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Home My WebLink About2007-08-27-Meeting Agendawww.augustaga.gov PublicServiceCommitteeMeeting CommitteeRoom -8/27/2007 -12:30PM PUBLICSERVICES 1.Accept bid in the amount of $124,145.00 for Airfiel d LightingandSignageatDanielFieldAirport. Attachments 2.Accept bid in the amount of $129,270 for Security FencingatDanielFieldAirport. Attachments 3.ApproveChangeOrderNo.1totheBeam'sContractin g, Inc.contractatAugustaRegionalAirport. Attachments 4.Approve the not-to-exceed amount of $350,000 for the purchaseofnewfurniturefortheNewTerminalProj ectat AugustaRegionalAirport. Attachments 5.ApproveexpenditureofSPLOSTfundsforDesign-Build contractwithGoldMechInc.,torehabilitateandm odify existingHVACandfireprotectionsystemsattheAu gusta MuseumofHistory. Attachments 6.Approverequesttoaccepttheassistanceawardfrom the Department of Homeland Security -Transportation SecurityAdministration. Attachments PublicServiceCommitteeMeeting 8/27/200712:30PM AirfieldLightingandSignageProject Department:DanielFieldAirport caption2:Acceptbidintheamountof$124,145.00forAirfiel d LightingandSignageatDanielFieldAirport. Background:DanielFieldhasreceivedFAAGrantsforairport improvementprojectstoincludeAirfieldLightinga nd Signage. Analysis:TheprojecttoreplacelightingandsignageonRunw ay05/23 hasbeenbid.LowbidwassubmittedbyTCAElectric ialin theamountof$124,145. FinancialImpact:FAAGrantswillpay95%oftheproject.Theremaind erwill comefromstateDOTgrantsandairportreservefund s. Alternatives:Denyrequest. Recommendation:AcceptlowbidsubmittedbyTCAElectrical. Fundsare Availableinthe Following Accounts: 552-08-1201-5412110 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 1 Cover Memo Item # 1 W. K. DICKSON & CO., INC. ENGINEERS TABULATION OF BIDS August 1,2007 Augusta-Daniel Field Augusta, Georgia Airfield Lighting and Signage CONTRACTORS BASE BID TOTAL PROJECT TOTAL TCA Electrical $124,145.00 $124,145.00 Walker & WhitesideJnc. $1 36,355.00 $1 36,355.00 Precision Approach $1 59,311 .OO $1 59,311 .OO On the basis of our review of the bids, it is recommended that the contract for this project be awarded to TCA Electrical with a low Bid of $124,145.00. W. K. DICKSON 8 CO., INC. Jay Guarino Item # 1 Bid #07-I 53 Airfield Security & Lighting Improvements for Augusta Daniel Field Airport Bid Opening : Monday, July 30,2007 @ 11 :00 a.m. Additive Bid Schedule B $ 62,466.00 Bid ~dd. 1 Schedule A - Electrical Vendors: Bond Base Bid Walker & Whiteside, Inc. 10 Ramseur Court Greenville, SC 29607 Yes yes $ 136,355.00 TCA Electrical 2209 Leslie Locke Rd. Tifton, GA 31794 Yes Yes $ 124,145.00 Precision Approach 172 Sammons Parkway Eatonton, GA 31024 Yes Yes $ 159,311 .OO ASAP. Chattahoochee Valley Installations Yes 2459 Hiiton court, Suite A Cashiers Gainesvllle, GA 30501 Chedk Yes Aubrey Sllvey Enterprises, Inc. Non-Compliant Vendor did not 917 Alabama Ave. S acknowledge receipt of Bremen, GA 30110 Yes No addendum Progresshe Fencing 796 Blll Rutledge Rd. Winder, GA 30680 Boyd Fencing 1942 Atomlc ~d. Beachlland SC 29842 No Seal Yes Schedule B - Fencing Base Bid I $ 66,804.00 Non-Compliant Faxed copy of bid bond with no signatures or seal Item # 1 PublicServiceCommitteeMeeting 8/27/200712:30PM AirfieldPerimeterFencingProject Department:DanielField caption2:Acceptbidintheamountof$129,270forSecurityF encingat DanielFieldAirport. Background:DanielFieldhasrecievedFAAGrantsforairport improvementprojectstoincludesecurityfencing. Analysis:Theprojecttoreplacesecurityfencinghasbeenbi d.Lowbid wassubmittedbyChattahoocheeValleyintheamount of $129,270. FinancialImpact:FAAGrantswillpay95%oftheproject.Theremaind erwill comefromstateDOTgrantsandairportreservefund s. Alternatives:Denyrequest. Recommendation:AcceptlowbidsubmittedbyChattahoocheeValley. Fundsare Availableinthe Following Accounts: 552-08-1201-5412110 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 2 W. K. DICKSON & CO., INC. ENGINEERS TABULATION OF BIDS August 1,2007 Augusta-Daniel Field Augusta, Georgia Airfield Lighting and Signage CONTRACTORS BASE BID TOTAL PROJECT TOTAL TCA Electrical $124,145.00 $124,145.00 Walker & WhitesideJnc. $1 36,355.00 $1 36,355.00 Precision Approach $1 59,311 .OO $1 59,311 .OO On the basis of our review of the bids, it is recommended that the contract for this project be awarded to TCA Electrical with a low Bid of $124,145.00. W. K. DICKSON 8 CO., INC. Jay Guarino Item # 2 Bid #07-I 53 Airfield Security & Lighting Improvements for Augusta Daniel Field Airport Bid Opening : Monday, July 30,2007 @ 11 :00 a.m. Additive Bid Schedule B $ 62,466.00 Bid ~dd. 1 Schedule A - Electrical Vendors: Bond Base Bid Walker & Whiteside, Inc. 10 Ramseur Court Greenville, SC 29607 Yes yes $ 136,355.00 TCA Electrical 2209 Leslie Locke Rd. Tifton, GA 31794 Yes Yes $ 124,145.00 Precision Approach 172 Sammons Parkway Eatonton, GA 31024 Yes Yes $ 159,311 .OO ASAP. Chattahoochee Valley Installations Yes 2459 Hiiton court, Suite A Cashiers Gainesvllle, GA 30501 Chedk Yes Aubrey Sllvey Enterprises, Inc. Non-Compliant Vendor did not 917 Alabama Ave. S acknowledge receipt of Bremen, GA 30110 Yes No addendum Progresshe Fencing 796 Blll Rutledge Rd. Winder, GA 30680 Boyd Fencing 1942 Atomlc ~d. Beachlland SC 29842 No Seal Yes Schedule B - Fencing Base Bid I $ 66,804.00 Non-Compliant Faxed copy of bid bond with no signatures or seal Item # 2 Attachment number 1 Page 3 of 4 Item # 2 Bid #07-153 Airfield Security & Lighting Improvements for Augusta Daniel Field Airport Bid Opening : Monday, July 30,2007 @ 11:OO a.m. Additive Bid Schedule 6 $ 62,466.00 Schedule B - Fencing Base Bid L $ 66,804.00 Non-Compliant Faxed copy of bid bond with no signatures or seal Schedule A - Electrical Base Bid $ 136,355.00 $ 124,145.00 $ 159,311 .OO Non-Compliant Vendor did not acknowledge receipt of addendum Vendors: Walker 8 Whiteside, Inc. 10 Ramseur Court Greenville, SC 29607 TCA Electrlcal 2209 Lesile Locke Rd. Tifton, GA 31794 Precision Approach 172 Sammons Parkway Eatonton, GA 31024 ASAP. Chattahoochee Valley Installations 2459 Hilton court, Suite A Gainesville, GA 30501 Aubrey Sihrey Enterprises, Inc. 917 Alabama Ave. S Bremen, GA 30110 Progressive Fencing 796 Bill Rutledge Rd. Winder, GA 30680 Boyd Fenclng 1942 Atomic Rd. Beachlland SC 29842 Bid Bond Yes Yes Yes Yes Cashiers Chedk Yes No Seal ~dd, 1 yes Yes Yes Yes No Yes Item # 2 PublicServiceCommitteeMeeting 8/27/200712:30PM Beam'sContracting,Inc.ChangeOrderNo.1 Department:AugustaRegionalAirport caption2:ApproveChangeOrderNo.1totheBeam'sContractin g,Inc. contractatAugustaRegionalAirport. Background:Thischangeorderreflectstheadjustmentofmateri al quantitiesneededtocompletetheRunway17/35Safe ty OverrunImprovementsProject. Analysis:TheselectionofBeam'sContracting,Inc.fortheR unway 17/35SafetyImprovementsProjectwasapprovedbyt he AugustaCommissionattheirMarch20,2007meeting. FinancialImpact:$8,038.91 Alternatives:Denyrequest. Recommendation:Acceptrequest. Fundsare Availableinthe Following Accounts: 551081301541111 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 3 DISTRIBUTION: Owner FAA Atlanta ADO Contractor LPA - Columbia CHANGE ORDER No. One (1) PROJECT: Augusta Regional Airport Augusta, Georgia OWNER: Augusta Aviation Commission (Name, 1501 Aviation Way Address) Augusta, Georgia 30906 DATE OF ISSUANCE: July 5,2007 CONTRACTOR: Beam's Contracting, Inc. OWNER'S Project No. 2335 Atomic Road Beech Island, SC 29842 ENGINEER: THE LPA GROUP INCORPORATED P.O. Box 5805 CONTRACT FOR: F.A.A. A.I.P. Project No. 3-1 3-001 1-26 Columbia, SC 29250 Runway 17-35 Safety Overrun Improvements Project ENGINEER'S Project No. CC209026.4e You are directed to make the following changes in the Contract Documents. Description: See Attachment 'A' Purpose of Change Order: See Attachment 'A' Attachments: (List documents supporting change) Attachment 'A', Summary of Final Quantities CHANGE IN CONTRACT PRICE: Original Contract price Previous Change Orders No. 0 to No. 0 CHANGE IN CONTRACT TIME: Original Contract Time 55 Calendar Days days or date Net change from previous Change Orders 55 Calendar Days Contract Price prior to this Change Order days Contract Time Prior to this Change Order $ 8,038.91 I 0 Calendar Days Net lncrease (-1 of this Change Order Net lncrease (decrease) of this Change Order APPROVED: by Contract Price with all approved Change Orders Eneineer days Contract Time with all approved Change Orders DATE: ?A/* Owner DATE: DATE: 7/@/07 Attachment number 1 Page 1 of 3 Item # 3 ATTACHMENT "A" CHANGE ORDER NO. 1 Augusta Regional Airport F.A.A. A.I.P. Project No. 3-13-001 1-26 Runway 17-35 Safety Overrun Improvements Project The purpose of this change order is to adjust all quantities to reflect the as-built final quantities as paid in the final pay request and as shown on the attached Summary of Final Quantities SUMMARY OF CONSTRUC'I'ION COSTS Original Contract Amount Change Order No. 1 Final Quantity Adjustment Amount FINAL AS-BUILT CONTRACT AMOUNT TOTAL INCREASE DLlE TO CHANGE ORDER NO. 1 $8,038.91 Attachment number 1 Page 2 of 3 Item # 3 . . 4% OWNER AUGUSTA-RICHMOND COUNTY AND AGUSTA AVIATION COMMISSION 1501 AVIATION WAY AUGUSTA. GEORGIA 30906 FINAL QUANTITIES ITEM I ITEM DESCRIPTION I CONTRACT AND DESCRIPTION I CONTRACTOR AND ADDRESS RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT Mobilization Supplementary Insurance Provisions Barricades Asphalt Pavement Removal Storm Drain Pipe (1 5" - 18") Removal Remove Existing MALSR Equipment Unclassified Excavation Unclassified Excavation - WASTE Crushed Aggregate Base Course 24" Class Ill RCP Type Ill Rip Rap Temporary Silt Fence Temporary Erosion Control Matting Grassing and Mulching Onsite Topsoil BEAM'S CONTRACTING, INC. 2335 ATOMIC ROAD BEECH ISLAND. SC 29842 UNlT AUGUSTA REGIONAL AIRPORT THE COUNTY OF AUGUSTA-RICHMOND FAA AIP 3-13-001 1-26-2003 L.S. L.S. L.S. S.Y. L.F. L.S. C.Y. C.Y. C.Y. L.F. TON L.F. S.Y. ACRE C.Y. ESTIMATED QUANTITY UNIT PRICE FINAL FINAL % QUANTITY AMOUNT I COMP I ORIGINAL CONTRACT AMOUNT $355,996.75 QUANTITY OVERRUN $8,038.99 Attachment number 1 Page 3 of 3 Item # 3 PublicServiceCommitteeMeeting 8/27/200712:30PM FurniturePurchaseforNewTerminal Department:AugustaRegionalAirport caption2:Approvethenot-to-exceedamountof$350,000forth e purchaseofnewfurniturefortheNewTerminalProj ectat AugustaRegionalAirport. Background:Thecurrentfurnitureintheterminalhasbeeninp lacefor severalyearsandhasbeguntoshowseriouswearan dtear. Thefurniturethatcanberefurbishedisbeingdone whilethe majoritymustbereplaced. Analysis:TheAugustaAviationCommission,attheirJuly26,2007 meeting,establishedanot-to-exceedamountof$350 ,000for thepurchsaseoffurniture(publicspacesandoffic espaces) forthenewterminal. FinancialImpact:Not-to-exceed$350,000. Alternatives:Denyrequest. Recommendation:Approverequest. Fundsare Availableinthe Following Accounts: 5510813015413130 REVIEWEDANDAPPROVEDBY : Finance. Administrator. Cover Memo Item # 4 ClerkofCommission Cover Memo Item # 4 PublicServiceCommitteeMeeting 8/27/200712:30PM MotiontoApproveContractwithGoldMechforHVAC RenovationstotheAugustaMuseumof History Department:Administration caption2:ApproveexpenditureofSPLOSTfundsforDesign-Buil d contractwithGoldMechInc.,torehabilitateandm odify existingHVACandfireprotectionsystemsattheAu gusta MuseumofHistory. Background:TheAugustaMuseumofHistorycontinuestobeplag uedby aninadequateHVACsystemthatrecentlysufferedas erious mechanicalproblem,leavingtheMuseum’scollection in jeopardy.Anewchillerhasbeeninstalledtopreve ntalossof museumairconditioning,butotherremainingworkh asyet tobedone.WiththehelpofHeery,RFP07-187sp ecified correctivemeasures,identifyingthescopeofwork and performancerequirementsofthenewsystems,witht hegoal ofprocuringDesign/Buildproposals.GoldMech’sresponse toRFP07-187hasbeenreviewed,clarifiedandnego tiatedto apointthatbothCIPMandGoldMecharesatisfied withthe provisions.Workincludespumpsandaccessoriesass ociated withanew90-tonair-cooledchiller,newcontrols,valves, dampers,humidifiers,fireprotectionsystemsando ther associatedwork Analysis:Effectiveenvironmentalcontroliscrucialformuse ums,in ordertoprotecttheirvaluableartifactsfrommois tureand thermodynamicdegradation.Absentthisremedialwor k,the Museumwillcontinuetosufferfromextremelypoor temperatureandhumiditycontrol,whichwillaggrav ate growingproblemswithdeterioratedartifacts.Itwi llalsolack adequatefireprotectionintheAnnex.Negotiations , includingincreaseddefinitionofthescopeofneed edwork, havebeenongoingwithGoldMechoverthelast10w eeks. Costshavebeentrimmedbyover$200,000duringtha ttime. Cover Memo Item # 5 FinancialImpact:TheGuaranteedMaximumPrice(Not-to-Exceedcost)o fthe projectis$799,750.63,whichfallswithinthebudg eted amount. Alternatives:1.Re-advertiseRFP2.Donothing. Recommendation:ApprovecontractwithGoldMechInc.forDesign-Bui ld servicestorenovatetheAugustaMuseumofHistory’s HVACsystems.Alternativenumber1isnotlikelyto result inasignificantlybetteroutcomeandwilllikelyd elayremedy oftheMuseum’sproblemsforatleastanother5or 6months. Alternativenumber2islikelytoleadtoevenmore serious mold,mildewandthermodynamicdamagetotheMuseum anditsartifacts. Fundsare Availableinthe Following Accounts: FundsarevaialbleinSPLOSTaccounts:GL–324-06-4310; JL–206054002 REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 5 Agreement 1 Guaranteed Maximum Price Agreement Between Owner and Design-Builder This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the day of September in the year of 2007, by and between the following parties, for services in connection with the Project identified below: OWNER: Augusta Georgia, a political subdivision of the State of Georgia, acting by and though the Richmond County Commission (Hereinafter referred to as: OWNER) DESIGN-BUILDER: Gold Mech, Inc. 1559 Broad Street Augusta, GA 30904 PROJECT: HVAC and Fire Protection Renovations to the Augusta Museum of History RFP Number 07-087 In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein. Attachment number 1 Page 1 of 15 Item # 5 Agreement 2 Article 1 Scope of Work 1.1 Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following: .1 All written modifications, amendments (including, as applicable, the GMP Exhibit referenced in Section 6.5.1.1 hereof or the GMP Proposal accepted by Owner in accordance with Section 6.5.2 hereof) and change orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder (1998 Edition) (“General Conditions of Contract”); .2 This Agreement, including the following exhibits and attachments: a. Exhibit A – Guaranteed Maximum Price (GMP) b. Exhibit B – Schedule c. Exhibit C – Contract Documents Project Manual, dated August 1, 2007 .3 Written Special Conditions, if any, to the General Conditions of Contract; .4 The General Conditions of Contract; .5 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract; .6 Owner’s Project Criteria, as defined by RFP 07-087 and its attachments and addenda thereto; and .7 The following other documents, if any: (List, for example, Unit Price Schedules, Design-Builder's allowances, Performance Standard Requirements, Owner’s Permit List and any other document Owner and Design-Builder elect to make a Contract Document) Article 3 Interpretation and Intent 3.1 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. Attachment number 1 Page 2 of 15 Item # 5 Agreement 3 3.3 The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data furnished by Design-Builder to Owner under this Agreement (“Work Product”) are deemed to be instruments of service and Design-Builder shall retain the ownership and property interests therein, including the copyrights thereto. 4.2 Owner’s Limited License Upon Payment in Full. Upon Owner’s payment in full for all Work performed under the Contract Documents, Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner’s occupancy of the Project, conditioned on Owner’s express understanding that its use of the Work Product is at Owner’s sole risk and without liability or legal exposure to Design-Builder or anyone working by or through Design-Builder, including Design Consultants of any tier (collectively the “Indemnified Parties”). 4.3 Owner’s Limited License Upon Owner’s Termination for Convenience or Design-Builder’s Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8 hereof, or if Design- Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design-Builder shall, upon Owner’s payment in full of the amounts due Design-Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, conditioned on the following: .1 Use of the Work Product is at Owner’s sole risk without liability or legal exposure to any Indemnified Party; and .2 Owner agrees to pay Design-Builder the additional sum of Dollars ($ ) as compensation for the right to use the Work Product in accordance with this Article 4 if Owner resumes the Project through its employees, agents, or third parties. 4.4 Owner’s Limited License Upon Design-Builder's Default. If this Agreement is terminated due to Design-Builder's default pursuant to Section 11.2 of the General Conditions of Contract and (i) it is determined that Design-Builder was in default and (ii) Owner has fully satisfied all of its obligations under the Contract Documents, Design-Builder shall grant Owner a limited license to use the Work Product in connection with 4.5 Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product under any of the circumstances identified in this Article 4, Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ fees, arising out of or resulting from the use of the Work Product. Attachment number 1 Page 3 of 15 Item # 5 Agreement 4 Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Design-Builder’s receipt of Owner’s Notice to Proceed (“Date of Commencement”) unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be achieved no later than 210 calendar days following Notice to Proceed. (“Scheduled Substantial Completion Date”). 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved as follows: (Insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion) 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved on or before ____________ 5.2.4 All of the dates set forth in this Article 5 (“Contract Time(s)”) shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Consequential Damages. Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer and incur actual and consequential damages due to any delay in achieving Substantial Completion. Design-Builder agrees that it will be responsible for and shall pay Owner all damages, costs, judgments, losses, expenses, claims, occupancy charges, rents, losses of use, and penalties, whether special or consequential, of whatsoever nature, that are incurred by Owner and occasioned by any delay in achieving Substantial Completion. 5.5 Early Completion Bonus. If Substantial Completion is attained on or before ( ) days before the Scheduled Substantial Completion Date (the “Bonus Date”), Owner shall pay Design- Builder at the time of Final Payment under Section 7.3 hereof an early completion bonus of Dollars ($ ) for each day that Substantial Completion is attained earlier than the Bonus Date. (If a GMP is not established upon execution of this Agreement, the parties should consider setting the early completion bonus after GMP negotiations. If an early completion bonus is applicable to any dates set forth in Section 5.2.2 hereof, this Section 5.5 will need to be modified accordingly.) Article 6 Contract Price 6.1 Contract Price 6.1.1 Owner shall pay Design-Builder in accordance with Article 6 of the General Conditions of Contract a contract price (“Contract Price”) equal to Design-Builder’s Fee (as defined in Section 6.2 hereof) plus the Cost of the Work (as defined in Section 6.3 hereof), subject to any GMP established in Section 6.5 hereof and any adjustments made in accordance with the General Conditions of Contract. 6.1.2 For the specific Work set forth below, Owner agrees to pay Design-Builder, as part of the Contract Price, on the following basis: (This is an optional section intended to provide the parties with flexibility to identify and price limited preliminary services, such as a lump sum or cost-plus arrangement for preliminary design, programming, or services necessary to enable Design-Builder to furnish Owner with a GMP before execution of this Agreement.) Attachment number 1 Page 4 of 15 Item # 5 Agreement 5 6.2 Design-Builder’s Fixed Fee and Fixed General Conditions Price 6.2.1 Design-Builder’s Fee, inclusive of General Conditions, shall be: ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000.00) 6.2.2 Design-Builder’s Fee will be adjusted as follows for any changes in the Work: (Insert financial arrangements for adjustments) 6.3 Cost of the Work. The term Cost of the Work shall mean costs reasonably incurred by Design-Builder in the proper performance of the Work. The Cost of the Work shall include only the following: .1 Wages of direct employees of Design-Builder other than office and field management and supervision performing the Work at the Site or, with Owner’s agreement, at locations off the Site, provided, however, that the costs for those employees of Design-Builder performing design services shall be included within the fixed General Conditions costs and not otherwise charged to Owner. .2 Wages or salaries of Design-Builder's personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the production or transportation of material and equipment necessary for the Work. .3 Wages or salaries of Design-Builder's personnel stationed at Design-Builder’s principal or branch offices and performing the following functions. The reimbursable costs of personnel stationed at Design-Builder’s principal or branch offices shall include a percent ( %) markup to compensate Design-Builder for the Project-related overhead associated with such personnel. (Insert the names, job description or job title of personnel .4 Costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design-Builder, to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Sections 6.3.1 through 6.3.3 hereof. .5 The reasonable portion of the cost of travel, accommodations and meals for Design-Builder’s personnel necessarily and directly incurred in connection with the performance of the Work; in accordance with established Augusta Richmond County per diem rates. .6 Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. .7 Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work was beyond the reasonable control of Design-Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design-Builder or those working by or through Design-Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Subcontractors or Design Consultants, Design-Builder shall exercise best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. .8 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. Attachment number 1 Page 5 of 15 Item # 5 Agreement 6 .9 Costs less salvage value of materials, supplies, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design-Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. .10 Costs of removal of debris and waste from the Site, if generated in conjunction with the Work. .11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. .12 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work. .13 Premiums for insurance and bonds required by this Agreement or the performance of the Work. .14 All fuel and utility costs incurred in the performance of the Work, excluding utilities for temporary facilities. .15 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. .16 Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design- Builder’s performance of the Work, provided such costs do not arise from disputes between Owner and Design-Builder. .17 Costs for permits, royalties, licenses, tests and inspections incurred by Design-Builder as a requirement of the Contract Documents. .18 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design- Builder resulting from such suits or claims, and paying settlements made with Owner's consent. .19 Deposits which are lost, except to the extent caused by Design-Builder’s negligence. .20 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. .21 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 6.4 Non-Reimbursable Costs The following shall be excluded from the Cost of the Work: .1 Compensation for Design-Builder's personnel stationed at Design-Builder’s principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 hereof. .2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work. Attachment number 1 Page 6 of 15 Item # 5 Agreement 7 .3 The cost of Design-Builder’s capital used in the performance of the Work. .4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 6.5 The Guaranteed Maximum Price 6.5.1 GMP Established Upon Execution of this Agreement 6.5.1.1 Design-Builder guarantees that it shall not exceed the GMP of SEVEN HUNDRED NINETY-NINE THOUSAND SEVEN HUNDRED AND FIFTY AND SIXTY-THREE HUNDREDTHS DOLLARS ($799,750.63). Design-Builder does not guarantee any specific line item provided as part of the GMP, but agrees that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an exhibit to this Agreement (“GMP Exhibit”). 6.5.1.2 The GMP includes a Contingency in the amount of FORTY-NINE THOUSAND NINE HUNDRED TWENTY-FIVE DOLLARS ($ 49,925.00) which is available for Design-Builder’s exclusive use for costs that are incurred in performing the Work that are not included in a specific line items. or the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs include trade buy-out differentials, overtime, acceleration, costs in correcting defective, damaged or nonconforming Work, design errors or omissions and Subcontractor defaults. The Contingency is not available to Owner for any reason, including changes in scope or any other item which would enable Design-Builder to increase the GMP under the Contract Documents. Design-Builder shall provide Owner with notice of all anticipated charges against the Contingency. 6.5.2 GMP Established after Execution of this Agreement 6.5.2.1 GMP Proposal. If requested by Owner, Design-Builder shall submit a GMP Proposal to Owner which shall include the following, unless the parties mutually agree otherwise: .1 A proposed GMP, which shall be the sum of: i. Design-Builder's Fee as defined in Section 6.2.1 hereof; ii. the estimated Cost of the Work as defined in Section 6.3 hereof, inclusive of any Design- Builder's Contingency as defined in Section 6.5.1.2 hereof; and iii. if applicable, any prices established under Section 6.1.2 hereof. .2 A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; .3 A list of the assumptions and clarifications made by Design-Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; .4 The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established under Section 5.2 hereof, and a schedule upon which the Scheduled Substantial Completion Date is based; .5 If applicable, a list of allowances and a statement of their basis; .6 If applicable, a schedule of alternate prices; Attachment number 1 Page 7 of 15 Item # 5 Agreement 8 .7 If applicable, a schedule of unit prices; .8 If applicable, a statement of Additional Services; and .9 The time limit for acceptance of the GMP Proposal. 6.5.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design-Builder and Owner shall meet to discuss and review the GMP Proposal. If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design-Builder of such comments or findings. If appropriate, Design-Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. 6.5.2.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may be amended by Design- Builder, the GMP and its basis shall be set forth in an amendment to this Agreement. 6.5.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design- Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: .1 Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 6.5.2.3 above; .2 Owner may authorize Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 6.1 hereof without a GMP, in which case all references in this Agreement to the GMP shall not be applicable; or .3 Owner may terminate this Agreement for convenience in accordance with Article 8 hereof; provided, however, in this event, Design-Builder shall not be entitled to the payment provided for in Section 8.2 hereof. If Owner fails to exercise any of the above options, Design-Builder shall have the right to (i) continue with the Work as if Owner had elected to proceed in accordance with Item .2 above, and be paid by Owner accordingly, unless and until Owner notifies it in writing to stop the Work, or (ii) suspend performance of Work in accordance with Section 11.3.1 of the General Conditions of Contract, provided, however, that in such event Design-Builder shall not be entitled to the payment provided for in Section 8.2 hereof. 6.5.3 Savings 6.5.3.1 If the sum of the actual Cost of the Work and Design-Builder’s Fee (and, if applicable, any prices established under Section 6.1.2 hereof) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference (“Savings”) shall be shared as follows: (Choose one of the following:) twenty percent ( 20%) to Design-Builder and eighty (80%) percent to Owner. The first Dollars ($ ) of Savings shall be provided to (choose either Design-Builder or Owner) , with the balance of Savings, if any, shared percent ( %) to Design-Builder and percent ( %) to Owner. Attachment number 1 Page 8 of 15 Item # 5 Agreement 9 6.5.3.2 Savings shall be substantiated through supporting documentation and calculated and paid as part of Final Payment under Section 7.3 hereof, with the understanding that to the extent Design-Builder incurs approved costs after Final Completion which would have been payable to Design-Builder as a Cost of the Work, Design-Builder shall be entitled to payment from Owner for that portion of such costs that were distributed to Owner as Savings. Article 7 Procedure for Payment 7.1 Progress Payments 7.1.1 Design-Builder shall submit to Owner on the first (1st) day of each month, beginning with the first month after the Date of Commencement, Design-Builder’s Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.1.2 Owner shall make payment within ten (10) thirty (30) days after Owner’s receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.1.3 If Design-Builder’s Fee under Section 6.2.1 hereof is a fixed amount, the amount of Design-Builder’s Fee to be included in Design-Builder’s monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design-Builder’s Fee. 7.2 Retainage on Progress Payments 7.2.1 Owner will retain ten percent (10%) of each Application for Payment provided, however, that when fifty percent (50%) of the Work has been completed by Design-Builder, Owner will not retain any additional amounts from Design-Builder’s subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.3.1 Documentation of Costs 7.3.1 Cost of Work, as defined by Section 6.3, shall be substantiated through supporting documentation, such as the Schedule of Values, and attached to Design-Builder’s Applications for Payment. Article 8 Termination for Convenience 8.1 Upon ten (10) days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: .1 All Work executed and for proven loss, cost or expense in connection with the Work; .2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and .3 (Choose one of the following:) The fair and reasonable sums for overhead and profit on the sum of items .1 and .2 above. or Attachment number 1 Page 9 of 15 Item # 5 Agreement 10 Overhead and profit in the amount of seven percent (7%) on the sum of items .1 and .2 above. 8.2 In addition to the amounts set forth in Section 8.1 above, Design-Builder shall be entitled to receive one of the following as applicable: .1 If Owner terminates this Agreement prior to commencement of construction, Design-Builder shall be paid percent ( %) of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. .2 If Owner terminates this Agreement after commencement of construction, Design-Builder shall be paid percent ( %) of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. 8.3 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 4.3 hereof. (The following Article 9 should only be used if the Owner and Design-Builder agree to establish their respective representatives at the time the Agreement is executed rather than during the performance of the Project.) Article 9 Representatives of the Parties 9.1 Owner’s Representatives 9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner’s Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers) Mr. Fred Russell, Administrator Augusta Richmond County 530 Greene Street, RM. 801 Augusta, GA 30911 706-821-2400 9.1.2 Owner designates the individual listed below as its Owner’s Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers) Heery International, Inc. Mr. Robert T. Munger, AIA, CCM 501 Greene Street, Suite 313 Augusta, GA 30901 706-842-5543 9.2 Design-Builder’s Representatives 9.2.1 Design-Builder designates the individual listed below as its Senior Representative ("Design-Builder’s Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers) 9.2.2 Design-Builder designates the individual listed below as its Design-Builder’s Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers) Attachment number 1 Page 10 of 15 Item # 5 Agreement 11 Article 10 Bonds and Insurance 10.1 Insurance. Design-Builder shall procure in accordance with Article 5 of the General Conditions of Contract the following insurance coverage’s: (Attach Insurance Schedule indicating the required coverage, amount of required coverage, duration of coverage, required rating of insurance carriers and any other insurance requirements required of the parties) Design-Builder shall purchase and maintain all insurance as is required and specified in the General Conditions, in Appendix B to the Agreement (Insurance/Bonding Requirements), and in any other Contract Documents. In the event of any conflict between any insurance requirements of the Contract Documents, Design-Builder shall provide the more comprehensive and complete coverage and higher limits of liability. All insurance must list Owner as additional insured, and Design-Builder must provide certificates of all coverage and endorsements showing the Owner as additional insured prior to commencement of Work and as a condition precedent to any payment otherwise due to Design-Builder. Insurance Descriptions Minimum Required Coverage a. Workman’s Compensation Statutory b. Commercial General Liability $1,000,000 per occurrence - Bodily Injury: Each Person $100,000 - Bodily Injury: Each Accident $200,000 - Property Damage: Each Accident $100,000 c. Automobile Liability & Property Damage $1,000,000 Combined Limit - Bodily Injury: Each Person $100,000 - Bodily Injury: Each Accident $200,000 - Property Damage: Each Accident $100,000 d. Professional Liability a. (Design Consultant) $1,000,000 per Loss/Claim e. Builder’s Risk 10.1.1 Evidence of such insurance shall be furnished to the Owner, and the Owner shall receive thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage of any of the policies. Upon notice of such cancellation, non-renewal or reduction, the Design-Builder shall procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the period of this Agreement. 10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance bond and labor and material payment bond or other performance security: (Indicate the amount of bonds and any other conditions of the bonds or other security) Design-Builder shall furnish a Performance Bond and a Labor and Material Payment Bond each in the penal amount of at least the Fixed Contract Price. The bonds must meet all applicable statutory requirements, be provided substantially in the forms included in the Contract Documents, and must be issued by a Surety that is reasonably acceptable to Owner and licensed in the State of Georgia. Design-Builder shall provide the bonds to Owner prior to commencement of Work and as a condition precedent to any payment that otherwise due to Design-Builder. Attachment number 1 Page 11 of 15 Item # 5 Agreement 12 Article 11 Dispute Resolution 11.1 Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of Richmond County, Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Article 12 Successors and Assigns 12.1 This Agreement shall inure to the benefit of and be binding on the heirs, successors, assigns, trustees and personal representatives of the Owner, as well as the permitted assigns and trustees of the Design Builder. 12.2 The Design Builder shall not assign, sublet or transfer its interest in this Agreement without the written consent of the other, except that the Environmental Consultant may assign accounts receivable to a commercial bank or financial institution for securing loans, without prior approval of the Owner. Article 13 Other Provisions 13.1 Other provisions, if any, are as follows: (Insert any additional provisions) In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. OWNER: DESIGN-BUILDER: Augusta, Georgia, a political Gold Mech, Inc. Subdivision of the State of Georgia Acting by and through the Augusta Richmond County Commission By:_______________________________ By:__________________________________ (Signature) (Signature) Deke S. Copenhaver Mayor (Title) Date: Date: Attest:__________________________ Attest:________________________ Attachment number 1 Page 12 of 15 Item # 5 Exhibit A 1 EXHIBIT A GUARANTEED MAXIMUM PRICE (GMP) TASK NO. ABBREVIATED DESCRIPTION COST OF WORK (w/ contingency) TOTAL COST Including Fees 07-087-1 Complete remaining work associated with installation of Owner-provided replacement chiller, as described by Project Manual Section 01010. $31,486.00 $39,357.50 07-087-2 Replace or modify leaking boiler vent caps on East end of roof, seal and insulate louver openings in main museum hall, as described by Project Manual Section 01010. $26,531.79 $33,164.74 07-087-3 Add humidifiers for winter humidity control, new water piping, mechanical room hose bibs and associated electrical systems, as described by Project Manual Section 01010. $170,770.40 $213,463.00 07-087- 4a Replace existing HVAC electronic controls with new direct digital control (DDC) system, as described by Project Manual Section 01010. $150,399.25 $187,999.06 07-087- 4b Integrate existing Johnson Control “Metasys” DDC controls system in Annex Building, as described by Project Manual Section 01010. $7744.00 $9680.00 07-087-5 Replace existing AHU Coil isolation valves and flow balance stations, as described by Project Manual Section 01010. $23,243.28 $29,054.10 07-087-6 Full test and balance on air and water distribution systems, as described by Project Manual Section 01010. $38,139.20 $47,674.00 07-087-7 Replace mold contaminated duct insulation in AHU-3 Mechanical Room as described by Project Manual Section 01010. $31,475.20 $39,344.00 07-087-8 Commission new DDC controls and equipment to verify specified operation as described by Project Manual Section 01010. $15,121.32 $18,972.80 07-087-9 Add supplemental heat to offices as described by Project Manual Section 01010. $4,734.68 $5,909.55 07-087-10 Relocate return and outside air duct to allow access to AHU- 5 for filter replacement and coil cleaning as described by Project Manual Section 01010. $21,749.79 $27,187.24 07-087- 11 Install fire sprinklers in Museum’s Annex Building as described by Project Manual Section 01010. $118,355.71 $147,944.64 Total Cost of Work Including Contingency: $639,750.63 n/a Fixed Fee and General Conditions Cost $160,000.00 n/a Total Guaranteed Maximum Price: $799,750.63 $799,750.63 Attachment number 1 Page 13 of 15 Item # 5 Page H-1 of 1 EXHIBIT B SCHEDULE Design-Build NTP: September 5, 2007 Submit 50% Design Documents October 1, 2007 Complete 50% Design Document Review October 15, 2007 Submit 100% Design Documents November 14, 2007 Complete 100% Design Review November 28, 2007 Substantial Completion: March 19, 2008 Complete Commissioning and Closeout: April 18, 2008 Note: Actual Notice to Proceed date may vary. All subsequent dates will adjust accordingly, relative to the actual Notice To Proceed date. Attachment number 1 Page 14 of 15 Item # 5 3 EXHIBIT C CONSTRUCTION DOCUMENTS PROJECT MANUAL The Contract Documents Project Manual associated with RFP #07-087, entitled “HVAC Renovations and New Fire Protection Service for the Augusta Museum of History,” prepared by Heery International and last dated August 1, 2007, is attached by reference. Attachment number 1 Page 15 of 15 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 Item # 5 PublicServiceCommitteeMeeting 8/27/200712:30PM TSAReimbursableAgreement Department:ClerkofCommission caption2:Approverequesttoaccepttheassistanceawardfrom the DepartmentofHomelandSecurity-TransportationSe curity Administration. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 6 Attachment number 1 Page 1 of 14 Item # 6 Attachment number 1 Page 2 of 14 Item # 6 Attachment number 1 Page 3 of 14 Item # 6 Attachment number 1 Page 4 of 14 Item # 6 Attachment number 1 Page 5 of 14 Item # 6 Attachment number 1 Page 6 of 14 Item # 6 Attachment number 1 Page 7 of 14 Item # 6 Attachment number 1 Page 8 of 14 Item # 6 Attachment number 1 Page 9 of 14 Item # 6 Attachment number 1 Page 10 of 14 Item # 6 Attachment number 1 Page 11 of 14 Item # 6 Attachment number 1 Page 12 of 14 Item # 6 Attachment number 1 Page 13 of 14 Item # 6 Attachment number 1 Page 14 of 14 Item # 6