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Home My Public Portal AboutKorkat 4-10-19AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE JAYCEE PARK OUTDOOR PLAYGROUND SHADE SYSTEM PROJECT 1 111 s AGREEMENT. made this I D day of 1 s�'i / , 2019. by and between the City of Tybee Island. GA. hereinafter called the "Owner' at P.O. Box 2739, Tvbee Island, GA 31328, and Lanier Plans. Inc. d h a Korkat. hereinafter called the "Contractor'", of 221 Cable Industrial Way. Carrollton. GA 30117. WITNESSETH: WHEREAS, the City of Tybee Island. GA, has heretofore solicited proposals for all material, work and iinprovements and for the doing of all things included within the hereinafter specified installation of the outdoor play -ground shading system. WHEREAS. the City of Tyree Island. GA, did find that the Contractor was the lowest responsible. responsive and preferred offeror for the hereinafter specified installation of the outdoor playground shading system (hereinafter" Project"). NOW. THEREFORE, for and in consideration of their mutual promises. covenants. undertakings. and agreements. the parties hereto do hereby agree as follows: ARTICLE 1 - WORK TO BE DONE BY CONTRACTOR WI IEREAS. the City. ofTybee Island. GA_ has heretofore solicited proposals for all material, work and improvements and for the installation of an outdoor playground shade system for the City ofTybee Island. Georgia (Project). all in accordance with and in compliance with and as required by the hereinafter specified contract documents for said contract and to do. at its own cost and expense. all other things required of the contractor by said contract documents for said work.. ARTICLE I I- CONTRACT DOCUMENTS The Contract Documents herein named include all of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim. subject to all stated exclusions. or. if not attached. as if hereto attached: SECTION 8-2 1 .4GREEA IE:\T 1.) Request for Proposal RFP No_ 2019-727 2.) Instructions to Proposers 3.) Contractor's Proposal 4.) General Conditions of the Contract 5.) Agreement 6.) Technical Requirements 7.) Any Contract Drawings 8.) All Bonds. Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing docuinents\ 9. Any and all other documents or papers. including all permits issued for the Project. included or referred to in any of the foregoing documents including all Permits IU.)Any and all Addenda to the foregoing A WE I C: I .1i 11 1 I- CONTRACT AMOUNT The Contractor agrees to receive and accept the following unit prices and lump sum prices as full compensation for furnishing all materials and equipment and for doing ail work contemplated and embraced in this agreement. and for all loss or damage arising out of the nature of the work aforesaid. or from the action of the elements. or from any unforeseen difficulties or obstructions which may arise to he encountered in the prosecution of the work until its acceptance by the Owner, and for all risks of every description connected with the work, and for well and faithfully completing the whole and entire work. in the manner and according to and in compliance with the Contract Documents as directed by the City or its Engineer in accordance with these documents. and for any and all other things required by the Contract Documents: The agreed upon amount for this Project is $75.663.84. ARTICLE IV- SPECIAL CONDITIONS See Article V. ARTICLE V- STARTING ANI) COMPLETION The Contractor shall. and agrees to, commence work for the Project within ‘7calendar alendar c• a -'Fa >m tadov-- da4 ns after the Permitted start date of ,reit). 'OI 9. and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner within 30 Calendar days.r SECTION B-2 2 AUREEAfENT ARTICLE VI- PAYMENT TO CONTRACTOR (7wner agrees with said Contractor to employ. and does hereby employ. the said Contractor to provide the material and do all the work and do all other things herein above mentioned according to the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby contracts to pay Contractor at the time. in the manner and upon the conditions set forth or referred to in the Contract Documents: and the Owner and the Contractor for themselves. their heirs, executors. administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE VII -INVALIDITY AND SEVERABILITY The invalidity of any provision included in any of the Contract Documents shall not he deemed to impair or affect in any manner the validity and enforceability of the remainder of the Contract Documents. and in such event, all the other provisions of the Contract Documents shall continue in full force and effect as if such invalid provision had never been included therein. Owner and Contractor agree that. in such event, the Contract Documents shall be reformed to replace the stricken pro% ision or part thereof with a valid and enforceable provision that achieves, to the maximum extent possible, the intention of the stricken pro ision. ARTICLE V111- CHOICE OF LAW AND FORUM SELECTION The Contract Documents shall be construed and controlled by and under the laws of the State of Georgia without regard to conflicts of laves principles. Further, any dispute arising out of or concerning the Contract Documents, or any action or inaction performed thereunder. shall he adjudicated in tither ta) the United States Court for the Southern District of Georgia, Savannah Di% ision: or (b) the State or Superior Courts of Chatham County, Georgia. and the parties waive any defenses of personal and/or ,object matter jurisdiction to the aforesaid venues. IN \VITNI SS WHI RI:OF.the parties hereto have caused this Instrument to be executed in four original counterparts the day and ear first above written. SECTION B-2 [Signatures to follow] 3 A ti REE.I I E.\ T (SEAL) Attest: By: It's LANIER PLANS, INC. DIB/A KORKAT (Contractor) Title Attest: BS It's City of Tybee Island. GA (Owner) Title Approved this // da1 of. . 20 !I IMPORTANT NOTE: If the Contractor is a corporation. the legal name of the corporation shall be set forth above together with a signature of the officer or officers authorized to sign Contracts on behalf of the corporation: if Contract is a co -partnership. the true name of the firm shall be set forth above together w ith the signatures of all the partners: and if Contractor is an individual. his signatures shall be placed abos,e. If signature is b' an agent other than an officer of a corporation or a member of a partnership, a power-of-attorney must be attached hereto. Signature of Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment. SECTION 13-2 4 AGREEMENT CERTIFICATE TO BE EXECUTED IF CONTRACTOR IS A CORPORATION Zanier e,'/h� 7, • re" K,ri L certify that 1 am the of the Corporation named as Contractor hereinabove: that by Resolution of the Board or Directors at a e.,PF meeting held on AV; / , 20 /9 , a Resolution was passed giving authority to 5 h i to sign the foregoing Contract on behalf of the Contractor: that said officer was then �hA of said corporation by authority' of its governing body and is within the scope of its corporated powers. and said power has not since been revoked. ti Date 1:-11'( tr:oiporate Seal) County akrif / State diTrt e Starr SEC'TI(},'4 B-2 5 riGREEMEI1T