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HomeMy Public PortalAboutContract for the Clarifier Rebuild Project.pdfAGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE CLARIFIER REBUILD PROJECT THIS AGREEMENT, made this day of , 2021, by and between the City of Tybee Island, GA, hereinafter called the "Owner" at P.O. Box 2749, Tybee Island, GA 31328, and Southern Civil, LLC, hereinafter called the "Contractor", of PO Box 9, Townsend, Georgia 31331 and 18525 Hwy 17, Townsend, Georgia (address). 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 Clarifier Rebuild Project. WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the most responsible, responsive and preferred offeror for the hereinafter specified Clarifier Rebuild 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 Clarifier Rebuild 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. 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: 1. Request for Proposal RFP No. 2021-761 2. Instructions to Proposers 3. Contractor's Proposal 4. General Conditions of the Contract 5. Agreement 6. Technical Requirements 7. Contract Drawings / Bid Plans — as finalized and issued for construction 8. All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 9. Any and all other documents or papers, included or referred to in any of the foregoing documents including all Permits, and all E -verify and Save Affidavits as required by law. 10. Any and all Addenda to the foregoing, all of which are on file with the Owner or at the office of the project engineer, Peter Gulbronson. ARTICLE 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 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 in accordance with these documents, and for any and all other things required by the Contract Documents. The contract amount is $359,563.00 Total. See attachments hereto which are incorporated herein. ARTICLE IV- SPECIAL CONDITIONS As a result of the solicitation process and the proposal of Contractor, the parties have agreed that the total amount payable under the contract for all work, equipment and plant is $359,563.00. ARTICLE V- STARTING AND COMPLETION The Contractor shall, and agrees to, commence work for the Project within calendar days after the Permitted start date established in the Notice to Proceed, and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner within 203 Calendar days of the Notice to Proceed, however, Contractor is to immediately order necessary parts to perform the project upon execution of this contract. 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 in four original counterparts the day and year first above written. Southern Civil, (Contractor) By: Tit Attest: _ L77--) 2 Title V. < e �,•s. �! City of Tybee Island, GA (Owner) By: Mayor ✓! Ve.,,eyr vw�� Attest: Title Approved this d2- day of p0 , 2021. Approved as to form By: Edward M. Hughes, C. Attorney NOTICE TO PROCEED TO: Southern Civil, LLC PO Box 9 Townsend, GA 31331 DATE: PROJECT: CITY OF TYBEE ISLAND, GA, CLARIFIER REBUILD PROJECT You are hereby notified to commence site work at in accordance with the Agreement dated , on, or after , and you are to fully and satisfactorily complete the work to the point of Final Acceptance within 90 days of commencement of work. The City of Tybee Island, GA (OWNER) By ✓l j ( ice (SIGNATURE) ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged this day of 2021 1 1 LLC (CONT /� TOR) URE (TITLE) WAIVER AND RELEASE OF LIEN FROM: Southern Civil, LLC TO: City of Tybee Island, GA (Owner of Project) PROJECT: CITY OF TYBEE ISLAND, GA, CLARIFIER REBUILD PROJECT KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned, having been employed by The City of Tybee Island, GA, to furnish labor and/or materials for the referenced project, does hereby waive and release any and all lien and claim or right to lien and claim against the City of Tybee Island, GA, on the referenced project on account of labor or materials, or both furnished for the referenced project. 2. The undersigned further certifies that to the best of his knowledge and belief, there are no unsatisfied or outstanding claims of any character arising out of the furnishing of labor and/or materials for the referenced project. 3. The undersigned further agree that, after execution of this document, it will defend at its expense, and save the City of Tybee Island, GA, harmless from any and all claims or liens arising out of the undersigned's furnishing of labor and/or materials for the referenced project. 4. The undersigned has executed this document in order to induce the City of Tybee Island, GA, to make final payment to and in no way acts as a release of any claim the undersigned may have against parties other than the City of Tybee Island, GA, arising out of the furnishing of labor and/or materials for the referenced project. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 7 day of p,,��� , 2021 STATE OF COUNTY OF huh Personally appeared before me the undersigned Notary Public in and for said County and State, , who is known to me and who, after being duly sworn, deposes and says that the facts stated (n the above affidavit are true. Ca444 7212a0.-,_ NOTARY PUBLIC NON -INFLUENCE AFFIDAVIT — CONSTRUCTION O.C.G.A §36-91-21 Excerpt from Georgia Laws O.C.G.A. §36-91-21 (d) Whenever a public works construction contract for any governmental entity subject to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding or proposals by any means whatever. No person who desires to procure such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal therefore by any means whatever, nor shall such person so desiring the work cause or induce another to withdraw a bid or proposal for the work. (e) Before commencing the work, any person who procures such public work by bidding or proposal shall make an oath in writing that he or she has not directly or indirectly violated subsection (d) of this Code section. The oath shall be filed by the officer whose duty it is to make the payment. If the contractor is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall also make the oath. If the contractor is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath. If such oath is false, the contract shall be void, and all sums paid by the governmental entity on the contract may be recovered by appropriate action. STATE OF GEORGIA COUNTY OF CHATHAM I do solemnly swear on my oath that, as to the Contract dated , between Siat'rtrM G:,,;l LL C. and the City of Tybee Island, Georgia, I have not directly or indirectly influenced or the attempted exertion of any influence on behalf of the firm on behalf of which this affidavit is made, in any way, manner, or form in the purchase of materials, equipment, or other items involving in construction, manufacture, or employment of labor under the aforesaid Contract by or on any employee, officer, or agent of the City of Tybee Island or any person connected with the City of Tybee Island in any way whatsoever and I have not directly or indirectly violated subsection (d) of OCGA 36, 91-21. This T. da of Oec_er.bec- , 2021. ignature Sworn to and subscribed before me This 7 day of 0Ke.4.L.1, 2021. 71/2 NOTARY PUBLIC i r.(c".f: cd 21, Z(J21