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HomeMy WebLinkAboutAGREEMENT BETWEEN R.C.N. CONTRACTING INC (HENRY BRIGHAM CENTER IMPInit. Document A101 T - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Nineteenth day of July in the year Two Thousand Twelve an words, indicate day,; month and year.) BETWEEN the Owner (Name, legal status, address and other information) Augusta, GA, apolitical subdivision of the State of Georgia 530 Greene Street, Room 801 Augusta, GA 30911 and the Contractor: (Name, legal status, address and other information) R.C.N. Contracting, Inc. 1115 Franke Place Court Augusta, GA 30909 Telephone Number: 706 -933 -2081 for the following Project: (Name, location and detailed description) Henry H. Brigham Swim Center Improvements Henry H. Brigham Community Center Henry H. Brigham Swim Center 2463, Golden Camp Rd. Augusta, GA 30906 The Architect: (Name, legal status, address and other information) Virgo Gambill Architects, PC 2531 Center West Parkway, Ste. 200 Augusta, GA 30909 Telephone Number: 706 - 736 -3661 Fax Number: 706- 736 -4552 The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A20'1 General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:50:31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale. User Notes: (728452201) TERMINATION Init. TABLE OF ARTICLES THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION CONTRACT SUM PAYMENTS DISPUTE RESOLUTION OR SUSPENSION MISCELLANEOUS PROVISIONS ENUMERATION OF CONTRACT DOCUMENTS INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: I ` None § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety ( 90) 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) AIA Document A101 - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. M rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:50:31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale. User Notes: (728452201) Init. Portion of Work N/A 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.) The Contractor agrees to pay to the owner liquidated damages in the amount of $300.00 (three hundred dollars) for each consecutive calendar day beginning with the first calendar day after the scheduled project completion time of 90 consecutive calendar days, except for authorized extensions of time by the owner. 3.4 Specified excuses for delay or non - performance. Contractor is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted.. ARTICLE 4 CONTRACT SUM § 4.1 The. Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Six Hundred and Ninety-Three Thousand Dollars and Zero Cents ($ 693,000.00 j, subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other 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.) § ' . 4.3 Unit prices, if any (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) § 4.4 Allowances included in the Contract Sum, if any: )dentify allowance and state exclusions, if any, from the allowance price.) Item N/A 25th of the month Units and Limitations Price Per Unit ($0.00) Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A101 — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:50:31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale. User Notes: (728452201) Init. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty -fifth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Twentieth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent (10.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM -2007, General Conditions of the Contract for Construction; Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00 %); Subtract the aggregate of previous payments made by the Owner; and Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined m accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) None § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when AIA Document A101 - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:50:31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale. User Notes: (728452201) Init. .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 2007, and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: None 55.2.3 Defective pricing. To the extent that the pricing provided by Contractor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. §5.2.4 Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) Hol Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ X,, Litigation in a court of competent jurisdiction Other (Specify) t as Augus and expen d ,i loy 'o Agr ee Contractor, by executing this Agreement waives any right to contest the jurisdiction and v s ing out of or res st 116.4 Governing Law and Venue The law of the State of Georgia shall govern the CO w ith regard to its interpreta sp utes and other matters m 'r the breach thereof shall t e Su rift any oth Owner and Su or C chox ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. AIA Document A101 TM - 2007. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:50:31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale. User Notes: (728452201) Init. t § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. $7.3 Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this agreement, Owner may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Contractor under this agreement. §7.4 Termination of the Agreement for Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. The Owner may terminate this contract is part or in whole upon written notice to the Contractor pursuant to this term. §7.5 The Owner may terminate this contract in part or in whole upon written notice to the Contractor. The Contractor shall be paid for any validated services under this Contract up to the time of termination. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) as above % per annum § 8.3 The Owner's representative: (Name, address and other information) Joe Gambill, AIA, LEED AP Virgo Gambill Architects PC 2531 Center West Parkway Augusta, Georgia 30909 Telephone Number: 706-736-3661 § 8.4 The Contractor's representative: (Name, address and other information) Ralph C. Newman, Jr. 1115 Franke Place Court Augusta, Georgia 30909 Telephone Number 706 -933 -2081 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: §8.6.1 Prohibition against contingent fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by Contractor for the purpose of securing business and that the Contractor has not received any non -Owner fee related to this Agreement without the prior written consent of the Owner. For breach or violation of this warranty, the Owner shall have the right to annul this Agreement without liability or at its discretion to AIA Document A101 "' — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:50 :31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale. User Notes: (728452201) Init. deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 48.6.2 Use of Augusta, Georgia Landfill. All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees 48.6.3 Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any subcontractor of Contractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 48.6.4 Local Small Business Language: In accordance with Chapter 1OB of the Augusta, GA. Code, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia The requirements of the Local Small Business Opportunity Program can be found at www. augustaja.jov. In accordance with Augusta, GA. Code $1- 10- 129(d)(7), for all contracts where a local small business goal has been established the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia Failure to provide such reports within the time period specified by Augusta, Geor shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 48.6,5 E- VERIFY All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C,G.A. $ 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E- Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 CIRCA), P.L. 99 -603, in accordance with the applicability provisions and deadlines established in O,GG.A. $ 13 -10 -91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontraetor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E -Verify number as evidence of verification of compliance with 0.CG.A. $ 13 -10 -91 on the subcontractor affidavit provided in Rule 300- 10 -01 -.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 2007, General Conditions of the Contract for Construction. AIA Document A101"" — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlAsoftware at 09:50:31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale User Notes: (728452201) Init. § 9.1.3 The Supplementary and other Conditions of the C9ntr-aet:Contract are those contained in the project manual entitled Henry H. Brigham Swim Center Improvements and are as follows: Document Section 00 72 00 Section 00 73 00 Title Date Pages General Conditions N/A 1 Supplementary N/A 3 Conditions § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) contained in the project manual entitled Henry H. Brigham Swim Center Improvements Number Section 00 01 15 § 9.1.6 The Addenda, if any: N/A Section Title Date Pages Section 00 01 00 Table of Contents N/A 3 § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) The list of drawings contained in project manual entitled Henry H. Brigham Swim Center Improvements under the following section: Title List of Drawings Date N/A Date Pages May 3, 2012 1 May 22, 2012 2 pages plus 3 pages of attachments Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.11 Additional documents, if any, forming part of the Contract Documents: AIA Document E201T Digital Data Protocol Exhibit, if completed by the parties, or the following: Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. ALA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All section contained in the project manual entitled Henry H. Brigham Swim Center Improvements as well as all drawings and addendums. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. AIA Document A101TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. M rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:50:31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale. User Notes: (728452201) (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201- 2007.) Acknowledgement "Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity " This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts Lena J. Bon Clerk: oft() Init. This Agreement entered into as of the day and year first written above. OWNER (Signature) David S. Copenhaver Mayor Attest Type of insurance or bond 100 percent Performance Bond 100 percent Payment Bond Limit of liability or bond amount ($0.00) Signature) Ralph C. Newman, Jr. (Printed name and title) AIA Document A101 — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 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, This document was produced by AIA software at 09:50:31 on 09/05/2012 under Order No.0935562322_1 which expires on 06/20/2013, and is not for resale. User Notes: (728452201)