HomeMy WebLinkAboutCONTRACT FOR CONSTRUCTION SERVICES FOR RENOVATIONS TO THE CENTRAL SERVICES DEPARTMENT ADMINISTRATIVE OFFICES ON PEACH ORCHARD ROAD MOM
Document A101 TIA - 2007
Standard Form of Agreement Between Owner and Contractor where the basis of
payment is a Stipulated Sum
AGREEMENT made as of the Twenty-First day of December
in the year Two Thousand and Seventeen
(In words, indicate day,month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
This document has important legal
Augusta Richmond County Commission consequences.Consultation with
535 Telfair Street an attorney is encouraged with
Augusta, Georgia 30901 respect to its completion or
modification.
AIA Document A201 Tµ-2007,
General Conditions of the
Contract for Construction,is
adopted in this document by
and the Contractor reference.Do not use with other
(Name, legal status, address and other information) general conditions unless this
document is modified.
Contract Management, Inc.
1827 Killingsworth Road
Augusta,Georgia 30904
for the following Project:
(Name, location and detailed description)
Renovation and Addition to Central Services Department Office
Central Services Department
2760 Peach Orchard Road
Augusta,Georgia 30906
The Architect:
(Name, legal status, address and other information)
Christopher Booker&Associates, PC
670 Broad Street
Augusta,Georgia 30901 •
The Owner and Contractor agree as follows.
trait. Document A101 TM—2007.Copyright ID 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of
Arctxleds.Ail rights reserved.WARNING:This Ate Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or
distribution of this AleDocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible 1
under the law.This document was created on 04/13/2016 09:34:01 under the terms of AIA Documents-on-Demands,order no. 2009298110 ,and is
not for male.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
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,all of which 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 a Modification,appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in 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 for the date to 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
fixed in a notice to proceed.)
If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the
Owner's time requirement shall be as follows:
§3.2 The Contract Time shall be measured from the date of commencement.
Init. Docurner A101 T"—2007.Copyright S 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 ALIO Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or 2
distribution of this AtA'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 created on 04113/2016 09:34:01 under the terms of AIA Documents-on-Demancrm order no. 2009298110 ,and is not
for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
§3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than
One Hundred Fifty ( 150 )days from the date of commencement,or as follows:
(Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of
commencement.If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work)
Portion of the Work Substantial Completion Date
,subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus payments for early completion of the Work)
ARTICLE 4 CONTRACT SUM
§4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract.The Contract Sum shall be
Five Hundred Twenty Nine Thousand Five Hundred Eighty Four Dollars
($ 529,584.00 ),subject to additions and deductions 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 numbers or other identification 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.)
§4.3 Unit prices,if any:
(Identify and state the unit price;state quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit($0.00)
AIA Doctmnent Al01 TM—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967.1974,1977,1987,1991,1997 and 2007 by The American Institute of
!nit Architects.All rights reserved.WARMNG:This AtAfiDocument is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or
distribution of this AleDccurnent,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extant possible
under the law.This document was created on 04/13/2016 09:34:01 under the terms of AIA Documents-on-DemandTM order no. 2009298110 ,and is not
for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
§4.4 Allowances included in the Contract Sum, if any:
(Identify allowance and state exclusions, if any,from the allowance price)
Item Price($0.00)
General Allowance(Contingency) $25,000.00 Total Allowances $50,000.00
Site Improvements $20,000.00
Kitchen Appliances $ 5,000.00
ARTICLE 5 PAYMENTS
§5.1 PROGRESS PAYMENTS
§5.1.1 Based upon Applications 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.
§5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the
month,or as follows:
§5.1.3 Provided that an Application for Payment is received by the Architect not later than the day
of a month,the Owner shall make payment of the certified amount to the Contractor not later than the 30th
day of the(same)(follomonth.Ilan Application for Payment is received by the Architect after the application date
fixed above,payment shall be made by the Owner not later than Thirty ( 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 with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the
various portions 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 the Work as of the end of
the period covered by the Application for Payment.
§5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed
as follows:
.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 the share of the Contract Sum
allocated to that portion of the Work in the schedule of values,less retainage of
Ten percent( 10 %).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 A201 Ti`s-2007,General Conditions of the Contract for Construction;
.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 %);
.3 Subtract the aggregate of previous payments made by the Owner;and
.4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as
provided in Section 9.5 of AIA Document A201-2007.
init. AIA Document A101'""—2007.Copyrights 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997and 2007 by The American Institute of
Architects.AU rights reserved WARNING:This AtACDocument is protected by U.B.Copyright Law and International Treaties.Unauthorized reproduction or
distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and wit be prosecuted to the maximum extent possible 4
under the law.This document was created on 04/13/2016 09:34:01 under the terms of AIA Documents-on-0emandmi order no. 2009298110 ,and is not
for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
§5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the
following circumstances:
.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 Work,
retainage applicable to such work and unsettled claims;and
(Section 9.8.5 of AIA DocumentA201-2007 requires release of applicable retainage upon Substantial
Completion 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 Section 9.10.3 of AlA 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 Work, to reduce or 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.)
Reduce retainage to five percent(5%)at fifty percent(50%completion.
§5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials
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
Contractor when
.1 the Contractor has fully performed the Contract except for the 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 fmal payment;and
.2 a final Certificate for Payment has been issued by the Architect.
§5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment,or as follows:
-Close-out documents submitted and approved.
-Release of liens.
-Completed punch list.
ARTICLE 6 DISPUTE RESOLUTION
§6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AlA 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 mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if
other than the Architect.)
Init. A1A Document A101""-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 reserved.WARNING:This Atte Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 5
distribution of this AIA®Documerrt,or any portion of it,may mutt in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible
under the law.This document was created on 0411312016 09:34:01 under the terms of AlA Documents-on-Demand""order no. 2009298110 ,and is not
for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
§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 Owner 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
❑ Litigation in a court of competent jurisdiction
fJ Other: (Specify) Augusta-Richmond County Superior Court
ARTICLE 7 TERMINATION OR SUSPENSION
§7.1 The Contract may be terminated by the Owner or the Contractor 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 ALA Document A201-2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or 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 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 of interest agreed upon, if any.)
N/A
§8.3 The Owner's representative:
(Name, address and other information)
Augusta Central Services Department
2760 Peach Orchard Road
Augusta,Georgia 30906
§8.4 The Contractor's representative:
(Name, address and other information)
James Williams
1827 Killingsworth Road
Augusta,Georgia 30904
§8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
Inst. AIA Doctunent 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 reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or
6
distribution of 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 created on 04/13/2016 09:34:01 under the terms of AIA Documents-on-Demand1M order no. 2009298110 ,and is not
for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
§8.6 Other provisions:
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 Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and
Contractor.
§9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction.
§9.1.3 The Supplementary and other Conditions of the Contract:
Document Title Date Pages
§9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Exhibit A
Section Title Date Pages
snit AIA 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.AM rights reserved.WARNING:This AteDocument is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or
distribution of this Ale 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 created on 04/13/2016 09:34:01 under the terms of AIA Documents-on-Demand"'order no. 2009298110 ,and is riot
for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
§9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Exhibit B
Number Title Date
§9.1.6 The Addenda,if any:
Number Date Pages
Addendum No. 1 June 22, 2017
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.
§9.1.7 Additional documents, if any,forming part of the Contract Documents:
.1 MA Document E201TM_2007,Digital Data Protocol Exhibit,if completed by the parties,or the following:
.2 Other documents,if any,listed below:
(List here any additional documents that are intended to form part of the Contract Documents.AIA
Document A201-2007 provides that bidding requirements such as advertisement or invitation to hid,
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.)
Inst. AIA Document A101 To—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1983,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of
kchieeas.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or
distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible 8
under the law.This document was created on 04/13/2016 09:34:01 under the terms of AIA Documents-on-Demand"'order no. 2009298110 ,and is not
for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document
A201-2007.
(State bonding requirements,if any, and limits of liability for insurance required in Article 11 of AM Document
A201-2007)
Type of Insurance or Bond Limit of Liability or Bond Amount($0.00)
General Liability
General Aggregate Limit: $2,000,000
Products-Completed Operations
Aggregate Limit $2,000,000
Personal and Advert.Injury Limit $1,000,000
Each Occurance $1,000,000
Worker's Compensation
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OWNER:AUGUSTA.GEORGIA
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The HonorabletHardie Davis,Jr. f,"` Lena J. ,. ner evao...... 1
Mayor l., Clerk of th- ' o•r fdivissAqa-mot I+4.10 4
Date: f Date: 0
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APPROV D TO//, . _FORNif!: DEPARt' jorAr•,, ' ' /
By:
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By: ' - -
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Attorney
Date: V 4/I Date: 1 7q-/423
CONTRACTOR: ATTEST: SEAL
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By: .A . . 14 • i ..-.. _.../JrA
Name: James Williams Name: Ola M. Williams
Title: President Title: Corporate Secretary
Date:
12/22/17 Date: 12/22/17
AIA Document A101 I'd—2007.CopyrightO 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of
Init. Architects.All rights reserved.WARNING:This MA'Document is protected by U.S.Copyright Law and In Treaties,Unauthorized reproduction cc 9
distribution of this Alg Docurrient or any portion of it,.may result in some chili and criminal penalties,and will be prosecuted to the 1113301111N11 extent possible
/ under the law.This document was created on 04/13/2016 09:34:01 under the terms of AIA Documents-on-Demandorder no, 2009298110 ,and is not
for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.