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HomeMy WebLinkAboutS D CLIFTON REGIOJNAL AREA CONCESSION AREAra► = - Document Al01 - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year 2010 (In ivor its, indicate dcty. month and year.) BETWEEN the Owner: (Name, legal stants, address and other information) City of Augusta, for the Augusta Aviation Commission This document has important legal consequences. Consultation with 530 Greene Street an attorney is encouraged with Augusta, Georgia 30901 respect to its completion or modification_ AIA Document A201 T m -2047, General Conditions of the Contract for Construction, is adopted in this document by and the Contractor: reference. Do not use with other (Name, legal status, address and other information) general conditions unless this S.U. Clifton Construction Inc. document is modified. 4324 Wheeler Road Martinez, Georgia 30907 for the following Project: (Name, location and detailed description) Augusta Regional Airport Concession Area 1501 Aviation Way Augusta, Georgia 30906 The Architect: (Name, legal statics, address and other information) Campbell & Paris Engineers, P.0 -A Virginia Professional Corp 4215 Lafayette Center Drive Suite 2 Chantilly, VA 20151. The Owner and Contractor agree as follows. Inft PMA Dommm t A10f - — 21107. C.oW9lt C 1915, 191$,1925, 1937, 1951, 1968, 1961, 1983, 1967,1974,1977, 1987, 1991, 1997 and 2007 by The Amenran Ike of Architects. AN rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and lntemational Trestles. Unautt orimd reproduction or 1 distribution of this Ale Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the nw)dmum extent possible t under the law, This document was created on 041071201015 :0020 under the terms of AIA Documents- on- DemandT" order no. 2005167640 , and is not for resale- This document is licensed by the American Institute of Architects for one -tom use only, and may not be reproduced prior to its complefim. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS & DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 -' MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement aTid — Mad1 t iss ued - after- cxeccnirn all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement orfepeated incorporated 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 ° __" odifieatieo, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of'commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The date of commencement will be set in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. AIA Document A101 *" —2w?. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991,1997 and 2007 by The Anmican Instituted Init. Arch. AN rights rid. WARNING: This Ate Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A1013ocument, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 2 / under the law. This document was created on 04/07/2010 15:00:20 under the terms of AIA Documents- on- DemandTM order no. 2005167640 , and is not for resale. This document is licensed by the American Institute of Architects fw one -time use only, and may not be reproduced prior to its completion. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One hundred and forty -one ( 141 ) days from the date of commencement, or as follows: (Insert number of ealendar drays. Alternafiveltir, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements far earlier Substantial Completion of certain portions of the Work,) Portion of the Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any for liquidated damages relating to failure to achieve Substantial Completion on time or_for boners pavments,for early completion of the Work.) Five hundred dollars per day of liquidated damages will be withheld from final payment for failure to achieve substantial completion in the time required in section 3.3 of this agreement. There is no bonus for early comple- tion. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Two hundred eight -seven thousand, and sixteen Dollars (S 287,016.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other ident4leation of accepted alternates_ If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule cif such other alternates showing the umount,for each and the date when that amount expires.) The scope of the contract includes the installation of the bood and associated systems shown in the contract documents as Bid Alternate # 1. § 4.3 Unit prices, if any: (ldentifv and state the unit price: state quantity limitations, if any. to which the unit price will be applicable.) Rem Units and Limitations Price per Unit ($0.00) (flit. NA Docunmtt A1(H TO —200?. Copyright O 1915, 191$, 1925. 1937,1951. 1958, 1961, 1983, 1967,1974,1977. 1987, 1991, 1997 and 2007 by The American k4ft4e of Md>scts. AN rights reserved. WARPNNG: This AW Document is protected by U.S. Copyright Law and International Treaties. Lkawthor aed reproduction or 3 distribution of this Ale DocumsM or any portion of tt may result in severe civil and criminal penalties, and wiN be prosecuted to the maximum extent possM t under the law. This document was created on 04/071201015:00:20 under the terms of AIA Documents- on- Demandlu order no. 2005167640 , and is not �� for resa w le. This document is licensed by the Amerx= Institute of ArdubN*. for one -time use onyx, and may not be reproduced prior to its co rplebon )/ .7 § 4.4 Allowances included in the Contract Sum, if any: (Ident4iv allowance and state exclusions, ons, if'any, f oin the allowance pride) M Price ($0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The terms of this contract supersede any and all provisions of the :Georgia Promt Pay Act. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the 20th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 20th 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 Sixty ( 60 ) days after the Architect receives the Application for Payment, (Federal, state or local laths may require payment l 4thin a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5,1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 T - 2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero Percent percent ( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. AU1Dopwrm tA101-- 20137.CopyrightO1915,1918,1925,1937,1961,1958,1961,1%3, 1967.1974, 1977, 1987, 1991, 1997 and 2007 by The American Irkof Init. Ate_ AN rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 4 distribution of this AIA' Document- or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was created on 04/07/201015:00:20 under the terms of AIA Documents-on-Demand'" order no. 2045167640 , and is rat for male. This document is lioansed by the Amerkw Institute of Architects far one -time use only, and may not be reproduced prior to its art P § 5.1,7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (:Section 9.8.5 of AIA Document A201 -2007 requires release of 'applicabte retainage upon Substantial Completion of Work with consent ref surety, if any.) .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 Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6. 1 and 5. 1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FiNAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if ether than the Architect.) 11111. AIA DOCUMOnt A10t "' — 2WI. CopY VW* X3191$, 1918, 1925, 1937,1951, 1958, 1961, 196;3,1967,1974, 1977,1987,1991, 1987 and 2007 by The American ins6b,Re of Ard*ects. AN rigtols Owed WARNING: This AIA Documerd is protected by U.S. Copyrigtt taw and International Treaties. Unauthafzed mproducbw or � distrib� Lion of this AIA `Documm, e or any portion of it. may resutt in severe eMi and crirninal penalties, and will be prosecuted to the maximum extent possible t under the law. TNS document was created on 041071201015:00:20 under the terms of AIA Documents- on- DemandTM order no. 2W5167640 , and is rot for resale. This document is licensed by the American Instit"of Architects for one -time use only, and may rut be reproduced poor to ft cprnpiO4orc § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) ❑ Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 ❑ Litigation in a court of competent jurisdiction ® Other: (Spec) Litigation in Augusta County Georgia ARTICLE 7 ' TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 8.3 The Owner's representative: (Name, address and other information) Gary W. Le Tellier, AAE Executive Director 1501 Aviation Way - Augusta, Georgia 30906 § 8.4 The Contractor's representative: (Name, address and other information) Stephen D. Clifton 4324 Wheeler Road Martinez, Georgia 30907 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. Init AIA DoaumWt A101 TM —207. Copyright ®1915, 1®18, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 1991, 1997 and 2007 by The Arrwican Irstidite of Architects. AN rights resented WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on 04/07/2010 15:00:20 under the terms of AIA Documents- on- Demandlm order no. 2005167640 , and is not for resale. This document is lioensed by the American Institute of Architects for on"me use only, and may not be reproduced prior to its completion. § 8.6 Ether provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below:. § 9.1.1 The Agreement is this executed AIA Document A 101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201- 2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Attachment Sec. 1 -10 -104 Augusta - Richmond contracts 4/07/2010 1 -3 and contract clauses. Attachment C Modifications to the A201 General Conditions 4/07/2010 1 § 9.1.4 The Specifications: (Either Ii,vt the Spec°fications here or refer to an exhibit attached to this Agreement.) See attached exhibit titled "Specifications and Drawings" dated 4/7/10. Section Title Date Pages Ifiit AAA Document A101 TM —2007. CoppW O 1915, 1918,1925.1937,1951,1958, 1961,1963.1967,1974, 1977,1957,1991,1997 and 20D7 by The American of Architects AN 09hts nNumved. WARNING: This AIA* Document is protected by U.S. CopyricgM law and International Treaties. Unauttwriaed reproduction or distribution of this AW Document or any portion of 0, may result in severe civil and criminal penal ties, and will be prosecuted to the maximum extent possible ` / un6ar tfw law. This document was created on 04X0712010 15.00.20 under the terms of AIA Documents-on- DemandT" order no. 2005167640 . and is not (` for resale. This document is kw sed by ttre American institute of Ardiitec s for one-time use only, and may not be reproduced pnor to its owvkkwL �� 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) See attached exhibit titled "Specifications and Drawings" dated 4/7/10. Number Title Date 9,1.6 The Addenda, if any: Number Date Rages Addendum No. -t March 8th 2010 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9- 9.1.7 Additional documents, if any, forming part of the Contract Documents: ,1 AIA Document E201 T•`"- ?007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, Listed below: (List here arty additional documents that are intended to fruit part gl'the Contract Documents. AM Document A201-2007 provides that bidding requirements .such as advertisement or invitation to hid, Instructions to Bidders, sample_ forms and the Contractor's hid are not part of the Contract Documents unless enumerated in this Agreement. They should he listed here only if intended to he part of the Contract act Documents.) All documents and requirements issued as Instructions to Bidders issued by the City of Augusta are part of the contract documents. MA Docwnw* A401 TN —2007. Gapy W Q 1915, 1918 ,192,5,1937,1951,19%.1961,1963, 1967.1974,1977, 1987, 1991,1997 and 2007 by The Americarh Irditute of InIL Architects. AN rights reserved WARNING: This AW Document is protected by U.S. Copyright law and International Treaties. Unautitaized reproduction or 8 distribution at Oft AIA Documero or" portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was created on 04/07/201015:00:20 under the terms of AIA Documents- on- DemandT" order no. 2005167640 . an d is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced Ito its completion. C/ ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I I of AIA Document A201-2007. (State bonding requirements, ij'am and limits of liabilio for insurance required in Article I I ofAIA Document A201-2(107.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement entered into as of the day and year first written above. OWNER: SPONSOR: AUGUSTA, 7 G ORGIA 4 B 7 David S. Cop - aver, Mayor Date David f ommis 4Att st: Z Lena#o&er, Clerk erk of Commission baii� SPONSOR: AUGUSTA AVIATION COMMISSION, AUGUSTA, GEORGIA 7—ff — Zej(o KarItNo L. Howard, Chairman Date LIA CO R ,5 (Printed name and title) Ittiit MADOWnOrt A101'm —21*7. CaWkjtlt* 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American institute Of ArdvWt& AN rights nNieneed. WARIANG: This Ale Document is protected by U.S. Copyright Law and Intearivrtional Treaties. Unauthorized reprodwbon or distribution of this Ale Document, or any portion of it may result in severe civil and criminal penalties, and wil be prosecuted to the maximum extent posside 9 under the law. This document was created on 04/07/2010 16:00:20 under the terms ofAIA Documents -on- Demand"' order no, 2005167640 and isnot for resole. This document is Werised by the American InstAute of Architects for onetime use only, and may not be reproduosd prior to ft compkition ) Y Augusta Regional Airport Concession Area Attachment A 4/07/2010 Specifications and Drawings: List of Drawings- Dated G1.1 COVER SHEET 1/21/09 D1.1 DEMOLITION PLAN 1/21/09 A1.1 PARTITION PLAN 1/21/09 A1.2 DIMENSION PLAN, ROOF PLAN & DETAILS 1/21/09 A1.3 EQUIPMENT PLAN & INTERIOR ELEVATIONS 1/21/09 A2.1 REFLECTED CEILING PLAN AND ACCESSIBILITY DIAGRAMS 1/21/09 A3.1 FINISH PLAN, SCHEDULE & SPECIFICATIONS 1/21/09 M0.1 MECHANICAL LEGEND AND GENERAL NOTES 1/21/10 M0.2 MECHANICAL SCHEDULES AND DETAILS 1/21/10 M2.1 MECHANICAL NEW WORK PLAN 1/21/10 E0.1 ELECTRICAL LEGEND, SCHEDULES AND DETAILS 1/21/10 E1.0 ELECTRICAL KITCHEN EQUIPMENT FLOOR PLAN 1/21/10 E2.0 ELECTRICAL PARTIAL FLOOR PLAN LIGHTING 1/21/10 E2.1 ELECTRICAL PARTIAL FLOOR PLAN POWER 1/21/10 E2.2 ELECTRICAL PARTIAL FLOOR PLAN SYSTEMS 1/21/10 E3.0 ELECTRICAL PANELBOARD SCHEDULES 1/21/10 P0.1 PLUMBING LEGEND AND NOTES 1/21/10 P0.2 PLUMBING SCHEDULE AND NOTES 1/21/10 P2.1 PLUMBING NEW WORK PLAN SANITARY AND VENT 1/21/10 P2.2 PLUMBING NEW WORK PLAN SUPPLY AND GAS 1/21/10 List of Specifications- 1/21/10 Division 00 -- Procurement and Contracting Requirements 00 0102 Project Information 00 0110 - Table of Contents Instructions to Bidders (AIA Document 701) Questions and Answers City of Augusta Guidelines and Procedures: Articles Article 1- General Provisions and Definitions Article 2 - Ethics in Public Procurement (For Reference) Article 3 - Office of the Purchasing Director (For Reference) Article 4 - Product Specifications Article 5 - Requirements for Bidding or Proposing on Augusta- Richmond County Contracts Article 6 - Procurement Source Selection Methods and Contract Awards Article 7 - Disadvantaged Business Enterprises (DBE) Program Article 8 - Suspension or Debarment of Bidder or Proposer Article 9 - Appeals and Remedies Article 10 - Types of Contracts Article 11- Cooperative Purchasing Article 12 - Contract Administration and Management Article 13 - Supplies and Fixed Assets Management Programs Local Vendor Preference Program - Ordinance No. 6890 Page 1 of 2 )Y- Division 01 -- General Requirements 011000 - Summary 012000 - Price and Payment Procedures 013000 - Administrative Requirements 014000 - Quality Requirements 015000 — Temporary Facilities and Security Requirements 016000 - Product Requirements 017000 - Execution and Closeout Requirements 017800 - Closeout Submittals Division 02 -- Existing Conditions 02 4100 — Demolition Division 03 -- Concrete 03 3000 — Cast -in -Place Division 05 -- Metals 05 1200 - Structural Steel Framing Division 06 -- Wood, Plastics, and Composites 06 2000 — Finish Carpentry 06 4100 - Architectural Wood Casework Division 07 -- Thermal and Moisture Protection 07 6200 — Sheet Metal Flashing and Trim Division 08 -- Openings 081113 - Hollow Metal Frames 081416 — Flush Wood Doors Division 09 -- Finishes 09 2116 - Gypsum Board Assemblies 09 3000 - Tiling 09 5100 - Acoustical Ceilings 09 9000 — Painting and Coatings 09 9100 — Resilient Flooring END OF Attachment A Page 2 of 2 Augusta Regional Airport Concession Area Attachment B 4/07/2010 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta- Richmond County's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta - Richmond County under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta - Richmond County under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta- Richmond County in excess of the any contractually authorized goods or services, as required by Augusta- Richmond County's Charter and Code, Augusta- Richmond County may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non - payment for the provision of any unauthorized goods or services to Augusta- Richmond County, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta- Richmond County, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all county contracts for goods and services, except revenue producing contracts. The Owner must promptly provide Contractor evidence of proper authorization and approval by the Board of Commissioners and the Mayor for the Contract and any changes, modifications, change orders, extra work and disputed work before requiring S. D. Clifton to perform any such work. Use of County Landfill. All contracts for contractors performing demolition and /or construction projects for Augusta - Richmond County shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta- Richmond County Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. All contractors and subcontractors entering into contracts with Augusta- Richmond County for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. §13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta- Richmond County has registered with and is participating in a federal work authorization program [any of the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Page 1 of 2 Reform and Control Act of 1986 (IRCA), P.L. 99 -6031, in accordance with the applicability provisions and deadlines established in O.C.G.A. §13 -10 -91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta- Richmond County the contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13 -10- 91 on the subcontractor affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta- Richmond County at the time the subcontractor(s) is retained to perform such physical services. END OF Attachment B Page 2 of 2 ��I Augusta Regional Airport Concession Area Attachment C 4/07/2010 Modifications to AIA Document A201 General Conditions of the Contract for Construction a. Section 2.12 Delete language regarding mechanic's lien and replace with "prepare a Notice of Commencement " b. Section 10.3.3 delete in it's entirety as Georgia law does not permit the county to indemnify any entity or person c. Section 10.3.5 add the word "gross" before negligence d. Section 10.3.6 change word indemnify to reimburse e. Section 11.1.4 add "and its employees" after the word Owner f. Section 11.3.7 Neither the Owner nor the Contractor waive their rights subrogation. END OF Attachment C Page 1 of 1