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Home My WebLink About AMMAR COMPANY INC MEADOWBROOK PARK IMP STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 5th day of October in the year 2005 by and between AU2usta-Richmond County (hereinafter called OWNER) and Ammar Company Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration ofthe mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Meadowbrook Park Improvements The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Article 2. ENGINEER. The Project has been designed by: Johnson, Laschober & Associates, P.c. 1296 Broad Street Augusta, GA 30901 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion ofthe Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed on or before 75 days after notice to proceed, and completed and ready for final payment in accordance with paragraph 14.13 ofthe General Conditions on or before 90 days after notice to proceed. -1- K:\420301\ADMINlSPECSIFRONTI191 O.8A 1.DOC 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is ofthe essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times, specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 ofthe General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Hundred dollars ($ 100.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred dollars ($ 100.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Base Bid $74,000.00 Add Alternates $0.00 Total Contract Amount $74,000.00 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 ofthe General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. -2- K:\420301\ADMIN\SPECS\FRONTI 191 O.8A 1.DOC If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95 % of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 ofthe General Conditions, OWNER shall pay the remainder ofthe Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by -3- K:\420301 IADMINlSPECSIFRONTI 191 O.8A 1.DOC CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 6.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 6.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist ofthe following but not limited to: 7.1. This Agreement (pages 1 to 7 , inclusive). 7.2. Exhibits to this Agreement 7.3. Performance Bond 7.4. Notice of Award. 7.5. General Conditions (pages 1 to 29 inclusive) . 7.6. Supplementary Conditions (pages 1 to 3, inclusive). 7.7. Specifications consisting of Divisions 1 and 2 , as listed in table of contents thereof. 7.8. Drawings, consisting of a cover sheet and sheets numbered CO.1 through C4.1 inclusive with each sheet bearing the following general title: CO.1 Topographic Survey & Demolition Plan C1.1 Layout, Utility and Landscape Plan C2.1 Grading, Drainage and Erosion, Sediment and Pollution Control Plan C3.1 E.S.P.C. Notes and Misc.Construction Details C3.2 E.S.P.C. Notes and Details C4.1 Miscellaneous Site Utility Details 7.9. Addenda number, inclusive. -4- K:\420301\ADMINlSPECSIFRONTI191 O.8A 1.DOC 7.10. CONTRACTOR's Bid (pages 1 to 5, inclusive). 7.11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 7.12. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 9. OTHER PROVISIONS. 9.1 GEORGIA PROMPT PAY ACT This agreement is intended by the parties to, and does, supercede any and all provisions ofthe 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 provisions of this Agreement shall control. 9.2 CONSENT TO JURISDICTION All claims, disputes and other matters in question between the OWNER and the CONTRACTOR arising out of or related to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by -5- K:\420301\ADMINISPECS\FRONTI 191 O.8A 1.DOC . ~ 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. 9.3 RET AINAGE 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 waives any claim to same. IN WITNESS WHEREOF, OWNER and CON1RACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CON1RACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CON1RACTOR or by ENGINEER on their behalf. This Agreement will be effective on November 1. 2005. OWNER AUl!usta-Richmond County Commission. Yf~ aM II aA/f AUgu~ BY ~ :>>;~ Attest Cd sog'o9' Attest {LUI S M,V/(fd/ ~ Address for giving notices ~ vt4-( S License No. :::f:FS<6'~S 730<0 If CONTRACTOR is a corporation, attach evidence of authority to sign.) -6- K:\420301 IADMINlSPECSIFRONTI191 O.8A 1.DOC