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HomeMy Public PortalAboutAD Williams - Paving 2022Si' A I A Document A312TM - 2010 Performance Bond CONTRACTOR: (Name, legal status and address) A.D. Williams Construction Co., Inc. 4125 Ogeechee Road Savannah. GA 31405 OWNER: (Name, legal status and address) City of Tybee Island, GA P.O. Box 2749 Tybee Island, GA 31328 CONSTRUCTION CONTRACT Date: Amount: $564,228.** Description: (Name and Location) Bond # 18L005476 SURETY: (Name, legal status and principal place of business): The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 Asphaltic Road Paving BOND Date: (Not earlier than Construction Contract Date) Amount: $564,228.** Modifications to this Bond: 0 None 0 See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seat) A.D. Williams Construction Co., Inc. Signature`ti�f•�( /fl4t�[ ; /'�-� �(L s Name 3' and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATIO% oNL.Y - Name, addre s and telephone) AGENT or BROKER Le IP0 ezlcr E,r:A Paril�E:rs OWNER'S REPRESENTATIVE 1001 VI :: ~=.ker Street (Architect, Engineer or other party) Savanr•-1.1, GA 31401 i 912-544-'1909 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AJA Document A312.2010 combines two separate bonds, a Performance Bond, into one form. This is not a single combined Performance and Payment Bond SURETY Company: (Corporate Seal) The Ohio Casualty Insurance Company Signature: • C 2--i -, Name Charles W. Seiler, Attorney -in -fact and Title: AIA DOCUMENT A312•-- 2010. The American Institute of Architects 061110 CHARLES W. SEILE* ATTORNEY IN•FAC1 GA * 414695 1 §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 when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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; .2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; §5.3 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor's Default; or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .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, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4, 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. §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .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 Section5; and .3 liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. §8 if the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced 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, successors and assigns. AlA DOCUMENT A312'-- 2010. The American Institute of Architects 2 §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 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 a declaration of 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. §12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §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 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. §14 Definitions §14.1 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. §14.2 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 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. §14.4 Owner Default. Failure of the Owner, which has not been remedied nor waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and the Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: CAUTION: You should sign ■n original AIA Contract Document. on which this text appears In RED. An original assures that changes will not be obscured. AIA DOCUMENT A312-- 2010. The American Institute of Architects Init. 3 AIA. Document A312TM - 2010 Payment Bond CONTRACTOR: (Name, legal status and address) A.D. Williams Construction Co.. Inc. 4125 Ogeechee Road Savannah, GA 31405 OWNER: (Name, legal status and address) City of Tybee Island, GA P.O. Box 2749 Tybee Island, GA 31328 CONSTRUCTION CONTRACT Date: Amount: $564,228."" Bond # 18L005476 SURETY: (Name, legal status and principal place of business): The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 Description: Asphaltic Road Paving (Name and Location) BOND Date: (Not earlier than Construction Contract Date) Amount: $564,228." Modifications to this Bond: 0 None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) A.D. Williams Construction Co., Inc. 0 See Section 18 This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner nt other party shall be considered plural where applicable. AIA Document A3I2-2010 combines two separate bonds, a Performance Bond, into one form. This is not a single combined Performance and Payment Bond. SURETY Company: (Corporate Seal) The Ohio Casualty Insurance Company Signatur Al(L Signature: C.44-1-244/ Name o f Ypri C... tai l loins Name Charles W. Seiler, Attorney -in -fact and Title: \,)1 U Q ,v,� d, a-- ]St! C • and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION AGENT or BROKER: 3Tl,ntaSr'g.51. ;f fi tone) , 1001 Whitaker taker Street OWNERS REPRESENTATIVE Savannah, GA 31401 912-544-1909 (Architect, Engineer or other party:) CHARLES At :.._ Fs ATTORNEY IN FAC1 GA 8 414595 AIA DOCUMENT A312,- - 2010• The American tnstitute of Architects Init. 4 §1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. §3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. §4. When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. §5. The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last fumished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). §5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the addressed described in Section 12). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's feed provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 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 fumishing and the Owner accepting the 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 Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA DOCUMENT A312,- - 2010. The American Institute of Architects init. 5 §10 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 the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, or give notice on behalf of, Claimants or otherwise have obligations to Claimants under this Bond. §11 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. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, 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. §13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the paged on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. §14 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 requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and the Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last fumished materials or equipment for use in the Performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim §16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. 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 afl other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. §16.3 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Construction Documents. AIA DOCUMENT A312' - 2010. The American Institute of Architects 6 !nit. §16.4 Owner Default. Failure of the Owner, which has not been remedied nor waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents. All the documents that comprise the agreement between the Owner and the Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be the Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. AIA DOCUMENT A312-- 2010• The American Institute of Architects Init. 7 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205644-016172 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is.a corporation duty organized under the laws of the State of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brian Perry; Cart R. Wise; Charles W. Seiler; Cynthia L. Trickey; David E. Paddison; Debra Johnson; Douglas L. Rieder; F. Anderson Phillips; James C. Congelfo; James N. Congeio; James R. Rauas y; John H. Earl; John W. Miller II; Margaret S. Meyers; Misty L. Haig; Nick W. Peters; Pamela K. Hays; Paul R. Baker, Richard W. Naylor, S. Lynn Sghiatti; W. Wesley Hamilton, Jr.; William H. Griffin all of the city of Atlanta state of GA each fndMdually if there be more than one named, its true and lawful attomeyin-fact to make. execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer Of official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of May , 2021 . Liberty Mutual insurance Company The Ohio Casualty Insurance Company West American Insurance Company By: f /. State of PENNSYLVANIA County of MONTGOMERY ss On this 25th day of May , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Cornmonweeen of Pemsl4nris . WW1' Sea) Uros%Pan a, Notmy Public MmirroesY tY My =mission tali=Mar29.21125 Ca+mlwbn number 1120044 Member, Perneybwria Association d Notaries By: David M. Carey, Assistant Secretary aiiLLNe44) 14414, eresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman cr the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set fodh in their respective powers of attorney. shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomeyin-tact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such rim Rations as the chairman or the president may prescribe, shall appoint such attorneys -In -fad, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deriver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shag be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 25 th day of April 20 2 By: LMs-12873 LMIC OCIC WAIC Multi Co 02/21 14`e:14141,-_ Renee C. Llewellyn, Assistant Secretary viE CS Q c� cE O Et6 om < 0 o 0 0 M p c(0 il u- o- AGREEMENT WITH THE CITY OF TYBEE ISLAND, GEORGIA FOR ASPHALTIC ROAD PAVING PROJECT THIS AGREEMENT made this day of , 2022, by and between the City of Tybee Island, Georgia, hereinafter called the "Owner" at P.O. Box 2749, Tybee Island, GA 31328, and A.D. Williams Construction Co., Inc. , hereinafter called the "Contractor", of 4125 Ogeechee Rd., Savannah, Georgia 31405. WITNESSETH: WHEREAS. the City of Tybee Island, Georgia, has heretofore solicited proposals for all material, work and improvements and for the doing of all things included within the hereinafter specified Asphaltic Road Paving more fully described in the ITB No.: 2022-764. WHEREAS. the City of Tybee Island, Georgia, did find that the Contractor was the lowest responsible, responsive and preferred offeror for the hereinafter specified Asphaltic Road Paving (hereinafter --Project"). NOW, THEREFORE, for and in consideration of their mutual promises, covenants. undertakings. and agreements. the parties hereto do hereby agree as follows: ARTICLE 1 - WORK TO BE DONE BY CONTRACTOR Contractor agrees. at its own cost and expense, to do all the work and furnish all the labor, materials, equipment, and other property necessary to satisfactorily do, construct, install, and complete all work and improvements for the Asphaltic Road Paving Project for the City of Tybee Island, Georgia (Project). all in full accordance with, and in compliance with and as required by the hereinafter specified Contract Documents for said Contract, and to do, at its own cost and expense, all other things required of the Contractor by said Contract Documents for said work. ARTICLE 111- CONTRACT DOCUMENTS The Contract Documents herein named include all of the following component parts. all of which are as fully a part of this Contract as if herein set out verbatim, subject to all stated exclusions, or, if not attached, as if hereto attached: 1. Request for Proposal RFP No. 2022-764 and any Addendum thereto 2. Contractor's Proposal including_ all attachments and addendum thereto 3. General Conditions of the Contract 4. Technical Requirements 5. Contract Drawings / Bid Plans 6. All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 7. Any and all other documents or papers included or referred to in any of the foregoing documents including all Permits 8. Any and all Addenda to the foregoing, all of which are on file with the Owner 1 A ARTICLE III - CONTRACT AMOUNT The Contractor agrees to receive and accept the following unit prices and lump sum prices as full compensation for furnishing all materials and equipment and for doing all work contemplated and embraced in this agreement, and for all loss or damage arising out of the nature of the work aforesaid. or from the action of the elements. or from any unforeseen difficulties or obstructions which may arise to be encountered in the prosecution of the work until its acceptance by the Owner. and for all risks of every description connected with the work, and for well and faithfully completing the whole and entire work and Project, in the manner and according to and in compliance with the Contract Documents as directed by the C i ty or its Engineer in accordance with these documents, and for any and all other things required by the Contract Documents. As a result of the solicitation process and the proposal of Contractor, the parties have agreed that the total amount payable under the contract for all work, equipment and materials is $564,228.00. ARTICLE IV- STARTING AND COMPLETION The Contractor shall, and agrees to, commence work for the Project no later than . 2022, and to complete filly all work required by the Contract Documents to the point of Final Acceptance by the Owner within 90 Calendar days. ARTICLE V- PAYMENT TO CONTRACTOR Owner agrees with said Contractor to employ. and does hereby employ, the said Contractor to provide the material and do all the work and do all other things herein above mentioned according to the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby contracts to pay Contractor at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the Owner and the Contractor for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE VI -INVALIDITY AND SEVERABILITY The invalidity of any provision included in any of the Contract Documents shall not be deemed to impair or affect in any manner the validity and enforceability of the remainder of the Contract Documents. and in such event. all the other provisions of the Contract Documents shall continue in full force and effect as if such invalid provision had never been included therein. Owner and Contractor agree that, in such event, the Contract Documents shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that achieves, to the maximum extent possible, the intention of the stricken provision. ARTICLE V I I -CHOICE OF LAW AND FORUM SELECTION The Contract Documents shall be construed and controlled by and under the laws of the State of Georgia without regard to conflicts of laws principles. Further, any dispute arising out of or concerning the Contract Documents. or any action or inaction performed thereunder, shall 2 4 he adjudicated in either (a) the United States Court for the Southern District of Georgia, SaNannah Ditision: or (b) the State or Superior Courts of Chatham Count), Georgia. and the parties a alt e an defenses of personal and or subject matter jurisdiction to the aforesaid t enues. IN \VI [NESS WIIERE:OF.the parties hereto hate caused this Instrument to he executed in tll o original counterparts the dat and tear first ahone ttritten. A.D. WILLIAMS CONSTRUCTION CO.. INC. (Contractor) l3. It , Res.'Jer14- \tip irn t, ana ' uh� ribs J hcrt,rt: me tl i' +�tll) -:I ,11". \I\ Con11nisNio 1 e\pi es:{j„44 ,- 7, ac.23 \t. x.0040,1 \Ise, t,, $p TAR }>•. (s i± % EXPIRES \� s d GEORGIA 'u'= Y October 7, 2023 % e -_ pt'til--C. ':cl` a� �yati co�.��''� ,,,,,,u,t,,,,,„.a,. "%ti\ ,rn tt+ and ulh' rihed this da\ of \))tars Public \!t commission e\pir •: 1 \t 1 I \RI \I 'NE \t.1 hetitre nle • ";�n... C JBLI v 4,�u,„„,110 IMPUR.1.\IN I' NO TL: If the Contras corporation. the legal name of the corporation shall he set forth ahote together IN ith a signature of the officer or officers authorized to sign Contracts on behalf ot'the corporation: if Contractor is a co -partnership. the true name of the firm shall he set forth aho%e toaether ttith the signatures ot' ail the partners: and if Contractor is an indit idual. his signature shall he placed ahot e. If signature is h) an agent other than an officer of a corporation or a member of a partnership. a potter -of' attorney must he attached hereto. Signature of Contractor shall also he acknott !edged before a Notary Public or other person authorized M loft to e\ecute such acknutt Iedgment. L. vtklWQ"`. CITY OF TYBEE ISLAND, GEORGIA (OI'lner) t3\ It's:Th ,N i OOTARy , % Janet R LeViner NOTARY PUBLIC Chatham County, GEOnr' My Commie, -;r - • CERTIFICATE TO BE EXECUTED IF CONTRA(' MR IS a CORPORATION r- t___W //,4,T,) eerti t\ that I am th ui the Corporation named as Contractor hercinahm c: that b> Resolution of the I3nard of Director, at a C ,+4a -+y meeting, held on Ap..1 /S"4" 20aa . a Resolution WAS passed Lidin`' authorit} to -31nrn.ar [�- L✓'1L 4.S to,ign the foregoing Contract on behalf of the Contractor: that said officer w.as then 9-es;l, .r of said corporation b1. authorit\ of its ggoc crning both and is 1c ithin the scope of it, corporate) powers and said pomer has not since been rooked. Date: A� , 1 a2, ac 3a (Corporate Seal) County: ;hr. .,r► State: 66t.. -5.A 1