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HomeMy WebLinkAboutCentral Park and Craft Shop Project Augusta Richmond GA DOCUMENT NAME: C(.x\~\ '~CAI K 3 C<o.\l.( ~ \\O~ \-Y\O~e.ct DOCUMENT TYPE: CO()fro...G4:: YEAR: 00 BOX NUMBER: \", FILE NUMBER: l ~ tit3 NUMBER OF PAGES: ~ , - AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus, (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JwaI1@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L, COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Administrator WM. "WILLIE" H. MAYS, 1II Mayor Pro Tern July 17,2000 Mr. Ron Houck Parks and Recreation Department 2027 Lumpkin Road Augusta, GA 30906 RE: Central Park & Craft Shop Project Dear Ron: I enclose herewith two copies of the executed contract, performance bond and certificate of insurance. If anything further is necessary, please advise. With best personal regards, I am Yours very truly, ~ James B. Wall/tOJl' JBW/sjp Enclosures r,: 'V " v R G o G A M B L L ARCHITECTS October 18, 2000 Ron Houck Augusta-Richmond County Parks & Recreation Dept. 2027 Lumpkin Road Augusta, Georgia 30906 RE: Central Park Dear Ron, Attached please find AlA Document G706, Contractor's Affidavit of Payment of Debts and Claims, AlA Document G707, Consent of Surety Company to Final Payment and a letter from Ammar Construction stating that no asbestos material was used on this project. Please retain these copies for your files. If you have any questions or need additional information please contact me at (706) 736-3661. Sincerely, VIRGO GAMBILL Architects CdL~~ Imlm C:\O \ word\9905,central\correspon\! Ohouck.doc 253) CENTER '-}.JEST PARi,INAY SUITE 200 !'\UGUST,'-'.. CiEORGiA 30909 706 736 3661 FAX 706 736 4552 \}/ \/.;' VI, \/ : I~ .::; C) (; Ai'll B ILL, COM ~~ f> Sheet 1 Ammar Company, Inc. P.o. BOX 1877 Evans, GA 30809 10/17/00 Augusta Richmond County 530 Green Street Augusta, GA 30911 Reference: Center Park & Craft Shop Renovation This is to let it be known that no material containing asbestos have been used or installed in this project. -- Sincerely ...... Page I '\ - ',' CONSENT 'OF " SURETY COMPANY TO FINAL PAYMENT AlA DOCUMENT G707 OWNER ARCHITECT CONTRACTOR SUR ETY OTHER o o o o PROJECT: Renovations to Central Park & Craft Shops (name, address) Augus ta, Georgia TO (Owner) ~ ;ft/6(/S'T1- _ ~,e.HHo;Vj) l &{/HTY '?Mf< Zf /2.. tzo 27 Lv;..(pl</A./ ;<.O~ 0 L A(/ tJ-t/S 'r4- i Cl/l '3 v? t7 6 ~ CONTRACTOR: Ammar Construction Co., Inc. Post Office Box 1877 Evans, GA 30809 ARCHITECT'S PROJECT NO: CONTRACT FOR: Renovations CONTRACT DATE: May 25, 2000 7 _ '21 ,- 0 0 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) The Cincinnati Insurance Company 6200 S. Gilmore Road Cincinnati, Ohio 45014-5141 , SURETY COMPANY, on bond 0 f Ihere insert name and address of Contractor) Ammar Construction Co. r Inc. Post Office Box 1877 Evans, GA 30809 hereby approves of the final payment to the Contractor. and agrees that final payment relieve the Surety Company of any of its obligations to Ihere Insert name and address oi Owner) Augusta-Richmond County 530 Greene Street, Room 106, Municipal Bldg Augusta, GA 30911 , CONTRACTOR, to the Contractor shall not , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, tne,St.;retY Company has 'hereunto set its hand this 12th. day of . October ~~2000. The . Insurance Company '//1a,x~~ ry; AA &l9&--// Ittes: U'-"""'~ (Seal): S""7t mJ Attorney-in-Fact Title CAUTION: You should sign an original AlA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. NOTE: This form is to be used as a companion document to AlA DOCU,\1ENT G706. CONTR..\CTOR'S AFFIDAVIT OF PAY,\1ENT OF DEBTS .-VW CLAI,\\S, Current Edition AlA DOCUMENT G707 . CONSENT OF SURETY COMPANY TO FINAL P..W.\\ENT' APRIL 1970 EDITION' AIA@ @ 1970' THE AMERIc.-\N INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW. WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright Jaws and Is subject to legal prosecution. ONE PAGE " ~ CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o o A(A Document G706 PROJECT: (name, address) (Owner) ARCHITECT'S PROJECT NO: I" !/-VGt/S T/1 _ !2./C. tlHO~ I CONTRACT FOR: ' Cot//VT'" PI7I<.I<.. ~ IL Cfl../t-r T S ttvV' t2. ~yo V/rTi~ U IN' IJOA D II 30 H 'E1t.(l.y s-/- 20 '2. 7 I-//H P T\ f\" Ifc.l~-';f I GA""3' L t+Vtf..l/$,.4, C-11 >0906 .J CONTRACT DATE: 7 _ zi - 0 ;:J C 12-4TT 5: Ho rp f<~ Nt; t/11--rto/lJ 1(30 HEl2../ly S.f.- ,4vtU~ -pj '509'06 9qo~ TO State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: f1 r-4 H A-/2 G='. {;. '60 X (f 7 7 -Zu A-N ~ {t- /!- 30 go c; I' {o/Vc:.!. totVfj1' /J'V'c 1. 'Consent of Surety to final Payrr.ent. Wh'enevp.r . Surety is involved, Consent of Surety is required. AlA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate attachment: (yes ) (no The following supporting documents should be at- tached hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. J ,~~ 3. Contractor's Affidavit of Release of Liens (AIANot~i'F ). !'.r'.~ C;{,,1'~~',,:,.:.;, t':t.. .W'/~ ,~'. DOCUMENT G706Al. My Commission Expires' .7.; ;'\' "~~ """",<,,. ....,_,L, :;). UCnrDl2 ~ CAUTION: You should use an original AlA document which'a<;'~~IS~~"J~~;~;;!~;{~\~~~~~1~2le~t0~ WMiI An original assures that changes will not be obscured as may occur when documents are reproduced. Address: ;l4 200 C ). BY: Subscribed a AlA DOCUMENT G706 . CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS' APRIL 1970 EDITION AIA@ . @ 1970 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW. WASHINGTON, D,(, 20006 O~E PAGE WARNING: Unlicensed photocopying violates U.S. copyright 18W8 snd Is subject to lege I prosecution, " , T H E A M E R c A N S T 1 T U T E . ARC H TEe T S AlA Document AIOI Standard Form of Agreement Between Owner and Contractor wbere tbe basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COlvlPLETION OR lv/ODIFICATION. Tbe 1987 Edition of AlA Documellf A20l, General COl/ditions of the Contract for Construction, is adopted iI/ this document by reference. Do not lIse witb other gel/eral conditiol/s unless rbis document is m(){lIjied, This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 25th (Twenty-Fifth) day of ~~~~ Two Thousand (2000). May in the year of BETWEEN the Owner: Augusta-Richmond County 530 Greene Street, RM 106 Minicipal Building Augusta, GA 309ili1 (Name alld address) and the Contractor: Amrnar Construction Company POBox 1877 Evans, Georgia 30809 (N(/me (/lId add,'css) The Project is: (Name (/lId tocatioll) Renovations to Central Park & Craft Shops Augusta, GA The Architect is: Virgo Gambill Architects 1168 Broad Street Augusta, GA 30901 (Nallle (mel addrcss) The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1967, 1974, 1'J77, @1987 by The American Institute of Archi- lccrs, 17,35 New York A venue, N. W, Washington, D.C. 20006. ReproJuction of the matcri;11 herein or substantial 4u<>tatilln of ilS provisions without wr/lIen permission of the AlA violates the copyright laws of the United States and will be subject to Icgal prosecution. AlA DOCUMENT Al0l . OWNER,CONTRACTOR AGREEMENT' TWELfTH EDITION' AlA" . @19H7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. ~unn6 A101-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sublaCI to legal prosecullon. 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 prior to execution of this Agreemelll, other documents listed in this Agreemelll ;mLl Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as ifauached 10 this Agreement or repeated herein. The COlllracl represenls the entire and integraleLl agreement between the panies hereto and supersedes prior negotiations, represen!;Jtions or agreements. either written or oral. An enumeration of the COlllfaCl Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contraclor shall execute the entire Work described in Ihe Contract Documents, excepl 10 Ihe extent specifically indicated in Ihe Contract Documents 10 be the responsibility of olhers, or as follows: l. 2. Owner accepts Base Bid. Owner accepts Al terna tes #l, # 2, # 3, and K )' j! / tJllV ~ ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the dale from which lhe Contract Time of Paragraph 3.2 is measured, and shall be the date of Ihis Agreement, as first wrillen above, unless a different date is stated below or provision is made for lhe dale 10 be fixed in a nOlice to proceed issued by the Owner. (Inserllbe dale o[ commencemenl. if il differs from Ibe dale of Ibis Agreen/elll or. if applicable. state tbat (be da(e willlJe fixed in a notice (0 proceed.) The date of conunencement shall be established in the "Notice to Proceed." Unless the dale of commencement is eSlablished by a notice 10 proceed issued by lhe Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens andother:security interests. ' ", " . . . " .' '" (90) Ninety days from the "Notice to Proceed." 3.2 The ContraclOr shall achieve Substantial Completion of the entire Work not later than (Inserl tbe calendar date or number o[ calendar days after IIle dale of commencemenl. Also insert any requiremellls plr earlier Substantinl Completil)// "lcer, 'JJi" porlifl{lS ill tbe WOork. if not slJlted elsewbere i" (be COIl//'(/ct Down/ents.) ~nouLa ContraCtor tail ot substantially complete any part of the work under this contract within the time specified or such late date as may result from an authorized extension of time, the Owner may retain liquidated damages in the sum of $100 per day for each consec' utive talendar day th~t the terms of the contract remains unfulfilled which sum is the proper measure of the liquidated,"damages which Owner will sustain per diem by failure of , subject to adjustments of this Contract Time as provided in the Contract Documents. Contractor to complete the work (Insert pro,'i,-ioIlS, if ally./or liqllidaled dall/ages ,-elcllilljl, t" failll,-e tll colI/plete Oil lime.) the time s ti pula ted . AlA DOCUMENT AIOl . OWNER,CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @19fl7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. Q,C. 10006 A101-1987 2 WARNING: Unlicensed photocopying violates U.S. copyrlghtlsws and Is subject 10 legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Comract the Contract Sum of Fifty-Six Thousand, Six Hundred Dollars -------------------------------- Dolla~ (5 ----$56 600. 00--------------- ),~biect to 3dditions and deductions a.s provided in the Con- tract Documents, ' 4.2 The Comr.!c~ Sum is based upon the following alternates, if any, which are described in the Comract Documents and :Irc hereby accepted by the Owner: (St(Ile OJe "umbers ur ulber identlfit'(ltin" uf (It:eep'ecl allertlllll!s. If decisio"s 011 other alh'rllclles are 10 1)(' "Well' IJY the OWIlt!r )"uIJS(,((lil'1Jl/fI (bl.! t!.nlul/ioll uf this AgreenlC!lIl, tit/ad) (/ scbedulu oj sue/) olbi'" (Illernat('s show'''H Ibe UI1IOU1I' for etlcb (llld the elale ,,"til wbicb {b,1I (lI'UllUII is "tllitl.) All of the Alternates will be accepted. TOTAL $15,200.00 2,000.00 31,000.00 4,400.00 4,uuu.uu $56-;-6'00-;-00-- ':>-:< 16 dO c1() tfiv) ~ Base Bid Alternate 1 Alternate 2 Alternate 3 -AI terna Lt:: q 4.3 Unit prices, if any, are as follows; N/A AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT · TWELFTH EDITION · AlAe> · f9llJH7 TIlE AMERICAN INSTITUTE OF ARCHITECTS, 17j5 NEW YORK WENlJE. NW, WASHINGTON, DC. Wool:> A101.1987 3 WARNING: Unlicensed photocopying violates U.S, copyright laws and Is sublect to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certific:lles for Payment issued by the Architel:t, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one l:a1endar mOl1lh ending on the last day of the month, or as follows: As Above. 5.3 Provided an Application for Payment is received by the Architect not later than the (F ifteenth) 15th day ofa month, the Owner shall make payment to the Contractor not lateI' than the (S co d) 2nd day of thefollowinq month. Ifan Application for Payment is received by the Architect ::Tter ille applkallon date fixed above, payment shall be maue by the Owner not later than days after the Architect receives the Applic:ltion for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitled by the COl1lractor in accordance with the Contrau Documel1ls, The sdledule of values shall allocate [he entire Contract Sum among the various portions of the \'\'urk and be prepared in su<.:h le)rm and supported by SUdl data to substantiate its a<.:curacy as the Ar<.:hiteu may require, This s<.:hedule, unless ohjected to by rhe Architect, shall be used as a basis for re\'iewing the Contractor's Applicltil)ns tex Payment. 5.5 Applications for Payment shall indil:ate the percentage of completion of each portion of the Work as of the end of the periud covered by the Application for Payment. 5.6 Subject to the provisions of the Contra<.:t Documents, the amount of each progress paymenr shall be compured as follows; 5.6.1. l~ke that portion of the Contract Sum properly alloClble to completed Work as determined by multiplying the percel1l:lge completion of e:lch portion of the Work by the share of the to(;11 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten -------------------------------------------------- percell! ( 10% %). Pending final determination of cost to the Owner of changes in the \X'ork, amoulllS not, in the dispute lll;lY be included as provided in Subpar:lgraph 7.3.7 of the Gencral Conditions even though the Contr:tct Sum has not yct been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly :tllocable to materials and equipment delivered and suitably storcd at the site for suhscquent incorporation in thc completed construction (or, if approved in advance by the Owner, Suit:lbly stored off (he sill: at a location agreed upon in writing), less retainage of Ten ___ ____ ____ _ _ ______ __ __ _ _____ ___ ___ ___ percel1l ( 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 Certillc:lle for Payment as provided in Para- gr:Jph 9.5 of the General Conditions, ,~.7, The progress p:tyment amOUlll determined inaccord:mce with,l'aragraph 5,6 shall.be further modified under-the following ,cir<.:umstaliccs: 5.7.1 Add, upon Substantial Completion of the: Work, a sum sllfficielll to incrcase the total pavmcnts to Ninety-Fi ve .:.-------------------------------- percent ( . 95 % 'Yo) of the Contract Sum, less such anlOuntS as the Architect shall determine for incomplete Work and unsettled daims; and 5.7.2 Add, if final <.:ompletion of the Work is thereafter materially delayed through no f:llilt of the Contractor, any ;Idditional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Hedllction or limitation of retainage, if any, shall be as follows: (1/ it is ill/ended. IJrior to S"IJs{lIl1lia/ (.'om/1/e!ioll (~"'be e1lfin' """rk, 10 rf.'dw:e 01' limit the re/ai1luJ.!,t' rt'slIltill,'1lrU11l (bl'l'erl'c"Itlges ;lIs(.'rle(/ ill Suh/J{(1'u- J.!.ral,/ls '), (., I olld 'i. (), 2 ""U"I!, and Ibis is ".o( explai"ed t.'/sl'u,b('Y(' ill tbl! CCJI'/racI Ducumcnts, ;IISl,,.t b(~n' prw';siuIIs fnr stub r('ductiou ur li",ilcilitllJ,) Until the work is 50% compelte, the Owner will pay 90% of the amount due the Contractor on account of progress payments. At the time the work is 50% complete, if the manner of compl etion of the work and its progress are and remain satisfactory to the Architect, and in the absence of other good and sufficient reasons, the Architect shall (on presentation by the Contractor of Consent of Surety) certify for payment to the Contractor falf of the funds then held as retainage by the Owner. Thereafter, the Owner will pay 95% of the amount due the contractor on account of remaining progress payments. The full contract reatainage may be reinstated if the manner of completion of the work andL6t~ll~rRiER~~~~~ n8~ fB~a~~hl~t~ef AlA DOCUMENT Al0l . OWNER,CONTRACTOR AGREE~IENT . TWELfTH EDITION. AlA'. . @IYH7 ' TIfE A~IEllICAN INSTITtITE OF ARCHITECTS, 17:\) NEW YORK AVENUE. NW,. WASHINGTUN. D,c. 2I1ul)(p,nd s uf f ic ien t rA~1lJ1Qi7 4 . see B4 pg 3 - Paragraphs ~.3.1.3 b WARNING: Unlfcensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. n ., , .<1 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 (1) 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 heen 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 P;lyment, or ;l5 follows: As above 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 Contr;lCt Documents. 7.2 Payments due and unpaid under the Contract sha.ll 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. (fuserl rail! ol i"terest a~re(!tI ''fUUl, II (l"Y.) N/A (Usury lows tlntl reqllir(!mC1lts u"t1er tlll! F(!clt'rc,1 Trutb ill Lendi"8 Act, simile,,. Slale ('lid 1()((lII.:o"s,u"f.!rc"t.tI~'llcl'''S and olber r{,.~lIltlli(,,'S '"lilt' PI"Her's (lItel COlllrtlClor'sprillci/)(/1 plare.< ol'J//silll'ss. th/!.IowlilJll of Ihe Project and elsewbere may afIerllbe "Cltitlily u) 1I,>is f'rol'isil)//, Le!!Cl( (ull';(e sl,ollltll}c' ol}willc.tI with respe,". to. tJele(io"s. ()~ moc"liftl/io"lIs,' 011." "alsu regt,rtlitls. rf!{(/~ir('me"ls such ~IS ll/,.ilh'1I tlisrlt)slln'~ ~,r llI~'il'ers.) . 7.3 Other provisions: N/A ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by [he Owner or [he Contractor as provided in Article I ~ of the General Conditions, 8.2 The Work may be suspended by the Owner as provided in Article l-i of the General Conditions. AlA DOCUMENT AtOl . OWNER,CONTRACTOR AGREEMENT. TWELFTH EDtTION . .-\tA"' . \S>1'JH7 TilE AMERICAN INSTITUTE OF ARCHITECTS, 17,\5 NEW YORK AVENU(;. NW" WASHINGTON. l),C, 201)06 A101.1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sublect \0 legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document A I 0 1, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document A20 I, 1987 Edition, 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 7 I 2000 ' and are as follows: Document Title Pages Bl B2 B3 B4 B5 B6 Form of Agreement Form of Bonds General Conditions Supplemental General Conditions Drawings and Specifications Special Restrictions Section Title Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1,3, and are as follows: (Ei/ber list lb., Spec!(icatiolls here or refer to all exhibit allac/)ed 10 Ibis Agrcemelll.) See attached sheets TC-l and TC-2 AlA DOCUMENT Al01 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA"' . @19B7 THE AMERICAN INSTITUTE 01' ARCHITECTS, 17,'5 NEW YORK AVENUE, N,W" WASHINGTON. D,C, 20006 A101.1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subjecllo legal prosecution, 9.1:5 The Drawings are ;IS follows, and ;Jre dated March 7, 2000 (Hither list (be /}ruU'iflgs hcre u" rt~/t'r {U (III l'xhil)iJ allw.:hed '0 Ihis Aj<rl't'ml'1II.) unless a different d;lte is shown heluw: Number Title Date C-l Sitework A-I Architectural 9.1.6 The addenda. if any. ;Ire as foUl )WS: Number Date Pages N/A I'urtion.~ of addenda rebting to hidding requirements are nut part of the Contract Documents unless the hidding requin:ments are also enumerated in this Article 9. AlA DOCUMENT A101 . OWNER,CONTRACTOIl AGIlEEMENT . TWELFTH EDITION . AIA'~ . r~l\'}H7 THE AMEIlICAN INSTITuTE Of ARCHITECTS, 17.'5 NEW YOIlK AVENUE, NW" WASHINGTON, DC. 111011(, A101.19B7 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sublect to legal prosecution. rr:l 9.1.7 Other docum<::nts, if any, f og part of the Contract Documents are as fol1o~ .' (Lis/ bere any addilional docume"'s which u.< in/ended la/arm parI 0/ the Contract [)ocu,"mts, TlJe Genera; ,.tiiliorlS prO/'id. Ilmt bid,ling requirements sucb as advertisement or i,witatiotl to bid, "IS/ructions to Bidders, s(~m{1'e forms and tbe COlltractor's bid (Ir~ nof part of the Contract Documents ullless ellumer'lIe<.J in tbis Agreemelll. Tbey should be listed bere only if in/ended to be parI o/Ibe Cun/rad Docume)lts.) .' The following attachments A, B, C, and D are hereby made a part of the contract documents and this agreement will supercede any previous directions. This Agreement is entered into as of the day and year first written above :md is executed in :Jt le:lSt three original wpies 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. CONTRACTOR ne, er CAUTION: You should sign an original AlA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reprOduced. AlA DOCUMENT Al0l . OWNER,CONTRACTOR AGREEMENT. TWELFTII EDITION. AlA" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W,. WASHINGTON, D.C. 20006 Al01-1987 8 WARNING: Unlicensed photocopying violates U.S. copyllghtlaws and Is sublect \0 legal prosecution. "ATTACHMENT A" 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. Section 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. "ATTACHMENT B" 2. All claims, disputes and other mattes in question between the Owner and Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior: Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. "ATTACHMENT C" 3. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waive any claim to the same. DIVISION A - BIDDING REQUIREMENTS Al A2 A3 A4 Proposal - A5 Invita\ to Bid Instructions to Bidders Supplementary Instructions to Bidders Form of Proposal Proposal Form Form of Bid Bond DIVISION B - CONTRACT DOCUMENTS Bl B2 B3 B4 B5 B6 Form of Agreement Forms of Bonds General Conditions Supplemental General Conditions Drawings and Specifications Special Restrictions DIVISION 1 - GENERAL REQUIREMENTS IA-lO IE-IO IF-ID IG-ID IH-IO 11-10 1M-II Special Conditions Submittals Alternates ' Liquidated Damages Equal Materials Project Closeout Cutting, Patching, and Demolition NOT USED DIVISION 2 - SITE WORK DIVISION 3 - CONCRETE NOT USED DIVISION 4 - MASONRY NOT USED DIVISION 5 - METALS NOT USED DIVISION 6 - WOOD AND PLASTICS 6A-IO Ro~gh Carpentry, DIVISION 7 - THERMAL AND MOISTURE PROTECTION 7F-20 7F-40 7J.12 Built-up Roofing, Insulation and Sheet Metal Asphalt Fiberglass Base Shingles Caulking and Sealants DIVISION 8 - DOORS AND WINDOWS SA-II 8A-13 8B-IO Hollow Steel Door Frames Hollow Steel Doors Wood Flush Solid Core Doors re-I DIVISION 9 - FINIS!fES 9C-ll 9H-10 9H-40 9M-10 Ceramic Floor Tile and Base Resilient Flooring Resilient Base Painting NOT USED DIVISION 10 - SPECIALTIES NOT USED DIVISION II - EQUIPMENT DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED DIVISION 15 - MECHANICAL 15C-IO 15C-20 15C-30 15C-50 Heating Ventilating& Air Conditioning HV AC Equipment Ductwork and Accessories Systems Performance Tests and Balancing DIVISION 16 - ELECTRICAL I6A-1O 16A-20 16A-30 16A-40 General Provisions Conduit Outlet Boxes Pull Boxes, Junction Boxes and Fittings 'END OF TABLE Te -2 A.~..ltl.~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDNY) 05fJ 1/00 PRODUCER nils CERTIACATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIACATE Roy Scartlorout & Assoc., Inc. HOLDER. THIS CERTIACATE DOES NOT AMEND, EXTEND OR 822 Reynolds treat ALTER TliE COVERAGE AFFORDED BY THE POUCIES BELOW. P. O. Box 10106 COMPANIES AFFORDING COVERAGE Augusta GA 30903-2706 COMPANY A CINCINNAlllNSURANCE CO. INSURED , COMPANY AMMAR CONSTRUC1l0N CO., INC. B ASI POST OFFICE BOX 1817 COMPANY EVANS GA 30809 C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POUCY NUlIBER POLICY EFFECTIVE POUCY EXPIRATION' WilTS llR DATE (MMlDDIYY) DATE (MM/DOI\'Y) A GENERAL LIABILITY CAP7690850 09/20/99 09/20/02 GENERAL AGGREGATE $ 500.000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPiOP AGG $ 500,000 I CLAIMS MADE o OCCUR PERSONAL & ADV INJURY $ 500,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000 - FIRE DAMAGE (Anyone firel $ 100,000 MED EXP (Anyone person) $ 5,000 A AUTOMOBILE LIABILITY CAP7690850 09/20/99 09/20/02 500,000 - COMBINED SINGLE LIMIT $ X ANY AUTO X All. OWNED AUTOS BODILY INJURY X (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY X (Per accident) $ NON-OWNED AUTOS - PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ - ANY AUTO OTHER THAN AUTO ONLY: f-- EACH ACCIDENT $ AGGREDA TE $ A EXCESS LIABILITY CCC4468060 11/18/99 11/18/02 EACH OCCURRENCE $ 1,000,000 ~ UMBRELLA FORM AGGREGATE $ 1,000,000 OTHER THAN UMBRELlA FORM $ WORKERS COMPENSATION AND X I T8k/~,~\YS I IUdA" - EMPLOYERS LIABILITY 8704098 . 100,000 B 10/09/99 10/09/00 EL EACH ACCIDENT $ THE PROPRIETOR! ~IN~ EL DISEASE ' ?OLlCY LIMIT $ 500,000 PARTNERs/EXECUTIVE OFFICERS ARE: X EXCl EL DISEASE . EA EMPLOYEE $ 100,000 OTHER A RENTAL EOOIPMENT CAP7690850 09/20/99 09/20/02 PER ITEM 50,000 DESCRIPTION OF OPERA TIONS/LOCA TIONS/VEHIClES/SPECIAL ITEMS PROJECT: REOOVATlCA'-lS TO CENTRAL PARK & CRAFT SI--OPS, AUGUSTA, GEORGIA CERllFICA TE HOLDER CANCELlATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AUGUSTA-RICHMOND COUNTY EXPIRATION DATE THEREOF. T MPANY WILL ENDEAVOR TO MAIL 530 GREENE STREET -1!! """ .,,,",,, ,ce w "~oo"" _0 w n" ,m. ROOM 106, MUNICIPAL BLDG BUT FAILURE TO MAIL S/CH NOTICE SHALL POSE NO~TI)B'lITY AUGUSTA GA 30911 OF ANY KIND UPON THE ~OMPANY. ITS E OR ~~IVES, AUTHORIZED REPRESENT~VE .~( .,~ AUCIA J. RHOADES 'xl . c {/ ACORD 25-5 (1/95) - 1 ?-9 1JGORD-::CORPORA1l0N 1988 ,------ '- \IOU THE CINCINNATI INSURANCE COMPANY APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 (December 1984 Edition) Performance Bond Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): Ammar Construction Co., Inc. Post Office Box 1877 Evans, GA 30809 SURETY (Name and Principal Place of Business): OWNER (Name and Address): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD CINCINNATI. OHIO 45014-5141 Augusta-Richmond County 530 Greene Street, Room 106, Municipal Bldg Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): May 25, 2000 $56,600.00 Renovations to Central Park & Craft Shops Augusta, GA BOND Date (Not earlier than Construction Contract Date): May 31, 2000 Amount: $56,600.00 Modifications to this, Bond: ~ None J': . 0 See Page 3 Signatu re: Name and Title: SURETY Company THE CIN Jr. CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Ammar Construction Co., nc. (Any additional signatures appear on page 3) (FOR INFORMA nON ONL Y-Name, Address and Telephone) AGENT or BROKER: ' OWNER'S REPRESENTATIVE (Architect, Engineer or Roy Scarborough & Associates, Inc. other party): Virgo Gambill Archl tects Post Office Box 10106 1168 Broad Street Augusta, GA 30903-2706 Augusta, GA 30901 706-722-8338 5-21 OO-AIA-A312 (6/87) PERFORMANCE BOND A312-1984 1 "~ '1} .,:r ',.' ,:., ., tJ .~ ; :l' , eties as a defense in the jurisdiction of the suit able to sur , shall be applicable. , . 0 Notice to the Surety, the Owner or the Contractor shall 1 'I d or delivered to the address shown on the slg- be mal e nature page, 11 When this Bond has be~n furnishedh tal comply w~th a statutory or other legal brequ,ref mentdln t e oca.tlon w ehre the construction was to e per orme ,any provISion In t IS B d conflicting with said statutory or legal reqUirement on h f d . ' h II be deemed deleted ere rom an provIsions con- ~o:ming to such statutory or ot~er legal requirement shall be deemed incorporated herein. The Intent IS that thiS Bond shall be construed as a statutory bond and not as a common law bond, 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adJustments have been made. including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor which has neither been remedied nor waived. to per~ form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with \he other terms thereof. (Space is provided below for additional signatures of added parties. other Ihan those appearing on the cover page,) CONTRACTOR AS PRINCIPAL Company: (Corporale Seal) Signature: Name .:Jnd Title: Address: SURETY Company: (Corporate Seal) THE CINCINNATI INSURANCE COMPANY Signature: Name and Title: Address: ,.\312-1984 3 THE CINCINNATI INSURANCE COMPANY APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 (December 1984 Edition) Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Ammar Construction Co., Inc. Post Office Box 1877 Evans, GA 30809 SURETY (Name and Principal Place of Business): THE CINCINNATI INSURANCE COMPANY , 6200 S. GILMORE ROAD CINCINNATI. OHIO 45014-5141 OWNER (Name and Address): Augusta-Richmond County 530 Greene Street, Room 106, Municipal Bldg Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): May 25, 2000 $56,600.00 Renovations to Central Park.& Craft Shops Augusta, GA BOND Date (Not earlier than Construction Contract Date): May 31, 2000 Amount: $56,600.00 ModifiCations to this, Bond: [YN6ne. ,OSee Page 6, CONTRACTOR AS PRINCIPAL Company: Ammar ~o (Corporate Seal) Co., Inc. Signatu re: Name and Ti rough, Jr. orney-in-Fact (Any addi (FOR INFORMA nON ONL V-Name, Address and Telephone) . AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Roy Scarborough & Associates, Inc. other party): Virgo Gambill Architects Post Office Box 10106 1168 Broad Street Augusta, GA 30903-2706 Augusta, GA 30901 706-722-8338 S-2150-AIA-A312 (6/87) PAYMENT BOND A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, adm inistrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference, 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim. demand, lien or suit is for the payment for labor, materials'or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, ' demands. liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly. for all sums due 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the .' materials were furnished or supplied ,or for whom'the labor was,done or performed: and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, thilt is suffi- cIent compliance, 6 When the Claimant has satisfied the conditions of Paragraph 4: the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant. with a copy to the Owner. within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed 6.2 Payor arrange for payment of any undisputed amounts, 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Ccntract shall be used for the perfor- mance of the Construction Contract and to satisfy claims; if any, under any Construction Performance Bond, By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work, 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond, 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4,1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- . struction Contract. whichever of.(1) or (2) first occurs, If the 'provisions of this Paragraph are void or prohibited bylaw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this A312-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion ;n the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOllOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) THE CINCINNATI INSURANCE COMPANY Signature: Name and Title: Address: A312-1984 6 ,. THE CINCINNATI INSURANCE COI\-IPANY r-airfield, Ohio POWER OF ATTORNEY KNOW ALL MEN Ill' THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporalion nrganizcd ulllh:r lhe 1:IWS of the Stale of Ohio. allll having its principal officc in the City of Fairfield. Ohio. docs hereby constitute and appoint Roy Scarborough, Jr.; Eugene A. Cronic; Suzy M. Dekle; and/or Alicia J. Rhoades of Augus ta, Georgia ils true and lawful Attorney(s)-in-Fact lu sign, e.\cClIle. se~1 and deliver on its heha'f as Surely. and as ilS aCI and deed, any and all bonus. policies. undertakings. or mha likc inSlrLIlllents. as folloWS. Any such obligations in the United States, up to Fifteen Million and No/lOO Dollars ($15,000,000.00). This appoinlJm:nt is madc under and by authorily of Ihe following resolution passed hy the Board of Direclors of said Company ~;t a mecting held in lhe principal ()ffice of Ihe Company. a quorum being presenl and voting, on lhe Glh day of Deccmber. 1958. wllIl I resolutioll is still in effect: "RESOLVED. that the Presidcnt or any Vice President he h.:reby authorized. and empowcred lu appoinl Allorncys-in-Fact of lhe Company 10 cxecute any and all bonds. policies. undertakings, or other like instrumenls Oil hehalf of the Corporalil)n, and may authorize .lllY nfeicer or :IIlY such Allorney-in-Facl 10 affix lhe eorporale seal: and may wilhor withnul canse Illodify or revoke any such appoinllllent or authority. Any such writings so executed by such Allorlleys-ill- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Pm"cr of Allorncy is signed and scaled hy facsimile under alld by lhe aUlhorilY uf the fullowing Rcsullllillll adopted by the Board of Dirccwrs of the Cumpany at a mceting duly called and held on the 7th day of December. 1973. "RESOL VED. [hal the sigllalure of the President or a Vice President and the seal of the Company may be atTi,xed by facsimile on any power of :Illorney granted, and the signature of the Secretary and Treasurer and the seal of the COlllpany may be affixed by facsimile 10 any certificate of any such Jlower and any such power of certificate bearing such facsimile signalure and seal shall be valid and binding on the Company, Any such power so executed and scaled and cerlified hy cerlificate so execllled :md sealed shall. with respect to any bOlld or undertaking to which it is auached. conlinue 10 be valid and binding Oil the Company." IN \VITNESS WHEREOF. THE CINCINNATI INSURANCE COMPANY has caused these presenls to be scaled with its corporate seal. duly alles/cd by its Senior Vice President this I,llh day of April. 1994. P~~CECOMP^NY STATE OF OHIO ) ss: COUNTY Or- BUTLER ). Senior Vice President Oil this '.Illt day of April. ILJ9:l. before me c:lme,the ahovc-n;ullcd Senior Vice President of TIlE CINCINNATI INSlJRANCE ~Ol'vip^NY. rllllle 1)<'I~;,n:~lIy kn'l',~vil {O belhe oniCef dcs~rilie'd here'in. and ackll~,\v,ledg<:d ,I~lal ihc'se:d aflixc'~ to ,Ih<: preceding ilislnllJl~:~, IS Ihe ct'qllJralt" se:J/.ol s:lId CllIIlP;lI1Y and lhe cllrpllrate seal and the'slgnaturc III the olllecr wcre duly a/llxed and subscnhcu 10 s imlnllllei,i,l,.~:~ Ih~_allii\()r;IY and dircc[illn of said corpuralilJlI, ,./' ','.'1-, \l'~~ .~'i t.:.. t'" .~:."" . I -" ." .,<.~: '. :; f.,;:: :::;:~:'~ii~;,:;i ; ... HENRY G. "ERLON. ^'''"",y ^, :"" - ..., ':' . '"" . -:0,: ~'." .....~ '.~4 . . . .' :.1 :, .:'.'::,,' '. NOlary Public Stale of Ohio .' ". ,}: ' -- My commission has no expiralion ua[e, \;>.,,'.;:,;.~.:~<o::.;:,.;;..::~,:,:. ". .~~'.. Seclion 147.03 R. c. .....;'.1< the i\naer~,igncJ Secrelary and Treasurer of THE CINCINNATI INSURANCE COMPANY, hereby certify that the ahove is :;_ true and correct COP).' 'l)f lhe Original Power of Attorney issued by said Company, and do hercby furl her certi fy that the said power 0 Attorney is still in full force and ctTecl. ~"?\. ~. GIVEN \Inder my hand and seal of said Compan)' a[ Fairfield. Ohio. this 31st day of May XPQ200.0 ~/ 1:J~#:f-:-- Secrelary Jnd Treasurer BN-100S (4/1)4) -'1 '\ ':i THE AM E R'\ CAN N S T T UTE o F ARCHITECTS '" AlA Document AIDI Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUN] 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR iYIODIFICA TION. Tbe 1987 Edition of AlA Document A20 I, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless tlJis document is modified. This document has been approved and endorsed by The Associaled GeneralContraclors of America. AGREEMENT made as of the 25th (Twenty-Fifth) day of ~~~~ Two Thousand (2000). May in the year of BeTWEEN the Owner: Augusta-Richmond County 530 Greene Street, RM 106 Minicipa1 Building Augusta, GA 309]1 (Name and address) and the Contractor: Ammar Construction Company POBox 1877 Evans, Georgia 30809 (Name and address) The Project is: (Name mid location) Renovations to Central Park & Craft Shops Augusta, GA , The Architect is: (Name and address) Virgo Gambill Architects 1168 Broad 9treet Augusta, .GA 30901 The Owner and Contractor agree as set forth below, Copyright 1915, 1918, 1925, 1937. 1951. 1958, 1961, 1963. 1967. 1974, 1977. @1987 by The American Institute of Archi- tects, 17:-15 New York Avenue, N.W,. Washington. D,C. 20006, Reproduction of the material herein or substal1lial quotation of its provisions without wrinen permission of [he AlA viol:ites the copyright laws of the United States and will be subiect to legal proseclltion, AlA DOCUMENT A101 . OWNER,CONTR.KTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987 THE AMERICAN INSTITUTE or 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 prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The COntract represents 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, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: l. 2. Owner accepts Base Bid. , Olt'nsr aooopts .'\ltCrI'latc3, #1, #2,. #J, ':U=1Q k '~;L '~I 4-2.1t-3 ')!/V ' c:r ARTICLE 3 DA TE 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 elate to, be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement. iJ it difJers Jrom tbe date oJ this Agreement or, iJ applicable, state that the date will be fixed in a notice to proceed.) The date of commencement shall be established 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 commencing the Work to permit the timely filing of mortgages, mechmic's liens and other security interests. (90) Ninety days from the "Notice to Proceed." 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert tbe calendar date or number of calendar days after the date olcommem.:ement. Also insert allY requirementsfor eCJrlier Su.bs/anlial Conlplerioll ulcer- I{J(TI por./ifl.ns Q/ the ~~'ork, If nul s/clleq elsewbere in Ibe ContrClc~ Documents.) . ~nou~u Contractor fa~l ot substant~ally complete any part of the work under this contract within the time specified or such late date as may result from an authorized extension of time, the Owner may retain liquidated damages in the sum of $100 per day for each consec- utive calendar day that the terms o'f the contract remains unfulfilled which sum is the proper measure of the liquidated'damages which Owner will sustain pe~ diem by failure of , subject to adjustments of this Contract Time as provided in .the Contract Documents. Contractor to complete the work h, ~l (l"s~rll>r(),.isi(J/Is. if any. for liqtlidat~d damaxes r~lating t() fai""e to complete UIl time.) the time s tipula ted. AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT' TWELfTH EDITION' AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON. D,C, 20006 A101-1987 2 WARNING: Unlicensed photocopying violates U,S, copyright laws and Is subJect to legal prosecution. -'t. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifty-Six Thousand, Six Hundred Dollars -------------------------------- Dollars ($ ----$56 600.00--------------- ),-subject to additions and deductions as provIded 10 the Con- tract Documents. ' 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents ;md are hereby accepted by the Owner: (State tbe numbers or otber identification of Clccepted alternates. If dec;s;olfS 0" olher alternates (lre 10 be nuute by"the Owner subsel/uelJ{ 10 (he execlltirJll of Ihi,' Agreeme1ll. allach (/ scbedule of such olber ,,/lemales sbowillg Ibe "moulll for e"cb "'", Ibe dale ulllil wbicb {bar a",ou1ll is /l(//id-J All of the Alternates will be accepted. TOTAL $15,200.00 2,000.00 31,000.00 4,400.00 4, QQg no / . ;~':;~~~~ 1~ Base Bid Alternate 1 Alternate 2 Alternate 3 AltcruCll.e 4 4.3 Unit prices, if any, are as follows: N/A AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA"' . @19M7 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 taws and is subject to legal prosecution, " ," " ARTICLE 5 ,PROGRESS PAYMENTS 5.1 Based upon Applicltions 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 in 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: As Above. 5.3 Provided an Application for Payment is received by the Architect not later than the (Fifteenth) 15th day ofa month, the Owner shall make payment to the Contractor'not later than the (Seco d) 2nd day of thefollowin month. Ifan Application for Payment is received by the Architect alter me appllc:ll1on date fixed above, payment shall be ma~ by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accord:lI1ce with the Contract Documents, The schedule of values shall :lllocate the entire ContrJct Sum among the various portions of the ,';rork and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require, This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applicllions 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. l'.lke thJt portion of the Contract Sum properly allocJble to completed Work as determined bymultiplying the percentage completion of each portion of the Work by the share of the to~l Contract Sum allocated to that portion'of the Work in the schedule of values, less retainage of Ten --------------------------------'------------------ percent ( 10% ')1,), Pending tlml determination of COSt to the Owner of changes in the -"<'ark, :UTIountS not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contracr Sum has not yet been adjUSted by Change Order; ,5.6.2 Add that portion of the Contract Sum properly alloclble to m:llerials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if 3pproved in advance by the Owner, suitably stOred off the site at a location agreed upon in writing), less rerainage of Ten ______________________________________ percent ( 10% %); 5.6.3 Subtracr the aggreg:ne of previous payments made by [he Owner: :md 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certitlcate for Payment as provided in Para- graph 9.5 of the General Conditions, 5.7 The progress payment amount determined in accordance with Paragraph 5,6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a Sum sufficient to increase the tOtal pavments to Ninety-Five -=.-------------------------------- percent ( '95% Sum, less such an10unts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if tlnal completion of the 'X/or\< is thereafter materially delayed through no fault of the Contractor, any additional amounts pay:!ble in Jccordance with SubparagrJph 9.10.3 of the Gener:!l Conditions, 5.8 Reduction or IimitJtion of retainage, if any, shalJ be as follows: O{ it i.'\ illtended, !Jrior to SuhstaJltial Ccull/JlelioJl (~/ the enUre \\'1nrk, 10 redw:e or limit the re{u;llage reslIltiug from (be f)f!n:eIH(<<.'5(:'~ inserted in .')'UbI'Cl,.(to ;.:rtifJ"s 5. (,. I lind 5. (J, J a/JUI'e', (lnd Ibis is Hot t:'xjJlailwc/.elsewbere i/l the: C()lllraCf Documents, insert bere prouisiollS lor sllch reductio" or limitation.) Until the work is 50% compelte, the Owner will pay 90% of the amount due the Contractor on account of progress payments. ,At the time the work is 50% complete, if the manner of compl etion of the work and its progress are and remain satisfactory to the Architect, and in the absence of other good and sufficient reasons, the Architect shall (on presentation by the Contractor of Consent of Surety) certify for payment to the Contractor falf of the funds then held as retainage by the Owner. Thereafter, the Owner will pay 95% of the amount due the contractor on account of remaining progress payments. The full contract reatainage may be reinstated if the manner of completion of the work and itt ~r~~rfis~ d~ n8t f@~ab~ s~ti~t AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'. . @19A7Lu , 1. '-.L 1::'- , he ':l ~~ THE AMERICAN INSTITUTE OF ARCHITECTS. I T~S NEW YORK AVENUE. N'w. WASHINGTON, D,C, 2oooc9,nd s uf f ic ien t rAtOtl4Qli7 4 see B4 pg 3 - Paragraphs 9.3.1.3 & WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. %) of the ContrJct n "') , .4 'i -;- 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 '(1) the Contract h:15 been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work :15 provided in Subparagraph 12.2,2 of the General Conditions and [0 satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certit1cate for Payment h:15 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 Certit1cate for Payment, or :15 follows: As above ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to J provision of the General 'Conditions or another Contract Document, the ref- erence refers [0 thJt provision :15 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 1he Project is located. (lns('rt rate (~,- interest (I~rr.'ed upon, ~I al1Y.) N/A (Usury [{HOS and rec/uirements UNder the Feder{ll Trlttb in Lending-Act, similar stat/! alld local C01JSri11W;- creelit laws (llllJ uther regulations at the OWHl~r 's allc/ C(J,ltroc(or's priflci/w/ plnces of busilles.... (be Incatiull (~/ tbe Project and elsewhere may aj/eet (be mllit/ity vf this prol'isiotJ. Legal adpice sbould he obtained witb respect to dele/iulls ur mo,'(licclli(JIlS, (lnd a/su ,.et.;:,rdiIl8 requirements .~tlcb as llwit/efl disc!oSUfPS Of ll1C1il!ers.) 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 Al0l . OWNER,CONTRACTOR AGREEMENT. TWELFTH EDITION. AIA<!l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 17:'>S 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 Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement 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 AlO 1, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 7, 2000 ' and are as follows: Document Title Pages Bl B2 B3 B4 B5 B6 Form of Agreement Form of Bonds General Conditions Supplemental General Conditions Drawings and Specifications Special Restrictions 9.1.4 'The Specifications are those contained in the Project Manual dated as,in Subparagraph 9.1.3, and are as follows: (Eil/ler list the Specifiwtirms here or refer to (In exhibit aI/ached to this Agreement.) Section Title Pages See attached sheets TC-l and TC-2 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 6 WARNING: Unlicensed phOIOc'opying viol ales U.S. copyrighllews and Is sublecllo legal prosecution. 9.1.5 The Drawings are as follows. and are dated March 7, 2000 (I:'ithl'r list the /Jrall'ings hen: uY n.:(c.'r (U CUI l'xhihil tI/lm.:hed In this AMreeml'llt.) unless a different elate is shown below: Number Title Date C-l Sitework A-I Architectural 9.1.6 The addenda, if any, are as foll;)ws: Number Date Pages N/A Portions of addenda rebting to bidding requirementS are nOt pan of the Contract Documents unless the bidding requirements :Ire also enumerated in this Anick 9. AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1<)H7 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~S NEW YORK AVENUE, N.w., WASHINGTON, DL 2IJOu6 A101-1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ;- 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (Lisl here any addilional documents which are intended to Jorm part oj tbe Contract Documents, The General Conditions prol'ide thai bitlding reql4irements such as advertisement or invitation to bid, lnstruclions to Bidders. sample Jorms and the Contmctor's bid are not part of tbe Contract Documents 1m less enumerated in this Agreement. They should be lisled bere only if intended to be part of the Contract Documents) The following attachments A, B, C, and 0 are hereby made a part of the contract documents and this agreement will supercede any previous directions. 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 (he Contract, and (he remainder to [he Owner. CONTRACTOR (Signalllre) Tony (Printed nome and title) onner, CAUTION: You should sign an original AlA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. 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 8 WARNING: Unllcensed,photocopylng violates U.S, copyrl,ghtlaws and Is subject to legal prosecution. ~ "ATTACHMENT A" 1. This agreement is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, a.c.G.A. Section 13-11-1, et Seq. In the event any provision of this Agreementis inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. "ATTACHMENT B" 2. All claims, disputes and other mattes in question between the Owner and Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superio~ Court of Richmond County; Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. "ATTACHMENT C'" 3. Notwithstanding any provision of the law to the contrary, the parties agree that no interest. shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waive any claim to the same. TABLE OF CONTENTS DIVISION A - BIDDING REQUIREMENTS Al A2 A3 A4 ,Proposal - AS Invitation to Bid Instructions to Bidders Supplementary Instructions to Bidders Form of Proposal Proposal Form Form of Bid Bond DIVISION B - CONTRACT DOCUMENTS Bl 82 83 84 B5 B6 Form of Agreement Forms of Bonds General Conditions Supplemental General Conditions Drawings and Specifications Special Restrictions DIVISION I - GENERAL REQUIREMENTS IA-1O IE-IO IF-1O lG-IO IH-1O 11-10 1M-II Special Conditions Submittals Alternates Liquidated Damages Equal Materials Project Closeout Cutting, Patching, and Demolition NOT USED DIVISION 2 - SITE WORK DIVISION 3 - CONCRETE NOT USED DIVISION 4 - MASONRY NOT USED DIVISION 5 - METALS NOT USED DIVISION 6 - WOOD AND PLASTICS 6A- 10 Rough Carpentry .. DIVISION 7 - THERMAL AND MOISTURE PROTECTION 7F-20 7F-40 7J-12 Built-up Roofing, Insulation and Sheet Metal Asphalt Fiberglass Base Shingles Caulking and Sealants DIVISION 8 - DOORS AND WINDOWS 8A-ll 8A-13 8B-1O Hollow Steel Door Frames Hcillow Steel Doors Wood Flush Solid Core Doors TC -I DIVISION 9 - fI:NISHES 9C-II 9H-1O 9H-40 9M-IO Ceramic Floor Tile and Base Resilient Flooring Resilient Base Painting NOT USED DIVISION 10 - SPECIALTIES NOT USED DIVISION 11 - EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS DIVISION 13 - SPECIAL CONSTRUCTION NOT USED NOT USED DIVISION 14 - CONVEYING SYSTEMS DIVISION 15 - MECHANICAL 15C-I0 15C-20 15C-30 lSC-SO Heating Ventilating & Air Conditioning HV AC Equipment Ductwork and Accessories Systems Performance Tests and Balancing DIVISION 16 - ELECTRICAL 16A-1O 16A-20 16A-30 16A-40 General Provisions Conduit Outlet Boxes Pull Boxes, Junction Boxes and Fittings END OF TABLE TC -2