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Home My WebLink AboutMars Construction,Inc. (2) Augusta Richmond GA DOCUMENT NAME: '('('D '(S CJJ\S-T'(U~-\\ C,r-\ \ {l c.... DOCUMENTTYPE:C(j(~~(\\- YEAR: C\ 'b BOX NUMBER: CJl\ . FILE NUMBER: \ ~'5\..\ C\ NUMBER OF PAGES: \~ .. ~ J. THE A MER CAN [ N S TIT UTE o F ARC H TEe T S AlA Document Al 0 1 Standard Form .01 Agreement Between Owner and Contractor where tbe basis of payment is a STIPULATED SUIV! 1987 EDITION THIS DOCUlltJENT HAS llv[PORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AlA Document A201, General Conditions of tbe Contract for Construction, is adopted in tbis document by reference, Do not use witb otber general conditions unless tbis document is modIfied. This document has been approved and endorsed by The Associated General Contr:1ctors of AmericJ. AGREEMENT made as of the Seventeenth day of February in the year of Nineteen Hundred and Ninety-Eight Au<':'us.,..~- \L,Crl "",o~l:> ec,'-'N1'j ~"" M \ sS I 0 ~ BETWEEN the Owner: 'Dh~ OUdra or commlssioners ~ Ri....luuvLld CuuLlLj' Augusta, Georgia 530 Greene ~treet, Room 601 Augusta, Georgia 30911 and the Contractor: Mars Construction, Inc. P.O. Box 6937 N~ Augusta, SC 29841 The Project is: W.T. Johnson Center 1610 Hunter Street Augusta, GA 30901 The Architect is: The Woodhurst Partnership 607 Fifteenth Street Augusta, GA 30901 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 195 I, 1958. 1961, 1963, 1967, 1974. 1977, @1987 by The American Insti[ute of Archi- [ects. 1735 New York Avenue. N.W" Washington, D,C. 20006. Reproduction of [he material herein or substantial quotation of its provisions without written permission of [he AlA viol:l[es [he copyright laws of [he United St:ltes :lnd will be subject [0 legal prosecution. AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AIA~ . @1987 THF "'.\tp'Qlr.l:\ft"\JC;:""''''',...,..r_r. ~n,..t...J..,..e~f!" '_"'_.'_~.n_~__'~ ..I.....U.... ..."... ."'.......~...__~. _ _ _ .. . ,. . ARTICLE 1 THE CONTRACT DOCUMENTS The Concnct Documents consist of this Agreemenc, Conditions of the Comr:l.ct (Genenl. Supplemencary md ocher Condicions). Drawings, Specific:ltions, Addenda issued prior co execucion of this Agreemenc, other documents lisced in this Agreemenc md ModifiC:lCions issued mer execution of this Agreemenc; these form the Comr:l.ct, md :l!e JS fully a part of the COOCr:l.ct JS if act:lched to this Agreemem or repe:lted herein. The COOCr:l.ct represencs the entire and integr:lCed agreemenc between che parties herem and supersedes prior negOtiacions, representations or agreo-..rnents, either wricten or onl. An enumer:l.tion of the COOCr:l.Ct Documents. ocher than Modific:lcions. appe:lrS in Arcicle 9, ARTICLE 2 THE WORK OF THIS CONTRACT The Comr:l.ctor shall execute the encire Work described in the Concr:l.CC Documents, excepc to the extenc speCifically indic:lced in the COOCr:l.Ct Documents to be the responsibility of ochers. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The d:lce of commencemenc is the date from which the Comract Time of P:l!agr:l.ph 3,2 is me:J.Sured. md shall be the wte of chis Agreemem. JS first wriccen above, unless a differenc date is scated below or provision is made for the date to be fL,,<:ed in a nOtice to proceed issued by che Owner, 3.2 The Contraccor shall achieve Subst:mcial Completion of the entire Work noc later than 135 consecutive calendar days from the date of this Agreement as first written above. The date for Substantial Completion is, therefore July 2, 1998. , subject co adjuscments of this COntr:l.ct Time JS provided in the Contracc Documents. AlA DOCUMENT A 101 . OWNER-CONTRACTOR AGaEEME..'IT . TWELFTH EDITION . ALA" . @ 1987 THE AMERIC.-u-I INSTITUTE OF .-I.RCHITECTS. 1735 NEW YORK AVENUE. N,W.. WASHINGTON, D,C. 20006 A101-1987 2 'i . ARTICLE 4 CONTRACT SUM 4.1 The Owner shill pay ehe COntr:lctOr Ln currem funds for me COntr:lctor's performmce or' the Contncr the Contncr Sum or' One Hundred Fifty-Six Thousand Six Hundred-Two and 00/100---------------------0ol!:leS ($ 156,602.00) " subjecr co :!dciieions md deduceions :IS provided in ehe Con- ener Documems. 4.2 The Conencr Sum is b:lSed upon ehe following :I.leem:ues. if my, which :lee described in ehe Contncr Documems md :lee hereby accepeed by the Owner: Tabulation of ADD Alternate~ ALTERNATE NO.1: Add restoration reconditioning and upgrading of the existing VOS/Interkal Bleachers as specified in Section 12760 - BLEACHER RESTORATION. ALTERNATE NO.2: Add the Ball Field demolition work and new ball field lighting and pole replacement as shown on the drawings. ALTERNATE NO.3: Add cast iron dounspout boots and concrete splash blocks as shown on the drawings. AlA OOCUMENT A 101 . OWNER.CONTRACTOR AGREE~IENT . TWELFTH EDITION . ALA~ . @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 :'IEW YORK AVENUE, :-l,W,. WASHINGTON, D,C. 20006 A101-1987 3 i. ARTICLE 5 PROGRESS PAYMENTS 5.1 B:lSed upon Applic:1tions for P:1ymenc submitted to [he Architect by the Contnctor and Cc:rtiiiC:lCes for P:lyment issued by the Architect, the Owner sh:lll make progress payments on account of the Contnct Swn to the Contnctor :l.S provided below and elsewhere in the Contnct Documents. 5.2 The period covered by e:1ch Applic:1tion for PJyment sh:lll be one c:llendar month ending on the last cby of the month, or :l.S fu~~: ' 5.3 Provided an Applic:ltion for Payment is received by the Architect not later than the first cbv of a month, the Owner shall make payment to the Contnctor not later than the fifteenth day of the same month. If an Applic:ltion for Payment is received by the Architect after the Jpplic:1tion date fixed above. paymenc shall be mJde by the Owner not later than days after the Architect receives the Appliotion for Payment. 5.4 Each Appliation for Payment shall be based upon the Schedule of Values submitted by the Contnctor in accordance with the COntnct Documents. The Schedule of Values shall alIocJte the entire COntnct Swn among the various porrions of the Work and be prepared in such form and supporred by such dau to subsuntiate its acCU!'Jcy :lS the Architect may require, This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's ApplicJtions for Payment. ' 5.5 Applications for Payment sh:lil indicJte the percenuge of completion of e:lch portion of the Work as of the end of the pe:iod covered by the AppliC:ltion for Paymenc. 5.6 Subject to the provisions of the Concract Documents, the amount of e:lch progress payment shall be computed as foUows: 5.6.1 Take that porrion of the ConCl'Jct Swn properly alIocJble to completed Work as determined by multiplying the percentJge completion of e:1ch portion of the Work by the share of the tocal Contnct Swn allooted to that porrion of the Work in the Schedule of Values. less ret:l.inage of ten percent ( 10 %). Pending fmal determination of COSt to the Owner of ch:lnges in the Work, amounts nOt in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum h:lS nOt yet been adjusted by Change Order: 5.6.2 .~dd that porrion of the Contract Swn properly alloc:lble [0 materiJls and equipment delivered and suitJbly stored Jt the site for subsequent incorporation in the completed construction (or. if approved in advance by the Owner. suitably stored off the site at a location agreed upon in writing), less retainage of ten percent ( 10 %); 5.6.3 Subtract the aggreg:lte of previous payments m:lde by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nuUified a Certiiic:lte for PJyment :lS provided in PJrJ- gnph 9,; of the General Conditions, 5.7 The progress payment amount determined in accordance with Paragraph ;,6 sh:lil be further modiiied under the foUowing circumstances: 5.7.1 Add. upon Substantial Completion of the Work, a sum sufficient to incre:lSe the COtal payments to ninety percenc( 90 %)oftheContr:lct Sum, less such amounts as the Architect shall determine for incomplete Work and W1Setcled claims; and 5.7.2 Add, if fmal completion of the Work is therofter materi:1lly delJyed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.1003 of the General Conditions. AlA OOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT' TWELFTH EDITION . ,~lA~ . @1987 THE ^-'oIER/CAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N,W,. WASHINGTON. D,C. 20006 A101-1987 4 ARTICLE 6 FINAL PAYMENT Final paymenr. constitucing the entire unpaid bal:lllce of the COnCl-:lCt Sum. sh:ill be made by the Owner to the Comr:lcror when (I) the Comr:lct h:1.S been fully performed by the Comr:lcror except for the Comr:lctor's responsibility to correct nonconforming Work as provided in Subpar:lgr:lph l2,2.2 of the Generai Conditions :lIld to satisfy other requirementS. if :lIlV. which necess:lrily survive final paymenr; and (2) a final Cc:ltific:lte for P::lvment has been issued bv the Architect; such tmal paymenr sh:ill be mJde by the Owner nO[ more than 30 d:1ys after the issu:lllce of the Architect's final Cc:rtiticJte for Payment. or :lS follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 'l;'l;l1ere rerererlce is made in this Agreement to a provision or the Generai Conditions or :lIlother Comract Document, the rer- e:e:1ce refers to thac provision as amended or supplemented by other provisions of the Comr:lct DocumentS, 7..2 r oAy Ul~dl..:) Juc;: ~uw UlltJ..dJ UUJ~L dl1;;. \:UlH.'iJCe Jh.1:iI b\-...u ~ul\"...I"...n :LUlll du::: LtJ.l~ tJQ.~'ffU':RC is due :it [he: ~3[C stRteS Jgelo~ t.Re: lleJc.,cc thc.c;)f. .:It thl: leg:!:! f:lte F1re"iIi:IHi~froffl tiffie co time :It t,~,,- ,.,1..",-" ,,[,,-,<:, d,.. r,ejeE:t iE lo<;;?'ed.. See Special Stipulations~ 'L.-~() r.UO 7.3 Ocher provisions: ARTICLE 8 TERMINA TJON OR SUSPENSION 8.1 The Conrr:lct may be terminaced by the Owner or the Comr:lcror as provided in Article 14 of [he General Condicions, 8.2 The Work may be suspended by the Owner as provided in Arcicle 14 of [he Generai Conditions, AlA OOCUMENT A101 . OWNER.CONTRACTOR AGREE~ENT . TWELFTH EDITION. AlA-! . @1987 THE .\.\lERIC....N INSTITliTE OF ."RCH1TECTS. 1735 NEW YORK AVENl:E. N,W,. WASHINGTON, D,C, 20006 A101-1987 5 '. ARTICLE 9 ENUMERA TION OF CONTRACT DOCUMENTS 9.1 The COntr:lct Documencs. except for Modific:1[ions issued. after execution of this Agreement, are enumer:ued JS foUows: 9.1.1 The Agreement is this executed Sund:1rd Form or Agreement Between Owner md Comr:lctor. AlA Documenc Al 0 I, 1987 Edition. 9.1.2 The General Con,ditions are the General Conditions of the COntract for Construction, AlA Docwnenc AlO 1. 1987 Edition. 9.1.3 The Supplemencary and other Conditions of the Comr:lct are those COntained. in the Project Manual ~ted December 1997 , and are as foUows: Document Title P:lges Supplemental Conditions 1 thru 10 9.1.4 The Spec:fic:ltions are those conc:tined in the Project Manual ~ted as in Subpar:lgr:J.ph 9,1,3. :md are as foUows: Section Title P:lges 01020 thru 16741 01020-1 thru 16741-36 All as listed in the Project Manual Table of Contents. / AlA DOCUMENT A 1 01 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION . AIA>ll . @ 1987 THE A.."1ERICAN INSTITUTE OF ....aCHITECTS. 1735 ;-IEW YORK AVE:-lUE, N,W" W.o\SHINGTON, D,C. 20006 A101.1987 6 '. 9.1.5 The Drawings ue :IS follows. md ue d:lCed December, 1997 unless J differem c!:lte i.s shown below: Number Title Dace TS-l Title Sheet C-l Site Plan D-l Demolition Plan A-I thru A-2 Architectural PM-l HVAC & Plans E-l thru E-4 Electrical 9.1.6 The Addenc!:l. if my, are :IS follows: Number Dace Pages Addendum No. 1 January 22, 1998 AD-l Portions of Addenda rel:ning to bidding requiremencs ue not part of the Contnct Documencs unless the bidding requiremencs ue also enumerated in this Article 9. AlA OOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT' TWELr-rH EDITION . AIA~ . @1987 THE ..lOoMER/CAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. ;-I,W,. WASHINGTON. D,C, 20006 A101-1987 7 . '. 9.: .7 Other documents. if :my, forming pm or the Concr::cr Docurnocs are JS foUows: _ (Lut b~ arr.- admtioPll2i dnt:umnrtS wiricb ant lfTtmdfti to form OGfT of tbe Contract OOC'.Jnftmts .,."., C . , <IS aautfNrs,",IMt 0" Im"tGtlon to aid. InstTUClIOlU 10 Bid4Ir! SQmolejo..-u GlUt IOe COntf'tJao " lJ.d crttf'tJi COndltlOlU PT"OIJ.dllbGt lJiddimJ 1"I!oui"","tmtS su.cb in tblS .-l!1~...t. 'i7Hy snouJd M/isllttt ~ omy If inl~ (0 iN ptVt 0/ 1M Contf'aCl 00c~';;tS.~1"I! not ptVt 0/ tbe Contract Oocummcs unitUS ,,"um"'Gted Special Stipulations This Agreement is intended by the Parties to, and does, any and all provision.s of the Georgia Prompt Pay Act, Section 13-11-1, et $eq. In the event any provision Agreement is inconsistent with any provision of the Prompt the provision of this Agreement shall control. supersede O.C.G.A. of this Pay Act, All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwi thstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant. to this Agreement and Contractor specifically waive any claim to same. ~o aLO ~~~ :~~~;e~~vis eneered inca as or ehe d.:ly md yor fil'se w:leee:l Jbove md is execueed u: ae le:I.Se ehree origin:l.l copies or which Owne~ de.! ered co ehe COntr:lceor. one co che ."'.rcr\lcecc cor use In me ac1rnlnlscr:mon or the Contncc. JrId che rem:tinde: co "1e . . r"" ~nt IPProved as ~~~l~~O~~~ ~ CONTRACTOR /l1/J~ S eoJ./~ rtftt..J~/{).u /de. f'.tJ/~ 51-. .rtun!J ' :;J;I~K L. PP/~ '" /I"S (Printed name and litle) AlA OOCUMENT A101 . OWNER-CONTiV.C70R ACREE."IE."I1' . TWEL.~ EDITION . ,~LA'" . @1987 THE .~.'olE!llC.-\.'i INSTlTUTE OF .~RC!-lITZC1'S. 1735 NEW YORK AVEI'lL=- :-{,\11.. 'XfASHII'lC70N, D.C, ~!X1Il(, --~~. . A1n1_1ClR7 8 MAR-l~-1998 10:44 THE WOODHURST PARTNERSHIP 7067221741 P.02 THE WOODHURST PARTNERSHIP ARCHITECI'URE NOTICE TO PROCEED Project: W.T. Johnson Center Contractor: Mars Construction Co. Type of Contl-ad: Stipulated Sum Amount of Contract: $156,602.00 You are hereby notified to commence work on the referenced comract on or before March 24. 1998 and shall fully complete all of the work of said contract within 135 consecutive calendar days thereafter. Your completion dare is I:berefore July 31, 19'5. Dated this 13 day of March 1998 By/fJ jJ q~ Title Proiect Manag-er ACCEPrANCE OF NOTICE . . , g Notice to Proceed is hereby acknowledged By .'. - ---- _ ~~"'C-l ." f .;, ~~~~":.. ; ~':"""'~.,...P"'S. '? :-.,.~_ .- "r ~ .~!l. ,,'" :...~ff'" ~- ~" ~~t, ._~-~ ~ 0-: . . ~; ~ .:~ ~z ~ ~ yo ._ :c~~ -~~"r:::.;- po..:-: ~;.;:_- \--~r~<'\ 'P, -~~. O'~"\ ....-.. ~"< ":i, ,:J'~':~';":~'>" "" Title POST OFFlCE BOX 1435 . AUGUSTA, GEORGIA · 706-724-4343 · FAX ~722-1741 TOTAL P. ,la2 '98 03/13 10:14 TX/RX NO.7797 P.002 ~~I Ilia L.e e-'<'\O\-- Y\eR~ .c,\~ W',~ M~~s to~S-tI~~~~ ~\\CtL\. I\c"JJe. /(",j ij 6" J< . , .. .;:.., \,.. -'"- ~ ~ ~.....- ... , : .~:'~~;/.~~~:.;~, : ........ -- - . - 0,;: i~~ :-~~~ :~.~:- ~ ~~ :'.~ - .;:; .. \.,.; . '*-.. -: ~~-'" ... ,..:/:, .'~ ....... :~;., -~ -.;< ...' ~ - ...:.-,.,;'.., \'. _....~ ....;.;.,;;",. ---... "'--' -:...:.~,--- .....,. ,~~. ~~ . -. ~ Augusta-Richmond County Recreation and Parks Department Ron Houck Planning ,& Development Manager (706) 7%-5025 Office (706) 796-4099 Fax --- Rec 76CU@AOL.COM E-mail '1;.'__' -; Sderove Selective Insurance Company of America 40 Wantage Avenue Branchville, New Jersey 07890 973-948-3000 I;: POWER OF ATTORNEY .'." KNOW ALL MEN BY THESE PRESENTS: That the Selective Insurance Company of America, a New Jersey cor,~ '" poration having its principal office in Branchville, State of New Jersey, pursuant to Article VII, Section 13 of the By- ,Laws of said Company, to wit: I.."; "The Chairman of the Board, President, any Vice Presidents or the Secretary may, from time to time, appoint attor~ neys in fact, and agents to act for and on behalf of the Company and they may give such appointee such authority, bs.., , his/her certificate of authority may prescribe, to sign with the Company's name and seal with the Company's sdl,: bonds, recognizances, contractS of indemnity and other writings obligatory in the nature of a bond, recognizance bt'"." conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the powbr and authority given him/her. ., does hereby make, constitute and appoint KARL W. KERZIC, ALICE M. SMITH >< Q., o u o c..l G: ~ _c..l U its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deea, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in the nature of a bond su&", ,ject to ~e following l~mitations: NO ONE BOND TO ~XCEED FIVE HUNDRED THOUSAND DOLL~RS (S5~O.OOO.oO) I c,;' and to bmd the Selective Insurance Company of AmerIca thereby as fully and to the same extent as if such mstrumen~', were signed by the duly authorized officers of the Selective Insurance Company of America, and all the acts of said. Attorney are hereby ratified and confirmed. ,.;.. " IN WITNESS WHEREOF, the Selective ,Insurance Company of America has caused these presents to be signe~h by its Vice President and its corporate seal to the hereto affixed this 22ND day of ' AUGUST ,19 97 BY: State of New Jersey County of Sussex On this 22ND day of AUGUST 19 97 ,1," (~g~~~~'lll1ll.""~_.^~;;~~~~~1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ari son-Kerzi c, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P .. O. Box 211110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2601 Commons Blvd. (30909) COMPANIES AFFORDING COVERAGE Augusta, GA 30917-1110 COMPANY *Auto Owners Insurance Co. Attn: Pam Hunter Ext: A INSURED Mars Construction Inc P.o. Box 6937 N Augusta, SC 29841 COMPANY B COMPANY C COMPANY D :7g~~m'fg:2:~:~+;~::~g~f4Ag;~'8dbi~~':~~::;~:~'~';J~~'~::C;~+:~'b:::~:~tbW' HA\j~:~~:~~:I~~'G~:~:::~~'::;~:~.:I~;'~'~~:~':'~~~:;~:'~g60i~6~ tHE'P6t';6:~'~:~:~i6:b':' "" INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH 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, CO: LTR: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE: POLICY EXPIRATION' DATE (MMlDDNY) , DATE (MMlDDNY) LIMITS CLAIMS MADE X OCCUR 4836637396 OWNER'S & CONTRACTOR'S PROT : 09/18/1997 09/18/1998 :, ,~~,N,E,~~ ~~~,~~~~ :r~"""",:, ,~""""'" ~,' .9.99 ,!, 9.9.9, PRODUCTS - COMP/OP AGG : $ 1,000,000 :, ~,E,R.S.?~~,L,~, ~~~, !~~~~,:,"" ,:,,~ ..",.., )" / 99. 9..,,'9 9.9., EACH OCCURRENCE : $ 1,000,000 : FIRE DA~~~,E,(~~y',o~~,fir~),..:..$ ..................5..0.,1,99.9, , MED EXP (Anyone person) '$ 5 , 000 A : AUTOMOBILE LIABILITY : X 'ANY AUTO , ALL OWNED AUTOS : SCHEDULED AUTOS 9430518200 A :..~..! HIRED AUTOS , X : NON-OWNED AUTOS , , . ........ ..................................................... GARAGE LIABILITY ANY AUTO "6~:~~~~'~:;6'61:~7-,,:::::~:!:::::::::!:!:!::!:::i::,:::':'::':':::'::':'" EACH ACCIDENT'S AGGREGATE: S EXCESS LIABILITY A UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 48369789 :, ,~,c.~ ,?~,C.u.~~,~,~~~ "".."", ,:" ~........ ..,~",99.9, !,999.. 09/18/1997 09/18/1998 AGGREGATE : S $ A THE PROPRIETOR! PARTNERs/EXECUTIVE OFFICERS ARE: OTHER INCL 48403638 09/18/1997 09/18/1998 : TORY LIMITS ' ER{,.:::.,::::::::::::;:;:;:;:::;.:,;,;,;,;:;:;;:;:::;:::;:::::'::':" .., EL EACH ,~C.C.I~~,N,T"""",..", j" ~"""",)!,.o..o. 9, !..Q.o..o., EL DISEASE - POLICY LIMIT $ 1,000,000 EL DISEASE - EA EMPLOYEE, $ 1,000,000 EXCL DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS e: W T Johnson Center, 1610 Hunter Street, Augusta, GA 30901 Augusta-Richmond County Commission 530 Greene Street Augusta, GA 3091i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -1L DAYS WRITTEN OTICE TO THE CERTIFIC TE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL S H NOTICE SHALL IMPO NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE C AUTHORIZED REPRESENTATI ':ti7gl:R:~f~::J~:ffi~f:::::::::::::::::::::::I::::::::::::::::::::::::,::::::,:,:,:,:::,:,:::::::::::::::,::::::::::::::::"':,:,:::::::,:::,:,:,':',:,::!::,:::::,:,:::::::,::!::':::::!::::::::::::::::::::::::::::::::::::::::::::::::::::::J:j:j:,;::!!,!"t:";I:,,::~,j::f'[:~:,:j:::::::::::::!::':tj'I:::::::::!::::::::::::::::it: ~ S INsURANCE e eawe Selective Insurance Company of America Selective Way InsJ,Jrance Company 40 Wantage Avenue Branchville, New Jersey 07890 201-948-3000 PERFORMANCE BOND The American Institute of Architects, AlA Document No, A311 (February, 1970 Edition) Bond No, B 7088] 3 KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Mars Construction, Inc., POBox 6937, North Augusta, SC 29841 as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) Selective Insurance Company of America, 40 Wantage Ave., Branchville, NJ 07890 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Augusta-Richmond County Commission, 530 Greene St, R~om 601, Augusta, GA 30901 as Obligee, hereinafter called Owner, in the amount of One Hundred Fifty Six Thousand Six Hundred Two Dollars and 00/100----------- Dollars ($ 156,602.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Mars Construction, Inc. Contractor has by written agreement dated February 17 19 98 , entered into a contract with Owner for W T Johnson Center, 1610 Hunter St., Augusta, GA 30901 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) The Woodhurst Partnership, 607 Fifteenth St., Augusta, GA 30901 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner, Whenever Contractor shall be, and declared by owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly I) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work Signed and sealed this 16th VamL l~dL (Witness) B-2] 3 (4/89) 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 e.xceeding, including other costs and damges for which the Surety may be liable hereunder, the amount set forth in the first paragraph, hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount 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, .or-.'\ 7' ~, ~"'\. 4 ".' "'- No right of action shall accrue on this bond to-oi....for-tl1e.i.is:e.of any person or corporation other than the Owner named.I1~~;'i~ ill~he 'heirs; executors, """ .... ' administrators or successors of t e Owner, ..;;: j -::-' ~:.' : day of ''''''': ~'..F:' 19 91( ..;.... -: c .;,..... -~"'--:---" -..:P.. :.... "'-.. ~::- ""' ,.,""' ;' { (Seal) ....- ....--. . (Seal) President { Karl W. JT~~15)' S~ Selective Insurance Company of America Selective Way Insurance Company 40 Wantage Avenue Branchville, New Jersey 07890 201-948-3000 LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AlA Document No. A311 (February, 1970 Edition) THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Mars Construction Inc, POBox 6937, North Augusta, SC 29841 Bond No, B708813 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) Selective Insurance Company of America, 40 Wantage Ave., Branchville, NJ 07890 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert. full name and address or legal title of Owner) Augusta-Richmond County Commission, 530 Greene St., Room 601, Augusta, GA 30901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Fifty Six Thousand Six Hundred Two Dollars and 00/100----------- Dollars ($ 156,,602.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jOintly and severally, firmly by these presents, WHEREAS, Mars Construction, Inc. Principal has by written agreement dated February 17 1998, entered into a contract with Owner for W.T. Johnson Center, 1610 Hunter St, Augusta, GA .30901 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) The Woodhurst Partnership, 607 Fifteenth St., Augusta, GA 30901 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 Principal shall promptly make payment to all claimants as hereinafter defin, ed, for all labor and material used or reasonably required for 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: l. A claimant is defined as one having a direct contract with the Prin- cipal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2, The above named Principal and Surety hereby jOintly and several- ly agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final 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 ex- penses 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 Principal, shall have given written notice to any two of the following: the Signed and sealed this 16th ~ /J.mj-.<JL (Witness) ~~~ ( "~S) B-2]3 (4/89) Principal, 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 ac- curacy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work 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 the Principal, Owner or Surety, at any place where an office is 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 (I) year following the date on which Prin- cipal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the con- struction hereof such limitatio 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 ~itent of any payment or payments made in good faith hereunder,:i112IYsive'of th_eO payment by Surety of mechanics' liens which may be fileq:QfJe.,!;,o(cl-againsr said im- provement, whether or not claim for the amoum..:.o!s~~h lien ;be presented under and against this bond, .,=- :~, ,"$: ';.. .. :_~ \~- ..:;,.;' 19 ~_9,8 ~, .- A_~"::;" 0 > . { (Seal) (Seal) President { Karl W. 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