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Home My WebLink AboutL J INC AGREEMENT SECTION A AGREEMENT THIS AGREEMENT, made this -, day of o-r~, /)__bvi . byand between Augusta Georgia, a political subdivision of the State of Georgia, hereinafter called "Owner" and L-J Inc. doing business as a corporation hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned the sufficiency which is hereby acknowledged, the parties agree to as follows: 1. The Contractor will commence replacing the defective sidewalks according to the attached list. The sidewalks must be constructed in accordance to GDOT code All work is to be in accordance with in accordance with the specifications included if) RFB# and related documents as listed in item 5 below. 2. The Contractor shall provide all labor, material, parts, engineering, licensing and certifications required by any applicable regulation. Furthermore, the Contractor will furnish all drawings, product data, material, supplies, tools, equipment, labor, traffic control and other services necessary for the construction and completion of the project described herein. 3. The Contractor will commence the work required by the Contract Documents within Thirty (30) calendar days after the date of the Notice of Award and will complete the work within One-hundred twenty (120) calendar days unless the period of completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all the work described in the Contract Documents for the sum of Ninety Seven Thousand, Nine Hundred $97 .900 ). 3 5. The term "Contract Documents" means and includes the following: Advertisement for Bids Bid Bond Performance/Payment Bonds Change Order Request for Bids #_ Notice of Award Certificate of Owner's Attorney General Conditions Bid Agreement Notice to Proceed duly authorized officials, this Agreement in Five (5) counterparts, each of which shall be deemed an original on the date first above written. OWNER: AUGUSTA, GEORGIA ATTEST: BY: ~~ r-- Deke Copenhaver (Mayor) CONTRACTOR: . L - ;t; I Nt.. BY:~~dg~ NAME: tZltJ.fAltl) a.OOOWl/v (Type or Print) TITLE: VI Cc. (J/L~s I oelV1 ADDRESS: '2-'2-0 ~r",Jee.,j)6.~ D/2.Iv6 j 'Sl-tI1:G 4'OtG" ~L",MPJ\A I Sc. 't4z 10 &\~ ~\ .\,;'", ";,. ~ , ( .; ,.~ ~: NAME: ,:. ".,., 4 Y;' ~:':";~'~l_'..~,-...._ ~'" 'J !! ~ ..<!L EST. ." f/ -. 19% .. p Lena Bonn J (Cjsel'k~........ ; \oi~~~GeORG\!\. _..- 1t'\\,,"Q.'~"- ATTEST: ---- L (SEAL) ~ " NAME: 'VAVJD N. :!o(iDA,J (Type or Print) TITLE: ~6:Uie1At-1 ~. ..../ . ;" '\ 4 SECTION ea PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7-8, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: ,. GJ;'eat American T . . . h . ft lied C .InSlJrancji Company hat L-3, rnc. . , as Principal, erelna er ca ontraCl:or, ana a corporation organized and existing under the laws of the State of Ohio I with its principal office in the City of Cincinnati , State of Ohio ,as S,urety, hereinafter called Surety, are held and firmly .bound unto AUQUsta, Georgia, as Obligee, hereinafter called the GINner, in the Nlnety-Seven Thousand, penal amount of Nine Hundred-- Dollars ($ 97,900.00 ) for the' payment whereof Contractor and Surety bind themselves, their heirs, executors, admini~trators, successors, and assigns. jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. . i WHEREAS, Contractor has by said written agreement dated . October 7, 2008 entered into a contract with Owner for the construction of Sidewalks accordina to fhe~attached list. Augusta, Georgia, in accordance with the specifications issued by the Richmond County Public Works and Engineering Department. which contract is by reference made a part hereof, arid is hereinafter referred to as the CONTRACT. - NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner havIng performed Owner's obligations thereunder. the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRJ\CT in accordance with its terms and conditions, or, (2) Obtain a bid'or bids for completing the Contract in accordance with its tennsand conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, Llpon detennination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contrad between such bidder and Owner, and make available as Work progresses (even though there should be a default or a: succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set' forth in the. first paragraph hereof. The term "balance of the contract price, It as used in this paragraph, shall mean the total amount payable by' Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. ' 08-163 Def1oc.tlve Sidewalks Page 19 of 47 . No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 22nd dayof October J 2008 'Witness . ~~ 7 - f L,j INC. ~ (Seal) (Contractor) -------. -~ BY~~~'- etLMMI) &OODW"", V,U (Jttesl()Gft"( (Seal) - Attest' \ OM 1(/ 1J, ~o/l-D/tN I ~~ (T~le) Witness l{)f)AAJLJGreat American Insurance Company (Seal) (Surety) (Seal) Attorney-in-Fact Attest (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. 08.163 Defective SidewalkS Page 200i 47 ~ECTlQ~ LM~~ LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGES 5-6, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: Gre'ilt American Insurance Company That L-J ~ Ine. , as Principal, hereinafter called Contractor, and , a corporation organized and existing under the laws of the State of Ohio , with its principal office in the City of Cincinna ti . State of Ohio , as Surety, hereinafter called Surety, are held and finnly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of ** Dollars ($ 97. 900.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and as~igns, jointly and severaUy, firmly by these presents. ** Ninety-Seven Thousand, Nine Hundred and No/IOO WHEREAS, Contractor has, by written agreement dated, Oc to ber 7, 20Qantered into a contract with Own~r for the construction of ~id.ewa.lks aGcC!.rdJn~ ~p the attachedJist, in accordance with specifications issued by the Richmond County Public Services Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall. promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1.) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor af the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contrac~ labor and material being construed as to include that part of water, gas, power, fight, heat, oil, gasoline. telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimanfs work or labor was done or perfonned, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have executIon thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by' any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shalf have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or ror 'Nhom the worle or labor was done or performed. Such notice Shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to 08-183 Defective Sidewalks Page 21 ct 47 the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that If any limitation embodied in this bond is prohibited by any law controlling the'bonstruction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) \ The amount of this bond shall be reduced by and to the extent of any pa:ym,ent or J payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvemen:4 whether or not claim for the amount of . such Hen be presented under and against this bond. Signed and sealed this 22nd 'day of October Wful... ~/h.~ (Contractor) ~ I 2008 Attest --- ~ (Title) 17Avlt> N, jOJZi>ANI~A~ L.<J/ / Ale. 6yYijJJ~ , (2.tC.UA4A) QOODWIN, Vta (Seal) (S$al) M.€~toeNf , ' W~n..s 9:1f~~wU.f' ~l!t2 Attest ~ (Title) J Great American Insurance Com~<fSeal) By La {Seal) AttorneY-ln-Fact Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. OS,163 Dr!fecl:ive Sidewalks Page 2:2 of 47 e e e GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET . CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 16226 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney- in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address BOTH OF COLUMBIA, SOUTH CAROLINA Limit of Power BOTH $75,000,000 C. CRISS WILLIAMS, JR. LAURA W. DENNISON This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25th day of April , 2006 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this 25th day of April, 2006 ,before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn. deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company. as surety, any and all bonds, undertakings and contracts (!fsuretyship, or other written obligations in the nature there(!f; to prescribe their respective duties and the respective limits (!ftheir authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature (if any (!f the aforesaid (!fficers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate (!f either given for the execution (!f any bond, undertaking. contract or suretyship, or other written obligation in the nature thereof. such signature and seal when so used being hereby adopted by the Company as the original signature (!f such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affIXed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 22nd day of October 2008 S1029U (4-04) ~ Section 00699 Certificate Of Owner's Attorney /~l . I, the undersigned, Li1h representative of Augusta- ichmond County, do hereby certify as follows: I the duly authorized and acting legal I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date: I d.-I 0 / () r I I (J1fj'~ , t ,. ? ~ END OF SECTION .f J I , , t 'r l j . i . ~ . . ! J t 02/13/08 G003-106\XC00699 I j II i r; . Client#: 123682 LJINC1 ACORDrM CERTIFICATE OF LIABILITY INSURANCE DATe (MMlDD1YYYY) 10/27/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Wachovia Insurance Serv-CO, SC 1426 Main St., 17th FL (2~201) P.O. Box 386 Columbia, SC 29202 L-J, Inc. 220 Stoneridge Dr., Suite 405 Columbia, SC 29210 INSURERS AFFORDING COVERAGE INSURER A: Amerisure Mutual Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: NAIC# INSURED COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER ~A~~ri~~g,w,E ~~fl,~J',h~~N LIMITS A ~NERAL LIABILITY CPP20200040030008 05/01/08 05/01/09 EACH OCCURRENCE $1 000 000 X COMMERCIAl GENERAL LIABILITY DAMAGE TO RENTED $500 000 I CLAIMS MADE [!] OCCU~ MED EXP (Anyone person) $10000 - PERSONAl & ADV INJURY $1 000 000 - GENERAL AGGREGATe $2 000 000 ~'L AGGREn LIMIT APnS PER: PRODUCTS - COMP/OP AGG $2 000 000 POLICY ~~T LOC A ~OMOBILE UABIUTY CA2020039 05/01/08 05/01/09 COMBINED SINGLE LIMIT K.. i'JolY AUTO (Ea accident) $1,000,000 - AlL OWNED AUTOS. BODILY INJURY (Per person) $ - SCHEDULED AUTOS K.. HIRED AUTOS BODILY INJURY $ K.. NON-OWNED AUTOS (Per accident) .!.. Drive Other Car PROPERTY DAMAGE (Per accident) $ RRAGE LIABIUTY AUTO ONLY - EA ACCIDENT $ i'JolY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSlUMBRELLA LIABIUTY CU2020041 05/01/08 05/01/09 EACH OCCURRENCE $10 000 000 ~. OCCUR 0 CLAIMS MADE AGGREGATE $10.000.000 $ ~ DEDUCTIBLE $ X RETENTION $0 $ A WORKERS COMPENSATION AND WC202004200 05/01/08 05/01/09 X I T~~~:~"W;' I IO,lli- EMPLOYERS' LlABIUTY $500,000 i'JolY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? . E.L. DISEASE - EA EMPLOYEE $500 000 If yes, describe under E.L DISEASE - POLICY LIMIT $500,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Defective Sidewalks Bid Item # 08-163 Certificate Holder is included as Additional Insured as respects General Liability coverage, but only as required by written contract with the (See Attached Descriptions) CERTIFICATE HOLDER City of Augusta, GA 530 Greene Street Augusta, GA 30901 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ....3Q.... DAYS WRITTEN NOncE TO THE CERTIFICATe HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 3 #M1352985 II ADR01 @ ACORD CORPORATION 1988 _ t IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 3 #M1352985 .. ... . . DESCRIPTIONS (Continued from Page 1) Named Insured. ~ AMS 25.3 (2001/08) 3 of3 #M1352985