HomeMy Public PortalAboutPreferred Materials LMIGAGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE
LIMG ROADWAY RESURFACING PROJECT
THIS AGREEMENT, made this eV day of 5 E , 2019, by and between the City ofTybee
Island, GA, hereinafter called the "Owner" at P.O. Box 2749, Tybee Island, GA 31323, and Preferred Materials,
Inc., hereinafter called the "Contractor", of 47 Tdlfair 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 all things included within the hereinafter specified LIMO
Roadway Resurfacing Project.
WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest
responsible, responsive and preferred offeror for the hereinafter specified LIMG Roadway
Resurfacing 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 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 his own cost and expense, all other things required of
the Contractor by said Contract Documents for said work.
SECTION a -a 1 AGREEMENT
ARTICLE 11- 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:
1.) Invitation to Bid —1TB No. 2019-737
2.) Instructions, including Specifications and Requirements to Bidders
1) Bid of Preferred Materials, Inc.
4.) Agreement
5.) Technical Requirements
6.) Perrnits and Specifications as Determined by Engineer
7.) Alt 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
ARTIiCLE I1 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 it 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
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 Oer IL, 2019, and to complete fully all work required by the
Contract Documents to the point of Final Acceptance by the Owner within 120 Calendar days.
ARTICLE VI- PAYMENT TO CONTRACTOR
Owner agrees with said Cont7ractor 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
in four original counterparts the day and year first above written.
sEcrION B-2 3 AGREEMENT
(SEAL)
By:
It's
ed_Mater"sa1s. Tnc.
(Contractor)
Attest: Title
City of Tybee Island. GA
It's
Attest: _ 4-6"-it-
Approved
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Approved this=='? (' day of
Title
4 , 2oz?
IMPORTANT NOTE; If the Contractor is a corporation, the 'legal mune of the corporation 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 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
INVITATION TO BID
ITB NO. 2019-737
LMIG ROADWAY RESURFACING
BID DUE: THURSDAY, SEPTEMBER 5, 2019 at 3:OOpm
PRE-BID MEETING: WEDNESDAY, AUGUST 7, 2019 at 11:OOam
CITY OF TYBEE ISLAND, GEORGIA
JASON BUELTERMAN, MAYOR
BARRY BROWN, MAYOR PRO TEM SHIRLEY SESSIONS
WANDA DOYLE JULIE LIVINGSTON
JOHN BRAMGIN MONTY PARKS
DOCUMENT CHECK LIST
The following documents are contained in and made a part of this Invitation to Bid, or are
required to be submitted with the bid. It is the responsibility of the Bidder to read, complete and
sign, where indicated, and return these documents with his/her bid. FAILURE TO DO SO
MAY BE CAUSE FOR DISQUALIFICATION OF THE BIDDER
INTRODUCTION
SPECIFICATIONS AND REQUIREMENTS
INSTRUCTIONS TO BIDDERS
GENERAL INFORMATION
TERMS AND CONDITIONS
BID AND PERFORMANCE BOND
ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C.
SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. W-9/VENDOR
INFORMATION; K DEBARMENT CERTIFICATION G. BID FORM; H. CHECKLIST
SEPARATE ATTACHMENT: 1. PROJECT PLANS
INTRODUCTION
This is an invitation to bid to supply the City of Tybee Island, Georgia (sometimes
hereinafter referred to as "Owner") with products or services as indicated herein.
Sealed bids must be received by 3:OOpm local time, on Thursday, September 5, 2019. The
City of Tybee Island reserves the right to reject any or all bids.
A pre-bid meeting w be held on Wednesday, August 7, 2019 at 11:00am in the City Hall
auditorium (403 Butler Ave, Tybee Island). Interested bidders are encouraged to attend, as
they will have the opportunity to discuss specifications and ask questions.
METHOD OF AWARD: If the City of Tybee Island awards a contract from this ITB, it will be
awarded to the responsible bidder with the lowest responsive bid. Bidders must respond
completely by filling in all applicable blanks. Bids are subject to the terms and conditions of this
Invitation to Bid.
Signature of bidder indicates understanding and compliance with attached terms and conditions
and all other specifications made a part of this ITB, and any subsequent award or contract. All
terms, conditions and representations made within this ITB will become an integral part of the
contract. Nothing contained within this ITB is indicative of intent by the City of Tybee Island to
reimburse the bidder, in whole or in part, for any costs associated with preparation, submission,
or presentation of bids.
Instructions for preparation and submission of a bid are contained in this ITS package. Please
note that specific forms for submission of a bid are required.
The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement
procedures are conducted in a manner that provides maximum open and free competition. The
City seeks to ensure that all segments of the business community have access to supplying the
goods and services needed by the City. The City provides equal opportunity for all businesses
and does not discriminate against any persons or businesses regardless of race, color, religion,
age, sex, national origin or handicap.
The City is seeking a bid package for service or materials equal to or exuding specifications set
forth on the attached pages. Bidders not meeting these standards will be rejected. The attached
specifications become and remain a part of this ITB.
All responses, inquiries, or correspondence relating to, or in reference to, this ITB, and all
reports, charts, displays, schedules, exhibits and other documentation by the bidders will become
the property of the City when received. The City retains the right to use any or all ideas
presented in any response to this ITB, whether amended or not. Selection or rejection of the bid
does not affect this riight.
SPECIFICATIONS AND REQUIREMENTS
The City of Tybee Island proposes to use FY 2018 and FY 2019 Local Maintenance and
Improvement Grant funds and local funds to resurface multiple streets. The streets planned for
resurfacing using LMIG funds are 5th St from Butler Ave to Jones Ave, 17th St from Butler Ave
to Jones Ave, Lovell Ave from 7th St to 9'b St, and Old Hwy 80 from Hwy 80 to end. The streets
planned for resurfacing using local funds include Inlet Ave from 17t Street to Chatham Ave.
5t' St, 17th St, and Inlet Ave will receive a 1 '/ inch overlay. Lovell Ave will require milling and
a resurfacing overlay of 1 'A inch. Old Hwy 80 will receive a 3 inch overlay. Cumulatively, this
list will consist of 0.86 miles of resurfaced streets for the City of Tybee Island.
• All furnished materials and work performed shall be in accordance with GDOT
specifications.
• Pricing should reflect the use of a GDOT 12.5mm TPI mix final surface.
• Contractor must apply bituminous tack to existing sure prior to repaving.
• Contractor must sweep all road edges prior to paving, and repaint existing striping
stop bars where necessary.
" C o n t r a c t o r i s r e s p o n s i b l e f o r a l l t r a f f i c c o n t r o l .
S c h e d u l e &