HomeMy WebLinkAboutMECO FUEL FARM PROJECT
r I
..
CONTRACT FORM
THIS AGREEMENT is dated as of the ~<f -otr day of~..->a... r'; in the year 20fYfBf;;'
and between AUGUSTA, GA by and through the AUGUST)! AVIATION
COMMISSION (hereinafter called OWNER) and MECO of Augusta, Inc. (hereinafter
called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1.
WORK
Design and Construction of a Fuel Farm consisting of three (3) 12,000 AG tanks with
secondary containment, fuel dispensing system, piping, pumps, filter vessels, filters and
all valves for the operation and storage of three fuel products. This project also consist of
all electrical, water, and drainage systems for operation of this fuel farm, reposition of
chain link fence, secondary containment for loading and unloading trucks, and
connecting roadways.
The Project, for which the Work under the Contract Documents may be the whole or only
a part, is generally described as follows:
FUEL FARM PROJECT
AUGUSTA REGIONAL AIRPORT
AUGUSTA, GEORGIA
Article 2.
ENGINEER AND BUILDER
The project has been designed and will be built by:
MECO OF AUGUSTA INC.
1234 GORDON PARK ROAD
AUGUSTA, GEORGIA
Who is hereinafter called CONTRACTOR.
Article 3.
CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with the
General Provisions as follows:
Completion of Project: The entire project shall be completed within 120
consecutive calendar days from the date of Notice-To-Proceed and in accordance
with the construction phasing prescribe in "Scope of Work".
In the event that the construction contract time period occurs between the
dates April 1, 2008 through April 15, 2008 inclusive, all construction
activities shall be stopped. No contract time will apply against the contract
during this time period. The Contractor will be required to de-mobilize and
re-mobilize at no additional expense to the Owner.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work
is not completed within the times specified in paragraph 3.1. They also recognize
the delays, expense and difficulties involved in proving in a legal or arbitration
preceding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER the amount of $1 00.00 per each calendar day
that expires after the time specified in paragraph 3.1.
Article 4.
CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents, and in accordance with the unit bid prices
submitted for the Base Bid on June 26. 2007 and to this contract, with an initial
contract amount of Two Hundred Seventy-Five Thousand, One Hundred Fifty
and No/lOO Dollars ($275. 150.00) to be paid based upon the actual quantities
approved and accepted in accordance with the Contract Documents.
Article 5.
PAYMENT PROCEDURES
Progress Payments: OWNER will make progress payments on account of the
Contract Price on the basis of Contractor's Applications for Payment within 30
calendar days after receipt of an application for payment that has been reviewed
and approved by the OWNER. The last Friday of every month that work is
performed shall be the ending date for establishing the quantity of units
completed, material, stored material, and installation of such material for
submission in the application for payment. A 10% Retainage will held on each
payment.
5.2.1 Payment for material completion: The CONTRACTOR may request payment of
the remaining contract balance, including retainage, less amount credited the
OWNER incurred as liquidated damages, and less amount withheld for the punch
list by reason of Minor Items Permitted for Incomplete Work.
5.2.2 Final Payment: Upon final completion and acceptance of the Work by the
OWNER. OWNER shall pay the remainder of the contract price.
Article 6
CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1 CONTRACTOR has familiarized itself with the nature and extent of the contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
6.2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports and studies which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise may affect the cost, progress,
performance or furnishing of the Work as CONTRACTOR considers necessary
for the performance or furnishing of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including the General Provisions and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.3 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or data in
respect of said Underground Facilities are or will be required by CONTRACTOR
in order to perform and furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the
Contract Documents.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and
conditions of the Contract Documents.
6.5 CONTRACTOR has given OWNER written notice of all conflicts, error or
discrepancies that have been discovered in the Contract Documents and the
written resolution thereof by OWNER is acceptable to CONTRACTOR.
6.6 BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR
CONSTRUCTION CONTRACTS (JAN 1991)
(A) The CONTRACTOR agrees that only domestic steel and manufactured
products will be used by the Contractor, subcontractors, materialmen, and
suppliers in the performance of this contract, as defined in (b) below.
(B) The following terms apply to this clause:
1. Steel and Manufactured Products. As used in this clause, steel and
manufactured products include (1) those produced in the United States
or (2) a manufactured product produced in the United States, if the
cost of its components mined, produced or manufactured in the United
States exceeds 60 percent of the cost of all its components and final
assembly has taken place in the United States.
2. Components. As used in this clause, components mean those articles,
materials, and supplies incorporated directly into steel and
manufactured products.
3. Cost of Components. This means the costs for production of the
components, exclusive of final assembly labor costs.
(c) The attached list (marked as Exhibit "A") is the list of supplies/materials
that the U.S. Government has determined that are not produced in the
United States in sufficient and reasonable available quantities and of
sufficient quality that will take exception to this clause.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
7.1 This Agreement (pages C-l to C-6, inclusive)
7.2 Performance and Payment Bonds
7.3 CONTRACTOR'S Bid and attachments
Article 8.
MISCELLANEOUS
8.1 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to by bound; and specifically but without limitation monies that
may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
8.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns
and legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
8.3 The CONTRACTOR or subcontractor shall not discriminate on the basis ofrace,
color, national origin, or sex in the performance of this Contract. Failure by the
CONTRACTOR to carry out these requirements is a material breach of this
.'
,.
Contract, which may result in the termination of this contract or such other
remedy as the Owner deems appropriate.
8.4 The PRIME CONTRACTOR agrees to pay each subcontractor under this PRIME
CONTRACT for satisfactory performance of its contract no later than 7 days from
the receipt of each payment the PRIME CONTRACTOR receives from
AUGUSTA-RICHMOND COUNTY. The PRIME CONTRACTOR agrees
further to return retainage payments to each subcontractor within 7 days after the
subcontractor's work is satisfactorily completed. Any delay or postponement
from the above reference time frame may occur only for good cause following
written approval of AUGUSTA-RICHMOND COUNTY. This clause applies to
both DBE and non-DBE subcontractors.
Article 9. OTHER PROVISIONS.
A TT ACHED STANDARD CONTRACT CLAUSES ARE INCORPORA TED ~ \
HEREIN AND MADE PART OF THIS AGREEMENT. /JV{
IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed five
copies of this Agreement. Two counterparts each have been delivered to
OWNER, and two counterparts have been delivered to CONTRACTOR. All
portions of the Contract Documents have been signed or identified by OWNER
and CONTRACTOR.
AGREEMENT
BETWEEN AUGUSTA, GEORGIA AND MECO OF AUGUSTA, INC.
FUEL FARM PROJECT
STANDARD CONTRACT CLAUSES
1) Indemnification:
CONTRACTOR agrees to indemnify CLIENT for any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage or bodily injury, including death, to the
proportionate extent causes by the negligence or willful misconduct of CONTRACTOR,
Consultant's employees, affiliated corporations, and subcontractors in connections with
the PROJECT.
CLIENT agrees to indemnify CONTRACTOR from any claims, damages, losses, and
costs, including but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage or bodily injury, including death, to the
proportionate extent causes by the negligence or willful misconduct of CLIENT, Client's
employees, affiliated corporations, and subcontractors in connections with the PROJECT.
2) Assignment
This is a bilateral consultant services agreement. Neither party shall have the power to or
will assign any of the duties or rights or any claim arising out of or related to this
AGREEMENT, whether arising in tort, contract or otherwise, without the written consent
of the other party. Any unauthorized assignment is void and unenforceable. These
conditions and the entire AGREEMENT are binding on the heirs, successors, and assigns
of the parties hereto.
3) Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the
State of Georgia. All claims, disputes and other matters in question between client and
consultant arising out of, or relating to, this Agreement, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia. CONTRACTOR, by
executing this Agreement, specifically consents to venue and jurisdiction in Richmond
County, Georgia and waives any right to contest jurisdiction and venue in said court.
4) Dispute Resolution:
The parties will use their best efforts to resolve amicably any dispute, including use of
alternative dispute resolution options.
5) Open Records
CONTRACTOR acknowledges that this Agreement and certain documentation may be
subject to the Georgia Open Records Act (O.C.G.A. Section 50-18-70, et seq.)
CONTRACTOR shall cooperate fully in responding to such request and shall make all
records, not exempt, available for inspection and copying as required by law.
CONTRACTOR shall clearly mark any information provided to CLIENT which the
CLIENT contents is Proprietary or Confidential Information. Proprietary or Confidential
infoImation of the CONTRACTOR is to be protected from public release if at all
possible. CONTRACTOR shall notify CLIENT immediately of any Open Records
request arising out of this contract and shall provide to CLIENT a copy of any response
to the same.
6) Notices
All notices hereunder shall be in writing and shall be fully given if delivered personally
or sent by registered or certified mail, return receipt requested, postage prepaid, to the
respective addresses of the parties appearing in this Agreement. Any notice given shall
be deemed to have been received on the date, which it is delivered if delivered
personally, or, if mailed, on the fifth business day next following the mailing thereof.
Either party may change its address for notices by giving notices of such change as
required in this Section.
The originals to: Mr. Cedric Johnson
Chairman, Augusta Aviation Commission
150 1 Aviation Way
Augusta, Georgia 30906
Copies to: City Administrator, Augusta, Georgia
530 Greene Street, Room 801
Augusta, GA 309011
Attn: Fred Russell
Phone (706) 821-2400
Fax (706) 821-2819
, ~
Termination for Convenience: The CITY may terminate this contract in part or in whole
upon written notice to the CONTRACTOR. The CONTRACTOR shall be paid for any
validated services under this Contract up to the time of termination.
'!'
.
{
.'
,,;
/t;
This Agreement will be effective on
OWNER
AUGUSTA, GA
by and through the
AUGUSTA AVIATION COMMISSION
~BY:
Chairman, Aug
Attes~ l. ~
Address for giving notices:
1501 Aviation Way
Aue:usta. Geore:ia 30906
Approved by County Attorney
As to Form and Legality
I /c;~~dO~
I I
CONTRACTOR
MECO OF AUGUSTA, INC.
(
BL#~~
~
~ "
Attest:. /7 - ..
/ , ~
Address for giving notices:
1234 Gordon Park Road
Aue:usta. Geore:ia 30901