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HomeMy WebLinkAboutJ B CONSTRUCTION SERVICES CANDY FACTORY DEMOLITION 2 " . , OWNER-CONTRACTOR AGREEMENT A.......... THIS CONSTRUCTION CONTRACT ("Contract") made this \.0 day of November, 2006, by and between J & 8 Construction and Services, Inc., ("Contractor"), whose address is 3550 Gordon Highway, Grovetown, Georgia, 30801, and Augusta Richmond County, by and through the Augusta Richmond County Commission, for the benefit of the East Central Georgia Regional Library. WITNESSETH, that the Contractor and the Owner, for the consideration set forth herein, the adequacy and sufficiency of which is hereby acknowledged by each party, agree as follows: Project Name and Description: "Building Demolition of the Candy Factory," which includes hazardous materials abatement, followed by the demolition and disposal of several buildings, paving, site utilities and site appurtenances located on contiguous properties in downtown Augusta, Georgia (hereinafter the "Project"). 1. Existing Documents. The Contractor has reviewed and taken into consideration the Bidding Documents in preparing bid. 2. The Contract Sum: The Owner shall pay the Contractor for the performance of the contract, subject to additions and deductions provided by approved change orders, in current funds, the Contact Sum as follows: SIX HUNDRED NINETY-TWO THOUSAND, EIGHT HUNDRED AND NINETY-TWO DOLLARS ($692,892.00) 3. The Substantial Completion Date shall be achieved within 115 consecutive calendar days beginning the date specified in the Notice to Proceed. 4. The agreed daily amount for Liquidated Damages is: $750.00 per day. 5. Notice. All notices in accordance with the General and Special Conditions of the Contract shall be given to the following addresses: CONTRACTOR: J & B Construction and Services, Inc. 3550 Gordon Highway Grovetown, GA 30813 Attention: H. Jerome Jones Phone Number: (706) 650-1512 Facsimile Number: (706) 650-1513 Augusta Richmond County Administrator 530 Greene Street Room 801 August, Georgia, 30911 Phone Number: (706) 821-2400 Facsimile Number: (706) 821-2819, OWNER: 3 . , CONSTRUCTION PROGRAM MANAGER: Heery International, Inc. 501 Greene Street, Suite 313 Augusta, GA 30901 Attn: Bob Munger Phone Number: (706) 842-5543 Facsimile Number: (706) 821-2484 ENVIRONMENTAL ENGINEER: Earth Tech; Inc. 1455 Old Alabama Road Suite 1 70 Roswell, Georgia 30076 Attn: Jeff Morrison Phone Number: (770) 990-1439 Facsimile Number: (770) 649-8721 DEMOLITION ENGINEER: W. R. Toole Engineers, Inc. 349 Greene Street Augusta, GA 30901 Attn: Charlie Hall Phone Number: (706) 722-4114 Facsimile Number: (706) 722-6219 USING AGENCY: East Central Georgia Regional Library 902 Greene Street Augusta, Georgia 30901 Attn: Gary Swint Phone Number: (706) 821-2605 Facsimile Number: (706) 724-6762 6. Scope of the Work: The Contractor shall furnish all equipment, materials and labor to perform all of the Work and do all things required by the Contract Documents. Work includes hazardous materials abatement and demolition of the former Candy Factory and the former Liberty Loan Building, and their associated structures; and proper disposal of all materials related thereto. Specific Work tasks include: a. Within 14 calendar days of executed Agreement, submit General Work Plan to Owner's Project Manager, including scheduled completion of all major tasks. b. Prepare a Safety Plan and submit to Owner's Project Manager, within 14 days of executed Agreement. Plan should include emergency response procedures, discussion of potential hazards, personal protective equipment, air monitoring, etc. c. Attend Pre-Demolition Conference with Owner Representatives. d. Obtain and pay for all required permits, taking into account all applicable laws and regulations. e. Prior to demolition work, utilize an approved Pest Control Contractor to search for and exterminate rodents found on the property. 4 . ( f. Execute Owner's Abatement Plan, utilizing qualified environmental contactor. g. Cooperate and support environmental engineers in their abatement oversight duties, including air monitoring and abatement compliance inspections. h. Dispose of all hazardous waste in accordance with Abatement Plan and Local and State regulations. i. Protect all adjacent properties that may be affected by the demolition work, including historic homes and operating businesses. j. Install an eight foot high chain link fence with two ten foot gates to secure the site. Fence shall be placed prior to start of Work and shall remain in place until work is Substantially Complete, whereupon it shall be removed by the Contractor. k. Utilize water-based or other approved dust control methods to reduce migration of dust and debris onto adjoining properties. I. Completely demolish, remove and properly dispose of all on-site structures, including all subsurface foundations and site improvements, paving and existing pile or caisson foundations, including pile caps, to an elevation of 130.0, which is 4.59 feet below finished floor elevation of the main floor of the candy factory (FF= 134.59)', as related to benchmark USC&GS Augusta Long #2, Elevation = 135.81 (NVGD, 1929). m. Following demolition, provide topographical survey of site, indicating locations and sizes of all subsurface, residual foundations, including spread footings, pile caps and piles, above a depth of elevation 129.50, which is 5.09 feet below finished floor elevation of the main floor of the candy factory (FF= 134.59), as related to benchmark USC&GS Augusta Long #2, Elevation = 135.81 (NVGD, 1929). n. Provide spot elevations at top of said foundation structures and statement of elevation datum, using National Vertical Geodetic Datum (NVGD) 1929. Give location of benchmark used. o. Survey shall be produced by a State of Georgia Registered Land Surveyor, and shall be accurate to the nearest inch. Survey drawing shall bear signature and seal of a Georgia licensed land surveyor, with surveyor's certification that to the best of surveyor's knowledge, information and belief all information thereon is true and accurately shown. p. Completely demolish, remove and properly dispose of all subsurface site utilities, within the bounds of the properties, or cap and abandon in place, as indicated by the Site Demolition Drawing (to be issued via addendum), including water lines, sanitary sewer lines, storm drainage lines, gas lines, electrical lines, communication lines etc., and all associated manholes and structures. Coordinate all utility work with appropriate 5 . . .' authorities, including Augusta Utilities, Georgia Power, BellSouth and the natural gas company (Atlanta Gas Light). q. Provide traffic control as needed. r. Contact all necessary utility companies for all appropriate disconnections of service and arrange for removal of any utility-owned equipment. s. Remove all rubble and debris from the property, transport and dispose of non- salvageable demolition materials in accordance with Local and State regulations. It is anticipated that Contractor will utilize the Augusta-Richmond County Landfill for disposal. t. Provide evidence of proper manifests and disposal procedures, including delivery receipts at permitted disposal facilities. Include type of materials, type/location of facility, date of delivery and tipping fee paid. u. Upon completion of the demolition work, backfill all excavations with compacted, engineered fill, in 6 inch lifts before compaction, in accordance with Owner's geotechnical engineer. In no case shall compaction be less than 95% of the maximum density as determined by ASTivi 0698. v. Comply with all Federal, State and Local regulations. w. Conduct earthwork, rough grading, soil compaction, backfilling and installation of porous fill as indicated herein and as indicated on the forthcoming site demolition plan, to be issued via addendum. All salvageable materials will become the property of the Contractor, unless specifically noted otherwise. ' 7. Schedule and Completion: The Work shall commence upon issuance of the Notice to Proceed and be completed within the time period specified herein and in accordance with the General Conditions of the Contract. 8. Periodic Progress Payments: The Owner shall make progress payments, less retainage, as set forth in the General Conditions of the Contract. Invoices shall be addressed to the Construction Program Manager. The terms of this instant agreement supersede any and all provisions of the Georgia Prompt Pay Act. 9. Payment for Substantial and Final Completion: The Owner shall make payments for Substantial Completion and Final Completion as set forth in the General Conditions of the Contract. 10. Contract Documents: This Contract, together with The Bidding Documents, General and Special Conditions of the Contract, constitute the Contract Documents for the Project. 6 11. Bonds. The Contractor shall furnish both a Performance Bond and a Payment Bond and shall pay the premiums thereon as a cost of the Work. The Performance Bond shall guarantee the full performance of the Contract. 12. Unit Prices: Should changes in the scope of Work be required, as related to the following, the cost of such changes shall be consistent with these unit prices: a. Pile caps demolition and disposal - $82.00/cubic yard b. Spread or strip footings demolition and disposal - $62.00/cubic yard c. Backfill with compacted, engineered fill to at least 95% of maximum density, per ASTM D698 - $25.00/cubic yard d. Cut and haul off of earthwork - $32.00/cubic yard 13. Applicable Law: This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 14. Dispute Resolution: Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of Richmond County, Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 15. No Conflict of Interest: The Contactor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance required under this Contract. The Contractor further covenants that, in the performance of this Contract, it shall neither contract with nor employ any person having any such interest. 16. No Assignment: This Contract and the proceeds of this Contract may not be assigned or sublet as a whole, nor may the performance thereunder be assigned, without the prior written consent of the Owner. 17. No Waiver: The failure of the Owner at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Owner thereafter to enforce any provision or any part of the Contract, nor shall the failure of the Owner to enforce any breach of any provision hereof to be taken or held to be a waiver of such provision, or as a waiver, modification or rescission of the Contract itself. 7 .. 18. Full Agreement: The Contract Documents superseded all prior negotiations, discussion, statements and agreements between the Owner and Contractor and constitute the full, complete, and entire agreement between Owner and Contractor. There can be no changes to this Contract by oral means, nor by course of conduct of the parties, nor by custom of the trade. No changes to this Contract will be binding on either party hereto unless such change is properly authorized, in writing, in accordance with Article GC-12 of the General Conditions. 11III": . . IN WITNESS WHEROF the parties hereto have executed this Contract the day and year first written above. J & B Construction and Services, Inc. a Georgia c ration CONTRACTOR NOTARY -A=R=E&l: ~~A-.~ By: H. Jerome Jones, Preside Seal My Commission Expires: 7/29/07 OW N E R ATTEST: Augusta, Georgia, a political Subdivision of the State of Georgia Acting by and through the)3ichmond JI1~ . COU(J':mmiSSion ^" ~-c.,.. '" AJq~~~RI,>>;t~ By: J-- '8ma-BOOHEW-; Clerk of Commission Deke Copenhaver, Mayor z~