Loading...
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