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HomeMy WebLinkAboutAugusta Richmond County and Specialized Services Inc. Augusta Richmond GA DOCUMENT NAME: CtrWO~-\- 'De.--\weeD ?'UC\~c>- ~\d>lY'00d . . ~ ard ~ffi\o.\\-&kd ~\C-€-0\~Q... DOCUMENT TYPE: ~~~~~ YEAR: ~ ~ BOX NUMBER: t FILENUMBER \ ~5G~ NUMBER OF PAGES: \ '3 ~ , , " I -' ~..f'" . , J .A j~'.i ' Al:if 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 ~ \- JS/GA062650/6-29-99 00500-2 WITNESS: Name Title (Please Print or Type) ATTEST: ~~ Name "" ( If ~ Y Il ''''' l~ . (Please Pint or Type) Title '5 -c c { r;rt-... (~ - --r r < a. S \oAf.q r- (SEAL) ~ CONTRACTOR: . SPECIAL~VICE~' INC. By: ~ ~L- , , 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 AITEpT: - ~~~ Name ~ \ { 1-< \( 1> 0 r v.s k ~ (Please IPrint or Typ ) Title See t '!~.k< \1 -1 f e lJ. s,1..l.( f(' t CONTRACTOR - PRINCIPAL: SPEC~ALlZE RV S NC. . BY? - " . -" Name: 1" ~ c;.f"'- ~~ ~ (Please Print or Type) 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 //'x.:::. / ( --/L/' / ,/ ."".,'.,., c: (--J 'C// " './/" ( - . - ~./ 1/ ~-......... (...~t::::..."._....._~ By: Name: Tamara Hendrix {Please Print or Type} Title: Attoney-in-fact Agency: , Address: Yates Insurance Agency P.O. Drawer 95806 Atlanta, . GA 30347 OCG1Q.3 I .1, I I I , I~ WITNESS: ' . td~ _c/ 4, / ~~;IG ')fit /'/t~A- 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. ,-._ J f _':-J' 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 N 9: -=:J e J <;'(0.. hI( ~ (Please Print or Type) Title~ -3 ( t S " d, t v\ + A~rrElST: ~ . J' ~ Name hI, <I. ~ "1 0 f "-< k.. y , (Please Tint or Type) 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, / ' .\--> " y// ~ "., /,- /', ~. ^' '--, '\ ,'", Y' /. ,"., c..{/'L..---...-< ,- , .. ./ ,/ '- . -, - ./ -' By: Name: Tamara Hendrix (Please Print or Type) Title: Attorney-in-fact . -1~:"""..;,~\"::':',~",""..t~<"...... , Agency: Yates Insurance Agency P.O. Drawer 95806 Address:Atlanta, GA 30347 .- .' f -'..J 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 ~tf)L d..~ ~ ,~ tsw..L- 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, ~... ~.. 1-~~ .1'UauC- 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 - -.. .'..... . 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 I