HomeMy WebLinkAboutEisenhower Park Improvements
Augusta Richmond GA
DOCUMENT NAME: E 1 'S € /\J I-{ 0 W 8f<,.. P A aRT tot' f"'o V ~ f"n ed'll S
DOCUMENT TYPE: COf\,JT(<Ac:r
YEAR: , q 9 <6
BOX NUMBER: G
FILE NUMBER: \"3 ~s 7
NUMBER OF PAGES: I ~
NOTICE TO PROCEED
Dated: October 8, 1998
TO: Mabus Brothers
ADDRESS: 920 Molly Pond Road. Augusta. Georgia 30901
OWNER'S PROJECT NO.
PROJECT: Eisenhower Park Improvements
OWNER'S CONTRACT NO.
CONTHACT FOR: Demolition and reconstruction of a four (4) ballfield facility. including one
(1) new scoring tower. parking areas and landscaping
You are notified that the Contract Time under the above contract will commence to run
on Monday. October 19 , 1998. By that date, you are to start performing your obligations
under the Contract Documents. In accordance with the Agreement the date of Final
Completion is Saturday. April 17 , 1999.
Before you may start any Work at the site, paragraph 2.7 of the Genral Conditions
provides that you and Owner must each deliver to the other (with copies to ENGINEER)
certificates of insurance which each is required to purchase and maintain in accordance with
the Contract Documents.
Also before you may start any Work at the site, you must
1. Contractor shall contact all necessary utilities before commencing work:
2. Contractor shall obtain all necessary permits prior to commencing work:
3. Contractor shall contact Mr. Tom Beck. Director. Augusta-Richmond Co. Parks &
Recreation. and W. R. Toole Engineers. Inc. 24 hours prior to commencing work.
Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested
~1Zi.X.Stb3u--LJ.Q.~~ 'JaqIM~.G1~
(Owner) . \ . Af'I
BY CO~L
(AuthOrized Signature)
~~Y:c:.1 rl4N{)~"~~
(Titl )
EJCDC 1910-23 (1983 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of
America. '
I
.
.
W. R. TOOLE ENGINEERS, INC.
Post Office Box 600
Augusta, Georgia 30903
(706) 722-411. 4
LETTER OF TRANSMITTAL
DATE:
JOB NO:
RE:
October 9, 1998
#98033
Eisenhower Baseball Park
TO: Mr. Ron Houck
Augusta - Richmond County Parks and Recreation
HAND DELIVERED
WE ARE SENDING YOU XAttached Under separate cover:
COPIES DATE NO, DESCRIPTION
1 Signed Contracts
THESE ARE TRANSMITTED as checked below:
FOR APPROVAL
APPROVED AS SUBMITTED
RESUBMIT_COPIES FOR APPROVAL
X FOR YOUR USE APPROVED AS NOTED
AS REQUESTED RETURNED FOR CORRECTIONS
FOR REVIEW AND COMMENT
PRINTS RETURNED AFTER LOAN TO US
SUBMIT
RETURN
COPIES FOR DISTRIBUTION
CORRECTED PRINTS
FOR EXECUTION BY OWNER
REMARKS:
COPY TO:
SIGNFD CJr;r1 D ~ IJyfJ
/lR.,
...;." .
.i
,- ~.-,-i..~
AGREEMENT
THIS AGREEMENT, made this 23fd day of September ,19~, by and between the
Augusta-Richmond County Commission, hereinafter called "OWNER" and Mabus Brothers
Construction Company. Inc. doing business as (an individual) or (a partnership) or (a
corporation) hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements as hereinafter
mentioned:
1. The Contractor will commence and complete construction for Eisenhower Park Improvements.
2. The Contractor will furnish all material, supplies, tools, equipment, labor 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 ten (10)
calendar days after the date of the Notice to Proceed and will complete same within_ 180
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 One million two hundred sixty-six thousand. seven hundred thirty & 001100
($1.266.730.00)
5. The term "Contract Documents" means and includes the following:
(a) Invitation for Bids
(b) Information for Bidders
( c) Proposal
(d) Bid Bond
(e) Agreement
(f) General Conditions
(g) Supplemental Conditions
(h) Payment Bond
(i) Performance Bond
(j) Drawings Prepared by Owner
(k) Technical Specifications
(1) Addenda: No. ...L, dated September 1 , 19..28-.
No. ~, dated September 2 , 19..28-.
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6. The Owner will pay to the Contractor in the manner and at such times as set forth in the
General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement in~ (number of copies) each of which shall be deemed
an original on the date first above written.
OWNER:
BY:
......,. :j r..~ 7 r:.~
(SEAL)
( y e or Print)
TITLE: ~Qt.
This docUf1ltnl appmed as .. . '\
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ale
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NAME\1~~trit~~~H/f?:t;
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TITLE drlf~-*'~-
CONTRACTOR:
Mabus Brothers Construction Company. Inc.
BY: /~ft?- ?//fis
NAME: /a./nH1 y /71/-1,(3 ec-J ~5
(Type or Print)
,\
(SEAL)
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ADDRESS: 920 Molly Pond Road
.;.;. ~
NAME
,,9If'I2V ~~LS B V
(Type or Print) /
"5:~C-
Augusta. Georgia 30901
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AlA Document A3l2
Performance Bond
115103084256
Conforms with the American Institute of Architects, AlA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co, Inc
920 Molly Pond RD, Augusta, GA 30901
OWNER (Name and Address):
Augusta-Richmond County Commission
530 Gre.ene St, Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount: $1,266,730.00
Description (Name and Location): Eisenhower Park Improvements
BOND
Date (Not earlier than Construction Contract Date):
Amount: $1,266,730.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:,/ (Corporate Seal)
Mabus Brothers Construction Co, Inc
~:::~Titl,:c!7 ~~ V.V; ~
(Any additional signatures appear on page r;
(FOR INFORMA nON ONLY - Name, Address and
Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc
3333 Cumberland Circle NW, Suite 500, Atlanta, GA 30339
7706182082
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance 'of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1,
3 If there is no Owner Default, the Surety's obligation under this Bond
shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and
the Surety agree, the Contractor shall be allowed a reasonable time to
SURETY 5026 (6-92)
S-18521GEEF2I98
Page 1 of 2
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
~ None
o See P.~ge ~
.::-2~
~..(C0rp()f.ate S.ea:lY,=
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SURETY
Company: Travelers Casualty
and Surety Company of America
::~
Signature: ;-/ ~~ ~j
Name and Title: W. G. Van Buskirk, Attorney;:in Facf'"':::"'/
.~~~~
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
perform the Construction Contract, but such ;m agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3" The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the
Construction 'Contract in accordance with the terms of the
contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
'i _ J I
-'4.1 Arrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to th(~ Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be
prepared for execution by the Owner and the contractor selected with
the Owner's concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the bonds issued on
the Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 6 in excess of the Balance of the
Contract Price incurred by the Owner resulting from the Contractor's
default; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it
may be liable to the Owner and, as soon as practicable
after the amount is determined, tender payment therefor to
the Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days aft~:r receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4, and the Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
MODIFICA nONS TO THIS BOND ARE AS FOLLOWS:
7 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 or successors. '
8 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. .
~ Any proceeding, legal or equitable, under this Bond may be instituted
m 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
Contr.ac~or Default or within two years after the Contractor ceased working
or wlthm 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.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to be
performed,. any provision in this Bond conflicting with said statutory or
legal reqUirement deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein.
The intent is that this Bond shall be construed as a statutory bond and not
as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has
neither been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(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:
Signature:
Name and Title:
Address:
S-1852/GEEF 2/98
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
~
;;
AlA Document A3 J 2
11 S 103084256
Payment
Conforms with the American Institute of Architects, AlA Document A3l2.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
....
Bond
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co, Inc
920 Molly Pond Rd, Augusta, GA 30901
OWNER (Name and Address):
Augusta-Richmond County Commission
531 Gre~ne St, Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount: $1,266,730.00
Description (Name and Location): Eisenhower Park Improvements
BOND
Date( Not earlier than Construction Contract Date):
Amount: $1,266,730.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Mabus Brothersco~st;5ion Co, Ine
S'gnat",' ,~~ ~ t, ~
Name and Title: ',(,.A~/iy 0ooLS13V V. P.
(Any additio~al signatures'appear on page 2.)
(FOR INFORMA nON ONLY - Name, Address and
Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc
3333 Cumberland Circle NW, Suite 500, Atlanta, GA 30339
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.
2 With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is for the payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is no
Owner Default.
SURETY 5026 (6-92)
S-1853/G EEF 2/98
Page 1 of 2
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
~ None
'0 See Page 2
SURETY
Company: Travelers Casualty
and Surety Company of America
Signature: Jt/ A ~ ~~Z
Name and Title: W, G. Van Buskirk, Attorney in Fact .-',.-: /
_F, ,...-"
."""'- --
OWNER'S REPRESENTATIVE (Architect, Engi~!.eLor--other
party):
(Corporate Seal)
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim,
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party
to whom the materials were furnished or supplied or for
whom the labor was done or performed; and
..
.2 Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly; a.nd
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner
stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5 If a notice required by paragraph 4 is given by Owner to the
Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
actions:
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed.
6.2 Payor arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety,
8 Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and
to satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the: Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for
the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The Owner shall not be liable for payment of any costs or
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which
MODIFICATioNS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is located or after the expiration of one year
from the date (I) on which the Claimant gave the notice required by
Subparagraph 4. I or Clause 4.2.3, 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 (I) or (2) first
occurs. If the provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date received at the address shown
on the signature page.
13 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in 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 Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 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 Contract. The intent of this Bond shall be to include without
limitation in terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the
Contractor and the Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(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:
Signature:
Name and Title:
Address:
S-1853/GEEF 2/98
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
'\I
..
"
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
." . Hartford, Connecticut 06183-9062
. ",\\\.\."..~ 1..4":" :;..'. ...... .-
POWER OF ATTORNEY ANDGEH.TIEICATE.OE AUTHORITY OF ATTORNEY(S)-IN-FACT
~~ ;.....::-:-,r"'~"'_ _~ ~.._~ ......... ~........ . :::
f ,-~ ......"'.. - ....-.... .- --
:= :: :~ C; ":-:
KNOW ALL MEN BY THESE PRESENTS, ~TH~ T TR.J\'e=LERS, CASUALTY ~ND SURETY COMPANY OF AMERICA, a
corporation duly organized under the laws of%he -State,.,of:.Connecticut, and having its principal office in the City of Hartford,
County of Hartford, State of Connecticut, n~tq, 'made~cons,tituted and appointed, and does by these presents make,
constitute and appoint W. Pat Hopkins, Jr., W:G.~"JV_an Buskirk, James R. Williams, Cyndi McLeod-Lawrence, Linda Madsen
or Cynthia M. Wan1 * * .... -..~' -.'
of Atlanta, GA, its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the' United States, or, if the following line be filled in, within the area there designated
, the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same
extent as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are
hereby ratified and confinned. .
This appointment is made under and by authority o(the following Standing Resolutions of said Company, which Resolutions
are now in full force and effect:
VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any
Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any
Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-
Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate
of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and
any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and
authority given him or her.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or
conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman,
the President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice
President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident
Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident
Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or
(b) duly executed (under sea', if required) by one or more Attomeys-in-Fact pursuant to the power prescribed in his or their
certificate or certific:ates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the
following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice
President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any
Secretary, Any Assistant Secretary; and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any
such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and
binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
(over)
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS; that
Mabus Brothers Construction Company. Inc.
(Name of Contractor)
920 Molly Pond Road. Augusta. Georgia 30901
(Address of Contractor)
, hereinafter called
a
Principal, and
(N ame of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County Commission,
Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of _
One million two hundred sixty-six thousand seven hundred thirty and 00/100 dollars
($1.266.730.00) in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGA nON is such that whereas, the Principal entered into
a certain contract with the OWNER, dated 23rd day of September , 19~, a copy of which is hereto
attached and made a part hereof for the construction of Eisenhower Park Improvements.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all
the undertakings, covenants, terms, conditions and agreements of said contract during the original
term thereof and any extensions thereof which may be granted by the OWNER, with or without notice
to the Surety and during the one year guaranty period and if he shall satisfy all claims and demands
incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs
and damages which it may suffer by reason of failure to do so and shall reimburse and repay the
Owner all outlay and expense which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that thesaid Surety, for value received hereby stipulates and agrees
that nCi change, extension of time, alteration or addition to the terms of the contract or to work to be
performed thereunder or the specifications accompanying the same shall be in any way affect its
obligation on this bond and it does hereby waive notice of any such change extension of time,
alteration or addition to the terms of the contract qr to the work or to the specifications.
"
.. ;
PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor
shall a.bridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in--L.(number) of counterparts, each
of which shall be deemed an original this 23~day of September , 19~.
ATTEST
Principal
(Principal) Secretary
By
(s)
(SEAL)
Address
(Witness as to Principal)
(Address)
Surety
ATTEST:
By
Attorney-in-fact
(Surety) Secretary
(SEAL)
Address
Witness as to Surety
Address
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners
should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and authorized to transact business in the state where the
project is located.
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Mabus Brothers Construction Company. Inc.
(Name of Contractor)
920 Molly Pond Road. Augusta. Georgia 30901
(Address of Contractor)
a
(Corporation, Partnership or Individual)
hereinafter called Principal
and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County
Commission, Municipal Building, Augusta, Georgia 30911, called Owner in the penal sum of
One million two hundred sixty-six thousand seven hundred thirty and 001100 dollars
($1.266.730.00) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, successors, assigns, jointly and severally, firmly by these
presents.
The Condition of this obligation is such that whereas the Principal entered into a certain contract with
the Owner dated the 23rd day of September, 19~, a copy of which is hereto attached and made a
part hereof for the construction of:
Eisenhower Park Improvements
. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, contractors
and corporations furnishing material for or performing labor in the prosecution of the work provided
for in such contract and any authorized extension or modification thereof, including all amounts due
for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such work and all insurance premiums on
said work and for all labor performed in such work whether by subcontractor or otherwise, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond and it does hereby waive notice of any such change, extension of time,
alterati.on or addition to the terms of the Contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in..l(number of copies) counterparts, each
one of which shall be deemed an original, this the 2J.~day of September , 19~.
ATTEST
Principal
By
(s)
Principal Secretary
. Address
(SEAL)
Witness as to Principal
Address
ATTEST:
Surety
Surety Secretary
By
Attorney-in-fact
(SEAL)
Address
Witness as to Surety
Address
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
Page 1 of3
Etec;r:rtIO~\;;_~~~~~~~fk~~~~
Aood Ughts, GA Receptacles, Mise Conduit & Wirin 1 LS $5,170.00 $5,170.00
Scoreboard I Mise Conduit, Including Wiring 1 LS $3,200.00 $3,200.00
200' Reid U htin (Poles, U hts, Conduit, & Wirin 3 LS $22,000.00 $66,000.00
275' Retd U htin (Poles, Ughts, Conduit, & Wiring) 1 LS $27,500.00 $27,500.00
$J:PRNlf~B~~~~,<:' ;'.';';.~~~~~~~~~~~~~"S~~~!~:":~%
12" CPP 241 LF $16.25 $3,916.25
15" cpp 304 LF . $16.38 $5,567.52
18" epp 694LF $22.49 $15,608.06
24"epp 30LF $32.24 $967.20
12" RCP 95LF $18.00 $1,710.00
15" RCP 496 LF $22.72 $11,269.12
16" RCP 160 LF $24.64 $4,471.20
24" RCP 110 LF $34.75 $3,622.50
30" CPP 316 LF $33.00 $10,428.00
DOUBLE WING TRAPS 1 EA $1,267.00 $1,267.00
JUNCllON BOXES 3EA $1,115.00 $3,345.00
DROP INLETS 2EA $1,190.00 $2,380.00
HEADWALLS 1 EA $1,276.00 $1,276.00
FlARED END SECTIONS 2EA $129.00 $256.00
GRATE TRAPS 21 EA $1,068.00 $22,428.00
Page2of3
- - -D1E[SIC1Rll;~1T4KOJN- ~ QT,"(, !LU1N~I~T gn -U!NJI~T.;;;clolS1T ~1:r{O:;'T#A1L":::CIOIs1T;
P.AAKINGTAREAS' ,",,,,,,,.,,,. . -
GRADED AGGREGATE BASE COURSE 8750 SY $5.n $50,487.50
Z' TYPE "P' ASPHAL llC SURFACE COURSE 8750 SY $4.62 $40,425.00
PRIME COAT 2188 GAL $1.82 $3,982.16
CONCRETE CURB AND GUTTER 4019 LF $8.31 $33,397.89
HEADER CURB 380 LF $13.81 $5,247.80
4" CONCRETE SIDEWALK 2805 SY $27.13 $76,099.65
BRICK PAVERS 193 SY $64.35 $12,419.55
CONCRETE APRON 9 SY $51.80 $466.20
HANDICAP RAMPS 2EA $165.00 $330.00
$ITEWORK---' - ~ "'0" _. -- - ---
-
DEMOUllON - COMPLETE 1 LUMP $62,632.25 $62,632.25
CLEARING AND C:;RUBBlNG 1 LUMP $15,550,00 $15,550.00
GRADING 1 LUMP $181,812.14 $181,812.14
IIOOOATION - .- - - - -- -
-- ---...~ ....
3" MAIN (INCLUDING RTTlNGS) 1612 LF $6.05 $9,752.60
2.5" MAIN (INCLUDfNG RTTlNGS) 321 LF $5.50 $1,765.50
Z' MAIN (INCLUDING RTTlNGS) 1478 LF $4.40 $6,503,20
1,5" MAIN (INCLUDfNG RTTlNGS) 915 LF $3.30 $3,019.50
1" MAIN (INCLUDfNG RTTlNGS) 3675 LF $2.20 $8,085.00
SPRINKLER HEADS - COMPLETE 1 LUMP $3,080.00 $3,080.00
u:tlflflES _.
RELOCATE EXlSllNG METER SERVICE 1 LUMP $600.00 $600.00
1" WATER SERVICE - POTABLE WATER 346 LF $5.32 $1,840.72
6" SANITARY SEWER SERVICE 315 LF $13.01 $4,098.15
CLEANOUTS 5EA $98.86 $494.30
-:
Page 3 of 3
, ~ .. ~}E[SIC1R'll~J.T~tLc)lN"-." - Q1;Y nU~NU~T ~I~ "N' 'T-C~O'S':r: ~IT[O];TiA]I:-CT01S~T;1
_U., ,I" -~, ."
tANDSCAP.E -
ZELKOVIA TREES (2" CAUPER - 8' HIGH) 13 EA $237.00 $3,081.00
RED MAPLE TREES (2" CAUPER - 8' HIGH) 26 EA $182.00 $4,732.00
BALD CYPRESS (2" CAUPER - 8' HIGH) 13 EA $182.00 $2,366,00
HYDROSEEDlNG 1 LUMP $2,200.00 $2,200.00
8" TOPSOIL SECTION UNDER AELD TURF AREAS 2758 CY . $13.00 $35,854.00
4" TOP SOIL SECllON UNDER COMMON AREAS 2972 CY $13.00 $38,636.00
SAND CLAY & TUHF-FACE INAELD AND TRACK AREAS 1056 CY $21.00 $22,176.00
M1SCE&!fANEOU:i .. ::::
DUGOUT COMPU:'TE (LESS CONCRETE FLOOR) SEA $6,128.00 $49,024.00
S' HIGH CHAIN Uf\lK FENCE 3093 LF $11,28 $34,889.04
30' HIGH BACKSTOPS (92 LF EACH UNIT) 4EA $16,147.00 $64,588.00
6' WIDE GATES - 6' HEIGHT 8EA $578.00 $4,624.00
3' WIDE GATES - (l' HEIGHT 8EA $248.00 $1,984.00
FLAGPOLE 1 EA $2,717.00 $2,717.00
RELOCATE BATllNG CAGES 1 LS $5,000.00 $5,000.00
RIP-RAP W I STONE ALTER BLANKET 25 SY $11.40 $285.00
SEDIMENT CONTI~OL 1LS $11,576.00 $11,576.00
CONSTRUCTlON STAKING 1 LS $27,500.00 $27,500.00
M08IUZA'TlON 1 LS $500.00 $500.00
BONDS 1LS $11,000.00 $11,000.00
ORAND TOTAL $1,266,730.00
AI)I)1TI0NAL'1IT;EMS,-- _._..---~-'. ..,..._.~...- _.,_...~- _._~- -, n- -
SELECT BACKAU. N/A CY N1A
EXCAVA'TlON OF UNSUITABLE MATERIAL N1A CY N1A
DISPOSAL OF UNSUITABLE MATERIAL N/A CY N1A
#57 STONE N1A TON N1A
,;1:,
;J~~
,
770-953-9002 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.
COMPANIES AFFORDING COVERAGE
PRODUCER
Palmer & Cay of Georgia, Inc.
P. O. Box 724028
Atlanta, GA 31139-1028
COMPANY
A
CN~ Insurance Company
INSURED
Mabus Brothers Construction Co
920-B Molly Pond Road
Augusta GA 30901
COMPANY
B
National Union
COMPANY
C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE . POLICY NUM BER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DDIYY) DATE (MM/DDIYYl
A GENERAL LIABILITY C01030240706 6/30/98 6/30/99 GENERAL AGGREGATE 2000000
X COMMERCIAL GI:NERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2000000
CLAIMS M.A,OE 0 OCCUR PERSONAL & ADV INJURY 1000000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 1000000
FIRE DAMAGE (Any ana liral 50000
MED EXP (Any ana parson) 5000
A AUTOMOBILE LIABILn-V BUA 1 030240723-SC 6/30/98 6/30/99
COMBINED SINGLE LIMIT
X ANY AUTO 1000000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Par person)
X HIRED AUTOS BODILY INJURY
X NON.OWNED AUTOS (Per accident!
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
B EXCESS LIABILITY 3576139 6/30/98 6/30/99 EACH OCCURRENCE 6000000
X UMBRELLA FORM AGGREGATE 6000000
OTHER THAN UMBRELLA FORM
A WORKERS COMPENSI\TION AND WC1030240740 6/30/98 6/30/99
EMPLOYERS' LIABILITY 500000
EL EACH ACCIDENT
THE PROPRIETORl INCL EL DISEASE. POLICY LIMIT 500000
PARTNERSIEXECUTlVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE 500000
A OTHER C01030240706 6/30/98 6/30/99
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS
PROJECT: EISENHOWER PARK IMPROVEMENTS. CERTIFICATE HOLDER TO BE
ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY,
~::QmTIf:@A]~mM9t.p~f*}}}::}}:{:}}:::=::~~:::~:{mm{{{:}:=:~:~:{~=:~::~}}m:}:{:::::::::::::}:~::~{{m}m{{::::::::::{~~{=~:}}}}::J::'aNg!4.itA]jpM{:!:::::!:!:::!::W::::::::::::!:::!::::::{:!:}::::=:::::!::::::{{{:'{,!:!,!:!:::::!{:!:!:::}:'}!:!:}}::f::!:!{i::!{Wf!{{{{:!:ffffff!i!i!{)
AUGUSTA-RICHMOND COUNTY
COMMISSION
530 GHEENE STREET
AUGUSTA, GA. 30911
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
AGENTS OR REPRESENTATIVES.
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