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Home My Public Portal AboutContract Agreement- Tybee Island Public Showers- Shallow Well System 12-5-18Contract Agreement THIS CONTRACT AGREEMENT is made this day of November, 2018, by and between The City of Tybee Island, an incorporated municipality existing under the Laws of the State of Georgia and located within Chatham County, Georgia, (hereinafter "Owner"), and EOM Operations, a division of EOM Public Works, LLC, a limited liability company existing under the Laws of the State of Georgia and located within Bryan County, Georgia (hereinafter "Contractor"). WITNESSETH that the Owner and the Contractor desire to contract for work to be performed on the Tybee Island Public Showers / Shallow Well System ("Project"), located at Tybee Island, Georgia. NOW THEREFORE, in consideration of the mutual promises and consideration contained herein, and both parties intending to be legally bound by this Contract Agreement, Owner and Contractor hereby agree as follows: Section 1 - DEFINITIONS: 1.1 Project: Tybee Island Public Showers / Shallow Well System Tybee Island, Georgia 1.2 Owner: 1.3 Designer: 1.4 Contractor: The City of Tybee Island 403 Butler Avenue Tybee Island, Georgia 31328 Thomas & Hutton 50 Park of Commerce Way Savannah, GA 31405 EOM Operations 480 Edsel Drive, Suite 100 Richmond Hill, Georgia 31424 1.5 Contract Price: $70,555.00 Seventy Thousand Five Hundred Fifty Five Dollars 1.6 Contract Documents: The Contract Documents shall include the plans, specifications, general conditions, special conditions, addenda prepared by Owner and/or Designer for the Project found in the ITB #2018-714. Section 2 — Scope of Work 2.1 Contractor shall perform the Work specified in Exhibit "A" in strict accordance with this Contract Agreement, the Contract Documents, and all applicable codes and laws. 2.2 Contractor's scope of work shall include, but not be limited to, provision of all materials, labor, 11 Page supervision, services, inspections, tools, equipment, supplies, fuel, transportation, installation, clean up, and all other items or services of any kind or nature necessary to fully perform and complete Contractor's Work. Section 3 — Contractual Obligations of Contractor 3.1 Contractor has entered into this Contract Agreement based on its own examination, investigation and evaluation of the Contract Documents, the Project site, and all applicable laws, rules, codes, ordinances and regulations, and has not relied upon any representations of Owner, Designer, or any of their respective agents or employees. 3.2 Contractor shall give Owner written notice of any condition or omission in the Contract Documents within five days of discovering said condition or omission. 3.3 Contractor certifies that he/she shall provide a drug free workplace for his/her employees in accordance with the laws of the State of Georgia. Section 4 — Contract Price and Payments 4.1 The total Contract Price identified in Section 1.5 herein to be paid by Owner to Contractor for Contractor's satisfactory performance and completion of its Work, duties, obligations and responsibilities assumed hereunder, subject to additions and deductions by written change order. The Contract Price includes all profit, overhead and costs of performance by Contractor. The Contract Price also includes all federal, state, county, municipal, local and other taxes imposed by law upon labor, services, materials or equipment. The Owner, a municipality in the State of Georgia, is exempt from Georgia Sales Tax under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under this contract are the responsibility of the contractor. 4.2 Contractor shall submit applications for payment to Owner. Each application for payment shall include the estimated value of work completed for each component part of Contractor's Work, including executed Change Orders, the amount of all previous payments, and the current amount of retainage. Applications for payment shall also include lien waivers from Contractor, Contractor's lower -tier Contractors, and material and equipment suppliers. 4.3 For each application for payment, Owner shall review Contractor's determination of percentage of completion and shall provide payment within thirty (30) days of receipt of payment application. Should Owner disapprove any percentage of completion of Contractor's Work, Contractor must be notified in writing of deficiencies within 5 days from date payment application is received. 4.4 Owner may deduct back charges which are chargeable to Contractor or its lower tier Contractors or suppliers from any payment due to Contractor, however, Owner must provide details of back charges prior to deduction occurring. 4.5 Retainage equal to ten percent (10%) of the value of all Work completed to the satisfaction of Owner shall be withheld from each progress payment made by Owner to Contractor. 2IPage 4.6 Final Payment, consisting of the unpaid balance of the Contract Price, shall be made to Contractor after all of the following conditions have been met and events have occurred: (a) final completion of Contractor's Work, in strict conformance with the Contract Documents; (b) acceptance of Contractor's Work by Owner; (c) receipt of evidence of full payment by Contractor to lower tier Contractors and material and equipment suppliers; (d) execution of a final lien waiver by Contractor for the benefit of Owner; and (e) delivery of all guarantees, warranties, maintenance manuals, test reports, and similar items required by the Contract Documents relating to Contractor's Work. 4.7 Contractor shall use all monies paid by Owner pursuant to this Contract Agreement solely for the purpose of fulfilling its responsibilities and obligations assumed hereunder. Section 5 — Insurance 5.1 Contractor shall purchase and maintain in full force and effect general liability insurance with limits of at least $1,000,000.00 per occurrence, automobile insurance with limits of at least $1,000,000.00 per occurrence, and workers' compensation insurance with limits of $1,000,000.00 per occurrence. Section 6 — Changes to the Work 6.1 Owner may, from time to time, order additions, deletions or modifications to Contractor's Work. The Contract Price and time for completion will not be changed except upon written Change Order executed by Owner. Contractor shall not be entitled to claim, seek or receive lost profits if any change reduces the scope, quantity, or price of Contractor's Work. Section 7 — Claims and Dispute Resolution 7.1 It shall be the duty of Contractor, at its own expense, to satisfy, remove or discharge any lien, claim of lien, or preliminary claim of lien filed or maintained by any of Contractor's laborers, lower tier Contractors, equipment suppliers, or material suppliers within ten (10) days of the filing of said claim, except for those claims arising from Owner's failure to pay monies due as outlined in Section 4. Upon Contractor's failure to comply with this provision, Owner shall have the right to satisfy, remove or discharge the claim or lien by whatever means it chooses, and to charge this entire cost and expense to Contractor. Contractor shall indemnify, hold harmless and fully defend Owner against any and all such claims or liens arising at no fault of Owner, including but not limited to any and all loss, damages, liability, costs, expenses and attorneys' fees associated therewith. 7.2 Contractor shall indemnify, hold harmless and fully defend Owner for any loss or liability arising out of, related to, or connected in any way to Contractor's Work or involvement in the Project, including but not limited to attorneys' fees and costs. The full and faithful performance of Contractor's indemnification obligations is an express condition precedent to Contractor's right to receive progress payments or final payment. 7.3 This Contract Agreement shall be governed and construed in accordance with the laws of the state of Georgia. Section 8 — Guarantees and Warranties 31 Page 8.1 Contractor fully guarantees that it's Work, including without limitation, labor, materials, equipment, functionality and performance, will be free from defects, and will conform to and meet the requirements of the Contract Documents and all applicable laws and codes. 8.2 Contractor shall, at its own expense, repair or replace any portion of its Work that is alleged to be or found to be defective, insufficient, or non -conforming within one (1) year from the date of Owner's final payment to Contractor. Section 9 — Other Matters 9.1 Contractor shall maintain and keep clean its portion of the Work on a daily basis, and shall remove from the Project any debris resulting from its Work. 9.2 Owner shall have the right to terminate all or any portion of Contractor's Work at any time for its convenience. Any such termination shall be communicated to Contractor by written Notice of Termination, specifying the effective date of the termination and the extent to which the Work is being terminated. Contractor will comply with its terms and take all reasonable steps to avoid incurring any additional costs. Owner shall pay Contractor for all items completed and delivered and reasonable costs incurred up to the time of termination, such costs being solely attributable to the Work and not being recoverable from other sources. 9.3 If any part of this Contract Agreement is declared invalid or unenforceable, the remainder of the agreement shall not be effected by such a finding. 9.4 This Contract Agreement shall be binding upon the parties' successors, heirs and assigns. 9.5 Contractor shall not assign this Contract Agreement, or any portion of this Contract Agreement, except with the written consent of Owner. 9.6 Contractor and its authorized representative(s) acknowledge and agree that they have read and reviewed this Agreement and the Contract Documents identified herein, and accept them as binding. In consideration of the mutual promises and agreements expressed herein and intending to be legally bound, this Contract Agreement is hereby executed by Contractor and Owner as follows: The City of Tybee Island Byre Title: e YT`r =✓L Title: Date: S' (Qi _ Date: EOM Operations, a division of EOM Public Works, LLC By: APPROVED TO FORM: ATTEST- EXHIBIT "A" SCOPE OF WORK EOM will provide all material & labor necessary to install 2 shallow well systems with public showers as required by the plans & specifications included in ITB #2018-714. The installation shall include all necessary electrical, plumbing and equipment sheds (2 ea.) for a fully operational public shower system. The final location of the well, equipment shed and shower shall be agreed upon in the field by a City of Tybee representative based upon test well drillings. Power for the well systems shall be obtained from the existing meter/panel near the restrooms for the north shower location. Power for the well systems shall be obtained from the existing panel just south of the pavilion and east of the parking lot for the south shower location. Addition of $1,800.00 for installation of metal roof on equipment sheds is included in this contract. EXHIBIT `B" SIPage SCHEDULE OF VALUES Description Price Shallow Well System $70,555.00 Test Well Drilling (if water unavailable or unacceptable quality) $1,200.00 per location 6IPage EXHIBIT "D" INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF _GEORGIA_ COUNTY OF THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS CONTRACTED WITH THE CITY OF TYBEE TO FURNISH ELECTRICAL & WELL INSTALLATION (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS TYREE ISLAND PUBLIC SHOWERS / SHALLOW WELL (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF TYBEE ISLAND , COUNTY OF CHATHAM , AND IS OWNED BY THE CITY OF TYBEE (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT) UPON THE RECEIPT OF THE SUM OF $ , THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND THROUGH THE DATE OF (DATE) AND EXCEPTING THOSE RIGHTS AND LIENS THAT THE MECHANIC AND/OR MATERIALMAN MIGHT HAVE IN ANY RETAINED AMOUNTS, ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID BUILDING OR PREMISES. GIVEN UNDER HAND AND SEAL THIS DAY OF (NOTARY PUBLIC NAME) MY COMMISSION EXPIRES: (SEAL) 9 (SIGNATURE AND TITLE) EOM OPERATIONS (COMPANY NAME) DATE NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE ONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER 0.C.G.A. SECTION 44-14-366. 71 Page EXHIBIT "D" WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF _GEORGIA_ COUNTY OF THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS CONTRACTED WITH THE CITY OF TYBEE. TO FURNISH ELECTRICAL & WELL INSTALLATION(DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS TYBEE ISLAND PUBLIC SHOWERS / SHALLOW WELL (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF TYBEE ISLAND, COUNTY OF CHATHAM . AND IS OWNED BY THE CITY OF TYBEE (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT) UPON THE RECEIPT OF THE SUM OF $ , THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURUNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID BUILDING OR PREMISES. GIVEN UNDER HAND AND SEAL THIS (NOTARY PUBLIC NAME) MY COMMISSION EXPIRES: (SEAL) DAY OF (SIGNATURE AND TITLE) EOM OPERATIONS (COMPANY NAME) DATE NOTICE• WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER 0.C.G.A. SECTION 44-14-366. Wage