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HomeMy WebLinkAboutALPHA CONSTRUCTION FOR IMPROVEMENTS TO THE BOB BAURLE BOAT RAMP PROJECT Document AIO7TM - 2007 Standard Form of Agreement Between Owner and Contractor for a Projec of Limited Scope AGREEMENT made as of the Fourteenth day of October in the year Two Thousand Ten (In words, indicate day, month and year) BETWEEN the Owner: This document has important legal (Name, legal status, address and other information) consequences. Consultation with Augusta _Richmond County Commission an attorney is encouraged with 530 Greene Street respect to its completion or Augusta GA 30911 modification. and the Contractor: (Name, leg status, address and other information) Alpha Construction Company 4 ,250.Ogeechee Road Savanna.h("'GA:a 3 14:05 (912) 232-0093 for the following Project: (Name, location and detailed description) "Go Fish" tournament facilty improvements at Robert Baurle Boat Ramp on the Savannah River, in Augusta, Georgia for the Georgia Department of Natural Resources. The Architect: (Name, legal status, address and other information) *All reference to the "Architect" throughout the contract document shall refer to the "Engineer l below: Jon Guerry Taylor & Associates, Inc. B.0. Box 1082 Mt. Pleasant, SC 29465 (843) 884 -6415_ The Owner and Contractor agree as follows. AIA Document A107T"' — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This Ale Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or j distribution of this Ale 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. 020310 § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Coinplet on of all work (with the exception of the work being completed by the City of Augusta as described in exhibit D) shall be completed by the date fixed in the notice to proceed. 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 bonus payments for early completion of the Work.) ARTICLE 3 CONTRACT SUM 3.1 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 one of the following: (Check the appropriate box.) ❑ Stipulated Sum, i n accordance with Section 3.2 below Q Cost of the Work plus the Contractor's Fee, in accordance with Section 3.3 below ❑ Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3,4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) § 3.2 The Stipulated Sum shall be four hundred sixty six thousand one hundred Dollars sevent seen ($ 466 , 177 . 00 ), subject to addtty and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated 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 identification 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 of such other alternates showing the amount for each and the date when that amount expires.) Refer to Exhibit D AIA Document A107TM — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Irtit. Architects. WARNING: This Ale Document is protected by U.S. Copyright Law and Internat Treat Unauthorized reproduction or 3 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 3.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: n/a § 3.4.3.3 Unit Prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) n/a Item Units and Limitations Price per Unit ($0.00) § 3.4.3.4 Allowances included in the Guaranteed Maximum Price, if any: (Ident[ and state the amounts of any allowances, and state whether they include labor, materials, or both.) Item Allowance n/a § 3.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: n/a ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4,1.1 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. § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 4.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the f ollowing month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than ( 15 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 4.1.4 Retainage, if any, shall be withheld as follows: 10 % Retainage to be witheld on all process payments through project completion. AIA Document A107TM — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 5 distribution of this Ale 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 6.1.3 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) All project specifications are incorporated within the project drawings. Section Title Date Pages § 6.1.4 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) See Exhibit C for a listing of of all drawings associated with this project. Number Title Date § 6.1.5 The Addenda, if any: n/a Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. § 6.1.6 Additional documents, if any, forming part of the Contract Documents: .1 Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201TM -2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List here any additional documents that are intended to form part of the Contract Documents.) Exhibit A: Dated 4/13/2010 Exhibit B: Dated 3/30/2010 Exhibit C: Dated 6/1/2010 (List of Drawings) Exhibit D: Dated 9/21/2010 ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification 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. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the AIA Document A107 - 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 7 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten -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, without prejudice to any other remedy the Owner may have may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contra ctor is a representation that the Contractor has visited the site become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. § 9.2,2! 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 or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 LABOR AND MATERIALS § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 9.3.3 The Contractor may make a substitution only with the consent of the Owner; after evaluation by the Architect and in accordance with a Modification. § 9.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants AIA Document A107 - 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This APA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 9 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@eia.org. • § 9.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 9.12 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project. § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and 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 product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 9.14 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, 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), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed 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 Section 9.15.1. § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 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 indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT § 10.1 The Architect will provide administration of the Contract and will be an Owner's representative during construction, until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully 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 the quality or quantity of the Work. The Architect will not have control over charge of or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 10.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the AIA Document A107TM — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 11 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order. § 13.3 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. § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits` stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, 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, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 APPLICATIONS FOR PAYMENT § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, 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 in reviewing the Contractor's Applications for Payment. AIA Document A107T"' — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 13 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 15.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 15.3 PROGRESS PAYMENTS § 15.3.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the 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. § 15.3.2 Neither the Owner nor Architect shall have 'an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. § 15.3.3 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. § 15.4 SUBSTANTIAL COMPLETION § 15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 15.4.2 When the Contractor considers that the Work, or a portion 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 prior to final payment. 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 Documents. § 15.4.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready 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 acceptable under the Contract Documents and the Contract fully performed, 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 on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or 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 costs and reasonable attorneys' fees. AIA Document Al07TM — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 15 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 17.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.3 PROPERTY INSURANCE § 17.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an "all- risk" or equivalent policy form, including builder's risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents 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 Section 15.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 17.3.1 to be covered, is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub - subcontractors in the Project. § 17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 17.3.3 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 12, if any, and any of their subcontractors, sub - subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 17.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub- subcontractors in similar manner. § 17.4 PERFORMANCE BOND AND PAYMENT BOND § 17.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. (nit. AIA Document Al 07T" — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 17 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 19.4. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 15.2.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 20.2 TERMINATION BY THE OWNER FOR CAUSE § 20.2.1 The Owner may terminate the Contract if the Contractor .1 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 Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections 15.5.3 and 15.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days AIA Document Al 07T" — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 19 distribution of this Ale 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. 44 ./ Jon Guerry Taylor & Associates, Inc. r P.O. BOX 1082; MOUNT PLEASANT, SC 29465 USA PHONE: 843.884.6415 FAX: 843.884.4026 www.jgtinc.com April 13, 2010 Mr. Ronald Houck Augusta Recreation and Parks Department 2027 Lumpkin Road Augusta, Georgia 30906 RE: Robert Baurle Boat Landing - recommendation for award of Contract Dear Mr Houck: Jon Guerry Taylor & Associates, Inc. (JGT) has reviewed the bids submitted on February 3, 2010 for the Robert Baurle Boat Ramp Improvement project. Bids were submitted by only two contractors: Alpha Construction Company, and Shearer & Associates, Inc. In accordance with the bidder selection process that was outlined by the Procurement Department, the Contract for this work will be awarded based on the lowest responsive Base Bid. The Base Bids submitted were as follows: $56,757.00 by Alpha Construction Company (ACC), and $84,750.00 by Shearer & Associates, Inc. (S &A). Alpha Construction Company was the low- bidder on the Base Bid. JGT checked references provided with the bid submittal to verify the qualifications of ACC. All references that were checked provided outstanding reviews on the qualifications of ACC. Also, all license numbers provided were verified and found to have an "active" status. Since ACC is the lowest responsive bidder for the project, no further reference to the bid provided by S &A will be discussed. The following bids for alternate bid items were also submitted by Alpha Construction Company: Alternate #1 = $94,700.00 (with $704 /LF additional for rock drilling, if required) Alternate #2 = $532,067.00 Alternate #2 Deduct = $250,707.00 (for grading work being performed by Augusta Recreations and Parks Department) Alternate #3 = $92,870.00 Alternate #4 = $132,800.00 In a value- engineering meeting held on March 17, 2010, additional items were found to reduce the cost of the Base Bid, Alternate #1, and Alternate #2. Please see attached value- engineering letter from ACC for this information. MED -2535 . EXI+ L IT A C0N► Jon Guerry Taylor & Associates, Inc. Value- Engineering Deduct = $145,181.00 (See attached value - engineering letter for a break -down of this amount. The deduct of $9, 000 listed in the value - engineering letter is not included in this amount because that is a saving in material costs, not contractor costs.) Therefore, based on conversations with Augusta Recreation and Parks Department and our review of the bid info, JGT recommends awarding ACC the Base Bid, Alternate #1, Alternate #2, Alternate #2 deduct, and the value- engineering deduct. For the recommended bid items to be awarded above, the total contract amount with Alpha Construction should be $287,636. If you have any questions or comments, please give us a call at (843) 884 -6415. Sincerely, JON GUERRY TAYLOR & ASSOCIATES, INC. 114 Christopher Moore, P.E. President and Principal Engineer Attachment Nil 35 Alpha Construction Company Post Office Box 60458 EX H (BIT 3) Savannah, Georgia 31420 T March 30, 2010 Megan Dove Jon Guerry Taylor & Associates, Inc. P. O. Box 1082 Mt. Pleasant, SC 29465 RE: Augusta Go Fish Dear Megan, Based on our discussions with you and Augusta Recreation and Parks, we have gone through our base bid and alternates one and two in order to find ways to bring the project closer to budget. Shown below are items you will need to analyze to determine if the changes will work within the project guidelines. These cost reductions are in conjunction with Augusta Richmond County grading the parking area with their own forces. BASE BID 1. The only place we see deductive changes within the base bid is to have Augusta - Richmond County (ARC) rough grade for the boat ramp. In this item, there is approximately 550 c.y. to remove from the slope Deduct...$ 3,850.00 ALTERNATE ONE 1. Reduce gangway pile penetration length from 27 feet to 22 feet. Piles will be 45 feet in total length Deduct... $ 450.00 2. Change pile coating from galvanized to epoxy paint. There are eight steel piles Deduct... $ 3,544.00 3. Reduce floating dock length by twenty feet. ARC is purchasing the docks. Possible cost deduct Deduct....$ 9,000.00 Phone (912) 232 0093 Fax (912) 232 0095 Bridges Docks Piling Concrete Construction C oN. ` Page Two Possible Cost Changes Augusta Go Fish 4. Reduction of 20' eliminates 2 piling Deduct....$ 10,516.00 5. Use #4 stone bedding as groundout dock base. Eliminate concrete ramp under gangway .Deduct....$ 7,740.00 ALTERNATE TWO 1. ARC will furnish and rough grade GAB rock Base. Approximately 9,600 s.y. @ $7.80 /s.y Deduct....$ 74,880.00 2. Contractor to pave perimeter road and handicap parking only. Parking area to be gravel lot. Concrete parking headers to mark parking spaces. Eliminate 4,312 s.y. of asphalt paving @ $9.25/s.y .Deduct....$ 39,886.00 3. Eliminate painted parking lines and arrows on pavement. Handicap painting and signage to remain in work .Deduct....$ 1,215.00 4. Eliminate sidewalk from parking area to boat ramp. Pedestrians to use asphalt pavement to access ramps and docks. 100 s.y. concrete @$31 /s.y Deduct....$ 3,100.00 Should all of these deducts be acceptable, this would amount to $154,181 in deductions. Please keep in mind that the $9,000 in dock elimination is estimated from the purchase of the docks. ARC will also have to fund the purchase of the GAB stone; however, depending on whether they haul in or contract haul in from the quarry will affect their costs. Please review the plans to see if you see additional areas where deductions are possible. Very truly yours, IZd'VV 12 P/ ALPHA CONSTRUCTION COMPANY Page 2 of 2 VI921039 `d1SflOfld `•3121f1V9 1`d S3III71OVd 1N3WVN21f101 „HSId 3H121Od et e a Q a 5 (�� Jt x LLI LU r t g Q &� Z W £_ g y z tX W J 3 � 3� ' S > a ° CL oci W „g, oc Qa a 1 o� z O = W W W V . m H ,• e o ° z p O Q o D o 0 0 o i +- 0 Z S 3 z N Z N N GJ .v > !w O W r Q n M co M •� w RNs O r O r N V H a v U <O y 01 O r H nmu - O O O r r D re W Z =o < g !g, O �mw z W O O W n W C' LLI _a _ J Z mow H V x s l; ce LLI 0 U- LL CI 3 ~ r e 1111111111111111111111111 A Document AIO7TM - 2007 Standard Form of Agreement Between Owner and Contractor for a Project of Lit ited Scope AGREEMENT made as of the Fourteenth day of Qctober in the year Two Thousand Ten (in words, indicate day, month and year) • • BETWEEN the Owner: This document has important legal • (Name, legal status, address and other information) consequences. Consultation with Augusta Itichmond County Commission an attorney is encouraged with 530 Greene Street respect to its completion or • :',:Axgusta GA 30911 modification. • • and the Contractor: • • • • (Name, legal status, address and other information} • • Alpha, :Construction Company 4250; .O,geechee..Road .Savannah. ;GA 31405 • •:(912). 232 -0093 • • • • • • • for;: the following Project: (Name, loocation and detailed description) • "Go .Fish"'tournament facilty improvements at Robert Baurle Boat Ramp on the Savannah River, in Augusta, Georgia for the Georgia Department of Natural Resources. • • The Architect: • (Name, legal slants, address and other information) *All reference to the "Architect" throughout the contract document shall refer to the "Engineer" listed below: Jon Guerry Taylor & Associates, Inc. P.C. Box 1082 Mt.` Pleasant, SC 29465 (843) 884 - 6415 The Owner and Contractor agree as follows. AIA Document A107T'" — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This Ale Document is protected by U.S. Copyright Law and international Treaties. Ur±a utherized reproduction or distribution of this Ale Document, or any portion of it, may result to severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days front the date of commencement, or as foilows: (Insert number of calendnr dcays. ,titer natively, cr caleradcrr dutc n1d {k hc: used }then coordin with. the dart of rrtlf comm If approprkaie, " insert requirements, for earlier Su C;oanpletiora ref certa pm non:s ae Xlr C't. $pl'etion of all work (with the exception of the work being completed by the City of Augusta as described in exhibit 1)) shall be completed by the date fixed in the notice to proceed. Portion of the Work Substantial Completion Date ( subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,. far liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one Of the following: (Check the appropriate box.) ❑ Stipulated Sum, in accordance with Section 3.2 below • ❑ Cost of the Work plus the Contractor's Fee, in accordance with Section 3.3 below ❑ Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the .selection above, complete Section 3.2, 3.3 or 3.4 below,) § 3.2 The Stipulated Sum shall be seve four hundred aixt_ six thousand one hundred Dollars r�y ceuen ($ 466, 177 .00 ), subject to adeltftons and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated 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 identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates ,subsequent to the executi.bn of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Refer to Exhibit D • • . AM Document A107TM — 2007. Copyright n 1936, 1951, 1958, 1961, 1963 1966, 1970, 1974, 1978, 1987. 1997 and 2007 by The American Institute of Init. Architects. WARNING': This Ale Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or 3 distribution of this Ate Document, or any portion of it, may re-suit in severe civil and criminal penalties, and wit be prosecuted to the maximum . extent pot,su a under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American institute of Architects' legal counsel. copyright@aia.org. § 3.4.3.2 The Guaranteed Maximum Price is based on the , following : alternates, if any, which are described in the Contract Documents and are hereby accepted: by the Owner: n/a § 3.4.3.3 Unit Prices, if any: (Identify and state the unit price. and state the quantity limitations, Tony, to which the unit price will he applicable.) n/a Item Units and Limitations Price per Unit ($0.00) § 3.4.3.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify^ and .state the amounts of any allowances, and state whether they include labor, materials, or both.) Item Allowance n/a § 3.43,5 Assumptions, if any, on which the Guaranteed Maximum Price is based: n/a ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 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. § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. or as follows: § 4,1.3 Provided that an Application for Payment is received by the Architect not later than the la day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the following : month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be'made by the Owner not later than ( 15 ) days after the Architect receives the Application for Payment. (Federal, hater er local laws r>zai require payment within a certain period of tune.) § 4.1.4 Retainage, if any, shall be withheld as follows: 10 % Retainage to be witheld on all process payments through project . completion:. • • • Ala Document A107"' -- 2007. Copyright © 1936. 1951, 1958. 1961, 1963. 1966, 1970, 1974. 1978, 1987, 1997 and 2007 by The American Institute of init. Architects. WARNING: This AtA Document is protected by U.S. Copyright Law and internaticnat Treaties. Unauthorized reproduction or 5 distribution of this me Document, or any portion of it, may result in severe civic and criminal penalties, and will be prosecuted to the maximum t extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. § 6,1.3 The Specifications: (Either list the Specifications here or ref to on e..v:hibit attached to this Agreement.) All project specifications are incorporated within the project drawings. Section Title Date Pages §6.1.4 The Drawings: (Hither list the Drawings here or refer to can exhibit attached ter this ,4g>reetnenti See Exhibit C for a listing of of all drawings associated with this project. Number Title Date § 6.1.5 The Addenda, if any: n/a Number Date Pages - I Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. § 6.t6 Additional documents, if any, forming part of the Contract Documents: II .1 Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document 1i201TM ..2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List here eu additional documents. that are intended to form part of the Contract Documents.) Exhibit A: Dated 4/13/2010 Exhibit B: Dated 3/30/2010 Exhibit C: Dated 6/1/2010 (List of Drawings) Exhibit D: Dated 9/21/2010 ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings.. Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this A�greernent. A Modification 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. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work h , the MA Document A107" - 2007. Copyright 1). 1936, 1951, 1958, 1961, 1963, 1960 1970, 1974, 1978. 1987. 1997 and 2007 by The American institute of init. Architects. WARNING: This AtA` nobtrataent is protected by U-S. Copyright Law and international Treaties, Unauthorized reproduction or 7 distribution of this AIA Docu ent, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to they maximum i extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To repoft copyright violations of AIA Contract Documents, e -mail The American institute of Architects' legal counsel. copyrighteaia.org, right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or an other person or entity_ § 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK lfthe Contractor defaults or neglects; to carry out the Work in accordance with the Contract I)oc.turlei ts, and fails within a ten-day period alter receipt of written notice from the Owner to continence and continue correction. of such default cm neglect with diligence and promptness.. the C..)wrler, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost. thereof. including Owner's expenses and compensation for the Architect's services trade necessary thereby, from the payment then or thereafter due the Contractor. _ ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.11 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site. become generally familiar with local conditions under which the Work. is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study- and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, �. omissions, or inconsistencies in the (Contract Documents; however, the Contractor shall promptly report to the A.rclniect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such tornn as the Architect may require. It is recognized that the Contractor's review is made m the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the (Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or law ul orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect ma.v require. § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention_ The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these natters. § 9.2.2 The Contractor shall be. responsible to the Owner kw acts and otmissions of the. Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work. for ar on behalf of the Contractor or any of its Subcontractors. § 9.3 LABOR AND MATERIALS § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide rind pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. whether temporary or permanent and whether or not incorporated or to be incorporated in the Mork.. § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit. employment of unfit persons or persons not skilled in tasks assigned to them, § 9.3.3 The Contractor may make a su.bst.itution only with the consent of the Owner, after evaluation by the Architect and in. accordance with a Modifcation. § 9.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants AIA Document A107'h -- 2007. Copyright J 1936, 1951. 1955, 1961, 1963, 1966. 1970. 1974, 1978, 1987. 1997 and 2007 by The American Institute of trot Architects. WARNING: This AlA"'' Document is rotected t U.v. Copyright Law and international Treaties- Unauthorized reproduction or t% y P 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 t extent possible under the law- Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -matt The American Institute of Architects' legal counsel. copyri!tht(ttaia.orn. . § 9.11 CUTTING AND PAT The Contractor shall be responsible for cutting, fit.ti.nc7 or Nulling required . to complete the Work or to 1 ake its parts fit together properly. • § 9.12 CLEANING UP The Contractor shall keep the premises and surrounding, area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project. `s § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend. suits or claims for infringement of copyrights and 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 product of a particular manufacturer or manufacturers is required by. the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other doc:tunents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or produce is an infringement of a copyright or a patent. the Contractor shall be responsible for such loss unless such infirrrnation is promptly furnished to the Architect. § 9.14 ACCESS TO WORK `floe Contractor shall provide the Owner and architect access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent penititted by law, the Contractor shall indemnify and hold harmless the Owner, Architect. Architect's consultants and agents and employees of any of them from and against claims, damages, losses and ; , t expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that. such claim, damage., In or expense is attributable to bodily injury, sickness, disease or death, Ot to 'injury to or destruction of tangible property (other than the Work itself), hut only to the extent caused by the negligent. acts or omissions of the Contractor, a `;subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, Ioss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reditcc other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.15.2 In claims against: any person or entity indemnified under this Section 9.15 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 indemnification obligation under Section 9.15. I. shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability henef it acts Or other employee benefit acts. ARTICLE 10 ARCHITECT § 10.1 The Architect will provide administration of the Contract and will be an Owner's representative during construction, until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10,2 The Architect will visit the site at intervals appropriate to the stage of the constutction to become generally familiar with the progress and quality of the portion•of the \Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect Will not he. required to make exhaustive or continuous on -site inspections to check. the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means.. methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. since these are solely the Contractor's rights and responsibilities under the Contract ?, Documents. § 10.3 On the basis atilt site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the. AIA Document At07'' -- 2007. Copyright 0 1936. 1951. 1958, 1961, 1963. 1966, 1970, 1974, 1978. 1987. 1997 and 2007 by The American Institute of init. Architects, WARNING: This AIA ''' Document is protected by U.S. Copyright Law and International Treaties. € nauthoriized reproduction or 11 distribution of this ABA Document, or any portion of it, may result in severe civil and cr(ryltnal penalties, and will be prosecuted to the maximum extent. ossible under the taw. Purchasers are permitted to reproduce ten (10) copies pies of this document when completed To report copyright ht violations of P P }= r P P' PY 9 AIA Contract Documents. e -mail The American Institute of Architects' legal counsel, copyrighttvaia.org. § 12.3 The Owner sh.afl be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays. improperly tinted activities or defective construction of the Contractor, The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 Fay appropriate Modification, changes in the Work m-a.y be accomplished after execution of the Contract. The Owner. without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the ()weer and Architect. § 13,2 Adjustments in the Contract Sum and Contract Time resulting from a change in Me Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the C'ontractor's cost of labor, material, equipment, and. reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost ofa Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive, The Architect. will make an interim determination of the ;.i.nlount of pa.yrnent. due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on a.djustlnents to the Contract Sum and Contract Time arising from a Construction Change Directive. the Architect will prepare a Change Order. § 13.3 The Architect wily have authority to order minor changes in the Work not involving adjustment m 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. § 13.4 it concealed or unknown physical conditions are encountered at the site that differ materially front those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Slim and Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and. Architect promptly and before conditions are disturbed.. ARTICLE 14 TIME § 14.1 Time Limits stated in the Contract Documents are of the essence of the (:Contract. By executing the Agreement the Contractor confirms that the Contract. Time is a reasonable period For performing the 'Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day" as used in the Contract: Documents shalt mean calendar da.4' unless otherwise specifically defined. - § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3. § 14.5 If the Contractor is delayed at any time in the commencement. or progress of the Work by changes ordered in the NA ork. by labor disputes, fire. unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable., unavoidable casualties or any causes beyond the Contractor's control, or by other causes which. the Architect determines may justify delay. then the Contract l - irne shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION' § 15.1 APPLICATIONS FOR PAYMENT § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit to the Architect, belbre the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, 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 in reviewing the Contractor's Applications for Payment. AIA Document A107T" - 2007. Co ri ht «9 1936, 1951. 19'58. 1961, 1963, 1961 1963 1966. 1970 "_..74799nd.--__--.byThe.. ___._.._..__._i___-_..._...__._ py g 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. WARNING: This A1A 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 severs civil and c penalties. and will be prosecuted to the maximum 13 i extent possible under the tew. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright(aia.org. § 15.2.4 When the above reasons for withholding certification are .removed, cert.ific.ation will be made for amounts previously withheld. § 15.3 PROGRESS PAYMENTS § 15.31 The Contractor shall pay each Subcontractor. no later than seven da:vs after receipt. of payment, the amount to which. the Subcontractor is entitled, reflecting percentages actually retained from pa.ynlents to the (.o on account of the 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, § 15.3,2 Neither the Owner nor Archil.e:t shall haven obligation to pay or see to the payment of money to a Subcontractor except: as may otherwise be required by law. §15.3.3 A Certificate for Payment, a progress payment, or partial or entire use of occupancy of the Project by the (,):vner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 15.4 SUBSTANTIAL COMPLETION § 15.4.1 Substantial Completion is the stage in the pro gress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract. Documents so that the Owner can occupy or utilize the Work for its intended. use §154,2 Vi/hen the Contractor considers that. the Work, or a portion 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 prior to final payment. Failure to include an itern on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract . Doc.urnents. § 15.4.3 tipon receipt of the Contractor's list, the Architect will snake an inspection to determine whether the Work or designated portion thereof is substantially c.omplcte. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate. of Substantial Completion which shall establish the. date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties anties required by the Contract Documents shall continence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. ieate. Clpon such 'acceptance and consent of surety, i f a.ny, the Owner shall make payment ofretaainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 t.ipon receipt of the C'ontractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application far Payment, the Architect w•i.11 promptly ?Hake such inspection and, when the Architect finds the Work aac.ceptable under the Contract Documents and the Contract fully performed, tyre 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 on-sue visits and inspections, the Work. has been completed in accordance with terns and conditions of the Contract Documents and that (he entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation t.hat conditions stated in Section 1 5.5.2 as precedent to the C'ontractor's being entitled to final payment have been fulfilled. § 15.5.2 Final payment shall not become due until the Contractor has delivered to the €: wner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed. or a bond satisfactory to the Owner to indemnify the (honer against such lien If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner mav be compelled to pay in discharging such lien, including. costs and reasonable attorney's' fees. AEA Document AIO7TM 2007. Copyright 6, 1936. 1951, 1958 1961, 1963 196E 1970, 1974, 1976, 1987. 1997 and 2007 by the American Institute 01 Init. Architects. WARNING. this AIA' is protected by 0.9. Copyright Law and International Treaties. Unauthorized reproduction or 15 distribution of this A€A" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the rnaximum j extent possible under the law, Purchasers are permitted to reproduce ten (101 copies of this document when completed. To report copyright violations or AIA Contract Documents. email The American Institute of Architects' legal Counsel copyright@aia.org. . acts and other employee benefit acts which are applicable. claims for dania.ges because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result: from the Contractor's operations and completed oper•atiorts under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall he written for not less than limits of liability specified in the Contract Documents or required by late, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Section 9 [5. (.'ert.ificates of Insurance acceptable to the Owner shall be tiled with the Owner prior to commencement oldie Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire; until at least. 30 clays' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Architect and the .Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations: and (2) the Owner as an additional insured to claims caused in whole or m part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 17.2 OWNER'S LIABILITY INSURANCE The (:)wn.er shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.3 PROPERTY INSURANCE § 17.3.1 Unless otherwise provided. the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in tthich the Project is located, property insurance on an "all- risk" or equivalent policy form. including builder's risk, in the amount of the initial Contract Sum, plus the value. of subsequent modifications and cost of materials supplied and installed by others, ccimpri: in g total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall he maintained, unless otherwise provided in the (Contract Documents 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 Section i 5.5 or until no person or entity other than. the Owner has an insurable interest in the property required by this Section t 7.3.1 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and stih- suhcontractois in the Project. § 17.3.2 The Owner shall file a copy of each policy with the Contractor before an expost.€re. loss may occur. Each. �I policy shall contain a pr'ov°ision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at feast 30 days' prior written notice has been given to the Contractor. § 17.3.3 The Owner and Contractor waive all rights against (l) each other and any of their subcontractors, sub- subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 12, if any, and any of their subcontractors, sub - subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 17.3 or other property insurance applicable to the Work, except such rights as they tiav°e to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in ;Article. 12, ifa.n'y.and the subcontractors, sub - subcontractors, agents and employees of any of t.hein, by appropriate agreements, written where legally required for validity, similar waivers each m favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall he effective as to a person or entity- even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 17.3.4:1 loss insured under the Owner's property insurance shall he adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortvaeee. clause. 'T'he Contractor shall. pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to snake payments to their ub- suhcotrirac.tors in similar manner. § 17.4 PERFORMANCE BOND AND PAYMENT BOND § 17.41 The Owner shall have the right to require the Contractor to furnish bonds- cov=ering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 4 AIA Document A107'T" - 2087. Copyright' 1936 1951, 1968 1961, 1963. 1966,1970, 1974, 1978, 1 987 1997 and 2007 by The American Institute of Init. Architects. WAt WaiNG• This Ale'Docttrner:t is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction, or distribution of this Atendeurnent, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum 17 1 extent possible under the taw. Purchasers are pennittad to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents" mmai! The Arneric,ii Institute of Architects' basal counsel, copyright:c7;aia.org. more than l Ct years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in &ccordance with this Section 19.4 - ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 TERMINATION BY THE CONTRACTOR if the Architect fails to certiEv payment as provided in Section 15.2.1 for a period of 30 naves through no f< +ult of the Contractor, or if the Owner fails to make payment as provided in Section 4 -1.3 firr a period of30 day's. the Contractor rnay, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 20.2 TERMINATION BY THE OWNER FOR CAUSE § 20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enou =gh properly skilled workers or proper materials .2 fails to make payment to Subcontractors for materials or Tabor in accordance with the respective agreements between the Contractor and the Subcontractors ,3 repeatedly disregards applicable laws., statutes, ordinances. codes, rules and regulations or lawful orders of a public authority or Q otherwise is guilty of substarnial breach of a provision of the Contrtr.ct Documents. § 20.2.2 When any of the above reasons exists.. the Owner, upon certification by the Architect that sufficient cause exists to justify such action, rnay, without prejudice to any other remedy the Owner 111r have and after giving the Contractor Seven days' written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned.by the Contractor and may finish the Work by whatever reasonable: method the Owner may deem expedient. Upon request of the Contractor.. the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance. of the Contract. Sum exceeds costs of finishing the Wirrk,'incfuding compensation for the Architect's services and ex.penses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. if such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenierrc.e and without cause, The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason at' such termination, along with reasonable overhead and profit on the Work not executed.. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes and other natters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall he referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections 15.5.3 and 15.5.4, shall, after initial decision by the Architect: or days after submission oldie- matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.3 The parties shall endeavor to resolve their disputes by mediation which. unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effc.ct on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The. request may he made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days AIA Document A107 ._ 2007. Copyright ti 1936. 1951.. 1958, 1961. 1963, 1 :66, 1970. 1974, 1978. 1987. 1997 and 2007.- __.__..__ American Institute "`� " '' 2007 by The American Institute c# Enit. Architects. WARNING: This Aile Document Is rotected by U.S. Ca 19 p Y copyright Law and 1nta:rtratr Treaties_ Unauthorized reproduction or distribution of this A.te€tocu tent, or any portion of It, may result in severe ctvi't and criminal penalties, and will be prosecuted to the maximum extent possible under the Taw. Purchasers are permitted to reproduce ten 10) copies of this document when completed. To report copyright violations of AIR Contract Documents. e -mail The American Institute of Architects' legal counsel, ccpyright`gaia.org. ‚ Jon Guerry Tay w b r & Associates t nc. P.O. BOX 1082; MOUNT PLEASANT, SC 29465 USA PHONE: 843.884.6415 FAX: 843.884.4026 www.jgtinc.com April 13, 2010 Mr. Ronald Houck Augusta Recreation and Parks Department 2027 Lumpkin Road. Augusta, Georgia 30906 RE: Robert Baurle Boat Landing - recommendation for award of Contr Dear Mr Houck: Jon Guerry Taylor & Associates, Inc. (JGT) has reviewed the bids submitted on February 3, 2010 for the Robert Baurle Boat Ramp Improvement project. Bids were submitted by only two contractors: Alpha Construction Company, and Shearer & Associates, Inc. In accordance with the bidder selection process that was outlined by the Procurement Department, the Contract for this work will be awarded based on the lowest responsive Base Bid. The Base Bids submitted were as follows: $56,757.00 by Alpha Construction Company (ACC), and $84,750.00 by Shearer & Associates, Inc. (S &A). Alpha Construction Company was the low- bidder on the Base Bid. JGT checked references provided with the bid submittal to verify the qualifications of ACC. All references that were checked provided outstanding reviews on the qualifications of ACC. Also, all license numbers provided were verified and found to have an "active" status. Since ACC is the lowest responsive bidder for the project, no further reference to the bid provided by S &A will be discussed. The following bids for alternate bid items were also submitted by Alpha Construction Company: Alternate #1 = $94,700.00 (with $704 /LF additional for rock drilling, if required) Alternate #2 = $532,067.00 Alternate #2 Deduct = $250,707.00 (for grading work being performed by Augusta Recreations and Parks Department) Alternate #3 = $92,870.00 Alternate #4 = $132,800.00 In a value- engineering meeting held on March 17, 2010, additional items were found to reduce the cost of the Base Bid, Alternate #1, and Alternate #2. Please see attached value - engineering letter from ACC for this information. MED -2535 EXI+ 1 5 LT A CON$ --° Jon Guerry Taylor & Associates, Inc. Value- Engineering Deduct = $145,181.00 (See attached value - engineering letter for a break -down of this amount. The deduct of $9,000 listed in the value - engineering letter is not included in this amount because that is a saving in material costs, not contractor costs.) Therefore, based on conversations with Augusta Recreation and Parks Department and our review of the bid info, 3GT recommends awarding ACC the Base Bid, Alternate #1, Alternate #2, Alternate #2 deduct, and the value- engineering deduct. For the recommended bid items to be awarded above, the total contract amount with Alpha Construction should be $287,636. If you have any questions or comments, please give us a call at (843) 884 -6415. Sincerely, JON GUERRY TAYLOR & ASSOCIATES, INC. Christopher Moore, P.E. President and Principal Engineer Attachment MED-2535 . - Alpha Construction Company Post Office Box 60458 Savannah, Georgia 31420 EX ti t B tT March 30, 2010 Megan Dove Jon Guerry Taylor & Associates, Inc. P. O. Box 1082 Mt. Pleasant, SC 29465 RE: Augusta Go Fish Dear Megan, Based on our discussions with you and Augusta Recreation and Parks, we have gone through our base bid and alternates one and two in order to find ways to bring the project closer to budget. Shown below are items you will need to analyze to determine if the changes will work within the project guidelines. These cost reductions are in conjunction with Augusta Richmond County grading the parking area with their own forces. BASE BID 1. The only place we see deductive changes within the base bid is to have Augusta - Richmond County (ARC) rough grade for the boat ramp. In this item, there is approximately 550 c.y. to remove from the slope Deduct... $ 3,850.00 ALTERNATE ONE 1. Reduce gangway pile penetration length from 27 feet to 22 feet. Piles will be 45 feet in total length Deduct...$ 450.00 2. Change pile coating from galvanized to epoxy paint. There are eight steel piles Deduct...$ 3,544.00 3. Reduce floating dock length by twenty feet. ARC is purchasing the docks. Possible cost deduct Deduct....$ 9,000.00 Phone (912) 232 0093 Fax (912) 232 0095 Bridges Docks Piling Concrete Construction 1 ` oN.L Page Two Possible Cost Changes Augusta Go Fish 4. Reduction of 20' eliminates 2 piling Deduct....$10,516.00 5. Use #4 stone bedding as groundout dock base. Eliminate concrete ramp under gangway Deduct....$ 7,740.00 ALTERNATE TWO 1. ARC will furnish and rough grade GAB rock Base. Approximately 9,600 s.y. @ $7.80 /s.y.... Deduct....$ 74,880.00 2. Contractor to pave perimeter road and handicap parking only. Parking area to be gravel lot. Concrete parking headers to mark parking spaces. Eliminate 4,312 s.y. of asphalt paving @ $9.25/s.y Deduct....$ 39,886.00 3. Eliminate painted parking lines and arrows on pavement. Handicap painting and signage to remain in work .Deduct....$ 1,215.00 4. Eliminate sidewalk from parking area to boat ramp. Pedestrians to use asphalt pavement to access ramps and docks. 100 s.y. concrete @$31 /s.y Deduct....$ 3,100.00 Should all of these deducts be acceptable, this would amount to $154,181 in deductions. Please keep in mind that the $9,000 in dock elimination is estimated from the purchase of the docks. ARC will also have to fund the purchase of the GAB stone; however, depending on whether they haul in or contract haul in from the quarry will affect their costs. Please review the plans to see if you see additional areas where deductions are possible. Very truly yours, RawRaw' ALPHA CONSTRUCTION COMPANY Page 2 of 2 YI9 O3O 'visnonv `3121nv9 1213902i lV S3I11`IIOdd 1N3WYNN nO1..HS1d OJ.. 3H121Od x CL \,,;, U. y S W to h � :. .. ^} ry YO Q Z NMI 5C Z � S � � t � V p � _ , 2 5 .,,, . . , . " .... . a_ . . . m eNJ dF jy$S l- p I 0 r2 X Z cow: w W W o m w t— N: , 4 y k_ J 0 F— a as rn at at d "� z T Z �/ a 0 0000 i'�F r�rE ® N N N 1 ( 7 1 C! V a % L Y1 W r 0 h M to M z Q ! . n O = O r- O N C9 ,,,,1 g 54 r c II' L a z . z p 2 v I ci) v CD w o .s.. I of 1 H ' 1 I _ se i 1111 W Q iLl ® u_ to i i I.1 Z Fr, el. !Hi .i 5 ei ® i J , a 11 1 s S a II CHMONC ? GEORGIA PU RCHASE ORDER NO. AUGUSTA R� COUNTY p1852O4 ROOM 60 5, PUR CHASING DEPARTMENT PURCHASE ORDER clrrAUG GEORG A 309111 -33999 (11) Page 1 of 2 R P1 No. R18786 DEPARTMENT PURCHASE ORDER NUMBER ABOVE DATED' 61493 MUS ASEOR E ALLIBVRABO 11 / 0 3 / 10 SHIPPING PAPERS, AND PACKAGES. VE NDOR PHONE# (912) 232_00 VENDOR # 16521 ATTN: VE NDOR A LPHA CONSTRUCTION AT NUMBER: 09 - 20 1 CONTRACT #: 4250 OGEECHEE ROAD CO #1 SA VANNAH, GA 31405 BUYER: NANCY BILL TO: AUGUSTA- RICHMOND COUNTY, GEORGIA S S HIP TO: ROOM 105, ACCOUNTING DEPARTMENT 2027 1 RECREATION DEPARTMENT CI AUGUSTA, GEORGIA 30911'LDING (11) TY-COUNCIL MUNICIPAL 2 AUGt TA, G N ROAD A GA 30906 0 9 0 6 ALL INVOICES AND CORRESPONDENCE MUST BE SENT TO ABOVE ADDRESS REGARDLESS OF SHIPPING DESTINATION. AMOUNT DESCRIPTION UNIT PRICE 1 # QUANTITY UNIT PRODUCT ID 287,636.0 287,636.1 CONSTRUCTION CONTRACT FOR 0001 1 IMPROVEMENTS TO THE BOB BAURLE BOAT RAMP PROJECT APPROVED BY COMMISSION 5/18/10, ITEM #10 220 -0671 -12110 13,541.0 13,541 . 14 CHANGE ORDER #1; FOR 0002 1 EA ADDITIONAL WORK TO BE COMPLEED { r. APPROVED BY COMMISSION crq 'p 10/5/ , ITEM #1 j ° ' - : 272 0 -1493/54 -12110 ,- " 65,000.0 65,OC ii CHANGE, ORDER #1; FOR 0003 1 �; ADDITI NAL WORK TO BE \ COMPLETED 1 APPROViED BY COMMISSI 10/5./X0, ITEM #1 ■ t 272 -0- 1110 -12110 I 100,000.0 100,1 CHANGE ORDER #1; FOR * * *CO, INUED * ** 0004 1 EA ��, � TIONS - READ ( CONDITIONS - READ CAREFULLY . he prchaser ixempMunicipal l vchaear i exempt xe s 1 T NET TOTAL ............. excis and other taxes. sales exase and s e other taxes. atue from payment of Federal, State, and Muni t9 ch arges prepaid by 2. Shipping charges prepaid by vendor. 1 will be made 3. Paym 44-0/f0—<7 ent will be made on complete shipments only, unless otherwise requested. :RV TICKET n C APPROVED FOR ISSUE KET M UST qCt A. DELIVERY TICKET MUST ACCOMPANY GOODS. r orders. We will etwee 5. No back a ker d . We will between i9 A.M. ble. Hake deliveries bet 5. Please make deliveries between 9 A.M and 4 P.M. e� and return at'Jerco weep 7 All goods received with suo:equent privilege n re • i f n with s t n compliance with our specifications. PURCHASING AGENT SIGNATURE if defective or not in �� expense if defective or not p comp slivery if necessa 8. Indoor delivery if necessary REQUISITIONER_ - - - - -- - Yet 30 or ry Payment Net 30 or according to contract. according to oontr g. Paym 1 _ 1 — — ----1 MI AUGUSTA- RICHMOND COUNTY GEORGIA PURCHASE ORDER ROOM 605, PURCHASING DEPARTMENT CITY- COUNCIL MUNICIPAL BUILDING (11) PURCHASE ORDER NO. AUGUSTA, GEORGIA 30911 -3999 Page 1 of 1 P185254 DATE DEPARTMENT REQUISITION /QUOTE NO. 09/16/10 )61493 R187866 VENDOR # VENDOR PHONE # PURCHASE ORDER NUMBER ABOVE 16521 (912) 232 -0093 MUST APPEAR ON ALL INVOICES. SHIPPING PAPERS, AND PACKAGES. VENDOR ALPHA CONSTRUCTION ATTN: 4250 OGEECHEE ROAD BID NUMBER: 0 9 -201 SAVANNAH, GA 31405 CONTRACT #: BUYER: NANCY SHIP TO: BILL TO: RECREATION DEPARTMENT AUGUSTA- RICHMOND COUNTY, GEORGIA 2027 LUMPRIN ROAD ROOM 105, ACCOUNTING DEPARTMENT CITY- COUNCIL MUNICIPAL BUILDING (11) AUGUSTA, GA 30906 AUGUSTA, GEORGIA 30911 -3999 ALL INVOICES AND CORRESPONDENCE MUST BE SENT TO ABOVE ADDRESS REGARDLESS OF SHIPPING DESTINATION. ITEM # QUANTITY UNIT PRODUCT ID DESCRIPTION UNIT PRICE AMOUNT 0001 1 EA COMSTRUCTION CONTRACT FOR 287,636.0 287,636.00 IMPROVEMENTS TO THE BOB BAURLE BOAT RAMP PROJECT APPROVED BY COMMISSION 5/18/10, ITEM *10 220 -06- 1493/54 -12110 CONDITIONS - READ CAREFULLY 1. The purchaser is exempt by statue from payment of Federal, State, and Municipal sales, excise and other taxes. 2. Shipping charges prepaid by vendor. 3. Payment will be made on complete shipments only, unless otherwise requested. NET TOTAL 287,636.00 • 4. DELIVERY TICKET MUST ACCOMPANY GOODS. 5. No back orders. We will reorder if available. 6. Please make deliveries between 9 A.M. and 4 P.M. - APPROVED FOR ISSUE 7. All goods received ooh n p privilege to inspect and return at Vendor's expense if defective or not of in n compll iance with our specifications. 8. Indoor delivery if necessary. 9. Payment Net 30 or according to contract. REQUISITIONER _ _ __.__ _ _ PURCHASING AGENT SIGNATURE