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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