when the "loss" is
caused by:
. "
But if "loss" by fire, explosion, theft or
sprinkler leakage results, we will pay
for that resulting "loss."
(a) airborne volcanic blast or
airborne shock waves;
f. Building Ordinance
(b) ash, dust or particulate mat-
ter; or
The enforcement of any ordinance or
law:
(c) lava flow.
(1) regulating the construction, use
or repair of any property; or
All volcanic eruptions that occur
within any 168 hour period will
constitute a single occurrence.
(2) requiring the tearing down of any
property, includ~ng the cost of
removing its debris.
Volcanic action does not include
the cost to remove ash, dust or
particulate matter that does not
cause direct physical "loss" to the
described property.
2. We will. not pay for a "loss" caused by or
resulting from any of the. following:
a. Delay, loss' of use, loss of market or
any other consequential loss.
e. Water
b. Dishonest acts by:
(1) flood, surface water, waves,
tides, tidal waves, overflow of
any body of water, or their spray,
all whether driven by wind or not.
(1) you, your partners, officers or
trustees, employees or your or
their authorized representatives;
(2) mudslide or mudflow;
(2) anyone else with an interest in the
property, or their employees or
authorized representatives;
(3) water that backs up from a sewer
or drain; or
(4) water under the ground surface
pressing on, or flowing or seep-
ing through:
(3) anyone else (other than a carrier
for hire) to whom you entrust the
property.
(a) foundations, walls, floors or
paved surfaces;
This exclusion applies whether or not
such persons are acting alone or in
collusion with other persons, or such
acts occur during the hours of em-
ployment.
(b) basements, whether paved
or not; or
(c) doors, windows or other
openings.
c. Rain, sleet, snow, hail, ice or dust to
property in the open. This exclusion
does not apply to property in the cus-
tody of a carrier for hire, nor "loss"
due to collapse of a structure caused
by weight of rain, sleet, snow, hail. ice
or dust.
(5) water damage as a result of
freezing, unless:
(a) you have shut off the water
supply and drained the
plumbing systems; or
d. Unexplained loss, mysterious disap-
pearances or shortage disclosed upon
taking inventory. This exclusion does
not apply to a carrier for hire or a
public warehouseman.
(b) made a reasonable effort to
maintain heat in an enclosed
building.
eM 78 41 (Ed. 07/99) XS
(Page 4 of 11)
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0381283
- ,.
" ,-.
3. We will not pay 'for a "loss" caused by or
resulting from any of the following. But if
"loss" by a Covered Cause of Loss results,
we will pay for that resulting "loss."
a. Collapse or weather conditions. But
this exclusion only applies if weather
conditions or collapse contribute in
any way with a cause or event ex-
cluded in paragraph 1. above to pro-
duce the "loss."
b. 'Acts or decisions, including the failure
to act or decide, of any person, group,
organization or governmental body.
c. Faulty, inadequate or defective:
(1) planning, zoning, development,
surveying, siting;
(2) design, specifications, workman-
ship, repair, construction, renova-
tion, remodeling, grading, com-
paction;
. (3) materials used in repair, con-
struction, renovation or remodel-
ing; or
(4) maintenance.
d. Gradual deterioration, hidden or latent
defects, any quality in the property
that causes it to damage or destroy
. itself, wear and tear, depreciation,
corrosion, rust, mold, rot, dampness
or dryness, cold or heat. insects, ro-
dents, birds or other animals. .
e. Settling, cracking, shrinking, bulging or
expansion of the earth, .foundations,
footings or structures.
4. We _will not pay for "loss" caused by or .
resulting from:
a. Artificially generated electric current
that creates a short circuit or other
. 'electric disturbance within electrical
devices, appliances or wires. But we
will pay for direct "loss" caused by
resulting fire if the fire would be cov-
ered under this Coverage Form.
b. Mechanical breakdown of machinery
including rupture or bursting caused by
, centrifugal force.
CM 78 41 (Ed. 07/99) XS
ORIGINAL COPY
';
But if as a result of (a) or (b) above there
is "loss" to other Covered Property by a
Covered Cause of Loss, we will pay for
that resulting "loss."
5. We will not pay for:
a. Penalties for noncompletion or non-
compliance with contract conditions.
b. Any "loss" covered under any guar-
antee, warranty or other expressed or
implied obligation of any contractor,
manufacturer or supplier. This exclu-
sion applies whether or not such con-
tractor, 'manufacturer' or supplier is a
Named Insured.
C. LIMITS OF INSURANCE
The most we will pay for "loss" due to Cov-
ered Causes of Loss is the applicable Limit of
Insurance shown in the Declarations, The Lim-
its of Insurance applicable to Additional Cov-
erages and Optional Coverages are in addition
to the Limits of Insurance, unless stated oth-
erwise_
D. DEDUCTIBLE
We will pay the amount of the adjusted "loss"
in excess of the Deductible amount shown in
the Declarations, up to the applicable Limit of
Insurance.
E. ADDITIONAL CONDITIONS
The following conditions apply in addition to
the Commercial Inland Marine Conditions and
Common Policy Conditions.
1. Coinsurance
Covered Property, (except property at
temporary storage locations or in transit!.
must be insured for its total "completed
value" at the time of loss or you will incur
a penalty. The penalty is that we will pay
only the proportion of any "loss" that the
applicable Limit of Insurance shown in the
Declarations bears to the total "completed
value" of Covered Property.
(Page 5 of 1 1)
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0381283
ORIGINAL COpy
General Condition E. Valuation in the Com-
mercial Inland Marine Conditions is re-
placed by the following:
':'
. ~
(j) fault', defect, ~rror or omis-
sion in such design, speci-
fications, or. plans;
2. Valuation
We will adjust a "loss" to buildings or
structures on the basis of replacement
cost, at the time of loss, including the
contractor's reasonable overhead and
profit.
(ij) performance of, or failure
to perform, supervisory or
management functions relat-
ed to the construction pro-
ject(s).
a. Building or Structure
b. Other Covered Property
(2) Any contractor, manufacturer or
supplier of Covered Property that
has agreed to make good any loss
or damage under a guarantee or
warranty:..
(1) owned property at the actual cash
value, including labor and delivery
charges;
If any act or agreement of yours im-
pairs our right to recover for "loss" as
described above, we will not cover the
"loss."
We will adjust "loss" to:
(2) property of others at the cost to
repair or replace but not more
than the amount for which you
are legally liable.
b. We will not cover any "loss" which you
settle or compromise without our
written consent.
4. Cancellation
Property will be valued as of the time the
"loss" occurs.
The following is added to Common Poli-
cy Conditions, paragraph 5: If the first
Named Insured cancels this policy, we will
retain at least the Minimum Premium
amount shown in the Declarations.
The most we will pay is:
(1) the amount necessary to repair the
Covered Property; or
5. Where Coverage Applies
(2) the amount necessary to replace the
Covered Property with materials of
the same kind or quality; or
Coverage applies while Covered Property
IS:
a. at the construction jobsite premises
described in the Declarations; or
(3) the applicable Limit of Insurance;
b. in transit by truck or railroad,
whichever is less.
a. Before a "loss" you may waive your
rights of recovery against any individ-
ual, corporation or other entity except:
all while within the United States (excluding
transit to and from Alaska; to and from
Hawaii), the District of Columbia, or
Canada.
3. Duty to Preserve Rights of Recovery
6. When Coverage Begins and Ends
(1) any architect, engineer, or other
party or entity responsible for
any design, specifications, or
plans for the fabrication, erection
or completion of the property in-
sured with respect to any loss or
damage that may be caused by:
We cover from the time the Covered
Property is at your risk starting on or
after the date this policy begins.
This coverage will end on each structure
when any of the following occurs:
a. the purchaser accepts it;
CM 78 41 (Ed. 07/99) XS
(Page 6 of 11)
c
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0381283
~
i'
b. your' interest in the Covered Property
ceases; or you abandon the construc-
tion;
c. 90 days after the structure is "sub-
stantially completed" (if no work on
the structure has taken place during
that period);
d. when a structure is occupied or put to
its intended Lise, without our written
consent;
e. any other insurance covers the prop-
erty as a completed building or struc-
ture;
f. this Coverage Form is cancelled; or
g. the end of the policy period.
F. OPTIONAL COVERAGES
Coverage under this section is provided only
if a Limit of Insurance for the coverage se-
lected appears in the Declarations. The cov-
erage limits selected apply per location, and
are in addition to the Limit of Insurance, ex-
cept for Equipment Breakdown where cov-
erage is included in the Section A. Limit of
Insurance. If there is no separate deductible
indicated, the policy deductible will apply to
these optional coverages.
1. Equipment Breakdown
a. Coverage
(1) We will pay for "loss" caused by
or resulting from Accident to
"Covered Equipment". As used in
this Coverage Form, an Accident
means direct physical "loss" as
follows:
(a) mechanical breakdown ,of
machinery including' rupture-
or bursting caused bycen-
trifugal force;
(b) artificially generated electric
current that creates a short
circuit or other' electric dis-
turbance within electrical
devices, appliances or wires;
or
CM 78 41 (Ed. 07/99) XS
. . '
(Page 7 of 11)
ORIGINAL COPY
(c) explosion of steam boilers,
steam piping, steam engines
or steam turbines.
If an initial Accident causes other Ac-
cidents, all will be considered one Ac-
cioEmt. All Accidents that are the result
of the same event will be considered
one Accident.
(2) The following additional cover-
ages also apply to "loss" caused
by or resulting from an Accident:
(at Expediting Expenses
With respect to your
damaged Covered Property,
we will pay up to $25,000
for your reasonable extra
expenses to:
(j) make temporary re-
pairs; and
(j j) expedite permanent re-
pairs or replacement.
(b) Hazardous Substances
We will pay for the addi-
tional costs, up to $5,000, to
repair or replace Covered
Property because of con-
tamination by a hazardous
substance. This includes the
additional expenses to clean
up or dispose of such prop-
erty.
Hazardous Substances means
-any .substance other than
ammonia that has been de-
clared to be hazardous to
health by a government
agency. Additional Costs
mean those beyond that
which would have been re-
quired'. had no hazardous
substance been involved.
(3) As respects this Optional Cov-
erage, 'Section B. EXCLUSIONS is
amended as follows:
(a) Paragraph 4. is deleted in its
entirety_
C * I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00
0381283
ORIGINAL COPY
(j) the breakdown of any
structure, foundation,
cabinet, compartment
or air-supported struc-
ture or building;
.r
tions, or' to the address where
the equipment is located. Once
suspended in this way, your in-
surance can be reinstated only by
written notice from us. If we
suspend your insurance, you will
get a pro rata refund of premium.
But the suspension will be effec-
tive even if we have not yet made
or offered a refund.
~
(b) The following exclusion is
added:
We will not pay under this
Coverage Form for "loss"
caused by or resulting from
any of the following:
(ij) the breakdown of any
insulating or refractory
material;
(5) As respects this Optional Cov-
erage, the following definitions
are added to Section G. DEFINI-
TIONS:
(i i j) the breakdown of any
sewer piping; any un-
derground vessels or
piping; any piping for-
ming a part of a sprin-
kler system; or any wa-
ter piping other than
boiler feed water pip-
ing, boiler condensate
return piping or water
piping forming a part of
a refrigerating or air
conditioning system; or
"Covered Equipment" means Cov-
ered property including fired or
unfired pressure vessels built to
operate under vacuum or pres-
sure, other than weight of con-
tents, or used for the generation,
transmission or utilization of en-
ergy. However, "Covered Equip-
ment" does not include "Produc-
tion Machinery".
(iv) the explosion of gases
or fuel within the fur-
nace of any fired vessel
or within the flues or
passages through which
the gases of combus-
tion pass.
"Production Machinery" means any
machine or apparatus, including
any cylinder containing a movable
plunger or piston, that processes
or produces a product intended
for eventual sale.
2. Plans and Records
(4) As respects this Optional Cov-
erage, the following condition is
added to Section E. ADDITIONAL
CONDITIONS:
We will pay up to the Limit of Insurance
shown in Section C. of the Declarations to
reproduce, replace or restore valuable
papers or records (such as blueprints,
plans, drawings, or data processing media)
located at any construction premises cov-
ered by this Optional Coverage.
Suspension
The Coinsurance Additional Condition of
your policy does not apply to valuable pa-
pers and records.
When any "Covered Equipment" is
found to be in, or exposed to a
dangerous condition, any of our
representatives may immediately
suspend the insurance against
loss from an Accident to that
equipment. We can do this by
mailing or delivering a written no-
tice of suspension to your ad-
dress as shown in the Declara-
3. Fire Protection Equipment
We will pay your:
a. "loss" to your fire protection equip-
ment from a Covered Cause of Loss;
and
CM 78 41 (Ed. 07/99) XS
(Page 8 of 11)
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0381283
" i
b. actual 'exJ:5ense to recharge such
equipment which was discharged while
fighting a fire at, or while in transit to,
a construction jobsite described in the
Declarations.
ORIGINAL COPY
6. Flood Coverage
a. Coverage
The most we will pay for this Optional
Coverage is the Limit of Insurance shown
in Section C. of the Declarations for the
sum of the "loss" and expense coverage
provided.
Coverage added by this Optional Cov-
erage applies only to locations which
are. not within the flood plain as deter-
mined by the Federal Emergency Man-
agement Agency and identified in Sec-
tion C. of the Declarations_
(1) Covered Causes of Loss include:
The Coinsurance Additional Condition of
your policy does not apply to fire protec-
tion equipment
(j) Flood meaning a general and
temporary condition of par-
tial or complete inundation
of normally dry land area
from inland or tidal waters.
4. Inflation Protection
We will pay up to the Limit of Insurance
shown in Section C. of the Declarations
for your actual increased cost of labor
and/ or substantially identical materials to
repair or replace Covered Property lost or
damaged by a Covered Cause of Loss.
(jj) Tsunami meaning a large
wave caused by earthquake
or volcanic eruption.
(i i j) Release of water impounded
by a dam.
We will pay this additional amount only:
(2) Limit of Insurance
a. if the jobsite limit is insufficient at the
time of loss, but was in. compliance
with the Coinsurance condition when
coverage began; and
The most we will pay for water
damage from a Covered Cause of
Loss in anyone "loss" is the Limit
of Insurance or sublimit shown in
Section C. of the Declarations.
b. to the extent that the increase in cost
is the direct result of inflation of your
costs and not changes in the job.
(3) Deductible
This coverage does not apply to, and we
will not pay to rebuild, any structure that
existed before the construction job in-
sured by this policy began, even if cov-
erage for "loss" to such structure' is pro-
vided by endorsement to the Coverage
Form.
As respects your claim for "loss"
to Covered Property caused by
perils listed in subparagraph (1)
above, we will pay the amount of
the adjusted "loss" in excess of
the applicable deductible up to
the applicable Limit of Insurance.
5. Extra Expense
7. Earthquake Coverage
a. Coverage
We will pay up to the Limit of Insurance
shown in Section C. of the Declarations
for your actual, necessary, additional ex-
pense to continue normal construction
operations at a construction jobsite de-
scribed in the Declarations, which is in-
curred as a direct result of a "loss" to
Covered Property from a Covered Cause
of Loss, at such jobsite.
Coverage added by this Optional Cov-
erage includes:
1. Earthquake; and
2. Volcanic Eruption, meaning the
eruption, explosion, or effusion
of a volcano.
CM 78 41 (Ed. 07/99) XS
(Page 9 of 11)
C * I 1 * 1 1 / 1 9 /02 * IMP 1 7548 1 2 - 00
0381283
All Earthquake shocks or Volcanic
Eruptions that occur within any
168 hour period will constitute a
single Earthquake or Volcanic
Eruption. The expiration of this
policy will not reduce the 168
hour period.
b. Limit of Insurance
The limit of insurance is shown in
Section C. of the Declarations Page
and is the most we will pay for loss
caused by an Earthquake or Volcanic
Eruption.
c. Deductible
1. As respects your claim for "loss"
to Covered Property caused by
Earthquake or Volcanic Eruption,
we will pay the amount of the
adjusted "loss" in excess of the
applicable deductible up to the
applicable Limit of Insurance.
2. Time Element Waiting Period - if
your policy covers time element
losses (such as loss of income,
rental value or extra expense), we
will pay for only the portion of
the covered loss which exceeds
the applicable waiting period.
d. Exclusions
1. In addition to Section B. Exclu-
sions, we will not pay for "loss"
caused directly or indirectly by
any of the following. Such "loss"
is excluded regardless of any
other cause or event that contri-
butes concurrently or in any se-
quence to the loss.
(a) Fire, explosion (other than
volcanic explosion), tidal
wave, tsunami, flood, sur-
face water, water which
backs up through sewers or
drains, water below the sur-
face of the ground (including
ORIGINAL COPY
r
t
that. which' flows, leaks or
seeps on or into Covered
Property), mudslide or mud-
flow, release of water im-
pounded by a dam, even if
attributable to an Earthquake
or Volcanic Eruption.
(b) Any Earthquake or Volcanic
Eruption that begins before
the inception of this insur-
ance.
(c) Earth movement other than
Earthquake, such as landslide
or earth sinking, rising or
shifting. But if loss or dam-
age by another Covered
Cause of Loss results, we
will pay for that resulting
loss.
(d) The cost to remove volcanic
ash, dust or particulate mat-
ter that does not cause di-
rect physical loss to Cov-
ered Property_
(e) The failure of power or oth-
er utility service supplied to
a covered location, however
caused, if the failure occurs
away from the covered lo-
cations.
G. DEFINITIONS
"Completed Value" means the total value of all
Covered Property (including buildings, fences,
foundations, underground pipes, drains, paving
and pilings that are a permanent part of the
covered job) when the job will have been
finished at the end of the construction period.
The "Completed Value" includes labor, cost of
materials and the contractors reasonable
overhead and profit.
"Completed Value" does not include:
1. the cost of land; nor
2. the cost of developing land to make it
suitable for building (e_g., clearing, filling,
grading).
"Loss" means accidental loss or damage.
CM 78 41 (Ed. 07/99) XS
(Page 10 of 1 1)
C * 11*11/19/02*IMP1754812-00
0381283
-.,
"Pollut1nt" m~ans an,! solid, liquid, gaseous or
thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materials
to be recycled, reconditioned or reclaimed.
"Sinkhole Collapse" means the sudden sinking
or collapse of the land into underground
empty space(s) created by action of water on
limestone or similar rock formations.
It does not include:
CM 78 41 (Ed. 07/99) XS
ORIGINAL COpy
a. the value of land;
b. the cost of filling sinkhole(s);
c. indirect or consequential loss, the loss of
use arising from sinkhole collapse;
'.
d. sinking of the land into man-made struc-
tures.
"Substantially Completed" means construction
pro ject structure(s) is usable for its intended
purpose.
(Page 1 1 of 1 1)
C
*
I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00
0381283
ORIGINAL COpy
J LGREAT .~MER'-C~N INSURANCE COMPANIES
Subsidi3ries of ~mE\risan,_Financial Corporation
580 WALNUT STREET, CINCINNATI, OHIO 45202
CM 78 79
(Ed. 10 92)
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
T his a p p lie S to coverage for I n I and Mar i neB U I L 0 E R ' S RISK PLUS
Name:
AUGUSTA, GEORGI.A, APOLITICAL
SUBDIVISION OF THE STATE OF GA
Address: 530 GREENE ST
AUGUSTA
GA 309 1 1
Attention:
Applies to any Covered Property in which the above Additional Insured
has an interest.
ADDITIONAL INSURED
For Covered Property in which both you and an Additional Insured
shown a b 0 v e h a v e ani n sur a b lei n t ere s t, we wi I I :
1. adjust- losses with you; and
2. pay any claim for loss or damage jointly to you and the Additional
Ins u red, as i Ii t ere s t ma yap pea r .
Other Terms Remain The Same
CM 78 79 (E d. 1 0 / 92) PRO
(Page 1 of 1)
c
* I 1 * 1 1 / 1 9 /02 * I MP 1 7548 1 2 - 00
0381283
ORIGINAL COPY
Jl t
GREAT AMERICAN INSURANCE COMPANIES
Subsidiaries of American Financial Corporation
580 WALNUT STREET, CINCINNATI, OHIO 45202
r _ :
.CM ,8~ 02 fEd . 11 85)
BUSINESSPRO GENERAL ENDORSEMENT
NONRENEWAL NOTICE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DUE TO THE UNIQUE RISK INSURED AND LIMITED TERM OF THE COVERAGE
PROV I DED UNDER TH I S POL ICY, I TIS AGREED THAT TH I S POL ICY EXP I RES ON
THE DATE SPECIFIED. A NONRENEWAL NOTICE WILL NOT BE SENT TO YOU.
ANY REQUESTS TO EXTEND THE POLICY PERIOD MUST BE MADE IN WRITING
PRIOR TO THE EXPIRATION DATE, HOWEVER, THE COMPANY HAS NO OBLIGATION
TO EXTEND THE POLICY PERIOD,
OTHER TERMS REMAIN THE SAME.
BUSINESSPRO (Reg. U.S. Pat: Off.)
f"~~ 0 0 " ') I c ..l 1 1 J 0 c: \ DO f"\ I 0 _ ~ _ ,1 ~ ~ 1 \
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ST. PAOL FIRE & MARINE INSORANCE COMPANY
St. Paul, Minnesota
ST. PAOL MERCORY INSORANCE COMPANY
St. Paul, Minnesota
ST. PAOL GOARDIAN INSORANCIE COMPANY
St. Paul, Minnesota
A Capital Stock Company
PERFORMANCE BOND
Bond No.
400SW3853
AlA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACI'OR (Name and Address):
R. D. Brown Contractors, Inc.
Post Office Box 6535, N. Augusta, SC
OWNER (Name and Address):
SURETY (Name and Principal Place of Business):
St. Paul Fire & Marine Insurance Co.
385 Washington Street, St. Paul, MN
Augusta, Georgia, a political subdivision of the State of Georgia
530 Greene Street, Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
October 24, 2002
$1,411,886.00
Fire Station #1
Broad Street, Augusta, Georgia
BOND
Date (Not earlier than Construction Contract Date):
Amount: $1,411,886.00
Modifications to this Bond:
,....... ..... .
-;,/;;.\_>_v~_, "u .
~'::r..;.t' _.p.""~..,.-..
LC0NT&\CfOR AS PRINCIPAL
~~~.~, . .
::C9mpany: - ~ (Corp
i0.~:.. 9~ _-~r~wn, 9?ntrac,_ t , nc
~. ..~ .; .,j.~. ..
Slgriatlrre:,. ,,- - - '" ..
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Nariie;~rl.d Titie:.R;'D. Brown, President
November 1, 2002
,0 None
o See Page 3
Signature:
Name and Title:
,~
SURETY
Company:
St. Paul
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY-Nome, Address and Telephone)
AGENT or BROKER:
Roy Scarborough & Associates, Inc.
Post Office Box 10106
Augusta, GA 30903-2706
706-722-8338
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party): Virgo Gambill Architects
2531 Center West Parkway, Suite 200
Augusta, Georgia 30909
AlA I)()CUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND. APPROVED BY
AlA DECEMBER 1984
A312 1
7661 Ed. 8.87 Printed In U.S.A.
/'" ;~
~
1he~ul
ST. PAUL FIRE & MARINE INSURANCE COMPANY
St. Paul, Minnesota
ST. PAUL MERCURY INSURANCE COMPANY
St. Paul, Minnesota
ST. PAUL GUARDIAN INSURA"CE COMPANY
St. Paul, Minnesota
A Capital Stock Company
~AYMENT BOND
AlA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
Bond No. 400SW18 S 1
CONTRACTOR (Name and Address):
R. D. Brown Contractors, Inc.
Post Office Box 6535, N. Augusta, SC
OWNER (Name and Address):
SURETY (Name and Principal Place of Business):
St. Paul Fire & Marine Insurance Company
385 Washington Street, St. Paul, MN
Augusta, Georgia, a political subdivision of the State of Georgia
530 Greene Street, Augusta, GA 30911
CONSTRUcrlON CONTRAcr
Date: Oc tober 24, 2002
Amount: $1,411 , 886 .00
Description (Name and Location): Fire Station #1
Broad Street, Augusta, Georgia
BOND
Date (Not earlier than Construction Contract Date): November 1, 2002
Amount: $1,411 , 886.00 '. '.
Modifications tq-this Bond: p None
.... '.... .~
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;....:.~ :,....-~~ --- /
"..:...~'.:o .......... T _ .
CON:r.RACTOR AS PRINCIPAL
..... - ,... ''''
Company: ___
R~'--:D. '-Brown Con trac tor
'~,..r.. ~ . _ _.
Signature::-:.". , ' ~
Nameaid.Titie: 'R.p-. Brown Contractors, Inc.
OSee Page 6
SURETY
Company:
St. Paul
,,/
(Any additionaJ signatures appear on page 6)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER:
Roy Scarborough & Associates, Inc.
Post Office Box 10106
Augusta, GA 30903-2706
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party): Virgo Gambill Architects
2531 Center West Parkway, Suite 200
Augusta, Georgia 30909
706-722-8338
AlA DOCUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND. APPROVED BY
AlA DECEMBER 1984
A312 4
7661 Ed. 8-87 Printed In U.S.A.
..
-,
The St Pdul
POWER OF ATTORNEY
Seaboard Surety Cumpany
SI. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
SI. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelit)' and Guaranty Insurance Company
Fidelit)' and Guaranty Insurance Underwriters, Inc.
Power of Attorney No.
21010
Certificate No.
948920
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized undcr the laws of the State of Ncw York, and that
SI. Paul Firc and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul 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 organizcd 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 collectively called the "Companies"), and that the Companies do
hcreby make, constitute and appoint
Roy Scarborough, Jr., Eugene A. Cronic and Alicia 1. Rhoades
Augusta
Georgia
of thc City of , Statc , thcir true and lawful AlIorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surcty to, and to exccute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instrumcnts in the naturc thereof on behalf of the Companies in their busincss of guarantccing the fidelity of persons, guaranteeing the
perfonnance of contracts and exccuting or guarantccing bonds and undertakings rq:jLtirc(i or rennitted in any actions or procecdings allowed by law.
~ """Y ~.Y~' ~~
IN WITNESS WHEREOF. the Companies havc caused this instrumenn~'igned~~>sealcd~;<isP 1st day of December . 1999
~~~' J~~r\\~~ ,. ~\) --
Seaboard Surety Company '\\ G ~\\: \S \}. "" ~Un'ited States Fidelity and Guaranty Company
SI. Paul Fire and Marine In~ran'~.Compan\ ~<\~~) Fidelit)' and GuaranI)' Insurance Company
SI. Paul Guardian InsuranCiJj}.C~pany~~),r ~" ~ ~ \> ~ Fidelity and Guaranly Insurance Underwriters, Inc.
".,"IM,re",YI"'"'~~~:~l~~F OL. ~ ~
~'e~~ (r
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State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE. Assistant Secretary
On this 1st day of December 1999 . before me, the undersigned officer. personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowlcdgcd themselves to bc the Vice President and Assistant Sccretary, respectivcly, of Seaboard Surcty Company, SI. Paul Fire and
Marinc Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such. being authorized so to do, executed thc forcgoing instrument for tbe purposes therein contained by signing the names of thc
corporations by themselves as duly authorized officers.
My Commission expircs thc 13th day of July, 2002.
~t~.~
In Witness Whereof, I hereunto set my hand and official seal.
REBECCA EASLEY-ONOKALA. Notary Public
"
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86203 Rev. 7-2000 Printed in U.S.A.
:.
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This Power of Attorn~y is grant~d und~r and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, SI. Paul
Fire and I\'larinc 1nsurancc Company. SI. Paul Guardian Insurance Company. SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company.
Fidelity and Guaranty Insurancc Company, and Fidelity and Guaranty Insurance Und~rwriters, Ine. on September 2. 1995. which resolutions are now in full force and
effect. reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings. contracts and other instruments relating
to said business may be sign~d. executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman. or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such oftlcers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the s~al of th~ Company may be aftlxed by facsimile to any Power of Attorney or to any ~ertificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and subject to any limitations set forth therein, any
such Power of Attorney or ccrtificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company. and any such power so exe-
cuted and cel1ilied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which
it is validly attached: and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any ~ase, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Faet shall be as binding upon the Company as if signed by an
Executive Officer and scaled and attested to by the Secretary of the Company.
I. Thomas E. Huibregtse. Assistant Secretary of Seaboard Surety Company. 51. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company,
51. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance
Underwriters. Ine. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executcd by said Companies, which is in full force
and effect and has not been revokcd.
IN TESTIMONY WHEREOF, I hereunto set my hand this ~t,_ day of
NovpmhPr
, 2007
~;~~\
~~.~~.;~!
~erl~
Thomas E. Huibrcglse. A:\~islant Secretary
Please reJer to the Power oj A.ttomey 11lI11lber,