HomeMy Public PortalAboutEOM Public Works Sewer Line Relocation 7-1-19.pdfAGREEMENT WITH THE CffV OF TYBEE ISLAND A FOR THE
RELOCATION OF SANITARY SEWER AND INSTALLATION OF
NEW SANITARY SEWE8 FROM CHATHAM AVENUE TO SECOND AVENUE
AND RELATIRD PAVEMENT WORK
THIS AGREEMENT, made this _4- day of 71 2019, by and between the City of Tybee
Island, GA, hereinafter called the "Owner", and EOM Public Wor s, LLUEOM Operations, hereinafter called
the "Contractor".
WITNESSETH:
WHEREAS, the City of Tybee Island, GA, has heretofore solicited b ids for all material, work and
improvements and for the doing of all things included within the hereinafter specified Sewer Line
Relocation Project (Invitation to Bid No. 2019-734);.
WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest
responsible, responsive and preferred bidder for the hereinafter specified Sewer Line Relocation
Project (hereinafter "the Project").
NOW, THEREFORE, for and in consideration of their mutual covenants, undertakings, and
agreements, the parties hereto do hereby agree as follows:
ARTICLE I - WORK TO BE DONE BY CONTRACTOR
Contractor agrees, at its own cost and expense, to do all the work and furnish all the labor,
materials, equipment, and other property necessary to satisfactorily do, construct, install, and complete all
improvements for the Sewer Line Relocation and Road Repair Project for the City of Tybee Island, GA
(Project), all in full 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.
SECTION B-2 1 AGREEMENT
ARTICLE II- 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 attached hereto.
1.) invitation to Bid No. 2019-734
2.) Instructions to Bidders
3.) Contractor's Bid
4.) City of Tybee Terms & Conditions
5.) Chatham Avenue Sewer Line Relocation for the City of Tybee Island Specifications, Drawings
and Engineering dated November 2009, by Hussey, Cray Bell & DeYoung, Inc.
6.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the
foregoing documents
9. Any and all other documents or papers, including all DOT permits or other permits, included or
referred to in any of the foregoing documents
I0,)Any and all Addenda to the foregoing, all of which are on file with the Owner or at the offices
of the Owner's Engineer and to include in the scope of work the restoration of road surfaces as
specified in Addendum No. I dated May 30, 2019
ARTI �.>E III 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 all work contemplated and
embracedin 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 be 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 doing the whole and
entire work, in the :Wanner 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:
SECTION B-2 2 AGREEMENT
THE AMOUNT SPECIFIED IN THE BID FORM AS SUBMITTED ON JUNE 6, 2019, INCLUDING
THE ADDENDUM PRICE CONTAINED THEREIN FORA TOTAL PROJECT COST OF $263,596.00.
ARTICLE IV- SPECIAL CONDITIONS
The commencement date and completion date are described in Article V below. Under the City's
terms and conditions, liquidated damages will be imposed at the rate of $2,000.00 per day in the event the
work is not completed by the final acceptance date, including any extensions thereof agreed upon by change
order signed by both parties.
ARTICLE V- STARTING AND COMPLETION
The Contractor shall, and a es to commence wor, orfProject within ten (t Q) calendar
days atter the Permitted start date of��9, and to com�ty all work required by the Contract
Documents to the point of Final Acceptance by the Owner within ninety (9 0) Calendar days.
ARTICLE VI- PAYMENT TO CONTRACTOR
Owner 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 be 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 otherprovisions 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 provision or part thereof with a
valid and enforceable provision that achieves, to the maximum extent possible, the intention of the stricken
prov i s ion.
SECTION B-2 3 AGREEMENT
ARTICLE V I I I - 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 laws principles. Further, any dispute arising out of or concerning the
Contract Documents, or any -action or inaction performed thereunder, shall be adjudicated in either (a) the
United States Court for the Southern District of Georgia, Savannah Division; or (b) the State or Superior
Courts of Chatham County, Georgia, and the parties waive any defenses of personal and/or subject matter
jurisdiction to the aforesaid venues.
IN Wn-NESS WHEREOF, the parties hereto have caused this Instrument to be executed
in four original counterparts the day and year first above written.
(SEAL) EOM OPERATIONS OF EOM PUBLIC WORKS, LLC
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AGREEMENT