HomeMy WebLinkAboutPark Construction and Renovations Flagler Road Park
Augusta Richmond GA
DOCUMENT NAME: (oIF- C OYl S !rUCif ~fI O-V1 cl k (: V'OUCZ .+-, lJn5
riD f)J~y R0(;.C{ Po-vK
DOCUMENT TYPE: [Of]. /r&..l....!
YEAR: ! qf1&
BOX NUMBER:
?
FILE NUMBER: ) :2 f;) q
NUMBER OF PAGES:
Q
.
THE
AMERICAN
-,' I
N S TIT U TE
o F
ARC HIT E C T S
AlA Document AiOi
Standard Form of Agreement Between
Owner and Contractor
where the basis oj payment is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
-The 1987 Edition of AlA Document A201,. General Conditions of the Contract for Construction, is adopted
in this document by reference. Do not, use with: other general conditions unless this document is modified.
This document has been approved and endorsed by The Associated General Cont~actors of America.
AGREEMENT
BETWEEN the Owner:
'rz.
JS-
'A..C.~~ ~"1
Augustao-F,ichlf,onc1 COl.lnt.y Consolidated Governrrr::mt
530 Greene St.
Augusta; GA 30911
day of
DJ,,~
in the year of
made as of the
Nineteen Hundred.and
(Name and address)
and the Contractor:
(Name and address)
Astra Group, Ine.
11650 MJuntain Laurel Dr.
Roswell, GA 30075
The Project is:
(Name and location)
"-:t... . -
Park Construction and Renovations Flagler Road P~k
The Architect is:
(Name and address)
Roger W. Davis Landscape Architect, Ine.
120 Fifth St.
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, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation
of its provisions without written permission of the AlA violates the copyright laws of the United States ancl will be subject to
legal prosecution.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution,
A101-1987 1
- 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 Agreeillent; 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:
. ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of
this Agreement, as first written above, unless a different date is stated below or provision is made fonhe date to be fixed in a notice
to proceed issued by the Owner.
(lnserllbe dale of commencemenl,' if if differs from Ibe date of Ibis Agreemenl or, if afJfJlicalJle, stale tbat Ibe dale will be fixed in a notice 10 proceed)
Date of ccmrencenent shall be stipulated in the "Notice to Proceed"
Unless the date of commencement is established by a notice to. proceed issued by the Owner, the Contractor shall notify the
Owner in writingnot less than five days before commenciflg the Work to permit the timely filing of mortgages, mechanic's liens
and other security interests. .. .
Ninety (90) . consecutive calendar' days after the' date of the "Notice to Proceed"
3.2 The Contractor shall achieve Substantial Coinpletion of the entire Work not later than
(Insert/be calendar date or number of calendar daj!s after tbe date of c()fJ1m.ellc('~llellt. A/soinsert allY requirements/or earlier .Sub~....talllial Completion of cer-
tain portions of tbe \fIork, if not slaled elsewbere in Ibe ConlraC! DOCl~lIlenls.)
, subject .to adjus~ments of this Contract Time as provided in the Contract Documents.
(f1lserl pro/lisioIlS, if any, for li'll/idaled damages relating 10 failure 10 com/:'ele 011 time.)
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
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution,
A101-1987 2
.,
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
one hundred two thousand eight hundred fifty ann no/IOOs . Dollars
($ Sl02 850.00 . . ), subject to aCIaitloi'{s' ana deductions as provided in the Con.
tract DocUfi{ents. . . .
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Owner: .
(State tbe numbers or otber identification of accepted alternates. If decisions on otber alternates are to be made by the Owner subsequent to Ihe execution of
. this Agreement, attacb a schedule of such otber altemates sbowing tbe amoUllt for eacb and tbe date until wbich thaI amount is valid.)
Alternate "A"
4.3 Unit prices, if any, are as follows: .
None
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 3
WARNING: Unlicensed photocopying violates U,S, copyright laws and Is subject to legal prosecution.
ARTICLE 5
. PROGRESSPA YMENTS
5.1 Based upon Applications for Payment submitted t.o tlie 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 th~ last day of the month, or as
follows:
5.3 Provided an Application for Payment is received by the Architect not later than the ~ty:-Fifth
'. day of a month, the Owner shall make paymert to me Contractor not later than
the Tenth .. . day of the fall . month. If an Application for Payment is received by the
Architect after the application date fixed.above, payment STlarr5~~by the Owner not later thahtwenty (20)
. days after the Architect receives the Application for Payment. .
5.4 Each Application for Payment.shall be basedlljJon the schedule of values'submitted by the Contractor in accordance with
the Contract Documents. The schedule of values shall allocate.the entire Contract Sum alilOng the various portions of the Work
and be prepared in such form :ll1d supported by ~uch 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 revie\ving the <:ontractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment.'
5.6 .Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:
5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Work by t.he share of the toral Contract Sum allocated to that portion of the Work in the schedule
of values, less retainage of ten . , . percent
( 1 0 . %). Pencling final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be
incluoed as provided in Subparagraph 7.3.7 ofthe'General'Conditions even though the Contract Sum hasnot yet been adjusted
by Change Order;
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the
site for subsequent incorporation in the completed construction (or, if approved in advance. by the Owner,' suitably stored off the
site at a location agreed upon'in writing), less retainage of ten .
percent ( 10 %); .
5.6.3 Subtract the aggregate of previolis payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the 'Architect has withheld or nullified a Certificate for Payment as provided in Para-
graph 9.5 of the General Conditions.
5.7 The preigress payment anlOunt determiried in accordance ,vitl1 Paragraph 5.6 shall be furth~r modified under the following
circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
,., . ". ..' percent ( . 90
Sum, less suSh anlounts as the Architect shall determine for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional
amounts paya.ble in accorda~ce with Subparagraph 9..10.3 of the General Conditions.
5.8 Rcductioil or limitation of retainage, if any, shall be as follows:
(If it is intended. fJriejr to SUbSl{llltilll CU11ljJletion of tbe cnltre \ffork, to" reduce or limit /be re/ainage resu/tillgjro11l tlJe percell/ages inserted ill'SuJJjJcU"O-
}!,raf>hs 5. (): I (/lId .5.6.2 abuut!, and Ihis is 110/ exp/(lilled ~/sel~'b~reJ"'llJe COIl/raet Documents, insert bere jJrolJ;siolls /01' ~'ucb reduction 0,. limiltltion)
ninety
%) of the Contract
AlA DOCUMENT Al0l . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AIA<!l . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINs;TON, D.C. 20006
A101-1987 4
WARNING: Unlicensed photocopying violates u.s. copyright laws and Is subject to legal prosecution,
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) .
the eontract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming
Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by
the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows:
ARTICLE 7
_ MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref-
erence refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in
the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Insert rate oJ illterest agreed UpOIl, if allY.)
(Usury laws alld requiremellts ullder the Federal Truth ill Lelldillg Act, similar state alld local consumer credit laws alld otber regulaliolls al the Owner's arId
COil tractor 's prillcipal places oJ husilress, the locatioll oJ the Project alld elsewhere may affect the validity oJ tbis provisioll. l.egal advice sbould be ohtailled
with respect to deletiolls or modificatiolls, alld also regardillg requiremellts sucb as writtell disclosures or waivers.)
7.3 Other provisions:
N/A
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General. Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA\!) · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 5
WARNING: Unlicensed photocopying violates U.S, copyright laws and Is subject to legal prosecution,
ARTiCLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except 'for Mbdifications issued after execution of this Agreement, are enumerated as follows;
9.1.1 The Agreement is this executed Standard f~rm of Agreement Between Owner and Contractor, ALA Document AlGI, 1987
Edition. "
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, ALA Docume'nt A2GI, 1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
July 29, 1996 . , and are as follows: .
Document
Title
Pages
Bid Bond
Perfonnance Borid
paynent Bond
General Conditions
~ficatlons'. to the Generill Conditions
D+.l :to 0-2
F~l to F-2
G-l to G-2
1 to 24
I-1U.to 1-4
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 ibe Specifications bere or refer to all exbilJit al/acbed to tbis Agreement.)
Title
Section
Pages
02000
02060
02100
02200
02400
02513
1148
16000
16010
16015
16020
16030
16040
16050
16060
16070
. '16090
16100
16110
16120
'16205
16210
02515
Site Work
Denolition . _
Site Preparation-
Earth\\Ork
Site Drainage
Asphaltic Concrete Paving
Play Equiprent
General (Electrical)
Lighting and ~,pane11:x::>ards
'~s '.
Conduit
Conductors .
Outlets
Wiring Devices & Device Plates
Lighting Fixture~. and Lamps
Disconnect Switches
PHoto Control' and ContaCt..or
Pull Boxes and Junction BOxes and Fittings
Grounding' . .
Equiprent. 'Identification .
Concrete Floodlighting' poles .
Construction Reviews InspeCtion and Testing
COncrete Curbs, Walks and Paving.
02000-01 to 02000-02
02060-01 to 02060-03
02100-01 to 02100-03
02200-01 to 02200-09
02400-01 to 02400-08
02513-01 to 025l3~08.
ll48~01 to 1148-02
16000-ili.L tb..16000'-'9
16010-1 to16010-3
16015-1 to 16015-2
16020-1' to 16020-6
16030-1 to 16030-2
16040-1 to 16040-2
16050~1 to 16050-4
16060-1 to 16060~2
16070-1 to 16070-2
16090~1
16100-1
16110~1 to 16110-2
16120..;..1
16205-1 to 16205-5
16210-1 to 16210-2
02515-01 to 02515~08
AlA DOCUMENT. A101 . OWNER-CONTRACTOR AGREEMENT .'TWELFTH EDITION. AIA<!l . @1987 .
THE AMERICAN INSTITUTE OF ARCHITECTS, 1,735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution,
A101-1987 6
. "
9.1.5 The Drawings are as follows, and are dated
(Either list the Drawi1lgs here or refer to all exhihit attache,!. to tbi~ Agreeme1lt.)
unless a different date is shown below:
Number
Title
Date
C3
C4
CS
Flagler Pc.i.rk Staking Plan
Flagler Park Grading Plan
Playground JmIargenent Plan for Flagler
and Warren Road . Parks "
Misc. Details for Flagler & Warren Road Parks"
Site Plan for Flagler Road Park(Electrical) "
Detail Sheet(Electrical) "
July 29, 1996
"
C7
El
E3
9.1.6 The addenda, if any, are as follows:
Number
Date
Pages
Name
1
10.,.15-96
,1 (one)
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 9.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AIAt!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
Al0l.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:
(Listliere any aciditional documellls which are illlended to fornl'part of the Contract Documellls. The General Conditions prallide that hidding requirements such
as adllertisemelll or inllitationto bid, Instructions to Bidders, samplefornzs alld Ihe Contractor's bid am not part of the Contract Documellls unless enumerated
in this Agreemelll. They should be listed here only if intended to be part of the Contract Documents.) .
. Advertiserrent for Bids'
Infonnation for Bidders
Bid Proposal Form
This Agreement 'is entered into as of the day and year first written above and is executed in at least three original copies of which
one is to be delivered to the Contractor, one to the.Architect for use in the administration of the Contract, and the remainder to the
Owner.
~yor/Ch;:>; rrnan Augusta-Ri&.nDnd. Co.
(Prinled name and tille)
ONT~
(Sigl~ .../ .
~ -D. )pD)!lJ- ~S,
(Prinled name and title)
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlAI!> . @I987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON', D.C. 20006
A101-1987 8
WARNING: Unlicensed photoCopying violates U,S, copyright laws and Is subject to legal prosecution,
ADDENDUM 1 TO STANDARD FORM OF
AGREEMENT BETWEEN OWNER AND CONTRACTOR
1. This Agreement is intended by the Parties to, arid does,
supersede any and all provisions of the Georgia Prompt Pay
Act, O.C.G.A. ~ 13-11-1, et. seq. In the event any provision
of this Agreement is inconsistent with any provision of the
Prompt Pay Act, the provision of this Agreement shall control.
2. Claims, disputes or other matters in question between the
parties to this Agreement which arise out of or relate to this
Agreement or a breach thereof shall be decided in the Superior
Court of Richmond County, Georgia.