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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.