Award Letter _ Viking Industrial Painting LLC.pdf

Via Email Only December 6, 2023

Mr. Dominic Pedersen email: bids@viptanks.com Viking Industrial Painting LLC P.O. Box 24162 Omaha, Nebraska 68124

RE: Project No. GDC-24-DODGE-SP-005, Dodge State Prison Water Tower Repairs, AWARD LETTER

Dear Mr. Pedersen:

The Georgia State Financing and Investment Commission (GSFIC), on behalf of the Georgia Department of Corrections (Owner), is pleased to inform you that Viking Industrial Painting LLC has been selected to enter into contract negotiations for the above-mentioned project, based on your proposal dated November 29, 2023. GSFIC has accepted your base bid amount of $758,200.00.

In addition to this award notice, enclosed is an electronic copy of the Construction Contract that must be executed by your company. Please print two (2) copies of the Construction Contract, sign and return both copies with all required documents (see below) to the GSFIC Procurement Division, 270 Washington Street, 2nd Floor, Atlanta, Georgia 30334. After we have received all required documents, the agreement will be fully executed and an original will be returned to you for your records.

Please note that the contractor must furnish a final and complete list of subcontractors to the Owner.

It should be remarked that no work may be done on the site by any subcontractor until you have furnished us with a certificate certifying that the subcontractor in question has Workers' Compensation insurance in the legal limits and that, if such coverage should not be in force for any reason, the contractor's workers' compensation insurance applies to the employees of his subcontractor.

mailto:bids@viptanks.com

Pursuant to Bid Requirements, Paragraph No. 12, your firm “…agrees to execute within ten (10) business days, a contract … for the Work for the above stated compensation and at the same time to furnish and deliver a Performance Bond and a Payment Bond …both in an amount equal to 100% of the Contract Sum.” Furthermore, please provide a Certificate of Liability Insurance as specified in the bidding documents and list the Georgia Department of Corrections as the Owner on the insurance certificate and the bonds.

Also, to assure proper and prompt payment, submit IRS Form No. W-9. This form may be downloaded from www.irs.gov.

We look forward to hearing from your company within ten (10) business days. If you have any questions, please feel free to contact me at (404) 463-5731.

Sincerely, Mendi C Boddie Mendi C Boddie Senior Contracts Specialist c: Courtney Banks, Georgia Department of Corrections Doreen Eidmann, Georgia Department of Corrections

File Copy Pending File - (Suspend 10 days)

Enclosures/Attachments:

#1. Construction Contract Agreement #2. Performance Bond #3. Payment Bond http://www.irs.gov/

S.C.A.R. (6/16/2020) Forms – Payment Bond

STATUTORY PAYMENT BOND

That (Legal Name and Address of Contractor) as Principal (hereinafter referred to as the "Principal") and (Legal Title and Address of Surety) as Surety (hereinafter referred to as “Surety”), are held and firmly bound unto the Georgia Department of Corrections as Obligee (hereinafter referred to as "Owner") for the use and benefit of all subcontractors and all persons supplying labor, materials, machinery, or equipment to the Principal or a subcontractor for the Project (as hereinafter defined), in the amount of DOLLARS ($ ) to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written agreement with the Owner dated, _______________ (hereinafter the “Contract”) for construction of a project known as ________________________________ (hereinafter the “Project”), and such Contract is incorporated herein by reference;

NOW, THEREFORE, the conditions of this obligation are as follows:

1. If the Principal shall promptly pay in full every subcontractor and all persons supplying labor, materials, machinery, or equipment to the Principal or a subcontractor for the Project, then this obligation shall be void; otherwise it shall remain in full force and effect.

2. This Payment Bond is governed by the laws of the State of Georgia, is furnished in accordance with O.C.G.A. §§ 13-10-60 et seq., shall be subject to increase in the penal sum of the bond pursuant to such statute and the provisions of the Contract, and is construed in accordance with applicable statutes.

3. The Surety hereby waives notice of any and all modifications, amendments, changes, deletions, additions, or alterations to the Contract, and agrees that the obligations arising under this Bond shall not be impaired in any manner by any reason of any such modifications, amendments, changes, deletions, additions, or alterations.

4. Every subcontractor or person who has not been paid in full for supplying labor, materials, machinery, or equipment to the Principal or a subcontractor for the Project before the expiration of a period of ninety

(90) days after the day on which the last of the labor was done or performed by such person, or the material or machinery or equipment was furnished or supplied by such person for which claim is made, shall have the right to bring an action on this Payment Bond for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person, subject to the requirements of O.C.G.A. §§ 13-10-63.

5. The Contractor and Surety agree that the Owner may make inquiries at any time of any subcontractor, laborer, materialman, or any other party concerning the status of payments for labor, materials, machinery, or equipment furnished to or for the Project.

6. For the purposes of this bond, notice shall be sent to the Surety at the following address:

Name:

Address:

City: State: Zip Code:

Forms – Payment Bond

SIGNED AND SEALED THIS DAY OF , 20 .

ATTEST (Name of Contractor)

By) (Seal) Secretary (Note 1) President

(Seal) (Name of Surety) (Note 2)

By (Seal) (Title) Resident Georgia Agent *

Note 1. Please apply seal of Corporation over Secretary’s Signature. Otherwise “(Seal)” shall constitute such seal.

Note 2. Please apply seal of Surety. Otherwise “(Seal)” shall constitute such seal. Arrange for countersignature by a “Resident Georgia Agent” of Surety in order to comply with surety regulations of Georgia.

(*) Attach Power of Attorney

Forms – Performance Bond

STATUTORY PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That (Legal Name and Address of Contractor) , as principal (hereinafter called the "Principal"), and (Legal Title and Address of Surety), as surety (hereinafter called the "Surety"), are held and firmly bound unto the Georgia Department of Corrections as Obligee (hereinafter called the "Owner"), in the amount of DOLLARS ($ ), the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written agreement with the Owner dated, _______________ (hereinafter the “Contract”) for construction of a project known as _______________________________ (hereinafter the “Project”), and such Contract is incorporated herein by reference;

NOW THEREFORE, the conditions of this obligation are as follows:

1. If the Principal shall completely and promptly perform each and all of the requirements of the Contract, including any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made; and if the Principal and the Surety shall indemnify and hold harmless the Owner from any and all losses, liability, damages, claims judgements, liens, costs, and fees of every description, arising from the Project or under the Contract, whether imposed by law or equity, which may be caused by the failure or default of the Principal in the performance of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void;

otherwise this obligation shall remain in full force and effect.

2. In the event of the failure of performance of the Contract by the Principal, which shall include, but is not limited to, any breach or default of the Contract, the Surety, upon demand by the Owner, shall undertake and complete such required performance and cure any breach or default of the Contract. The Surety shall not assert any action or inaction of the Principal as justification for the Surety’s failure to timely perform the obligations of this Bond.

a. The Surety shall commence performance of its obligations and undertakings hereunder no later than thirty (30) days after receiving notice of the Principal’s failure of performance. If the Surety fails to commence performance as required herein within such period of time, or if the Surety otherwise breaches its obligations to the Owner under this Bond and the Contract, the Surety shall be liable to the Owner for Owner’s actual damages, including but not limited to all costs of litigation and attorneys’ fees, plus any penalties as may be provided by law.

b. The means, methods, or procedure by which the Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the Owner, such approval shall not be unreasonably withheld.

c. If the Surety fails or refuses to perform as provided above, or if the Owner and the Surety cannot agree as to the means, methods, or procedure of performance by the Surety, the Owner shall have the right, through itself or others, to do all or any part of the remaining work to be performed by the Principal, and without limiting its other obligations hereunder, the Surety shall pay the Owner any losses or damages resulting therefrom.

3. The Surety hereby waives notice of any and all modifications, amendments, changes, deletions, additions, or alterations to the Contract, and agrees that the obligations arising under this Bond shall not be impaired in any manner by any reason of any such modifications, amendments, changes, deletions, additions, or alterations. The obligations arising under this Bond shall not be impaired by the Owner’s performance of any work on the Project.

4. The Surety shall not assign or delegate any rights or obligations under this Bond without the written consent of the Owner, such consent shall not be unreasonably withheld.

5. The Surety agrees that the Owner may make inquiries at any time of any subcontractor, laborer, materialman, or any other party concerning the status of payments for labor, materials, or services furnished to or for the Project.

6. 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 legal successors of Owner.

Forms – Performance Bond

7. For the purposes of this bond, notice shall be sent to the Surety at the following address:

Name:

Address:

City: State: Zip Code:

8. This Performance Bond shall be governed by the laws of the State of Georgia, is furnished in accordance with O.C.G.A. §§ 13-10-40, and shall be subject to increase in the penal amount of the bond pursuant to such statute and the provisions of the Contract.

SIGNED AND SEALED THIS DAY OF , 20 .

ATTEST (Seal) (Name of Contractor)

By Secretary (Note 1) President

(Seal) (Name of Surety) (Note 2)

By: (Title) Resident Georgia Agent *

Note 1. Please apply seal of Corporation over Secretary’s Signature.

Note 2. Please apply seal of Surety and arrange for countersignature by a “Resident Georgia Agent” of Surety in order to comply with surety regulations of Georgia.

(*) Attach Power of Attorney