HomeMy WebLinkAboutCapers & Associates Inc.
Augusta Richmond GA
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DOCUMENT NAME: ~A-(J~3 ~ A S.~c.iA-TE: s;. Tr-Jc..
DOCUMENT TYPE: A '5 rzE: t:: rn ~NI
YEAR:
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BOX NUMBER: \ ~
FILE NUMBER: ) Le [PO ,
NUMBER OF PAGES:
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CAPERS & ASSOCIATES, INC.
1912 North Leg Road
Augusta, Georgia 30909
Telephone (706) 739-0095
AGREEMENT
THIS CONTRACT, made this 1 ih day of December, 2002 between Augusta, Georgia, a political
subdivision of the State of Georgia, having its principal place of business at 530 Greene Street,
Augusta, GA 30911 (Herein known as "Owner"), and Capers & Associates, Inc., a Georgia Corporation
(Herein known as "Contractor").
WITNESSETH: In consideration of the undertakings herein Owner and Contractor agree as set forth
below.
OF
Contractor shall provide general administration of the contract,
interpret requirements of the Contract Documents, and perform all the
Work required by the Contract Documents to perform restoration work
on Ezekiel Harris House on Owner's property located at 1822 Broad
Street, Augusta, GA in accordance with the request for proposals
(attached) RFP #02-113A Restoration of the Ezekiel House for
Augusta, GA Public Works.
STATEMENT
THE
WORK
Contractor is authorized to proceed with the Work on the basis of the
documents enumerated above which have been signed by both parties
and which are incorporated and made a part of the Contract.
Contractor shall provide, when needed, such further detail construction
drawings and specifications as may be necessary to complete the
Work. All tracings, drawings, blueprints and specifications provided
by Contractor shall be the property of Contractor.
Contractor shall use all reasonable efforts to substantially complete the Work
within 140 calendar days after receipt of building permit, Owner's approval of
detailed drawings and specifications when required, possession ofthe site and
all other documents or facilities to be furnished by Owner as herein provided.
TIME
As used in this Contract "substantial completion" shall mean the date on which
Owner occupies any portion of the premises or moves any equipment or property
onto the premises, or the date on which Contractor notifies Owrier in writing
of the completion of the building, whichever occurs first.
OF
COMPLETION
SUM
Owner shall pay Contractor for the Work described herein subject to addition
and deductions by change order provided for below, in current U.S. funds, a
total sum of one hundred and eighty-two thousand one hundred and eighty-
eight ($182,188,00) dollars. The total sum may be increased or decreased by
approved change orders,
CONTRACT
Page I of6
December 02
lf$N
PAYMENTS
On or about the first day of each month, the Owner will receive an invoice for
work completed and materials on hand during the course of the preceding
month, Payment for this invoice is due to the Contractor within ten days of
receipt of invoice, Should the Owner fail to pay any sum when due andlor
otherwise breaches this contract, the Contractor shall have the right to
terminate this contract and recover for all work performed hereunder, including
a reasonable profit.
Owner hereby designates Mr. Erick Montgomery as its Representative during
the construction period with authority to approve changes in design or
construction and to inspect and approve workmanship and materials, Owners
Representative shall make regular visits to the site to observe progress and
quality of the Work and determine compliance with the Contract Documents.
Owner's Representative will make all decisions on behalf of Owner as required
but will not be responsible for construction means, methods, techniques,
sequences or procedures. Any changes to the scope of work that precipitate a
change in the cost of the project must be reviewed by the Assistant Director of
Public Works, Facilities Management Division prior to proceeding,
OWNER'S
RIGHT TO
BUILD
OWNER'S
REPRESENTATIVE
Owner warrants that it owns or has the right to construct buildings on the
property upon which the building is to be constructed or other work done and
further warrants that said Work will not violate any restrictions, zoning
ordinances or other laws.
Owner shall immediately furnish the necessary site, access thereto, and easements,
if any, for the Work and for the proper handling of materials and supplies, Owner
shall permit Contractor and its subcontractors the free use of water, air, light, power,
heat and other facilities, if such are available at the location of the Work.
ACCESS TO
PROPERTY
AND
SURVEY
If the cost of the Work is increased by any act or neglect of Owner, it's Representative
or any contractor employed by Owner or by changes or alteration in the Work, strikes,
lockouts, fires, embargoes, windstorm, flood, earthquake, acts of war, public laws,
regulation, or acts of public officials or by any other cause beyond Contractor's
control, the amount of such increase shall be added to the Contract Sum set forth
herein. Contractor shall not be liable for loss, damage, delay or failure of delivery
or completion of the Work resulting from such causes set forth herein.
PERMITS
Contractor shall undertake to secure a building permit, if one is required, on
the basis that the building is to be used as indicated above. The cost of the
permit shall be included in the Contract Sum set forth above. Site plan
submittals & permits shall be obtained by the Owner, If any changes in said
drawings and specifications are required to secure the permit, such changes
shall be made by Contractor subject to the approval of Owner and the Contract
Sum set forth above shall be adjusted accordingly, All permits relating to the
Work of subcontractors shall by obtained by, and all such permits and all
inspection fees shall be paid by, the subcontractor who's Work requires such
permits and payment of such fees, Water and sewer tap fees are by the Owner.
INCREASES
IN COST
OR DELAYS
IN WORK
Page 2 of6
December 02
fIV
OVERTIME
This agreement is based on labor rates at the construction location for an eight-
hour day and a forty-hour week, or such shorter work period as may be
regularly established by law. If Owner orders overtime Work, which will
require premium pay, Contractor will be entitled to add such premium pay to
the Contract Sum, plus a reasonable overhead and profit.
Owner or its Representative prior to completion of the Work specified herein
may order in writing changes in the said Work. If Owner orders extra work
or makes changes altering, adding to or deducting from the Work set forth in
this Contract the Contract Sum and the Completion Time set forth herein shall
be adjusted accordingly. Such adjustments shall be agreed to in writing by Owner
and Contractor before starting the extra work or implementing the changes.
CHANGES
OWNER'S
If site and/or foundation work are not included in this Agreement, and are
delayed in preparation so construction cannot proceed, Contractor will
withhold shipment and other construction activities if notified in writing at
least ten (10) days in advance of Contractor's planned shipment date or
beginning construction date. If such notice is not received, Owner shall provide
storage giving protection against the weather, be responsible for loss or
damage to materials, and shall reimburse Contractor for additional costs
incurred by him because of such failure to notify, including but not limited to
demurrage and/or costs of unloading, reloading, and hauling materials. The
construction time set forth above shall be automatically extended for a period
equivalent to the delay,
RESPONSIBILITY
Owner shall schedule any other operations at the site so the work of Contractor
may be carried out in one continuous operation, and in proper sequence, Until
Contractor's Work on any portion of the project is completed and accepted,
Owner will not permit any other workmen, contractors or subcontractors to
work at or in the immediate vicinity of that portion of the project without
giving Contractor their names in writing and obtaining Contractor's written
consent before such work is begun. Owner will not engage any of Contractor's
subcontractors to do any work elsewhere on the premises unless approved in
writing by Contractor, Owner agrees to indemnify Contractor for any injury or
damage at the jobsite caused by Owner's acts or negligence.
Should concealed, unusual, unexpected and/or unrecorded conditions be
encountered, either overhead or underground, including but not limited to
rock, buried foundations or structures, underground or excessive water,
earth fill or abnonnal soil conditions which may require extra deep or wide
excavations, concrete footings, or foundations at variance with plans approved
by Owner, demolition of existing structures or foundations, Contractor will
advise Owner of conditions encountered and, if Owner instructs Contractor
to perfonn the necessary Work to overcome such conditions, Owner will
reimburse Contractor for the extra expense occasioned thereby, If utility line
are in such close proximity to the construction site as to interfere with the free
and safe operation of construction equipment, Contractor at Owner's expense will
arrange for the Utility Company to insulate, sheath, move or disconnect such
utility lines temporarily, or take such other steps as are necessary to permit free
and safe operation of the construction equipment in the perfonnance of this Agreement.
OBSTRUCTIONS
AND
UNFORESEEN
CONDITIONS
Page 3 of6
December 02
,
CLEAN-UP
Contractor shall, at the completion of the Work, remove from the premises all
rubbish, implements and surplus materials left over, which materials remain its
property, and leave the building broom clean.
Contractor shall require its subcontractors to observe this provision.
Owner agrees not to interfere with the progress ofthe Work arid not to occupy
any portion of the project until the construction on that portion is completed, and
that portion ofthe project has been accepted in writing by Owner, and the provisions
and conditions of the Agreement with respect thereto are fulfilled by both parties.
OCCUPANCY
Contractor's "Acknowledgement of Completion and Acceptance" certificate
covering the project or any specified portion thereof shall be executed by Owner
and delivered to Contractor within ten days of any use or occupancy by Owner. In the
event a portion or all of the project is used or occupied by Owner without providing
such certificate within the specified time period, such use or occupancy shall conclusive
proof of acceptance thereof by Owner.
GUARANTEE
CONTRACTOR GUARANTEES FOR A PERIOD OF ONE (1) YEAR
FROM THE DATE OF SUBSTANTIAL COMPLETION TO CORRECT BY
REPAIR OR REPLACEMENT ANY PART OF THE WORK DESCRIBED
IN THIS AGREEMENT WHICH MAYBE DEFECTIVE IN MATERIAL OR
WORKMANSHIP, BUT WILL NOT BE RESPONSIBLE FOR
CONSEQUENTIAL DAMAGES OR ANY FURTHER LOSS RESULTING
FROM SUCH DEFECT. OWNER SHALL GIVE CONTRACTOR
WRITTEN NOTICE OF ANY SUCH DEFECT PROMPTLY UPON
DISCOVERY. THIS GUARANTEE DOES NOT APPLY TO PARTS
REQUIRING REPLACEMENT BECAUSE OF NATURAL WEAR AND
TEAR, NOR TO PRODUCTS, ACCESSORIES, PARTS OR
ATTACHMENTS WHICH WERE NOT MANUFACTURED BY
CONTRACTOR, EXCEPT TO THE EXTENT OF THE GUARANTEE
GIVEN BY THE ACTUAL MANUFACTURER.
Contractor shall procure and maintain in effect during the term of the
Contract all Insurance necessary to protect Contractor's interest, to
include but shall not be limited to, Builders Risk Insurance,
Workmen's Compensation Insurance as required by the place of Work
and the following Comprehensive General and Automobile Insurance:
CONTRACTOR'S
Commercial General Liability Insurance
INSURANCE
Combined Bodily Injury and Property Damage
Each Occurrence $1,000,000
Aggregate $5,000,000
Certificates of such insurance shall be furnished to Owner.
Contractor shall see that its subcontractors procure and maintain
Workmen's Compensation Insurance covering all their respective
employees on the Work described in this Agreement, and
Comprehensive General and Automobile Liability Insurance.
Page 4 of6
December 02
;tt#
If Contractor fails to prosecute the Work properly or commits a Breach
of this Contract, Owner may give written notice to Contractor setting
forth such failure or Breach in detail. If Contractor fails to begin to
remedy such failure or Breach within fifteen (15) days after receipt of
such notice, Owner may remedy such defect and deduct the cost
thereof from any money then and thereafter-due Contractor. Contractor
hereby agrees to cover any and all cost in excess of the Contract price
herein based on Contractor's failure or Breach and/or a change in
market prices.
Owner and Contractor recognize that performance of the Work covered by this Contract
may give rest to a claim by Owner or a person or firm claiming under or through Owner
for injury or damage to Owner, Owner's agents or employees or other property of Owner.
Such injury or damage and the loss resulting there from may not be within the coverage
or may exceed the limits of the Comprehensive General Liability Insurance carried by
Contractor as set forth above. Because Contractor may not be able to obtain adequate
Comprehensive General Liability Insurance to provide coverage or limits to cover such
loss and Owner can more economically protect itself by insurance against such loss, it
is agreed that except as and to the extent that any loss or claim may be covered by
Builder's Risk Insurance or Comprehensive General Liability Insurance as above provided,
Owner does hereby assume all risk of loss or damage to its property, agents or employees in
the use and occupancy of such property and does hereby on its own behalf and on behalf of
any person or firm claiming under or through Owner release and waive any claims against
Contractor and its subcontractors arising out of or on account of injury, loss or damage
thereto caused by the acts or negligence of Owner.
CONTRACTOR'S
FAILURE TO
PROSECUTE
THE WORK
If the Work is stopped for a period of more than thirty (30) days by reason of any
cause not due to the fault or neglect of Contractor, the Owner may upon three (3) days
written notice terminate this Contract. If the Work is stopped for a period of more
than thirty (30) days by reason of any cause not due to the fault or neglect of Owner,
the Contractor may upon three (3) days written notice terminate this Contract. In
either event Owner shall pay Contractor for all work performed, all loss sustained,
and that portion of Contractor's anticipated profit and general office overhead and
administrative expenses with respect to the Contract which the entire cost incurred
to date of such termination compares to the Contract Sum herein provided exclusive
of anticipated profit and general office overhead and administrative expenses not
otherwise incurred. If the Work is stopped for a period of more than seven (7) days
by the act of neglect of Owner or if Owner fails to make any payment due under this
Contract within a reasonable time, Contractor may stop work or terminate its Contract.
In such event, Owner shall pay Contractor for all work performed, all loss sustained
and Contractor's anticipated profit and general office overhead and administrative
expenses with respect to the completed work.
OWNER'S
OTHER
PROPERTY
WORK
STOPP AGE
LIENS
Contractor shall hold harmless from valid liens upon the Work described
herein, Contractor may, if any subcontractor refuses to furnish a waiver or
release of lien, furnish a bond to Owner to indemnify Owner against such lien,
Page 5 of6
December 02
f{f}IV
&
This Contract shall not be assigned by either party and shall be binding upon the
heirs, executors, administrators, successors and assigns of the party.
ASSIGNMENT
MISCELLANEOUS
This Agreement shall be interpreted according to the laws of the State
of Georgia, The parties through the execution of this agreement,
specifically consent to the jurisdiction and venue of Richmond County
Georgia, and waives any right to contest the jurisdiction and venue in
the Superior Court of Richmond County, Georgia.
Contractor acknowledges that all records relating to this agreement and
the services under the contract may be a public record subject to
Georgia's Open Record Act (O.C.G.A, S 50-18-70, et seq.). Contractor
shall cooperate fully in responding to such request and making all
records, not exempt, available for inspection and copying as provided by
law.
CAPERS & ASSOCIATES, INC.
Contractor,
By
Title
By
Date
Witness. ~PI-r tV /77.eL;P7 .
Notary '17~&"t- Y J:!&JaWfL
My Commission Expires::: 2 ~ ~ ~
No~ It'ubllc, Columbia Countlj, Gl:lVrgla
My Ccmm!ss!on F.xplres-Aug. ~; ~O~6
"
Page 6 of6
December 02
~
SCOPE OF SERVICES:
Project Summary:
The project consists of exterior restoration and interior painting on the Ezekiel Harris House and
Caretaker's House located at .18220 Broad Street in Augusta. lbis is a historical structure and all work is
to be performed in accordance with historic restoration guidelines. Materials proposed for inclusion in the
project are to be approved by Historic Augusta, Every effort is to be made to retain any historically
significant components of the existing structures. The scope of work is as follows:
Ezekiel Harris House:
General Description
Provide all labor, equipment and materials to complete the exterior restoration and interior
painting of the Ezekiel Harris.House and the repaii and painting of the existing perimeter
wood fence.
General Conditions
Proposal is to include all permits, supervision, temporary telephone, temporary
toilet, scaffolding, daily clean-up, final clean-up, dumpster, environmenful surveys
and builders risk insurance.
Site Work
Include demolition of rotten wood, rebuild fence utilizing new 6x6 posts, lx4
pickets to match existing and new 2x4 runners. All material is to be pressure
treated.
Metals
Include all anchors and brackets required for fence and posts.
Wood and Plastics
Include all rough hardware, framing lumber, pressure treated lumber, mill work
includes siding which will be milled out of cypress. Trim is to include comer
boards, skirt boards, fascia boards, stair treads on the front and rear of the house,
all new pickets, handrail where needed, four (4) new newel posts at steps andoup to
twenty (20) sets of new wood shutters. .
Doors and Windows
Replace two window sashes to match existi.D.g.
Finishes
Patch sheetrock and plaster on the intenor of the house, replace rotten porch
flooring to match existing where needed, paint interior with two coats of suitable
premium grade.interior paint, include light prep work on trim on the first and
second floors, pressure wash and paint the exterior of the house (including trim)
with three (3) coats of suitable premium grade exterior paint.
Mechanical
Furnish and install two new heat pumps (SEER rating 12 or above) and two new
air handIlng units, demo existing units and reclaim refrigerant per EP A regulations.
Installation is to utilize existing ductwork.
~
Electrical
Wire two (2) heat pumps, two (2) air handling units, install new service panel and
breakers, rewire electrical outlets. Electrical outlets are to be replaced as required
for code compliance.
Exclusions
The following items are not included in the proposed scope of work:
~ Temporary power
~ Temporary water
~ Interior work, other than light prep and painting
~ Roofing or related sheet metal work
~ Plumbing
~ Window trim replacement
~ Foundation work
~ Shutter hardware (other than that required for installation)
~ Gate hardware on fence (reuse existing)
~ Any work on 3 rd floor interior
~ New ductwork
~ Brick work
~ Moving of furniture for interior painting
~ Painting of window blinds
~ Restroom Building
Allowances
The following allowances are to be included as part of this proposal:
~ Fencing $
~ Handrail (60lf) $
~ Pickets $
~ Siding - Cypress (2,500 sf) $
~ Shutters (20 sets) $
~ Stair Treads $
~ Skirt Boards $
~ Comer Boards $
~ Fascia Boards $
~ Porch Flooring (360 sf) $
~ Window Sashes (2) $
~ Environ. Survey & abatement $
~ FrmnmgLumber . $
3,000 Material
840 Material
2,240 Material
12,500 Material
9,600 Material
1,380 Material
1,400 Material
900 Material
900 Material
2,160 Material
1,300 Material
10,000 Subcontractor
1,500 Material
CARETAKER'S HOUSE:
General Description
. Provide all labor, equipment and materials to complete the exterior painting of the Ezekiel
Hanis Caretaker's House.
General Conditions
Proposal is to include all permits, supervision, temporary telephone, temporary
toilet, scaffolding, daily clean-up, final clean-up, dumpster, environmental surveys
and builders risk insurance.
Wood and Plastics
Replace siding where required, crown molding, fascia trim and one (1) pair of
window sashes
ffIlVV
. .
Doors and Windows
Replace two window sashes to match existing.
Finishes
Pressure wash and paint the exterior (including trim) with three (3) coats of
suitable premium grade exterior paint.
Exclusions
The following items are not included in the proposed scope of work:
~ Temporary power
~ Temporary water .
~ Interior work
~ Roofing or related sheet metal work
~ HVAC
~ Plumbing
~ Electrical
~ Brick work
~. Garage
Allowances
The following allowances are to be included as part of this proposal:
~ Siding - Cypress (500 sf) $ 2,500 Material
~ Fascia Trim $ 48' Material
~ Crown Mold $ 400 Material
~ Environ. Survey & abatement $ 300 Subcontractor
Vendor/Contractor's Responsibilities:
. 1. The Vendor/Contractor is to furnish and install all materials necessary to complete the
restoration project outlined above.
2. The Vendor/Contractor is.to provide all necessary shop drawings and product data
. submittals for owner review prior to purchasing. Colors for paint are to be selected by
Historic Augusta. .
3. All work shall be in compliance with all applicable codes, regulations and historic
restoration guidelines. . .
4. The Vendor/Contractor shall be responsible for necessary building Permlts, all required
licenses and certifications. .
5. Where allowances are indicated, the Vendor/Contractor shall provide appropriate
. documentation verifying the quantities used before final payment will be made. Should the
actual cost of an item for which an allowance is listed exceed the allowance by more than
5%, prior approval from the oWner shall be obtained before proceeding with that scope of
work. . .
Evaluation of Proposals:
While price is a consideration in awarding a contract as a result of this proposal, it will not be the sole .
deciding factor. Experience in successful historic restoration projects of similar scope will be considered
as well. In addition to the "Form of Proposal" (see Exhibit I) firms submitting proposals should also
include documentation of experience on historic restoration projects.
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