HomeMy WebLinkAboutROOF REPLACEMENT AT FRIEDMAN BRANCH LIBRARY_ ROOFING PROFESSIONALS INC. OF GROVETOWN, GA SECTION NA
NOTICE OF AWARD
TO: Roofing Professionals, Inc.
505 CDP Industrial Boulevard
Grovetown, GA 30813
PROJECT DESCRIPTION: Roof Replacement -Friedman Branch Library
The Owner has considered the BID submitted by you for the PROJECT named above in response to its Bid
Item# 17-168 due on March 24, 2017.
You are hereby notified that your BID (Including Alternates- None)has been accepted in the amount of One-
hundred sixty-two thousand nine hundred dollars ($ 162,900.00).
You are to execute the AGREEMENT (Section A) within Ten (10) calendar days from the date of this Notice
to you. Furthermore, the Owner has elected to require a Contractor's Performance Bond (Section PB) and a
Labor and Materials Payment Bond(Section LMPB).The price of said bonds is included in the contract amount
stated above.
If you fail to execute said Agreement and to furnish said Bonds within Ten (10) working days from the date of
this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of
your PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such
other rights as may be granted by law.
Shop drawings and other submittals are due within fifteen (15) calendar days of the issuance of this Notice of
Award.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this 9th day of June, 2017.
BY: RIZ hard M. Acree,JY.
Richard M. Acree, Jr., Project Manager
Central Services Department
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged on this /lv day of sum--c- , 2ot�
BY: 5. 6"
TITLE: Csr,m4-hW41,64vr.-r 1410 gex-
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SECTION A
AGREEMENT
THIS AGREEMENT, made this 9th day of June, 2017. by and between Augusta Georgia,
a political subdivision of the State of Georgia, hereinafter called "Owner" and Roofing
Professional Inc., doing business as a corporation hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements as
hereinafter mentioned the sufficiency which is hereby acknowledged, the parties agree to
as follows:
1. The Contractor will commence construction of the Roof Replacement - Friedman
Branch Library. All work is to be in accordance with plans prepared by the owner
as included in Bid Item # 17-168 and related documents as listed in item 5
below.
2. The Contractor shall provide all labor, material, parts, engineering, licensing and
certifications required by any applicable regulation. Furthermore, the Contractor will
furnish all drawings, product data, material, supplies, tools, equipment, labor, traffic
control and other services necessary for the construction and completion of the
project described herein.
3. The Contractor will commence the work required by the Contract Documents within
Thirty (30) calendar days after the date of the Notice of Award and will complete the
work not later than 120 days after notice to proceed, unless the period of completion
is extended otherwise in accordance with the terms of this agreement.
4. The Contractor agrees to perform all the work described in the Contract Documents
for the sum of One hundred sixty-two thousand nine hundred dollars
($162,900.00).
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids Request for Bids# 17-168
Bid Bond Notice of Award Agreement
Performance/Payment Bonds Certificate of Owner's Attorney Notice to Proceed
Change Order(s) General Conditions Plans
Supplemental General Conditions Special Conditions Technical Specifications
Addendum #1 to Bid Item 17-168
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 Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement in Five (5) counterparts, each of which shall
be deemed an original on the date first above written.
OWNER: AUGUSTA, GEORGIA ATTEST:
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Hardie Davis, Jr. (Mayor) 1 Lena Bo erqP�gI *et *A 4.
CONTRACTOR: ►taoFi�v4 A.Fess i�w,cssi
Airs ATTEST: moi.
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BY: �, (SEAL)
NAME: Ci421 .1-75,96L NAME Mr0 L u
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TITLE: Esrr•sr4red4- �se-�t/i TITLE: OA
ADDRESS:
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Bond Number 929645958
SECTION PB
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7-8, IN
FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That Roofing Professionals, Inc , as Principal, hereinafter
called Contractor, and Western Surety Company , a corporation
organized and existing under the laws of the State of South Dakota , with its principal
office in the City of Chicago , State of Illinois , as Surety, hereinafter called Surety, are
held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, in the penal
amount of One Hundred Sixty-Two Thousand Nine Hundred and 00/00 Dollars
($162,900.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns,jointly and severally, firmly by these presents for
the faithful performance of a certain written agreement.
WHEREAS, Contractor has by said written agreement dated June 9, 2017 entered into a
contract with Owner for the construction of Roof Replacement - Friedman Branch Library,
Augusta, Georgia, in accordance with the specifications issued by the Augusta Recreation Parks
and Facilities Department, which contract is by reference made a part hereof, and is hereinafter
referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and
faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly
(1) Complete the CONTRACT in accordance with its terms and conditions, or,
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and
upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for
a contract between such bidder and Owner, and make available as Work progresses (even
though there should be a default or a succession of defaults under the contract or contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of completion less
the balance of the contract price; but not exceeding, including other costs and damages for
which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the total amount
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payable by Owner to Contractor under the Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on
which final payment under the CONTRACT falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the Owner named herein or the heirs, executors, administrators or successors of the Owner.
Signed and sealed this 12th day of June , 2017 .
Contractor
Witne i `L Le„, Roofing Professionals, Inc.
By - 40 (Seal)
oh Reynolds,Pre ident
Surety
der
Witness Western Surety CompanyOIL
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By AV.z_ /1 ,,/ , _ (Seal)
'-•ina K.Barnhardt,Attorney-in-Fact
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
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Bond Number 929645958
SECTION LMPB
LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGES
5-6, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE
CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS:
That Roofing Professionals, Inc. , as Principal, hereinafter called
Contractor, and Western Surety Company , a corporation organized and existing under the
laws of the State of South Dakota , with its principal office in the City of Chicago
State of Illinois , as Surety, hereinafter called Surety, are held and firmly bound unto
Augusta, Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as
hereinbelow defined in the amount of One Hundred Sixty-Two Thousand Nine Hundred
Dollars ($ 162,900.00 ) for the payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these
presents.
WHEREAS, Contractor has, by written agreement dated June 9, 2017 ,entered into
a contract with Owner for the construction of Roof Replacement - Friedman Branch Library, in
accordance with specifications issued by the Augusta Recreation Parks and Facilities Department,
which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably
required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise
it shall remain in full force and effect, subject, however, to the following conditions:
(1.) A claimant is defined as one having a direct contract with the Contractor or with a
subcontractor of the Contractor for labor, material, or both, used or reasonably required for
use in the performance of the contract, labor and material being construed as to include that
part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid in full before the expiration of
a period of ninety (90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant, may sue on this bond
for the use of such claimant, prosecute the suit to final judgement for such sum or sums as
may be justly due claimant, and have execution thereon. The Owner shall not be liable for
the payment of any costs or expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor, shall
have given written notice to any two of the following: The Contractor, the Owner, or
the Surety above named,within ninety(90) days after such claimant did or performed
the last of the work or labor, or furnished the last of the materials for which said claim
is made, stating with substantial accuracy the amount claimed and the name of the
party to whom the materials were furnished, or for whom the work or labor was done
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or performed. Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner
or Surety, at any place where an office regularly maintained for the transaction of
business, or served in any manner in which legal process may be served in the state
in which the aforesaid project is located, save that such service need not be made by
a public officer.
(b) After the expiration of one (1) year following the date on which Contractor ceased
work on said CONTRACT, it being understood, however, that if any limitation
embodied in this bond is prohibited by any law controlling the construction hereof,
such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated,
or in the United States District Court for the district in which the project, or any part
thereof, is situated, and not elsewhere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which
may be filed of record against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
Signed and sealed this 12th day of June , 2017 .
Contractor
Witness ChAfRoofin• "rofession-.r. Inc.
JBy (Seal)
Joh Reynolds,Pres dent
25'.
Surety
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Witness Western Suret Com•an -- -
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By J X ig
/,t s al)
iRe na K.Barnhardt,Attorney-in-Fact
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
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Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Michael W Paul,Regina K Barnhardt,Individually
of Suwanee,GA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 6th day of October,2016.
,�°'"sRET} WESTERN SURETY COMPANY
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f�iije.Ot. ----74:714Z74"---
aul T.Bruflat,Vice President
State of South Dakota
ss
County of Minnehaha
On this 6th day of October,2016,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges
same to be the act and deed of said corporation.
My commission expires
�q, J.MOHR
June 23,2021 ` SOUTH at
(I/ /)
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titi
J.Mohr,Notary Public
CERTIFICATE
I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 12- day of lune, ,c}01 7E WESTERN SURETY COMPANY
ry 0,9 %A..
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'_``SERV.'
�tii1.DPK,y C:-)T. 24.1,4_47-701..,
L.Nelson,Assistant Secretary
Form F4280-7-2012