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Home My WebLink AboutBrookfield Gateway Park Augusta Richmond GA DOCUMENT NAME: fub6~ ~ Ie:-Lt) GATE'\.UA-'-) PAc<-.K.. DOCUMENT TYPE: A ~ (J..EE. M .coV, YEAR: ;;l 00 ~ BOX NUMBER: 1 <6 FILE NUMBER: ) Le " y it> NUMBER OF PAGES: ., ~ AUGUSTA-RICHMOND COUNTY COMMISSION B08 YOUNG Mayor STAFF ATTORNEYS VANESSA FLOURNOY SI'ARTlCUS HEYWARD LEE BEARD TOMMY HaYLES ULMER BRIDGES ANDY CHEEK BOOOY G. HANKERSON WILLIAM B. KUHLKE, .JR. WM. "WILLIE" H. MA Y5, III STEPHEN E. SHEPARD MARION WILLIAMS JAMES B. WALL CiTY A HORNEY AUGUSTA LAW DEPARTMENT RICI-IARD L. COLCLOUGH Mayor Pro Tem GEORGE R. KOLB Administrator April!7,2003 Please Reply to: P.O. Box 2125 Augusta, GA 30903 (706) 821-2488 Fax (706) 722.5984 jwall@co.richmond.ga.us Ms. Lena Bonner Clerk. Commission 8th Fl~or, City-County Bldg. Augusta, GA 30911 RE: Brookfield Gateway Park Dear Lena: I enclose herewith the original of the fully executed Agreement benveen the Augusta and Arumar Company, Inc. Please include this in the City's pem1anent records. Thanking you and with best personal regards, I am Yours very truly, Q0u James B. Wall JBW/sjp Enclosure " , THE AMERICAN INSTITUTE o F ARCHITECTS AlA Document AIOI Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL COtySEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AlA Document A20I, 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. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Nineteen Hundred and IhV Q&03 dayof ~ in the year of BETWEEN the Owner: (Name and address) A~r{{~/&ljftt~ 530 Greene St. Augusta, Ga. 30911 and the Contractor: (Name and address) CoIlsolidated EJoverlll,tent The Project is: (Name and Iocalion) Armnar Company, Inc. P.O. Box 1877 Evans, GA. 30809 Brookfield Gateway Par~,Mayo Road Map & Parcel Number 006-0-015-00-0 The Architect is: (Name and address) Davis Design Group 120 5th St. Augusta, GA 30901 The Owner and Contractor agree as set forth below. Copyright 1915.1918,1925,1937,1951,1958,1961,1963,1967, 1974, ]977, @1987byTheAmerican Institute of Archi- teclS, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of ilS provisions without written permission of the A]A violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION . A1A~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 1 WARNING: Unlicensed photocopylng violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documenrs consist of this Agreemenc, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specific:1Cions, Addenda issued prior to exeCUtion of this Agreemem, other documenrs listed in this Agreemem and Modificuions issued after execution of this Agreement; these form the COntr:lCt, and are :IS fully a part of the Contract :IS if attached to this Agreemenc or repc::lted herein. The Contr:lCt represenrs the entire and integrated agreement between the parties herero and supersedes prior negotiations, represencations or agreemenrs, either wrirren or oral. An enumer:ltion of the Contract Documenrs, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contraccor shall exeCUte the entire Work described in the COntr:lct Documenrs, except to the extent speCifically indic:ned in the Contract Documenrs to be the responsibility of ochers. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is rne:lSured, and shall be the date of this Agreement, as first wrirren above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. Date of commencement shall be stipulated in the "Notice to Proceed" 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 180 consecutive calender days after the date stated in the "Notice to Proceed" , subject co adjustmenrs of this Contract Time :IS provided in the Contract Documenrs. Liquidated damages will be accessed the contractor at a rate of $200.00 per day beyond the completion date noted in the "Notice to Proceed". AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, t 735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006 A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's perfonnance of the Contract the Contract Sum of SIX HUNDRED THIRTY-EIGHT THOUSAND Do~ ($ 638,000 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, wWch are described in the Contract Documents and are hereby accepted by the Owner: (Stale the numbers or other idenlifkotton of acapted alternates. If decJs{ons on other alternates are to be made by the Owner subsequent to the execuJ{on of this ~. aJtadJ a sdJeduJe of sucb other altemales sbowing the amount for eacb and lbe date unlU wbicb tbat amounlis ualid.) Add Alternate #1 $ 23,000 II II #2 3,000 II II #3 36,000 II II #4 42,000 II II #5 135,000 II " #6 5,000 TOTAL $244,000 BASE BID 394,000 TOTAL $638,000 4.3 Unit prices, if any, are as follows: Unit Price No: 1 Rock Excavation & Disposal $50.00 cu.yd. AlA DOCUMENT. A1Q1 . OWNf:R.CONTRAcr~N;;ItEEM~ · 'IWELfTH EDITION · AlA~ · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A V!NlJE, N.W., WASHINGTON, D.C. 20006 A101.1987 3 'rF ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Swn to the Contractor as provided below and elsewhere in the Contract Documents. -5.2 The period covered by each Application for Payme~t shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the Twenty-fifth day of a month, the Owner shall make payment to the Contractor not later than the tenth day of the followingmonth. 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 twenty (20) days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the 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 and 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. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. 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 to!.'!1 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 1 0 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum 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 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para. graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall detemline for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional anlounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If il is inlended, prior 10 Subslantial Complelion o/Ibe ell/ire Work, 10 reduce orlimitlbe retainage resulting/rom tbe percentages inserted in SubjJCIra- !Vaphs 5.6.1 and 5.6.2 abo/'e. and this is 'lOt explahwd elsewhere hi/he Contract Documents, insert bere provisions/or such reduclion or limitation.) AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION . AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A101-1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive fmal payment; and (2) a final Certificate for Payment has been issued by the Architect; such fmal payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. '7.2 Payments 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. (/mert rate oj interest agreed upon, if any.) NONE (Usury laws and requirements under the Federal Truth ill Lellding Act, similar state alld local COllsumer credit laws and other regulatiolls at the Gumer 's mid Call tractor 's prillcipal places oj business, tbe location oj tbe Project and elsewbere may aJJect the l1alidity oj tbis prol1isioll. Legal adl1ice sbould be obtained witb respect to deletions or modificatiolls, mId also regarding requirements sucb as written disclosures or waillers.) 7.3 Other provisions: N/A ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006 Al01-1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS '.-'. 9.1 The Contr2Ct Documents, except for ModUlations issued after execution of this Agreement, are enumer2ted as follows: 9.1.1 The Agreement is this executed Stlndard Form of Agreement Between Owner :md Contr2Ctor. AlA Document Al 01, 1987 Edition. 9.1.2 The Gener:al. Conditions m: the Gcncr2J Conditions ofthc Contract for Construction. AlA Document A201, 1987 Edition. 9.1.3 The ~1:ae?~ Conditions of the Contt2ct m: those conl2incd in the Project M2nual dated .. y, . and m: 2S follows: Document DIVISION ~ TItle mNDITIONS OF THE mNTRAcr P2ges Section F Section G Section H Section I Section J Perfonnance Bond Paynmet Bond General Conditions Modifications to the General Conditions Contract Closeout 2 2 24 4 .2 ~"--_4' 9.1.4 The Spedfications are those conained In the Proiect Manual dated as in Subparagraph 9.1.3. and are as follows: Section TItle Pages DIVIDION ~ - TECHNICAL SPECIFICATIONS 02200 Earthwork 14 02280 Soil Treatment 4 02400 Site Drainage 7 02410 Subsurface Drainage 3 10 02441 Irrigation System 5 02444 Fencing 6 02485 Hydro-Seeding 02489 Textured Ny Ion Synthetic Turf 3 02490 Trees, Plants and Ground Covers 9 02513 Asphaltic Concrete Paving 8 02514 Brick Paving 5 02515 Concrete Curbs, Walks and Paving 10 02636 Sul:Jnersible Package Pump Station 5 02875 Pre-fab Buildings 2 06100 Rough Carpentry 5 16 02815 Fountains . 2 02980 Park Equipnent 10 16000 General 16010 Lighting and Power Panelboards 3 2 16015 Fuses 6 16020 Raceways 3 .......--' 16030 Conductors 16040 Outlets 2 (over) AlA DOCUIIENT A101 . OWNER<ONTRAcrOR AGR!I!MI!In' . T'WELPTH EDmON . AJAe . CI987 A101.1987 & THE AMERICAN 1NSTlTt1T! OF AACHJT1!CTS. 173S NEW YORK AV!NUE, N.... WASHINGTON, D.C. 20006 Section 16050 16060 1 6070 16090 16100 16110 16120 16130 1 6220 Title Pages Wiring Devices and Device Plates Lighting Fixtures and Lamps Disconnect Switches Photo Control and Contactor Pull Boxes and Junction Boxes and Fittings Grounging Equipnent Identification Telephone Conduit and Outlet System Construction Review Inspection and Testing 4 2 2 1 1 6 1 1 2 " 9.1.5 The Drawings are as follows, and are dated (Either list the Drawings here or refer to a1l exhibit attacbed 10 tbls Agreeme>lf.) Number Title unless a different date is shown below: Date C-1 C-2 C-3 C-4 C-S C-6 C-7 C-8 C-9 L-1 L-2 WFS- 1 WFS-2 WFS-3 A-1 A-2 A-3 A-4 A-S E-1 E-2 Existing Survey Plan Site Grading & Drainage Plan SESe Plan Utili ties Plan Staking Plan Drainage Details Utili ty Details Miscellaneous Site Details SESe Details Landscape & Irrigation Plan Landscape & Irrigation Details Fountain Schematic Plan Fountain Area Enlargement Fountain Details Comfort Station Plan Elevations Building Sections Roof Plan & Details Slab Plans Site Electrical Plan Electrical Details 9.1.6 The addenda, if any, are as follows: Number Date Pages Addendum no. 1 Jan. 2, 2003 3 Addendum no. 2 Jan.29, 2003 6 Addendum no. 3 Jan.30, 2003 2 Addendum no. 4 Feb.12, 2003 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AlA DOCUMENT A101 . O\VNER-CONTRACTOR AGREEMENT. TWELFTH EDITION . A1A~ . @1987 THE AMERlCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List bere any additional documents wbich are intended to fonn part of tbe Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and tbe Contractor's bid are not part of the Contract Documents unless enumerated in tbis Agreement. They should be listed bere only if intended to be part of tbe Contract Documents.) '!be provisions set forth in Exhibit a, attached hereto, are specifically inc:orporated by reference. Section A Section B Section C Section D Section E Invitation to Bid Information for Bidders Bid Proposal Form Bid Bond Standard Form of Agreement 1 3 2 2 9 This Agreement is entered into as of the day and year ftrst written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. rf (Signa'"") $4st: CONT~CTOR ~ / (Jl /V'I . R (Signature) y /J t-I N /ff2 AA f3-g If) C A/7 -- /i9NY (Printed name and title) AlA DOCUMENT A101 . OWNER-CONTRACfOR AGREEMENT. TWELFTH EDITION. AlA"' . @1987 THE AMERICAN INSTITUTE OF ARCHITECfS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 8 WARNING: Unlicensed photoCopying violates u.s. copyright laws and Is subJect to legal prosecution. \.~ EXHIBIT A This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. END OF SECTION 9 ADDENDUM 1 TO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACfOR 1. This Agreement is intended by the Parties to, and does, supersede any an all provisions of the Georgia Prompt Pay Act, O.C.G.A. ~ 13-11-1, et. seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control . 2. Claims, disputes or other matters in question between the. parties to this Agreement which arise out of or relate to this Agreement or a breach thereof shall be deci.ded in the Superior Court of Richmond County, Georgia " ",. 10