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Home My WebLink AboutMabus Brothers Augusta Richmond GA DOCUMENTNAME:~()lJS ()fD~Y~ . DOCUMENT.TYPE: O\j'(~-T YEAR: 0\ BOX NUMBER: 'L\ FILE NUMBER: 1CSl8L\ NUMBER OF PAGES: ,L1 ) \ , AGREEMENT , . THIS AGREEMENT made as of the ,:2 I day of ~~, 2001 by ~----,-~-, and between: MABUS BROTQERS CONSTRUCTION CO., INC., wIth Its place of business at 920 Molly Pond Road, Augusta, Georgia 30901, party of the first part hereinafter referred to "CONTRACTOR" and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta, Georgia, U.S.A., 30911, party of the second part hereinafter referred to as "OWNER ". WITNESETH, that Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE I - SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials arid all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the Bid Specifications for the project entitled: City of Augusta, Georgia Bid Item #01-110 Transit Parking Lot and in accordance with the requirements and provisions of the Contract Provisions as defined in Part II Contractual Provisions of Bid Specifications. The Bid Specifications, in its entirety, are incorporated by reference into this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES -:-^-----. The work to be perform~dunder this Contract shall be commenced within ten (10) calendar days after Cqntractor,receives written notice from the Owner to proceed. All work shall be completed within ninety (90) calendar days of commencing this project. Any request for extensions shall be submitted in accordance with Section S.2ofBid'" Specifications. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of commencement, rate of progress and the timely completion of the work to be done hereunder are ESSENTIAL CONDITIONS ofthis contract. Contractor agrees that said work shailbe pursued regularly, diligently, and uninterruptedly at such rate of progress to ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for Page 1 of 4 completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. ARTICLE III - PAYMENT (A) The Contract Sum , The Owner shall pay $65,831.50 to the Contractor for the performance ofthe Contract. (See Exhibit A - the Proposal and Schedule of Items, which is incorporated herein by reference.) No variations shall be made in the amount except as set forth in the specifications, which is incorporated herein by reference. (B) Progress Payment No later than the fifth (5th) day of every month, the Contractor shall submit to the Owner's Engineer an estimate, detaili:i1gthe percentage of the Project that has been completed from the start of the job up to and including the last working day of the preceding month. Contractor shall provide any supporting documentation reasonably requested by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule (See Exhibit A). Upon approval of the invoice for payment, the Owner shall pay the Contractor 90% ofthe amount of the estimate on units accepted in place less any previous payments. After approval, Owner shall promptly issue a check for payment. The 10% retained percentage may be held by the owner until final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection, the Owner's Engineer shall within ten (10) days inspect the ProjecJ; If the Engineer finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a signed final certificate, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions. Owner shall be paid to the Contractor the entire balance due the Contractor, including the retained percentage, within fifteen (15) business days after the date of said final certificate. (B) Within ten (10) days ofthe date of said final certificate, and prior to final payment, the Contractor shall submit written documentation, that is satisfactory to the Engineer, that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. . In the event Contractor does not comply with the requirements of this provision, Owner shall withhold final payment until such time as Contractor complies with this provision. Page 2 of 4 " (C) If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon, certification of the Engineer, and without terminating the Contract, pay the balance due for that portion ofthe work completed and accepted. Each payment shall be made under the terms and conditions govemlng final payment, except that it shall not constitute a waiver of claims. . ARTICLE V - MISCELLANEOUS This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay. Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with ariy provision ofthe Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes, and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 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. Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract. Contractor acknowledgesthatall records relating to this Agreement and.the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A S 50-18-70, et seq.). Contractor shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. This Contract, and any and all exhibits thereto, and/or documents incorporated by reference into this Contract, shall constitute the whole agreement between the parties. There are no promises, terms, condition, or obligations other than those contained herein, and this Contract shall supersede all previous. communications, representations, or agreements, written or verbal, between the parties hereto related to the Provision for Services described herein. Page 3 of 4 ;0- IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. CONTRACTOR: MABUS BROTHERS CONSTRUCTION , ;;1" ';'>"~7":OMP~ANY' INC. JlMlr ~~5>.\. " .. ^ ""'13. 'y~ .. ~,.,., .~ ":\ J .,-~ ~ :.~- . . ,~ ,\,::~ ::Na~e:': /.A1?AV 6Dt>l..SBY ~ "t. _. , . :;;;;',...V,;,~..i,.............. ': -: .~ T t1 < -''''7'~.. i e:' ~~:F . ./J...;!.- vP <, ".>~-~ . " =-~ .~-. ~, i"-', .i</ / - ,,-. 7- ~;;" ?~ [SEAL] j - "-'::c :~~Y~~.,- (,~ . . . ~:-::/ j/ . Name; Lena Bonner Title: Clerk Page 4 of 4 OWNER: By: Name: Bob Young Title: Mayor 1.2 OFFER By execution below bidder hereby offers to perform the services as indicated herein, for the total sum of .5 j K'Y- F I v~ T /f6u~ Cl (;./17 /fzJ M~.l!r7 . n+11l..7Y~ 11 a r s /T-fJJt) ~h ~" ($ CR s-; R 3 J. So . , Bidder (V\ A rS uS BfloTrlt:-rLS ~ wS7,2.u.Uicr~ ~--:Zll'i~ Name q 2.0 IIYl tILL yo 16 N tJ 12f). Stre,et Address Ti t 1 e P!2.e (t1~'1Jf Phone (7o~) 722- ~9t{-/ - / 15