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Home My WebLink AboutR W ALLEN LLC EAST CENTRAL GEORGIA REGIONAL LIBRARY OWNER-CONTRACTOR AGREEMENT OWNER-CONTRACTOR AGREEMENT THIS CONSTRUCTION CONTRACT ("Contract") made this 19th day of August, 2008, by and between R.W. Allen, LLC, ("Contractor"), whose address is 1015 Broad Street, Augusta, Georgia, 30901, 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: "New East Central Georgia Regional Library," located 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: SIXTEEN MILLION TWO HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS ($16,287,000.00). This amount equates to the Base Bid amount. 3. Options to Contract: The Owner and the Contractor agree that the Owner retains the right to accept the following Alternate Bids from the Contractor, thereby incorporating herein the Work associated with said Alternates, subject to expiration dates noted herein: Alternate Description Amount Option Expiration 1 Stainless steel toilet partitions $13,000.00 December 1, 2008 2 Linoleum flooring $35,000.00 December 1, 2008 ~.s i",,&\ Demolition and site improvements $127,000.00 June 1, 2009 ~ to 425 9th Street Should the Owner exercise'Options for Alternates 1 and/or 2, there will be no change in the required Date of Substantial Completion. Should the Owner exercise the Option for ~ Alternate;i ~"'Work under Alternate 3 will not be considered in determination of the Date of Substantial Completion Date or liquidated damages. 4. The Substantial Completion Date shall be achieved within 547 consecutive calendar days beginning the date specified in the Notice to Proceed. 5. The agreed daily amount for Liquidated Damages is: $3000.00 per day. 6. Notice. All notices in accordance with the General and Special Conditions of the Contract shall be given to the following addresses: 005200-1 OWNER-CONTRACTOR AGREEMENT CONTRACTOR: R.W. Allen, LLC 1015 Broad Street Augusta, GA 30901 Attention: Scott Clark Phone Number: (706) 733.2800 Facsimile Number: (706) 733.3879 Augusta Richmond County Administrator 530 Greene Street Room 801 August, Georgia, 30911 Phone Number: (706) 821-2400 Facsimile Number: (706) 821-2819 OWNER: 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 ARCHITECT: Studi03 Design Group 1617 Walton Way Augusta, GA 30904 Attn: Dee Beaird 706.667.9784 706.667.9786 - Fax USING AGENCY: East Central Georgia Regional Library 902 Greene Street Augusta, GA 30901 Attn: Gary Swint Phone Number: (706) 821-2605 Facsimile Number: (706) 724-6762 7. 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. 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, etc. c. Attend Pre-Construction Conference with Owner Representatives. d. Obtain and pay for all required permits, taking into account all applicable laws and regulations. 00 52 00-2 OWNER-CONTRACTOR AGREEMENT e. Demolish existing buildings, structures and utilities as required by the Contract Documents. All salvageable materials will become the property of the Contractor, unless specifically noted otherwise f. Erect new library facility and appurtenances, as required by the Contract Documents. g. Subject to acceptance of Alternate 3, demolish existing Audio Visual (Library Annex) building and redevelop site, following completion of the new Library, as indicated by the Contact Documents. 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. 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: Item Description Unit Bid Unit Price 1 Machine excavate common earth or clay; deposit and Cu. yd. $3.50 compact elsewhere on site 2 Stone backfill (no. 53 compacted in place) for trenches Cu. Yd. $60.00 3 Enoineered backfill for undercut or overexcavated areas Cu. yd. $18.00 4 Removal of unsuitable soils Cu. Yd. $11.00 5 Rock removal Cu. Yd. $138.00 6 Auoer cast pile - compression LF $81.00 7 Auger cast pile - tension LF $27.00 00 52 00-3 OWNER-CONTRACTOR AGREEMENT 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. 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. 00 52 00-4 ATTEST: /JfIJfJU~40/1.i4 R.W. Allen, LLC :~.I~:~~ - OWNER-CONTRACTOR AGREEMENT IN WITNESS WHEROF the parties hereto have executed this Contract the day and year first written above. CONTRACTOR Scott A. Clark, President and Chief Operating Officer Seal OW N E R . . . <Ii ''ai'' '.. . ',.' ~ ~\ B~~~f;~~~jftJnmission t.,. 0 l!.ST. . AI n 0",- IIl'l' .0 d '+ ..... ..., _ ....oe... .., -\\-.. GEORG\~ _-- "",,,-,,,,,_... Augusta Richmond County, a political Subdivision of the State of Georgia acting by and through the :~~us~commiSSion Deke Copenhaver, Mayor ~&q\di " '., .1" ..,1" "'Z. 00 52 00-5 INSURANCE AND BONDING INSURANCE AND BONDING The Contractor shall procure at his own expense the insurance coverage listed below, and shall furnish the Owner an insurance certificate listing the Owner as the certificate holder, and, along with the Owner's Representative, an additional insured. Current certificates documenting required coverage shall be submitted to the Owner's Representative, within four calendar days of Notice to Proceed. All required insurance certificates must provide the following: a. Name, address and telephone number of authorized agent b. Name and address of insured. c. Name of insurance company(ies) d. Description of policies e. Policy number(s) 1. Policy period(s) g. Limits of liability h. Name and address of Owner as certificate holder i. Project name and number j. Signature of authorized agent k. Mandatory thirty day notice of cancellation or non-renewal (except ten days for non payment) Each of the insurance coverages required below (i.) shall be issued by a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance, and (ii) shall be an insurer for, for qualified self- insureds or group self insureds, a specific excess insurer providing statutory limits with a Best Policyholder's Rating of "A-" or better. The insurance company(ies) agree that the policy shall not be cancelled, changed, allowed to lapse or allowed to expire until thirty days after the Owner has received written notice thereof. The policy shall not be subject to invalidation as to any insured by reason of any act or omission of another insured or any of its officers, agents or representatives. All deductibles shall be paid for by the Contractor. The minimum required coverages and liability limits are as follows: Commercial General Liability Insurance: The Contractor shall provide Commercial General Liability Insurance (2001 ISO Occurrence Form or equivalent) that shall include, but not be limited to, coverage for bodily injury and property damage arising from premises and operations liability, products and completed operations liability, blasting and explosives, collapse of structures, underground damage, personal injury liability and contractual liability. The CGL policy must include separate aggregate limits per Project and shall provide at a minimum the following limits: Coveraae Limit 00 61 00-1 INSURANCE AND BONDING 1. Premises and Operations 2. Products and completed operations 3. Personal Injury 4. Contractual 5. General Aggregate $1,000,000 per occurrence $1,000,000 per Occurrence $1,000,000 per Occurrence $1,000,000 per Occurrence $2,000,000 per Project Emplover's Liability Insurance: The Contractor shall maintain Employer's Liability Insurance Coverage with limits of at least: (i.) Bodily injury by accident (ii.) Personal injury by disease -$1,000,000 each accident, and -$1,000,000.00 each employee The Contractor shall require that all Subcontractors performing Work under this Contract maintain equivalent Employer's Liability Insurance Coverage, or the Contractor shall provide coverage to said Subcontractors under his own policy. Commercial Business Automobile Liability Insurance: The Contractor shall provide Commercial Business Automobile Liability Insurance that shall include coverage for bodily injury and property damage arising from the operation of any owned, non-owned, or hired automobile. The Commercial Business Automobile Insurance Policy shall provide not less than $1,000,000 Combined Single Limits for each occurrence. Commercial Umbrella Liability Insurance: , The Contractor shall provide Commercial Umbrella Liability Insurance to provide excess coverage above the Commercial General Liability, Commercial Business Automobile Liability and the Worker's Compensation and Employer's Liability to satisfy the minimum limits set forth herein. The umbrella coverage shall follow from with the Umbrella limits required as follows: $2,000,000 per Occurrence $10,000,000 Aggregate Worker's Compensation Insurance: The Contractor shall provide Worker's Compensation Insurance covering all employees of the Contractor and any uninsured sub-contractor, in accordance with Georgia statutory limits. A group insurer must submit a certificate of authority from the Insurance Commissioner approving the group insurance plan. A self-insurer must submit a certificate from the Georgia Board of Worker's Compensation stating that the Contractor qualifies to pay its own workers' compensation claims. The Contractor is responsible for verifying that Subcontractors performing work on the Project are covered by their own Worker's Compensation Insurance, or they must be covered under the Contractor's policy. Bonds Within 4 calendar days of Notice to Proceed, the Contractor shall submit Certificates of Insurance as described herein, and a 100% Performance Bond and Labor and Materials 00 61 00-2 INSURANCE AND BONDING Payment Bond in accordance with the following. No material deviation from this language will be accepted. These documents must be filled out completely and notarized with appropriate power of attorney form attached. The bonding company must appear on the Federal Register of approved companies, and the company must be licensed to do business in Georgia as approved by the State Insurance 'Commissioner's Office. 00 61 00-3