HomeMy WebLinkAboutAugusta Richmond County and Specialized Services Inc.
Augusta Richmond GA
DOCUMENT NAME: CtrWO~-\- 'De.--\weeD ?'UC\~c>- ~\d>lY'00d .
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NUMBER OF PAGES: \ '3
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CONTRACT
THIS CONTRACT, made this ~ day of ::kt~ , 1999"by and
between Augusta-Richmond County, hereinafter called "Owner" and Specialized
Services, In<;;. doing business as corporation hereinafter called "ContrC;;lctor."
WITNESS: That for and in consideration of the payments and agreel1!ents
hereafter mentioned:
1. The Contractor will commence and complete the construction of
Dean's Bridge Road MSW Landfill' Cell 2 Construction.
2. The Contractor will furnish all of the material, supplies, tools,
equipment, labor and other services necessary for the construction and completion
of the project described herein.
3. The Contractor will commence work required by the Contract
Documents on or before a date specified in the written Notice to Proceed and will
complete the same within 150 calendar days unless the period for completion is
extended otherwise by the Contract Documents. The Contractor further agrees to
pay as liquidated damages, the sum of $1,000.00 for each consecutive calendar
day thereafter as hereinafter provided in the General Conditions.
4. The Contractor agrees to perform all of the Work described in the
Contract Documents and comply with the terms therein for the sum of
$1,481,470.00.
5. The term "Contract Documents" means and includes the f?"owing:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
- (K)
(L)
(M)
(N)
(0)
JS/GA062650/6-29-99
Invitation to Bid
Instructions to Bidders
Bid
Bid Bond
Partnership or Corporate Certificate
Noncollusion Affidavits
Contract
General Conditions
Supplementary Conditions
Payment Bond
Performance Bond
Notice of Award
Notice to Proceed
Change Order(s)
Certificate of Owner's Attorney
00500-1
(P)
(R)
(S)
Drawings prepared by ARCADIS' Geraghty & Miller,
numbered 1 through 7 and dated April, 1999.
Specifications and prepareQor issued by ARCADIS
Geraghty & Miller, dated April, 1999.
Addenda:
No.3, dated May 10, 1999
No.4, dated May 11, 1999 '
May 21,1999 letter from Specialized Services, Inc.
June 25, 1999 letter from ARCADIS Geraghty & Miller
!-
6. The Owner will pay to the Contractor in the manner and at such
times as 'set forth in the General Conditions such amounts as required by the
Contract Documents.
7. This Contract shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Contract in seven (7) copies each of
which shall be deemed an original on the date firs bove written.
Au ustaj
~BY: . .
Name: ;:3.075
(Pie e Print or Type)
Title:, 1YLA-1 0 ~
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JS/GA062650/6-29-99
00500-2
WITNESS:
Name
Title
(Please Print or Type)
ATTEST:
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Name "" ( If ~ Y Il ''''' l~
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(SEAL)
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CONTRACTOR:
. SPECIAL~VICE~' INC.
By: ~ ~L-
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Name: -=:J -e ~ C...,.-r 0- ~ tt 'rr\
(Please Print or Type)
Title: _f ( ~ s \. d ~v'\ {-
Address: I P.O. Drawer 3099
Dublin, GA 3102'
(SEAL)
Note: Attest for a Corporation must be by the corporate secretary; for a partnership
by another partner; for an individual by a Notary.
JS/GA062650/6-29-99
00500-3
,
PI:RFORMANCE BOND
BOND NO. 20BCSAC2109
KNOW ALL MEN BY THESE PRESENTS: that Specialized Services, lIic.,
P.O. Drawer 3099, Dublin, Georgia 31021, a corporation of the State of Georgia.
the "Principal," and Hartfor4 ,Fire Insurance Company, P. O. Box 88288, AtJ..anta, .GA 30356
~rno .-:I Adclreea 01 SU1llly
the "SUtety," are held and firmly bound unto Augusta-Richmond County (the
"Owner") existing under and by virtue of the laws of the State of Georgia. in the sum
01'-$1 ~481 ,470.00 in lawful money of the United Slates, for the payment of-which'
sum in lawful money of the United States well and truly to be made we do hereby
. bind ourselves, our heirs, executors, administrators, successors, and assigns jointly
and severally.
The condition of this obligation is such that whereas Principal has entered
into a certain Contract with the Owner. dated as of the day of
,19_, which is by reference incorporated in and made a part
hereof as fully as if copied here verbatim, for the following work:
The construction of Dean's Bridge Road MSW Landfill Cell 2.
NOW, THEREFORE, if the Principal shall in all respects comply with and
perform all the terms and conditions of the Contract (which includes the Drawings,
Specifications, and Contract Documents) and such alterations as may be made in'
said contract as the documents therein provide for, during the original term thereof
and any extensions 'thereof which may be granted by tfle Owner, with or without
notice to Surety. and during the one year warranty period. and if Principal shall
satisfy all claims and demands and shall indemnify and save harmless the Owner
against and from all costs, expenses, damages, injury, or conduct, want of care,
skill. negligence, or default, including compliance with performance guarantees and
patent infringement by the Pr~ooipal, then this obligation shall be void; otherwise,
Principal and Surety jointly and severally agree to pay to Owner any difference
between the sum to which the Principal would be entitled oncamplelion of th~ '
contract and that which the Owner may be obliged to pay for the completion of ttre
work by contract or othelWise, together with any damages, direct or indirect, or
consequential, which Owner may sustain on account of such work, or on account
of the failure of the Principal to keep and execute all provisions of the Contract.
Principal and Surety' further bind themselves, their heirs. executors,
administrators, and assigns, jointly and severally, that if the Principal shall keep and
perform its agreement to repair or replace defective work or equipment during the
warranty p,eriod of one (1) year as provided, then this paragraph shall be Void; put
JSlGA0626S0/6-25-!)9
00610-'
'.
if default shall be made by Principal in the pe'rformance of its contract to so repair
or replace said work, then this paragraph shall be in effect and Owner shall have
and recover from Prtncipal and its Surety damages for all defective condrtlons
arising by reason of defective materials, work, or labor performed by or on the
account of Principal and it is further understood and agreed that this obligation shall
be a continuing one against the Principal and Surety hereon, and that successive
recoveries may be had hereon for successive breaches until the full amount shall
have been exhausted; and it is further understood that the obligation therein to
maintain said work shall continue throughout said maintenance period, and the
same snail not be changed, diminished, or in any maMar affected from any cause
during said time: and to fully save and hold the Owner harmless for any damages
i~lJJay be caused to pay on account of injury to person, loss of life or damage to
. ,
prop,eriy.
And the Surety, for value received, hereby stIpulates and agrees that the
obligations of the Surety and this BOJld shall in no way be impaired or affected by
any extension of time, modification, omis_sion, addition, or change in or to the
contract, the work to be performed thereunder, or by any payment thereunder
before the time required therein, or by any waiver of any provision thereof, or by any
assignment subletting or other transfer thereof, or of any part thereof, of any work
to be performed, or of any moneys due to become due thereunder, and the said
Surety does hereby waive notice of any and all such extensions. modifications,
omissions, additions, changes, payments, waivers, assignments. subcontracts,and
transfer, arid hereby stipulates and agrees that any and all things done and omitted
to be done by and in rela~ion to executors, administrators, suocess'o.rs, assignees,
,subcontractors, and other transferees shall have the sa'me effect as to said Surety
as though done or omitted to be done by and in relation to the Principal.
-IN WITNESS WHEREOF, the Principal and Surety have executed this
Bond by causing their respective names to be hereu nto subscribed and their seals
to be hereunto affixed by their duly authorized officers, on this the day of
,19
JSlGAOlS215:som-2:5-99
006'0-2
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CONTRACTOR - PRINCIPAL:
SPEC~ALlZE RV S NC. .
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Name: 1" ~ c;.f"'- ~~ ~
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Title: '114-> '. ~fY\+
(SEAL)
Note: Attest for a corporatIon must be by the corporate secretary; for a partnership
by 'another partner. for an Individual by a Notary.
JSlGAOI52S5OI8-25-99
SURETY:
Hartford Fire Insurance Company
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By:
Name: Tamara Hendrix
{Please Print or Type}
Title:
Attoney-in-fact
Agency:
, Address:
Yates Insurance Agency
P.O. Drawer 95806
Atlanta, . GA 30347
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WITNESS: ' .
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Name Karen A. Maynard,
(Please Print or Type)
Title Witness
(SEAL) I,
Note: Surety companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorfzed to
transact business in the state where the project is located.
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JSlGAOG26G0I8-2G-99
, 00810-4
----
PAYMENT BO~D
BOND NO. 20BCSAC2109
KNOW ALL MEN BY THESE PRESENTS~ that Specialized Services, Inc.,
P.O. Drawer 3099, Dublin, GA 31021. a corporation af the State of Georgia, the
"PrinCipal," and Hartford Fire InsuraI\ce Company, P.O. Box 88288, Atlanta,. GA 30356
Name and AddTDml of SuralY
the "Surety," are held and firmly bound unto Augusta-Richmond County (the
"Owner") existing under and by virtue of the laws of the State of Georgia, in the, sum
q,f...$1;A81 ,470.00 in lawful money of the United States, for the payment of which
sum in lawful money of the United States well and truly to be made_ we do hereby
, bind ourselves. our heirs, executors, administrators, successors, and assigns jointly
and severally.
The conditJon of this obligatIon is such that whereas Prtncipal has entered
into a certain Contract with the Owner, dated as of the day of
, 19_, which is by reference incorporated in and made a part
hereof as fully as jf copied here verbatim. for the following work:
The construction of Dean's Bridge Road MSW Landfill Cell 2.
NOW, THEREFORE, if the Principal shari fully pay for all the labor and
materials used by said Principal or any immediate or remote subcontractor or
furnisher of labor or materials under him in the performance of the Work in lawful.
money of the United States as the sarne shall become due, including all amounts
due for materials, lubricants, oil, gasoline, electricity, coal and coke, repairs on
machinery, equipment, and tools, consumed or used in connection with
performance of the work and all';nsurance premiums and other charges incurred
under said contract, then this obligation shall be void: otherwise to remain in fun
force and effect.
Principal and Surety further bind themselves, their heirs, executors,
administrators, and assigns, jointly and severally, that they shall promptly mak~'
payments of aU taxes, licenses, assessments, contributions, penalties. and interest
thereon, when I and if, the same may be lawfully due the State of Georgia or any
County, Municipality, or political subdivision thereof by reason of and direCtly
connected with the performance of the Contract. or any part thereof.
And the Surety, for v~lue recejv~d. hereby stipulates and agrees that the
obligations of the Surety and this Bond shall in no way be impaired or affected by
any extension of time, modification, omission, addition, or change in 'or to the
contract, the ,work to be performed thereunder, or by any payment thereunder
~~~OG2G6!V8_25_9D
00620-1
before the time required therein. or by any waiver of any provision thereof. or by any
assignment subletting or other tranSfer thereof. or of any part thereof. of any work
to be performed. or of ,any moneys due to become due thereunder; and the said
Surety does hereby waive notice of any and all such extensions, modifications.
omissions, additions. changes. payments, waivers, assignments, subcOntracts, and
transfer, and hereby stipulates and agrees that any and all things done and omitted
to be done by and in relation to executors. administrators. successors. assignees,
subcontractors, and other transferees shall have the same effect as to said Surety
as though, done or o'!1itted to be done by and in relation to the Principal.
IN, WITNESS WHEREOF, the Principal and Surely have executed this
Bond ;by causing their respective names to be hereunto subscribed and their seals
tabe 'hereunto affixed by their duly authorized officers, on this the ' day of
,19_.
JSlGA08285016-25-99
00620.2
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Title~ -3 ( t S " d, t v\ +
A~rrElST: ~ .
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Name hI, <I. ~ "1 0 f "-< k.. y
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TItle So( cr Q,.f- 1..<'1 - 1 (e 6..t u ( t ( (SEAL)
Note:A1test for a corporation must be by the corporate secretary; for a partnership
by another partner; for an individual by a Notary,
SURETY:
Hartford Fire Insurance Company,
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By:
Name:
Tamara Hendrix
(Please Print or Type)
Title: Attorney-in-fact
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, Agency: Yates Insurance Agency
P.O. Drawer 95806
Address:Atlanta, GA 30347
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JSlGA06261l0l6.2s..99
00620-3.
WITNESS: ' .
~?C1I0z~.a/~
Name
Karen A. Maynard
(Please Print or Type)
Witness
(SEAL)
Title
Note: Surety companies executing Bonds must appear on ,the Treasury
Department's most current list (Circular 570 as amended) and be authorized to
lransa'ct business in the state where the project is located.
JSlGA062650/G-25-99
0062G-4
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents., That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized
under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut,
does hereby make, constitute and appoint
P.D. YA1ES, JR., p,[). YATES, III, KEVIN M, NEIDERT, MICHAEL L. ANGEL,
MICHAEL S. BRICKNER, KAREN A. MAYNARD, EMMETT H. HALL,
ALAN R. YA1ES, TAMARA HENDRIX, BRIAN K. HUGHES, AARON M. HILL
and BETSY J. HOLMES of ATLANTA, GEORGIA
its true and lawful Attomey(s)-in-Fact. with full power and authority to each of said Attomey(s).in-Fact, in their separate capacity if more
than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the
nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust;
guaranteeing the performance of contracts other than insurance pOlicies; guaranteeing the performance of insurance contracts where
surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in
all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same
extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of
HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all
that its said Attorney(s).in-Fact may do in pursuance hereof,
This Power of Attorney is'granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, ("the CompanYl
as amended by the Board of Directors at a meeting duly called and held on July 9, 1997, as follows:
ARTICLE IV
SECTION 7. The President or any Vice President or Assistant Vice-President, acting with any Secretary or Assistant Secretary shall have power
and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recongnizances, contracts of indemnity and other
writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon
the Company,
SECTION 8, The President or any Vice-President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have
power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,
one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such resident Vice-President,
resident Assistant Secretary, or Attomey-in-Fact, and revoke the power and authority given to him,
Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attomey or to any cenifocate relating thereto by
facsimile. and any such power at attorney or certificate bearing such facsiniile signatures or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is
attached.
In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice
President, and its corporate seal to be hereto affixed, duly, attested by its Secretary, this 15th day of September, 1997.
Attest HARTFORD FIRE INSURANCE COMPANY
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Richard A. Hermanson, Secretary John F. Burke, Assistant Vice President
STATE OF CONNECTICUT} ss.
COUNTY OF HARTFORD
On this 15th day of September, AD, 1997, before me personally came John F. Burke; to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice-President of HARTFORD
FIRE INSURANCE COMPANY, the corporation described in and which executed the above Instrument; that he knows the seal of the
said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of
Directors of said corporation and that he signed his 'name thereto by like order,
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CERTIFICATE
I, the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV,
Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force.
,STATE OF CONNECTICUT} ss.
COUNTY OF HARTFORD
Signed and sealed at the City of Hartford.
Form 5-3507-9 (ifF) Printed in U.S.A.
~~~
N otazy Public
My Commission Expm June 30,2004
Dated the
day of
19
?Li ,iJJ
Robert L. Post. Secretary
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CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, , the duly authorized and
acting legal representative of Augusta-Richmond County, do hereby certify as
follows:
I have examined the attached Contract(s) and surety bonds and the
manner of execution thereof, and I am of the opinion that each of the
aforesaid agreements has been duly executed by the proper parties
thereto acting through their duly authorized representatives; that said
representatives have full power and authority to execute said agreements
on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties
executing the same in accordance with terms, conditions and provisions
thereof.
Date:
JS/GA062650/4-16.99
00699-1
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