HomeMy WebLinkAboutR C N CONTRACTING INC IMPROVEMENTS TO THE BOATHOUSE (2) � �
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��� TY
=•_ Document A� 01 - 2007
Standard Form of Agreement Between Owner and Confractor where the basis of
paymen� is a Stipulated Sum
( AGREEMENT made as of the Twenty-fifth day of Februarv in tkie year Two Thousand Eleven
(In words, zndicate day, month and year.)
BETWEEN the Owner:
(Name tegal status, address und other in formation) This document has important
legal consequences. Consultation
Au�usta, GA, a political subdivision of the State of Georgia with an attomey
530 Greene Street, Room 801 is encouraged with respect to
Au�;usta, GA 30911 its completion or modification.
AIA Document A201'TM-2007,
General Conditions of the
and the Contractor:
Contract for Construction, is
(Name, legal status address and other in formation) adopted in this document by
reference. Do not use with other
general conditions unless this
R.C.N. Contractin , Inc. document is modified.
1115 Franke Place Court
Au�usta, GA 30909
Teleuhone Number: 706�33-2081
for the following Ptoject:
(Name, location artd detailed description)
Improvements to the Boathouse
The Boathouse
101 Riverfront Dr.
Augusta, GA 30901
The Architect:
(IVame, legal status, address and other information)
Vir�o Gambill Architects. PC
2531 Center West Parkwav. Ste. 200
Augusta, GA 30909
Telenhone Number: 706-736-3661
F� Number: 706-736-4552
The Owner and Contractor agree as follows.
AIA Document A101TM — 2007. Copyright � 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright law and Mternationai Treaties. Unauthorized �
reproductian or distribution af this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
� maximum extent possible under the law. This document was produced byAlA soflware at 14;45:26 on 03l�2/2011 under Order No.3767376090_1 whiektexpit8s
on 12/02/2011, and is not for resale.
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TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS GONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLAMEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Doc;uments 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, all of which form tlie Conizact, and are
as fully a part of the Ca�txact as if attached to this Agreement or repeated herein. The Coniract represents the entire
and integrated agreement between the parties hereto and supersedes priar negotiatians, representations ar agreements,
either written ar aal. An enumeratian of the C�tract Documents, other tlian a Modification, appears in Arricle 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fuliy execute the Work described in the Contract Documents, except as specifically indicated 'm
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made far the date ta be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will
be faxed in a notice to proceed.)
� The commencement date will be fixed in a notice to nroceed.
If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the
Owner's time requirement sha11 be as follows:
I None
§ 3.2 The Contract Time shail be measured from the date of commencement.
I § 3.3 The C�tractor shall achieve Substantial Completion of the entire Work not later than Nine ( 90 days from the
date of coinmencement, ar as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencemerat. If appropriate, insert requirements for eardier Substantial Completion of certain portions of the
Work.)
Init '°'�A Document A101'TM — 2007. Copyright � 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserv¢d. WARNING; This AIA' Dpcument is protected by U.S. Copyright Law and internationai Treaties. Unauthorized Z
reproduction pr distribution ot this AIA� DocumenY, or any portion of it, may result in severe aivil and criminal penalties, and wiil be prosecuted to the
� maxim�m extent possibie under the law. This documentwas produced byAIA soflware at 14:4526 an 03l02/2011 under Orde� No.3767376090_1 which e�ires
on 12/02/2011, and is not for resale.
User Notes: (1366119734)
� (
Portion of Work Substantial Completion Date
� N/A
, subject to adjustrnents of this Contract Time as provided in the Coniract Documents.
(Insert provisions, if any, for ltquidated damages redating to failure to achieve Substantiad Completion on time or for
bonus payments for early completion of the Work.)
The Contractor agrees to nav to the owner lic7uidated dama�es in the amount of $100.00 (one hundred dollars for each
consecutive calendar day beginning with the first calendar dav after the scheduled ,project campletion time of 90
consecutive calendar days, except for autk►orized extensions of time by the owner.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Cantractor the Contract Sum in current funds far the C�tractor's performance of the
Conh The Contract Sum shall be Two Hundted Fiftv one Thousand Thirtv-nine Dollars and Zero Cents ($
251,034.001, subject to additi�s and deducrions as provided in the Contract Documents.
§ 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 the nurrabers or other identifecation of accepted alternates. If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amount for each and the date when that amount expires.)
Alternate One: ADD $13,000 to the base bid for removing rust and corrosion from all the e�stin�posed structural
steel, then repaintin� in accardance with Section 09 90 00.
Alternate Two: ADD $15.900 to the base bid for removin� partions of the lower level wood deck and stxucture,
removing certain existing concrete curb and gutter, reinfarcing portians of the remaining wood deck sh then
installing a new 4 inch thick concrete pad, along with necessary foundation walls and turned down slab ed e� s as
shown on the drawings and described in Constructian Notes 17, l 8 and 19.
Alternate One and Two are included in the cantract price of $251,039.
§ 4.3 Unit prices, if any:
(Identify and state the unit price; state quantity limitafions, if any, to whzch the unit price will be appdacable.)
Item Units and Limitations Price Per Unit (SO.00j
1 Remove, then properly and legaily Per board foot $17.00
dispose of all rotted/deteriorated existing
deck stiuctural framing. Replace with
like-sized qualitv, and species of enr ssure
treated lumber.
2 Add pressure treated 2x4 "sister" Per linear foot $6.00
reinforcement to eacisting structural
deckingjoists, as necessarv, were the to�
edge of the eacistin� joists are too damaged
andlor split to adequately receive and
hold new stainless steel screws used to
install new wood decking above. 2-1/2"
stainless steel screws at 12" o.c. shall be
used. Install "sister" joists the full leneth
of the dama�ed existing joist.
3 Remove, then properlv and legally
dispose of all rotted/deteriorated existine Per square foot $4.00
wall sheathing. Renlace with like-sized,
quality and species of P.T. plvwood
sheathin�.
AIA Document A701TM — 200T. Copyright � 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
I�it. �nstitute of Archiiects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3
reproduction or distribution of this AI/a� Document, or any portivn of it, may result in severe civii and criminal penalties, and will pe prosecuted to the
� maximum extent possibfe under the law. This dceumentwas produced byAlA soRware a214:45:26 o0 03/0212011 under Order No.3767376090_1 which e�ires
on 12l02/2011, and is not for resale.
User Notes: {1366119734)
4 Repair dama�ed EPDM sin l�e ply
membrane roofing in accordance with Per square foot 8.00
nroper and accepted roofing industrv
standards.
§ 4.4 Allowances included in the Contract Sum, if any:
(Identify altowance and state exclusions, if any, from the allowance price.)
Item Price
� N/A
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to tkie Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payrnents on account of the Contract Sum to the
Contxactar as provided below and elsewhere in the Con�act Documents.
§ 5.1.2 The period covered by each Application for Payrnent shall be one calendar month ending an the last day of the
month, or as follows:
� 25th of the montli
§ 5.1.3 Provided that an Application for Payment is received by tl�e Architect not later than the Twenty-fifth day of a
month, the Owner shail make payment of the certified amount to the Contractor not later than the Twentieth day of the
followin� month. If an Applicarion for Payment is received by the Architect after the application date fixed above,
payment shall be made by the Owner not later than �( 30 } days after the Architect receives the Application for
Payment.
(Federal, state or local laws may require payment within a certain period of time.)
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor
in accordance witli the Cantxact Documents. The schedule of values shall allocate the entire Contract Sum among the
various portians of the Work. The schedule of values shall 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 Applications for Payment.
§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of tlie Work as of the end of
the period covered by the Applicatian for Payment.
§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shali be
computed as follows:
.1 Take that portion of the Cantract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of T�ercent ( 10.00 %).
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall
be included as provided in Section 7.3.9 of AIA Document A201T"�2007, General Conditions of the
Contract for Construction;
.2 Add that partion of the Cantract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorparation 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 parcent ( 10.00 %);
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Arclutect has withheld or nullified a Cerkificate for Payment as
provided in 5ecrion 9.5 of AIA Document A201-2007.
§ 5.1.7 T`he progress payment amount determined in accordance with Section 5.1.6 shall be further modified under tlie
following circumstances:
Init �A Document A1Q1'"` — 2007. Copyright �O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING. This AIA`'' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 4
reproduction or distribution of this AIA`"' Document, or any portion of it, may result in severe civii and criminal penalties, and will be prosecuted to the
� maximum extent possib�e under the law. This document was produced by AIA soflware at 14:4526 on 03J02/2011 under Order No.3767376090_1 which expires
on 12/02/2011, and is not for resale.
User Notes: (1366119734)
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Wark, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 ofAIA DocumentA201-2007 requires release of applicable retainage upon Substantial
Campletion of Work with consent of surety, if any.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor,
any additional amounts payable in accordance with Sectian 9.10.3 of AIA Document A201-2007.
§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Wark, to reduce ot- limit the retainage resulting from the
percentages inserted in Sections 5.1.6.1 and 5.1. 6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
� None
§ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materiats or equipment which have not been delivered and stored at the site.
§ 5.2 FINAL PAYMENT
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractar when
.1 the Gontractar has fuily performed the Confract except for tlie Contractor's responsibility to correct
Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if
any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by the Architect.
§ 5.2.2 The Owner's final payment to the Contract� shall be made no later than 30 days after the issuance of the
ArchitecYs final Certificate for Payment, or as follows:
( None
ARTICLE 6 DISPUTE RESOLUTIQN
§ 6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 152 of AIA Document A201-2007, unless the
parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.
(If the parties mutuadly agree, insert the name, address and other contact information of the Initial Decision Maker, if
other than the Architect.)
� N1A
§ 6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the
method of binding dispute resolution shall be as follows:
(Check the appropriate box. If the Ow�zer and Contractor do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be
resolved by litigation in a court of competent jurisdiction.)
[] Arbitration pursuant to Section 15_4 of AIA Document A201-2007
I [ X j Litigation in a court of competent jurisdictian
[ ] Other (Specify)
Init 'vA Document A101 TM— 2007. CopyrigM 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5
reproductipn or dis#ribution of this AIA' Document, or any portion af it, may result in severe civii and criminel penalties, and will be prosecuted to the
' maximum extent possfble under the {aw. This document was produced byAlA software at 14:45:26 on 03/02t2011 under Order No.3767376090_1 which e�ires
on 12l02/2011, and is notfor resale.
User Notes: (1366119734)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractar as provided in Article 14 of AIA Document
A201-2007.
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 ar another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
§ 8.2 Payments due and unpaid under the Cantract shall bear interest from the date payment is due at the rate stated
below, or in tk►e absence thereof, at the legal rate prevailing from time to time at tlie place where the Project is located.
(Insert rate of interest agreed upon, if any.)
� as above % ver annum
§ 8.3 The Owner's representative:
(Name, adaress and other information)
§ 8.4 The Coniract�'s representative:
(Name, address and other information)
Ralph C. Newrnan, Jr.
1115 Franke Place Court
Au�usta, Georgia 30909
Telephone Number: 706-�33-2081
§ 8.5 Neither the Owner's n� the C�tractor's representative shall be changed without ten days written notice to the
other pariy.
§ 8.fi Other provisians:
I None
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in
the sections below.
§ 9.1.1 The Ageement is this executed AFA Document A101-2007, Standard Form of Agreement Between Owner
and Contractor.
§ 9.1.2 The General Canditians are AIA Docuinent A201 2007, General Conditions of the Contract for Ca�s�uction.
I § 9.1.3 The Supplementary and other Conditions of tlie �:Contract are those contained in the r�oiect manual
dated October 29. 2010, and are as follows:
AIA Document A107TM — 2007. Copyright � 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init Institute of Architects. All rights reserved. WARNING: This AIA�' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized s
reproduction or distribution of this AIA"' Document, or any portian of it, may result in severe civif and criminal penalties, and wiH be prosecuted to the
� maximum extent possibie under the law. This document was produced byAlA software at 14:45:26 on 03/0212�11 under Order No.3767376090_1 which e�ires
on 12/02/2011, and is notfor resale.
User Notes: (1366119734)
Document Title Date Pages
Section 00 72 00 General Conditions October 24, 2010 1
Section 00 73 00 SupplelnCritaTy October 29, 2010 4
Conditions
§ 9.1.4 The Specifications:
(Either dist the Specifecations here or refer to an �xhibit attached to this Agreement.)
� cantained in the uroiect manual dated October 29. 2010
Section Title Date Pages
( Section 00 Ol 00 Table of Contents October 29, 2010 2
§ 9.1.5 The Drawings:
(Either Ifst the Drawings here or refer to an exhibit attached to this Agreement.)
� dated October 29, 2010. The list of drawings contained in proiect manual und� the followin� section:
Number Title Date
� Section 00 Ol 15 List of Drawings October 29, 2010
§ 9.1.6 The Addenda, if any:
Number Date Pages
� 001 December 4, 2010 1
Portions of Addenda relating to bidding requireme�nts are not part of the Contract Documents unless the bidding
requiretnents are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any, forming part of the Con�act Documents:
.1 AIA Document E201TM-2�7, Digital Data Protocol Exhibit, if completed by the parties, ar the
following:
� N/A
.2 Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the Contract Documents. AIA
Document A201-2D07 provides that bidding requirements such as advertisement or invitation to bid,
Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents
unless enumerated in this Agreement. They should be listed here only if intended to be part of the
Contract Documents.)
I All section contained in the project manual dated October 29, 2010as well as all drawings and
addendums.
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document
A201-200'7.
(State bonding requirements, af arey, and dimits of diability for insurance required in Article 11 of AIA Document
AZ01-2007.)
Type of insurance or bond Limit of liat�lity or bond amount ($0.00)
I 100 nercent Performance Bond
l OQ percent Payment Bond
AIA Dxument A101 TM— 2007. Copyright � 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init Institute of Architects. All rights reserved. WARNING: This AIA�' Document is protected by U.S. Copyright Law and International Treaties_ Unauthorized 7
reproduct+on or distribution of this AIA� Document, or any portian of it, may result in severe civil and criminal penatties, and will be prosecuted to the
� maximum extent possibte under the faw. This dowmentwas produced byAlA soflware at 14:4526 on 03/02/2011 under Order No.3767376090_1 which e�ires
on 12J02l2011, and is not for resale.
User Notes: (1366119734)
, . �.
This Agreement entered into as of the day and year first written above.
, � / 7
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QWNER (Signature) ,�' CON (Signature)
�� (�" Ralnh C. Newman. Jr.
(Printed name and title) (Printed name and title)
Attest
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AIA Document A707 TM— 2Q07. Copyright OO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1�3, 1967, 1974, 1377, 1987, 1991, 1997 and 2007 by The American
IniL Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized $
reproduction or distribution af Yhis AIA� Document, or any portion of it, may resutt in severe civil and criminal penalties, and will be prosecuted to the
� maximum extent passible u�der the iaw. This document was produced byAlA soflware at 14:45:26 on 03t02/2011 under Order No.3767376090_i which expires
on 12/02J2011, and is not for resale.
User Notes: (1366119734)