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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 2 A 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. SC t't 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 2 A 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 2 Janet R LeViner NOTARY PUBLIC Chatham County, GEORGIA My Commission Expires 10/15/2024 A 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, 2 A 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 2 i1 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. 1 NOTARY PUBLIC 1 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. 1