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HomeMy Public PortalAboutClk_brw construction DOCUMENT 00506 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the 30 day of March in the year 2015 by and BRW Construction Group, LLC , hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Installation of a 500,000 gallon pre-stressed concrete tank, blowers, aeration piping, transfer pumps, electrical and other accessories including miscellaneous items as required and as shown on the plans to complete a full operational system ARTICLE 2. ENGINEER. The Project has been designed by Thomas & Hutton Engineering Co. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES. All time limits for Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of essence of the Contract. 3.1 The Work will be substantially completed within (120) days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within One Hundred fifty (150) days after the date when the Contract Times commence to run. Included in the contract times are ten (10) days for rain delay. Time delays due to rain in excess of the above days shall be reported by the Contractor to the Engineer in writing, within thirty (30) days of each event. 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 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, 00506-1 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Thousand and 00/100 dollars ($2,000.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR, shall pay OWNER Two Thousand and 00/100 dollars ($2,000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 UNIT PRICE WORK OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds of the amounts determined for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the CONTRACTOR'S UNIT PRICE BID (attached hereto as an exhibit), said amount being: One million, forty-nine thousand, four hundred forty-nine and 00/100 dollars ($1,049,449.00) As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03B of the General Conditions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during performance of the Work as provided in paragraphs 5.1.1., 5.1.1.2. and 5.2. below. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) as provided in the General Requirements. 5.1.1 For Cost of Work: Progress payments on account of the Cost of the Work will be made: 5.1.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less 00506-2 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. 90% of the Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100%of the Work completed. 90% of Cost of the Work (with the balance being retainage) applicable to materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02.A.1 of the General Conditions). 5.1.1.2 Upon Substantial Completion, in an amount sufficient to increase the total payments to CONTRACTOR to 95% of the Cost of the Work, (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda indicated in Article 8 hereinafter) and the other related data identified in the Bidding Documents. 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 00506-3 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 7.4 CONTRACTOR has carefully studied all reports of explorations and test of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR is aware of the City of Tybee Island requirements for construction warranty period of One(1)year for equipment, materials, and workmanship. 7.7 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 7.8 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8, CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 00506-1 to 00506-6, inclusive). 8.2 Performance, Payment, and other Bonds as stated. 8.3 General Conditions (pages 1 to 42, inclusive). 00506-4 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 8.4 Special Conditions (pages 00710-1 to 00710-6, inclusive). 8.5 Supplementary Conditions (pages 00815-1 to 00815-5, inclusive). 8.6 Specifications consisting of 15 technical provisions, as listed in table of contents thereof. 8.7 Notice to Proceed. 8.8 Drawings consisting of sheets CO through EC2.1 with each sheet bearing the following general title: SHEET NO. TITLE G1.0 Cover Sheet G1.1 Vicinity Map & General Notes C1.1 Partial Site Plan C1.2 Yard Piping Plan C1.3 Hydraulic Grade Line C2.1 Blower Details C2.2 Blower Shelter Details C2.3 Digester Piping Details C2.4 Digester Transfer Pump Details C2.5 Air Diffusers Plan & Details C2.6 Air Diffusers Section View C2.7 Handrail Details C2.8 Access Walkway Details C2.9 Misc. Details EC 1.1 Erosion Control Plan EC2.1 Erosion Control Notes E.1 Electrical Details E.2 Electrical Details 8.9 Addenda numbers 1 to 2 inclusive. Exhibits to this Agreement: a. CONTRACTOR's Bid (page 00313-1 through page 00313-7, inclusive) marked "Exhibit A." b. Any modification, including Change Orders, duly delivered after execution of Agreement. c. Any modification, including Change Orders, duly delivered after execution of agreement. . There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 00506-5 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 ARTICLE 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 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 be bound; and, specifically but without limitation, moneys that may become due and moneys 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. 9.3 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 to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in five (5) counterparts. Two counterparts each have been delivered to OWNER and CONTRACTOR and one counterpart to ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by ENGINEER on their behalf. 00506-6 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 This Agreement will be effective on March 30 , 2015 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Tybee isiond BRW Construction Group, LLC BY Jason Buelterman Ma or BY 'obert K. Beck President BY _ - / / ' BY +■ ATTEST ; ATTES° .. ' , %., Address for giving noticesA dress for giving notices 403 Butler Avenue Post Office Box 0 3®N Tybee Island, Georgia 31328 Savannah, GA 3402„ License No. UC 301351 Agent for service of process: CORPORATE SEAL CORPORATE SEAL 00506-7 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 DOCUMENT 00611 PERFORMANCE BOND Bond # 106156320 KNOW ALL MEN BY THESE PRESENTS, that we, BRW Construction Group, LLC, (hereinafter called "Principal"j and; TRAVELERS CASUALTY AND SURETY (Name & Address of Surety) COMPANY OF AMERICA One Tower Square, Hartford, CT 06183 , hereinafter called the "Surety" are held and firmly bound unto The City of Tybee Island, hereinafter called the "Owner" in the penal sum of: One million, forty-nine Thousand, four hundred forty-nine and 00/100 dollars ($ 1,049,449.00 1 lawful money of the United States of America, to be paid to OWNER, for the payment whereof well and truly to be made we do bind ourselves, our respective executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain contract with the Owner dated the 30 day of March , 2015 for the construction of: City of Tybee island Wastewater Treatment Facility, New Aerobic Digester which said contract is incorporated hereby by reference and made a part hereof, and is hereinafter referred to as the Construction Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly and faithfully perform and comply with the terms and conditions of said contract; and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury or loss to which said Owner may be subjected by reason of any wrongdoing, including patent infringement, misconduct, want of care or skill, default, or failure of performance on the part of said Principal, his agents, subcontractors or employees, in the execution or performance of said Construction Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 00611-1 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 3. If there is no Owner Default, the Surety's obligations under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense, take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 4.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 00611-2 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 4.4.2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not reduce or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any changes, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 00611-3 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS: 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto; 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 00611-4 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, and this the 3CK 9 day of Ket WOW April , 2015. CONTRACTOR AS PRINCIPAL: BRW Construction Group, LLC (Principal) Secretary By: — (Signature &Title) 'pis;a,.,,-1- (SEAL) — o K .me_ 1 // Wit,ess as to cipal P.O. Box 1806' Address Savannah, GA 31402 TRAVELERS CASUALTY AND SURET1 SURETY: COMPANY OF AMERICA 0 A A •_ I ••„_ 01116.1 Surety (Company) . CHARLES Nb. SEEF..E (Surety) Secre .'ry <®- ATTORNEY•eft>FACT % GA a 414695 By: - / ij� Attorney-in-Fact (SEAL) Wit r ,/rr foSu ety / SEACREST PARTNERS 1001 WHIT'A ER STREET SAVA! NAM, GA Weld Address g 2=6AA-11119 00611-5 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 Notes: 1. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute bond. 2. Bond must be countersigned by a Georgia resident agent. 3. Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. 00611-6 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 DOCUMENT 00621 PAYMENT BOND Bond # 106156320 KNOW ALL MEN BY THESE PRESENTS, that we, BRW Construction Group, LLC , Post Office Box 1806 TRAVELERS CASUALTY AND SURELY (hereinafter called "Principal") and; COMPANY OF AMERICA One Tower Square, Hartford, CT 06183 (Name & Address of Surety) of Hartford, CT, hereinafter called the "Surety" are held and firmly bound unto The City of Tybee Island, hereinafter called the "Owner" in the penal sum of: One million, forty-nine thousand, four hundred forty-nine and 00/100 dollars ($ 1,049,449.00 1 Lawful money of the United States of America, to be paid to OWNER, for the payment whereof well and truly to be made we do bind ourselves, our respective executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain contract with the Owner dated the 30 day of March , 2015 for the construction of: City of Tybee island Wastewater Treatment Facility, New ,aerobic Digester which said contract is incorporated hereby by reference and made a part hereof, and is hereinafter referred to as the Construction Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Construction Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 00621-1 J-252721 City of Tybee Island WWTF/FS/kbw/March 15 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of claim. 4.2 Claimants who do not have a direct contract with the Contractor: 4.2.1 Have furnished written notice to the Contract and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 4.2.2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnished the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 4.2.3 Not having been paid within 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant,with a copy to the Owner,within 45 days after receipt of the claim stating the amounts that are undisputed and that basis for challenging any amounts that are disputed. 00621-2 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS: 00621-3 1-25272/City of Tybee Island WWTF/FS/kbw/March 15 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, material, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment," that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 9th day of April , 2015. CONTRACTOR AS PRINCIPAL: BRW Construction Group, LLC (Principal) Secretary By: (Signature & Title) s;dert (SEAL) W. ess as t•. 'rincipal P.O. Box 1806 Address Savannah, GA 31402 00621-4 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA • 1 1 A. - - •111•' Surety (Company) AICHARLES W. SEILER (Surety) Secretary _ ATTORNEY.IN•FAITS GA 11414696 By: Attorney-in-Fact (SEAL)-° v 711 ./.. Witn: as to Sure y SEACREST PARTNERS 1001 WHITAKER STREET SAVANNAH, GA 31401 Address 9124444909 00621-5 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 Notes: 1. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute bond. 2. Bond must be countersigned by a Georgia resident agent. 3. Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. 00621-6 J-25272/City of Tybee Island WWTF/FS/kbw/March 15 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AA. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225302 Certificate No. 0 0 5 8 3 6 14 8 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint David E.Paddison,Debbie G.Rich,and Charles Wilkins Seiler of the City of Savannah ,State of Georgia ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 19th day of March 2014 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company o1't 1 RE 6'0.„A 1•N..�N,fG o:•' NS�'�.ti p(Y ARO Y�p�GPO 9r ` "2, O� ,9 /JP.....Fq'. 9J S Clp43iWfly ""W r �' `PICOpppBglED'j m' c'�6 .4 s ,a•; avoRR o i�. 1977 !1 o lw:co rF:.n: W F: n= f1ANrFORD, < iWIRIFOtq N.+ f E 1.9551 : `51ik' F ,,, SEAL,o! :_�'_ ev CONK. n S CON”. is $ 1898! R� .•ytis� nor; y N't State of Connecticut '''' / City of Hartford ss. By. tY Robert L.Raney, enior Vice President On this the 19th day of March 2014 Y , ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. f,p,1ET In Witness Whereof,I hereunto set my hand and official seal. 'VV wr 1. . i-.i ■a 6 1.-t Is+ My Commission expires the 30th day of June,2016. O'0(/�L1G # Marie C.Tetreault,Notary Public C1 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Client#:778655 62BRWCON ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)3/31/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: BB&T Insurance Services, Inc. PHONE FAX 877-657-1559 (A/C,No,Ext): (A/C,No): 1020 Drayton St.Suite 200 E-MAIL ADDRESS: Savannah,GA 31401 INSURER(S)AFFORDING COVERAGE NAIC# 912 353-3980 INSURER A:FCCI Commercial Insurance Compa 33472 INSURED INSURER B:Travelers Property Casualty Co 25674 BRW Construction Group LLC INSURER C: PO Box 1806 INSURER D: Savannah,GA 31402 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD�YY) (MM/DDIYYYYYY) LIMITS A GENERAL LIABILITY CPP00077068 11/07/2014 11/07/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES a occu ence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X PD Ded:1,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 -I POLICY X jECT X LOC COMBINED SINGLE LIMIT $ A AUTOMOBILE LIABILITY CA00096687 11/07/2014 11/07/2015 (Eaaccident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR UMB00059417 11/07/2014 11/07/2015 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION WC13A76470 11/07/2014 11/07/2015 X TORYTLIh TS EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Inland Marine QT6608740M181TIL14 11/07/2014 11/07/2015 Leased/Rented Equipment Limit$495,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) **Supplemental Name:BER Holdings LLC RE:City of Tybee Island Water&Sewer Main Improvements(Division 1 and II) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Tybee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 403 Butler Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Tybee Island,GA 31328 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S13949402/M13270094 RJLO