HomeMy Public PortalAboutrw allen.pdfAGREEMENT WITH THE CITY OF TYBEE ISLAND, GEORGIA
FOR CITY HALL RENOVATION PROJECT
THIS AGREEMENT made this 27th day of October, 2022, by and between the City of
Tybee Island, Georgia, hereinafter called the "Owner" at P.O. Box 2749, Tybee Island, GA 31328,
and RW Allen Construction, LLC, hereinafter called the "Contractor", of 1015 Broad Street,
Augusta, Georgia 30901.
WITNESSETH:
WHEREAS, the City of Tybee Island, Georgia, has heretofore solicited proposals for all
material, work and improvements and for the doing of all things included within the hereinafter
specified City Hall Renovation more fully described in the ITB No.: 2022-769.
WHEREAS, the City of Tybee Island, Georgia, did find that the Contractor was the
lowest responsible, responsive and preferred offeror for the hereinafter specified City Halt
Renovation (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 - WORK TO BE DONE BY CONTRACTOR
Contractor agrees, at its 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 City Hall Renovation Project for the City of
Tybee Island, Georgia (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 its 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. Invitation to Bid ITB No. 2022-769 and any Addendum(s) thereto
2. Contractor's Proposal including all attachments and addendum thereto
3. General Conditions of the Contract
4. Technical Requirements
5. Contract Drawings / Bid Plans
6. All Bonds, Insurance Certificates and Insurance Policies mentioned or referred
to in the foregoing documents
7. Any and all other documents or papers included or referred to in any of the foregoing
documents including all Permits
8. Any and all Addenda to the foregoing, all of which are on file with the Owner
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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 and Project,
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.
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
materials is $1,882,027.00 which sum reflects the base bid and alternatives 1, 3, 4, 5 and 6.
ARTICLE IV- STARTING AND COMPLETION
The Contractor shall, and agrees to, commence work for the Project no later than
December 5, 2022, and to complete fully all work required by the Contract Documents to the point
of Final Acceptance by the Owner within 11 Calendar months.
ARTICLE V- 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 VI -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 VII - 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
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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 two original counterparts the day and year first above written.
RW ALLEN CONSTRUCTION, LLC
(Contractor)
By:
It's:
Sworn to and subscribed before me
this _ day of , 2022.
Notary Public
My commission expires:
(NOTARIAL SEAL)
CITY OF TYBEE ISLAND, GEORGIA
(Owner)
Sworn to and subsc �'bedd before me
thiseR 7 day of CV. -oh -Le-• , 2022.
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�paotary Public
My commission expires: It J S j 2
(NOTARIAL SEAL)
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IMPORTANT NOTE: If the Contractor is a corporation, the legal name 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 Contractor 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 signature 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.
A
CERTIFICATE TO BE EXECUTED IF CONTRACTOR IS A CORPORATION
I, certify that I am the of the
Corporation named as Contractor hereinabove; that by Resolution of the Board of Directors at
a
meeting held on , 20 , a Resolution was passed giving
authority to to sign the foregoing Contract on behalf of
the Contractor; that said officer was then of said corporation by authority
of its governing body and is within the scope of its corporated powers and said power has not
since been revoked.
Secretary
Date:
(Corporate Seal)
County:
State:
NOTICE OF AWARD
DATE:
TO: RW ALLEN CONSTRUCTION, LLC
PROJECT: CITY OF TYBEE ISLAND, GEORGIA, CITY HALL RENOVATION
PROJECT
You are notified that your Bid dated September 29, 2022, for the above Contract has been
considered. You are the apparent successful bidder and will be awarded a contract for City of
Tybee Island, Georgia CITY HALL RENOVATION Project upon fully conforming with the
following requirements for award.
Within seven (7) days of the date of this Notice of Award, you must deliver to the OWNER
the enclosed contract documents, fu 11 y executed, signed and witnessed, and a Certificate
of Insurance as follows:
2 originals - Contract
1 original - Performance Bond
1 original - Payment Bond
1 original - Certificate of Insurance certifying compliance with all
insurance requirements specified in the Contract
Documents
Within ten (10) days after receipt of the above documents, OWNER will return to you one
(1) fully executed original of the Contract. You may obtain two additional free copies of
plans and specifications upon request.
You will be notified of the time and place for a preconstruction conference; your proposed
work schedule must be delivered to the OWNER at that time.
Failure to deliver the aforementioned contract documents and insurance certificate within
the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice
of Award, and to declare your Bid Security forfeited.
City of Tybee Island, Georgia (OWNER)
/1
(Authorized Signa
6-77
1
(Type( Name)
NOTICE TO PROCEED
TO: RW ALLEN CONSTRUCTION, LLC
DATE:
PROJECT: CITY HALL RENOVATION PROJECT
You are hereby notified to commence work at December 5, 2022 in accordance with the Contract
dated October 27, 2022 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, Georgia (OWNER)
By
(SIGNi*TURE)
A
(TITLE)
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged this
day of , 2022.
RW ALLEN CONSTRUCTION, LLC
(CONTRACTOR)
(TITLE)
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WAIVER AND RELEASE OF LIEN
FROM:
TO: City of Tybee Island, Georgia (Owner of Project)
PROJECT: CITY OF TYBEE ISLAND, GEORGIA, CITY HALL RENOVATION
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned, having been employed by The City of Tybee Island, Georgia, 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, Georgia, 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 its 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, Georgia, 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,
Georgia, 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, Georgia, 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
day of , 2022.
STATE OF
COUNTY OF
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 in the above affidavit are true.
NOTARY PUBLIC
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AFFIDAVIT
Contractor Affidavit Under OCGA 36-91-21(c)
Personally appeared before the undersigned officer duly authorized to administer oaths,
who, being duly sworn, states as follows:
The undersigned hereby execute under oath this affidavit verifying compliance with the provisions of
O.C.G.A. § 36-91-21(e) and attest that he has not directly or indirectly made any effort by himself or
otherwise to prevent or attempt to prevent competition in the bidding or proposals by any means
whatsoever. The undersigned further attests that he has not attempted to prevent or endeavored to
prevent anyone from making a bid or proposal by any means whatever nor caused or induced anyone to
withdraw a bid or proposal for the work. The undersigned further attests that he is the sole agent or
officer who have acted for or represented the corporation in bidding for or procuring the contract.
This oath is made in order to be filed with the officer whose duty it is to make payment under the
contract.
THIS day of , 2022.
Title
Sworn to and subscribed before me,
this day of , 2022.
Notary Public
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4860-0806-1754.1