HomeMy Public PortalAboutContract Se[t 26 2019AGREEMENT WITH THE CITY OF TYREE ISLAND, GA FOR THE
LIMG ROADWAY RESURFACING PROJECT
THIS AGREEMENT, made this day of S F. , 2019, by attd between the City of Tybee
Island, GA, hereinafter called the "Owner" at P.O. Box 2749, Tybee Island, GA 31328, and Preferred Materials,
Inc., hereinafter called the "Contractor", of 47 Telfair Place, Savannah, GA 31415.
WITNESSETH:
WHEREAS, the City of Tybee Island, GA, has heretofore solicited proposals for all material,
work and improvements and for the doing of alt things included within the hereinafter specified LIMG
Roadway Resurfacing Project.
WHEREAS, the City ofTybee Island, GA, did find that the Contractor was the lowest
responsible, responsive and preferred offeror for the hereinafter specified LIMO Roadway
Resu rfac in g 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 1 - WORK 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 LIMG Roadway Resurfacing Project for the City ofTybee 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 his own cost and expense, all other things required of
the Contractor by said Contract Documents for said work.
SECTION B-2 1 AGREEMENT
ARTICLE VI- 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:
I ,) Invitation to Bid — ITB No. 2019-737
2.) Instructions, including Specifications and Requirements to Bidders
3.) Bid of Preferred Materials, Ina.
4.) Agreement
5.) Technical Requirements
6.) Permits and Specifications as Determined by Engineer
7.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred
to in the foregoing documents and/or attached hereto
8.) Any and all other documents or papers, including all DOT permits, included or referred to in any
of the foregoing documents including all Permits
9.) Any and all Addenda to the foregoing
AR"TI CLE III- CONTRACT AMOUNT
The Contractor agrees to receive and accept the unit prices as identified on the Contractor's bid for a
total bid of $185,416.15. Such amount will be 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 of the foresaid or from the action of the elements or from any unforeseen difficulties or
obstructions which may arise to be accounted in the prosecution of the work until k is accepted by Owner 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
Contractor is subject to liquidated damages as specified in the Invitation to Bid in the event of any
unauthorized delays resulting in a failure to timely complete the project. The Invitation to Bid included a
liquidated damage clause in the amount of $2,000 per day.
SECTION 8-2
AGREEMENT
ARTICLE V- STARTING AND COMPLETION
The Contractor shall, and agrees to, commence work for the Project within 1 calendar
days after the Permitted start date of Oc 7` —I, 2019, and to complete fully all work required bythe
Contract Documents to the point of Final Acceptance by the Owner within 120 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 ofthe Contract Documents shall not be deemed to
impair or affect in any manner the validity and enforceability ofthe remainder of the Contract Documents,
and in such event, all the other provisions ofthe 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
in four original counterparts the day and year first above written.
SECTION B-2 3 AGREEMENT
(SEAL)
By:
It`s
e ial c.
(Contractor)
Attest: Title
Attest:
City of Tybee Island. OA
Title ea 4
Approved thi? <62 day of A , 20L7
IMPORTANT Nom: If the Contractor is a corporation, the 'legal tame of the corporation shall
be set forth above together with a signature of the officer or officers authorized to sign Cont
on behalf of the corporation; if Contract is a co -partnership, the true /tame of the firm shall be set
forth above together with the signatures of all the partners; and if Con lmctor is an individual, his
signatures shall be planed 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.
SECTION B-2 4 AGREEMENT