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HomeMy WebLinkAboutCapers & Associates Inc. Augusta Richmond GA , DOCUMENT NAME: ~A-(J~3 ~ A S.~c.iA-TE: s;. Tr-Jc.. DOCUMENT TYPE: A '5 rzE: t:: rn ~NI YEAR: ~DD3 BOX NUMBER: \ ~ FILE NUMBER: ) Le [PO , NUMBER OF PAGES: g 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. JIJ1NV