4-Proposal Form.pdf

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ARTICLES OF AGREEMENT

STATE OF GEORGIA )

COUNTY OF COLUMBIA )

This Agreement made and entered into on the ___ day of___________,20 by and between Columbia County, Georgia, party of the first part, (hereinafter known as the Owner) and ***CONTRACTOR***. party of the second part (hereinafter known as the Contractor).

WITNESSETH:

That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:

1. The Contractor will furnish all equipment, tools, materials, skill and labor of every description (except that specified to be furnished by the Owner) necessary to carry out and to complete in good, firm, substantial and workmanlike manner, the Work specified, in strict conformity with the CONTRACT DOCUMENTS FOR THE “Sawdust Road to Old Louisville Road 12” Water Line (2026), 2026010-BID5100” PROJECT FOR COLUMBIA COUNTY, GEORGIA and the Specifications therein. Together with the foregoing Proposal made by the Contractor, this Agreement and Bonds and Addenda attached thereto shall form essential parts of this Agreement, as is fully contained herein.

The Work covered by this Agreement includes all requirements shown in the Specifications and listed in the Proposal under the following items, to-wit:

35 Items in bid schedule

2. That the Contractor shall commence the Work to be performed under this Agreement on a date to be specified in a written order of the Owner's Engineer and the County and shall fully complete the Work WITHIN THE TIME LIMIT PROVIDED IN THE CONTRACT, except as otherwise provided herein and in the Specifications for extension of the Time Limit.

3. Time is of the essence of this Contract, and the Contractor agrees to pay the Owner, not as a penalty, but as liquidated damages, the sum of $ 500 Dollars for each calendar day that he shall be in default of completing the Work within the Time Limit. Because of the difficulty of fixing damages suffered by the Owner due to Contractor's default, these damages are herein agreed upon as stated.

4. The Owner hereby agrees to pay to the Contractor for the faithful performance of the Agreement, and as full compensation for everything furnished and done by the Contractor under this Contract (subject to additions and deductions as provided in the Specifications or Proposal) in lawful money of the United States, the sum of ***BID AMOUNT***, which sum shall also compensate for any and all loss or damages arising out of the nature of the Work, or from the action of nature or the elements, or from unforeseen obstructions or difficulties encountered in the prosecution of the Work, and for all expense incurred by, or in consequence of the Work, its suspension or discontinuance, and for well and faithfully completing the Work and the whole thereof, as herein provided, and for replacing defective work, material or equipment for a period of one year after completion.

5. Payments on Account: Not later than the 15th day after receipt of the Contractor's estimate, as the Work progresses, the Owner shall make partial payment to the Contractor, up to 95% of the value of labor and materials furnished by the Contractor and incorporated in the Work and of materials furnished by the Contractor on hand at the site of the Work for and including the last day of the preceding month, (however no such payment on account shall exceed 33% of the Bid Amount), less payments already made and less deductions for any unaccepted or defective work.

5% retainage shall be held on the total value of the project prior to final pay application or upon approved special request. The Owner may also withhold from time to time payment to the Contractor in such an amount or amounts as may be necessary to pay and fully satisfy all claims and demands for labor and services rendered and materials furnished in and about the Work as elsewhere provided for in this Agreement or the Specifications.

6. Final Payment: Upon written notice given to the Owner by the Contractor of the final completion of the Work, the

Engineer will make an inspection of the Work, and if acceptable under the Contract, shall issue a final certificate that the balance is due the Contractor. The Owner shall then make final payment to the Contractor of the balance due under the Contract, less such amounts as may have been withheld and employed by the Owner from time to time, as provided in the preceding paragraph, to pay all claims and demands for labor, service, and material furnished; provided that before the Contractor shall be entitled to final payment, the Contractor shall submit satisfactory evidence under oath that all payrolls and all amounts due for labor and materials and other indebtedness connected with the Work have been fully paid and satisfied and that there are no outstanding claims or demands against the Contractor connected with the Work.

7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the bonds hereto attached, the owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at his

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expense, within five days after the receipt of notice from the Owner to do so, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Owner.

8. “In satisfaction of the requirements of O.C.G.A. 13-10-91, and the Rules of the Georgia Department Labor relating to the Georgia Security and Immigration Compliance Act of 2006, it is agreed that compliance with the requirements of O.C.G.A. 13-10-91 and Rule 300-10-1-.02 are conditions of this Agreement.

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract.

(As to Owner): COLUMBIA COUNTY, GEORGIA

ATTEST:

By: By:

Clerk of Commission

As its:

(Seal)

(As to Contractor):

ATTEST:

As its: By:

Contractor

Title:

(Corporate Seal)

APPROVED AS TO FORM

By: _______________________________________________ County Attorney