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HomeMy WebLinkAboutPark Construction and Renovations Warren Road Park Augusta Richmond GA DOCUMENT NAME 17M t C Dfl5rrvJIO/l 0 f1 cI R e/l D JIl.J- ,0Yl'5 ~((en Koo.-d ?wK DOCUMENT TYPE: 09Ye/2mlAr YEAR: ! 9 it BOX NUMBER: FILE NUMBER: /~~30 NUMBER OF PAGES: q r ~H E A,M E R I CAN NSTITUTE o F ARC.H I TEe T S AlA Document Al 01 Standard Form of Agreement Between Owner. a'nd Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION . THIS DOCUMENT HAS IMPORTANTLEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AlA Document A201, 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 I~ MIti~ -- ~/x BETWEEN the Owner: Augusta-Ricimond County Consolidated Goverrment (Name and address) 530 Greene St. Augusta, GA . 30911 made as of the Nineteen Hundred and day of ~ in the year of and the Contractor: Blair Construction, . Inc. (Name and adaress) P.O. Box 770 Evans, GA, 30809 The Project is: (Name and location) Park ConstrUction - & Renovations Warren Road Park The Architect is: Roger W. Davis Landscape Architect, Inc. 120 FifthSL Augusta, GA 39901 (Name and address) The Owner and Contractor agree as set forth below, Copyright 1915, 1918,1925,1937,1951,1958,1961,1963,1967,1974, 1977, @1987byTheAmerican Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. 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 A101-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. .. 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 prio~ to execution of this Agreement, other documents listed in this Agreement and ModificatiOlwissued after executioll of this Agreement; these form the Contract, and are as fully a part of the C~)t1tract as if attached . to this Agreement or repeated herein. The Contract rei)resepts 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 Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, exceptto the extent specifically indicated in the Contract DQcuments ~o. be the responsibility of others, or as follows: 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 measured, and shall be the date of this Agreement, as first written 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. ' (I/lsert the date of comme/lCemellt, tf it dIffers from the date of tbis Agreemellt or, if applicable. state tbat tbe date will be fixed ill a lIotice to proceed.) Date of CCIIIIEllcenent shall'be stipulated in: the "Notice to Proceed" Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the . Owner in writing not less than five days before coml'nencing t!le Work to permit the timely filing of mortgages, rnechanic's liens and other security" interests, . 180. 'consecutive' ,ciUendar days after-the date of the "Notice to Proceed" 3.2 The Contractor shall achieveS~bstantiarCompletionoftheentire Work not later than . . (Insert (be calendar date or Ilumber oj calendar.days aJte,.- {be (ia/~ of cOlllinencement. A/so insert (/Ily're(juiremelltsfor ear/~<;" Substantial Completion oJ eer. lain portions oj the \f1ork, If 110/ stated elsewbere in the C{.Jl1tract IJocunlell~.\'.) , subject to adjustments of this Contract Time as provi~fd in t~e Contract Documents. (Insert P,'uuis;ol1s, if any, for liqu~dated damages.relating-Io fa!/t're 10 co/up/ele 011 tinw) AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH E[)1TI0N · AlAI!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 2 WARNING: Unlicensed photocopying violates U,S, co~rlght laws and Is subjeCt to legal prosecution, 1 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of three hUndred thirty-nine thousand one hundred fifty and no/100s ~ollars (5 S339, 150 _ 00 . . ), 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, which are described in the Contract Documents ~d are hereby accepted by the Owner: . (State the numbers or other identification of accepted alternates. If decisions on other alternates are to he made by the Owner suhsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until wbicb tbat amount is valid.) Alternate #1 Alternate #2 Alternate~:;#3 Alternate #4 Alternate #5 Alternate #6 4.3 'Unit prices, if any, are as follows: None AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION . AIA~ · @I987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 3 WARNING: Unlicensed photocopying violates U,S, copyright laws and Is subject to legal prosecution, 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 Sum to the Contractor as provided below and elsewhere iri the Contract Documents. . 5.2 The period covered by each Application for Payment shall be one calendar month ending on'the last day of the month, or as follows: . 5.3 Provided an Application for Payment is received by the Architect not later than the Twnetv-Fifth . " day of a month, the Owner shall make payment to the Contractor not later th;m 'the Tenth day of the following month. If an Application for payn-ient is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than twenty(20) . . d;lYS after the Architect receives the Application for Payment. ' 5.4 E;ich 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 ;tllocate the entire Contract Sum ;uilOng the various portions of the \Vork and be prepared in such form and sup'ported by such data to substantiate its accuracy as the Architect may req'uire. This schedule, unless objected to by the Architect, sh;ill'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 ailocable to completed Work as determined by multiplying the percentage . completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten' percent (10 %). Pending final determination of c()st 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 Genefal Conditions even though the Contract Sum has not yet been adjusted by Change Order; . . 5.6.2 Add that portion of the Coiltract Sum prOperl); allocable to material~ and equipment delivered and suitably s'tored 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 ~cco'rdance with Paragraph 5.6 shall be funher modified under the following circumstances: . . . 5.7..1. Add, upon Substantial Completion of tlie- Wor~, ,a sum sufficient to increase the. total payments. to ninerv . .' . , . . percent (' 90 . ':Yo) ott11e Contract Sum, less such amounts as the Architect shall determine. for incomplete Work and unsettled claims; ;md . 5.7.2 Add, if fin~1 completion of the Work is thc~eafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph,9.l 0.3 of the General Conditions. . 5.8 Reduction or limitation of retainage; if any, shall be as follows: (~r i/ t."; intended, prien" to S'uhstanlial Completion of /be entire \\i'ork, to reduce or limit Ibe re/aillage resul/ingfro11llbe percell/ages inserted ill Subpara- graph..- 5. 0.1 (lnd 5.6.2, ({bOl'e, (Iud Ibis is no/ e~\1)lailled el:..-ew!Jure ill Ibe C~)ntrllct Docl/ments, insert here pro't.,isiolls for sue/) reauctiOIl or limitlltiUIl.) 'AIA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT.. TWE1.FTH EDITION. AlA'" . @1987 THE MIERICAN INSTITUTE OF ARCHITECTS, 1735l'!EW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 . . - . ~ ~ .. . Al0l.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 (I) 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 final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final 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. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending ACI, similar state and local consumer credit/aws and otber regulations at the Owner's and Contractor's principal places of husiness, the location of the Project and elsewbere may affect tbe validity of this provisioll. l.egal advice should he ohtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 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 . AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 5 WARNING: Unlicensed photocopying violates U,S, copyright laws and Is subject to legal prosecution, ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS ,. 9.1 The Contract Documents, except for Mci~difications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The A~reement is this executed Standard Form-of Agreement Between Owner and Contractor, AlA Document AlOl, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document A20'l, 1987 Edition., 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated '. July 29, 1996 '.' ,and are as follows: . Document Title Bid Bond Perfonnance Bond paynent Bond General Conditions . ~fications to the General Conditions Pages 0-1 to D-2 F-1 to F-2 G-1 to G-2 Ito 24 1-1 to 1-4 9.1.4 The Specifications are those cont~ined in. the Project Manual dated as in Subp~agraph '9.1.3, and are as follows: (/iitbe.- list tbe Specifications bere or rcfer to au exl1ibit altacbcd to tl1is Agrccmcl/t.} Title Section 02000 02060 02100 02200 . 02400 02513 02515 1148 16000 16010 16015. 16020 16030 16040. 1605<) . 16060 16070 16090' 16100 . 16110 16120 16205 16210 Site \obrk Dennlition Site Preparation EarthWork . Site Drainage . Asphaltic .Concrete Paving. Concrete .Curbs, Walks and Paving Play Equiprent General (Electrical ) Lighting and PoWer Panelboards' Fuses' . 'Conduit ConductOrs Outlets .-; Wiring Devices and DeVice Plates. Lighting Fixtures and I.arrps;;: Disconnrct - SWit<::ges, Photo Control. and.-Contactor. Pull BOxes and Junction. Boxes and Fittings Grounding, " . . . Equiprent Identification 'Concrete F1odlightrng' Poles . Construction Reviews Inspection' and Testing Pages :. ..~(k{r 02000-01 to 02000-02 02060-01 to 02060-03 02100-01 to 02100-03 02200~01 to 02200-09 02400~01 to 02400-08 02513~01 to 02513-08 02515-01 to 02515-08 1148-01 to 1148-02 . :16000-1ltb ,16000~9 16010-1 to 16010-3 16015-1 to 16015-2 16020-1.to 16020-6 16030-1 to 1~030-2 ,16040-1 to 16040~2 16050-1 to.16050-4 16060-1 to 16060-2 16070~1 to 16070-2 1~090-1 16100-1 . 161JM)-1 tol16ililliO-2 16120-1 . - 16205-1 to 16205-5 - 16210-1 to 16210-2 AlA DOCUMENT A101' OWNER-CONTRACTOR "AGRE~MENT' -TWELFTH EDITION' AlA'" . @1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YOR~ AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed phot~copying violates U.S. copyright laws and Is subjecHo legal prosecution. A101-1987 6 9.1.5 The Drawings are as follows, and are dated (Eitber list tbe Drawings bere or refer to an exbibit al/acbed to tbis Agreement.) unless a' e1ifferent elate is shown below: C6 Title Warren Road. Park staking Plan Warren Road Park Grading Plan piaygroung. Enlargenent Plan for Flagler and Warren. Road Parks Mise. Details for Picnic Shelter - Warren Road Park Mise. Details for Flagler & Warren Road Parks Site Plan for Warren ROad Park(EleCtrical) Detail Sheet (Electrical) Date Number CI C2 CS' July 29,1996 " " n C7 E2 E3 " II " 9.1.6 The adden~a, if any, are as follows: Number Date Pages :None{ 1 10-15-96 1 (one) 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 . OWNER-CONTRACTOR AGREEMENT . TWELFT~I EDITION' AlA'" · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 . . - A101-1987 7 WARNING: Unlicensed photocopying violatesU,S, copyright laws and is subject to legal prosecution, ~ 9.1.7 Other documents, if any, forming part of the Contract Documents are ~. follows: (List here any additional documents which are intended to form part of tbe C61l1ract Documents. Tbe Gcmeral ConditiollS pro'vide tbat bidding requireme1'lts sucb as advertisemerzt or imJitation to bid, IllStruetiollS to Bidders, sampie forms and Ibe Contractor '5 bid are not pari of tbe Controct Documenls uilless enumerated in tbis Agreemelll. Tbey sbould be listed bere'only if intended to be part of tbe Contract DOCWlle1'lts.) Advertisenent for Bids Infonnation for Bidders Bid P:r'oposal Forni .', This Agreement is entered into as of the day and year first 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.' ,,~,;1~; ~ ~,~. ~ \., '. ~. t), r.'!#- ~, '~ ~ ..~~ S"",'/ '.",,~ - . . ~-~" If',) % CONTRACTOR lSlA/A.. e.ol-h5TIWc.fra'ON3,~..$h~ ~-_ ~ I A (\ /lJJ ~ ,AA 'f-: __ ~ ~ 2jf; /~~.~ ;~': l,<!,d/~/~^ rY~~ \'?;; '"<:-~.'~ g (Signa lure) -, C' " ~ ~ '''~. .; ..... '\ ., ~;.,,~ "I:' s Augusta-Richrrond Co. W , 1LI A..M- R., J.J..J..rT JAJ\E.i2... ~ PlU:..S_ (Printed name and title) /- (Printed name and title) 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 A101.1987 8 WARNING: Unlicensed photoCopying violates U.~.' copyright laws and Is subject to legal prosecutl,on, " ADDENDUM 1 TO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 1. 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. ~ 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 decided in the Superior Court of Richmond County, Georgia.