HomeMy Public PortalAboutDelta Metals - DPW Roof Replacement 8-1-19.pdfAGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE
DPW ROOF REPLACEMENT PROJECT
THIS AGREEMENT, made this 1st day of August _ _, 2019, by and between the City
of Tybee Island, GA, hereinafter called the "Owner", and Delta Metals, Inc., hereinafter called the
"Contractor".
WITNESSETH:
WHEREAS, the City of Tybee Island, GA, has heretofore solicited proposals for all material,
work and improvements and for the doing of all things included within the hereinafter specified DPW
Roof Replacement Project.
WHEREAS, the City of Tybee Island, GA, did find that the Contractor's proposal was deemed
the best value for the City as determined by Mayor and City Council for the hereinafter specified DPW
Roof Replacement Project (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 I - WORD TO BE DONE BY CONTRACTOR
Contractor agrees, at his 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 work and improvements for the 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 his own cost
and expense, all other things required of the Contractor by said Contract Documents for said work.
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 hereto attached:
• Request for Proposal RFP No. 2019-733
• Instructions to Proposers
• Specifications and Requirements
• Contractor's Proposal
• General Conditions of the Contract
• Agreement
• Technical Requirements
• All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the
foregoing documents
• Any and ail other documents or papers included or referred to in any of the foregoing
documents including all Permits
• Any and all Addenda to the foregoing, all of which are on file with the Owner or at the
office of the project engineer.
ARTICLE III - CONTRACT AMOUNT
The Contractor agrees to receive and accept the following unit prices and lump sum prices as
SECTION B-2 2 AGREEMENT
full compensation for furnishing all materials and equipment and for doing all 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 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 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:
See attachments hereto which are incorporated herein.
ARTICLE IV- SPECIAL CONDITIONS
Owner agrees that Contractor will perform replacement of DPW roof as set forth in the RFP
1019-733 specifications.
ARTICLE V- STARTING AND COMPLETION
The Contractor shall, and agrees to, commence work for the Project within _30 calendar
days after the Permitted start date of , 2019, and to complete fully all work required by
the Contract Documents to the point of Final Acceptance by the Owner within QQ 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 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 provision or
part thereof with a valid and enforceable provision that achieves, to the maximum extent possible, the
intention of the stricken provision.
ARTICLE VIII- 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 WITNESS WHEREOF, the parties hereto have caused this Instrument to be
executed
SECTION B 3 AGREEMENT
in four original counterparts the day and year first above written.
(SEAL)
Delta Metals, Inc.
(Contractor)
i
By. - - --- ----
It's ----G ---------------------------
Attest: + Title15e C tel
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City of Tybee Island, GA
(Owner)
Its _ n? r yoL=--------
Attest^ Title L
Approved this day of L,t �-c—�� , , 20
eA
IMPORTANT NOTE: If the Contractor is a corporation, the legal nam of the cporation
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 with the signatures of all the partners; and if Contractor is an individual, his signatures
shall be placed above. If signature is by 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.
SEC"TIOA B-' 4 AGREEMENT
CERTIFICATE TO BE EXECUTED IF
CONTRACTOR IS A CORPORATION
1. 3 ej� H. R,4&P4 rc/-%t certify that I am
the G f d of the Corporation
named as Contractor hereinabove; that by Resolution of the Board of Directors at an A, -&c a 6
meeting held on N d ✓ (AVII rSrQ 1 R a Resolution was passed giving authorityo
sign the foregoing Contract on behalf of the Contractor; that said officer was then
said corporation by authority of its governing body and is within the scope of its orporated po«ers.
and said power has not since been revoked.
Date 01 / I Cl
------------------
-(Corporate Seal)
County
State - UC7oY o-i-cL_---
SEC TIOA B-_' 5 AGREE WE \ T
REQUEST FOR PROPOSAL
RFP NO. 2019-733
METAL ROOF REPLACEMENT
RFP DUE: FRIDAY, MAY 31, 2019 BY 11:00am
CITY OF TYBEE ISLAND, GEORGIA
JASON BUELTERMAN, MAYOR
BARRY BROWN, MAYOR PRO TEM SHIRLEY SESSIONS
WANDA DOYLE
JOHN BRANIGIN
DOCUMENT CHECK LIST
JULIE LIVINGSTON
MONTY PARKS
The following documents are contained in and made a part of this RFP Package or are required to
be submitted with the RFP. It is the responsibility of the Proposer to read, complete and sign,
where indicated, and return these documents with his/her RFP. FAILURE TO DO SO MAY BE
CAUSE FOR DISQUALIFYING THE PROPOSER
GENERAL INFORMATION AND INSTRUCTIONS TO RFP WITH ATTACHMENTS
RFP SPECIFICATIONS
SPECIAL CONDITIONS
SURETY REQUIREMENTS
ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C.
SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F.
PROPOSAL SHEET; G. CHECKLIST
GENERAL INFORMATION FOR RFP
This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes hereinafter
referred to as "Owner") with services as indicated herein.
Sealed proposals must be received by 11:00am local time, on Friday, May 31, 2019. The City
of Tybee Island reserves the right to reject any or all RFPs.
SERVICES TO BE PROVIDED
The City of Tybee Island is soliciting bids for a replacement roof for a 501x76' building.
SPECIFICATIONS AND REQUIREMENTS
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