HomeMy Public PortalAboutscw.pdfAGREEMENT WITH THE CITY OF TYBEE ISLAND, GEORGIA
FOR ASPHALTIC ROAD PAVING AND STORM AND SANITARY
SEWER IMPROVEMENTS
THIS AGREEMENT made this o24' day of Fel/ 2024, by and between the
City of Tybee Island, Georgia, hereinafter called the "Owner" at P. Box 2749, Tybee Island,
GA 31328, and SCWC Enterprises, Inc. d/b/a Phillips Paving Company, hereinafter called the
"Contractor", of 1330 Quacco Road, Pooler, Georgia 31322.
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 Asphaltic Road Paving and Storm and Sanitary Sewer Improvements more
fully described in the ITB No.: 2023-774-2.
WHEREAS, the City of Tybee Island, Georgia, did find that the Contractor was the
lowest responsible, responsive and preferred offeror for the hereinafter specified as
Asphaltic Road Paving and Storm and Sanitary Sewer Improvements (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 Asphaltic Road Paving and Storm and Sanitary
Sewer Improvements 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 [I- CONTRACT DOCUMENTS
The Contract Documents herein named include all of the following component parts, to
the extent existing and applicable, 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. 2023-774-2 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
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8. Any and all Addenda to the foregoing, all of which are on file with the Owner
If there is any inconsistency between the Contract Documents, this Agreement will control.
ARTICLE III - CONTRACT AMOUNT
The Contractor agrees to receive and accept the unit prices and lump sum prices as set
forth in the associated contract documents including but not limited to the bid 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 i t s 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 $462,962.50,00.
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ARTICLE IV- STARTING AND COMPLETION
j ''The Contractor shall, and agrees to, commence work for the Project no later than
February )-r 2024, and to complete fully all work required by the Contract Documents to the
point of Final Acceptance by the Owner within 90 days of receipt of the Notice to Proceed.
Final Acceptance means Owner's acceptance of the construction upon certification by the
architect, project engineer, or other representative of Owner of final completion of the
construction.
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 SEVERAIIILITY
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
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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
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.
SCWC ENTERPRISES, INC. d/b/a
PHILLIPS PAVING COMPANY
(Contractor)
By:
It's:
Sworn to and subscribed before me
this s,22 day of Fe.L . , 2024.
Notary Public
My commission expires: 11/Q/1 7
(NOTARIAL SEAL)
CITY OF TYBEE ISLAND, GEORGIA
(Owner)
By:
It's:
Sworn to and subscribed before me
this 1p day of (I24.
Notary Public
,,,,,, 171 ,,,
My commission expires: !U—/S..42.Y, .j,• AUSL[G• ; CQ = r
(NOTARIAL SEAL) '•• •..... ••'-�
IMPORTANT NOTE: If the Contractor is a corporate ' 1 *��
gal name of the corporation shall
be set forth above together with a signature of the officer or officers authorized to sign
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Janet R LeViner
NOTARY PUBLIC
Chatham County, GEORGIA
My Commission Expires 10/15/2024
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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,
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CERTIFICATE TO BE EXECUTED IF CONTRACTOR IS A CORPORATION
1, c.. TiLAsk. certify that 1 am the Pr Li,'iz I' of the
Corporation named as Contractor hereinabove; that by Resolution of the Board of Directors at
a t ..i.,4. meetin field on at,,."4.„,,,,v , 20 , a Resolution was passed giving
authority to O„ /f. �oi f ,.. r to 4gn the foregoing Contract on behalf of
the Contractor; that said officer was then Prej:44 n f 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.
Seer
Date: nZ1„1.42 tf
(Corporate Seal)
County: L - 1.4 h State: ,e ori
ry
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NOTICE OF AWARD
DATE: c9i % eg a
TO: SCWC ENTERPRISES, INC. d/b/a PHILLIPS PAVING COMPANY
PROJECT: CITY OF TYBEE ISLAND, GEORGIA, ASPHALTIC ROAD PAVING
AND STORM AND SANITARY SEWER IMPROVEMENTS
You are notified that your Bid dated January 4, 2024, 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 ASPHALTIC ROAD PAVING AND STORM AND SANITARY
SEWER IMPROVEMENTS 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 1 I 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)
By:
etrie
(Authorized Signature) (Typed Name)
c_o f 1 a r
riZi‘d94"1
(Title)
NOTICE TO PROCEED
TO: SCWC ENTERPRISES, INC. d/b/a PHILLIPS PAVING COMPANY
DATE: C9j,,,' �o?ac.(
PROJECT: ASPHALTIC ROAD PAVING AND STORM AND SANITARY SEWER
IMPROVEMENTS PROJECT
You are hereby notified to commence work on the asphaltic paving and sewer work in Tybee
Island, Georgia in accordance with the Contract dated January 20, 2024 and you are to fully
and satisfactorily complete the work to the point of Final Acceptance within 90 days after the
Notice to Proceed.
The City of Tybee Island, Georgia
By
(SIGNATURE)
ACCEPTANCE OF NOTICE
TITLE)
Receipt of the 4bove NOTICE TO PROCEED is hereby acknowledged this
day of �! 2024.
rle
SCWC ENTERPRISES, INC.d/b/a
PHILLIPS PAVING COMPANY
(CONTRACTOR)
Pf4)r4"71-
(TITLE)
WAIVER AND RELEASE OF LIEN
FROM:
TO: City of Tybee Island, Georgia (Owner of Project)
PROJECT: CITY OF TYBEE ISLAND, GEORGIA, ASPHALTIC ROAD PAVING AND STORM
AND SANITARY SEWER IMPROVEMENTS
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 , 2024.
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.
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NOTARY PUBLIC
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AFFIDAVIT
Contractor Affidavit Under OCGA 36-91-21(e)
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
Sworn to and subscribed before me,
this day of , 2024.
Notary Public
8881-2318-7358.1
, 2024.
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