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Home My Public Portal AboutBRW- Water Main- HWY 80- not dated- looks like 2016DOCUMENT 00506 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2016 by and BRW Construction Group. LLC , hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the 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: Division 1: Installation of approximately 3,725 linear feet of 8 -inch water main along US Highway 80 under the parking lane. Division 2: Installation of 890 linear feet of 8 -inch water main along Campbell Avenue, and 1,700 linear feet of 8 -inch water main along 2nd Avenue / Van Horne and all other accessories required and as shown on the plans to complete a full operational system. ARTICLE 2. ENGINEER. The Project has been designed by Thomas & Hutton Engineering Co. 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES. All time limits for Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of essence of the Contract. 3.1 A concurrent Georgia Department of Transportation (GDOT) resurfacing project shall be taking place along US Highway 80 in Spring 2017. The work within the US Highway 80 right-of-way (Division 1) will therefore be substantially complete within 90 days after the date the contract time commences. The Work on remainder of project will be substantially completed within (210) days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within Two Hundred Thirty (230) days after the date when the Contract Times commence to run. Included in the contract times are ten (10) days for rain delay. Time delays due to rain in excess of the above days shall be reported by the Contractor to the Engineer in writing, within thirty (30) days of each event. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is 00506-1 Z:\26269\26269.0000\Documents\Specifications\00506 -Standard Form of Agreement.DOC not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not substantially complete 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 Two Thousand and 00/100 dollars ($2,000.00) 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 time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR, shall pay OWNER Two Thousand and 00/100 dollars ($2,000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 UNIT PRICE WORK OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds of the amounts determined for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the CONTRACTOR'S UNIT PRICE BID (attached hereto as an exhibit), said amount being: Division 1: Six Hundred Ninetv-Eight Thousand Nine Hundred Seven and 30/100 Dollars ($ 698,907.30) Division 2: Four Hundred Fifity-Six Thousand Seven Hundred Ninety -Eight and 00/100 Dollars ($ 457,798.00) As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03B of the General Conditions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments; Retainage. 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 25th day of each month during performance of the Work as provided in paragraphs 5.1.1., 5.1.1.2. and 5.2. below. 00506-2 Z:\26269\26269.0000\Documents\Specifications\00506 - Standard Form of Agreement.DOC All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) as provided in the General Requirements. 5.1.1 For Cost of Work: Progress payments on account of the Cost of the Work will be made: 5.1.1.1 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 14.02 of the General Conditions. 90% of the Work completed (with the balance being retainage). 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. 90% of Cost of the Work (with the balance being retainage) applicable to materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02.A.1 of the General Conditions). 5.1.1.2 Upon Substantial Completion, in an amount sufficient to increase the total payments to CONTRACTOR to 95% of the Cost of the Work (with the balance being retainage), 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 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 00506-3 Z:\26269\26269.0000\Documents\Specifications\00506 - Standard Form of Agreement.DOC 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda indicated in Article 8 hereinafter) and the other related data identified in the Bidding Documents. 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and test of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site, CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR is aware of the City Of Tybee Island requirements for construction warranty period of One (1) year for equipment, materials, and workmanship. 7.7 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 7.8 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 00506-4 Z:\26269\26269.0000\Documents\Specifications\00506 -Standard Form of Agreement.DOC ARTICLE 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 00506-1 to 00506-7), inclusive). 8.2 Performance, Payment, and other Bonds as stated. 8.3 General Conditions (pages 1 to 62, inclusive). 8.4 Special Conditions (pages 00710-1 to 00710-6, inclusive). 8.5 Supplementary Conditions (pages 00815-1 to 00815-5, inclusive). 8.6 Specifications consisting of 13 technical provisions, as listed in table of contents thereof. 8.7 Notice to Proceed 8.8 Drawings consisting of sheets G1.1 through EC2.7 with each sheet bearing the following general title: SHEET NO. TITLE G1.1 Cover Sheet G1.2 General Notes and Index C1.1 Site Plan C2.1 - C2.7 Water Main Plan C2.8 Sidewalk Plan C2.9 - C2.13 Water Main Profile - U.S. HYW 80 C3.1 - C3.2 Details C3.3 GDOT Pavement Detail 9107 GDOT Traffic Control Detail T-20 GDOT Sidewalk Diversion T-22 GDOT Crossing and Sidewalk Detour EC1.0 Erosion Control Exhibit EC1.1 - EC1.4 ES&PC Notes EC2.1 - EC2.7 ES&PC Plans 8.9 Addenda numbers to inclusive. Exhibits to this Agreement: a. CONTRACTOR's Bid (page 00313-1 through page 00313-7, inclusive) marked "Exhibit A." b. Any modification, including Change Orders, duly delivered after execution of Agreement. c. Any modification, including Change Orders, duly delivered after execution of agreement. 00506-5 Z:\26269\26269.0000\Documents\Specifications\00506 -Standard Form of Agreement.DOC 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 3.5 and 3.6 of the General Conditions. ARTICLE 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 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. 9.3 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 to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in five (5) counterparts. Two counterparts each have been delivered to OWNER and CONTRACTOR and one counterpart to ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by ENGINEER on their behalf. 00506-6 Z:\26269\26269.0000\Documents\Specifications\00506 - Standard Form of Agreement.DOC This Agreement will be effective on 2016 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Tybee Island BRW Construction Group, LLC BY Jason Buelterman, Mayor BY BY ATTEST ATTEST Address for giving noticesAddress for giving notices 403 Butler Avenue P.O. Box 1806 Tvbee Island, Georgia 31328 Savannah, Ga 31402 License No. UC -301351 Agent for service of process: CORPORATE SEAL; CORPORATE SEAL A v✓r M-1611 00506-7 Z: \26269\26269.0000\ Documents \ Specifications \00506 - Standard Form of Pgreemenf.DOC