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Home My WebLink AboutHeavener Construction Company,Inc. , Augusta Richmond GA DOCUMENT NAME: ~ Veflff &Jlslvejj/l 6f)!jWtj-:IYzC DOCUMENT TYPE: YEAR: BOX NUMBER: / 1J FILE NUMBER: F! 13:J NUMBER OF PAGES: /2 ') Heavener Construction Company, Inc. ( -. P.O. Box 14252 - 30919-0252 1530 Crescent Court - 30909 Augusta, Georgia Phone: (706)-733-1203 Fax: (706)-736-2498 ~ r. , " " LETTER OF TRANSMITTAL TSDG Phil Rhodes MISC: RE: ARC Library 902 Greene Street Weare sending you by USPS the following items: D :Shop Drawings 0' :Prints D : Plans ~ - :Other - Miscellaneous The items are as follows: Copies ~I 7' - 1 1 1 Dated 8/1 8/1 8/1 8/15 Numbered Description Con tracts Labor and Payment Bond Performance Bond Certificate of Insurance .*-r~~lr~cG ~ These items are TRANSMITTED as checked below: o :For approval 0 ~ :For your use D IZI :As requested D D :For review & comment 0 o :For bids due - :Approved as submitted :Approved as noted :Returned for corrections :Other - Remarks: Signed: ':'{'..,..., ,..','.......,.... ,....,.....,.,.,.,.,.,.,... ,.,',.,',.,...,.,:),}',',','"","',',"''i''''''''':,""""""""i""""':'I"'ii?:"'}"""::13::::,:rt::I3:::::l::::I?IIl3::I::':::}I:::'I:::':':':':":}:I:\Q:lc!k,':i13::::k::''iin;;;:15'''''::}:?:::::::::::::::::'}}}::::::::{'',..,"'TE'(;;;""""',...,.'.,. ):'~i".,',.~.,.~.Q,~.Q~j:::::;I:li,lml::6,:)~II:~::I:~,~:.,:'~~~::::~:::.::.:::,H:::,::::L;J!~J~:ii!;i~:!)~:,j,::):::(:(::::(,(:(I':::'::)::::'('::'::;:,),:,:::i:): ~~'/15/~~Y~ '" 'PRooi:icER..Cio'Ei')iii::.'iisii...'...............FAX...(i6Ei')'i'3i - i4i3'..' . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . . ONLY AND CONFERS NO RIGHTS UrON THE CERTIFICATE SL/Han son-Kerz1 c, Inc. HOLDER.,THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. o. Box 211110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2601 Commons Bl vd. (30909) COMPANIES AFFORDING COVERAGE Augus ta, GA 30917 -1110 ..~~~~~~~ ......CoiiipaiiT6ii....P',:;(Jp'er't'y...&;...Cas..'............' Attn: Pam Hunter Ext: A INSURED Heavener Construction Co P.o. Box 14252 Augusta, GA 30919-0252 COMPANY .... "E\ieiesf'Naffon'a:1..tii's...to B COMPANY C COMPANY D 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, ~T~ : TYPE OF INSURANCE POLICY NUMBER ....................... ...................... . . : POLICY EFFECTIVE : POLICY EXPIRATION' , DATE (MM/DDIYY) : DATE (MM/DDIYY) LIMITS : GENERAL LIABILITY L~..L~?MMERCIAL GENER:":~yABILlTY . A:}}}L..,..: CLAIMS MADE L.)(..,: OCCUR BINDER : OWNER'S & CONTRACTOR'S PROT : 05/31/2000 :, ,c;~N.~.R,A.L, ,~,c;~,~,~~~!I="...".,:. ~""""" ,~"~, 9, 9.9,1..0..0..0., :" p'~,?o.~.c:r~,,-. ~.?/,1i>I?P'.~~Cl. L$.. ".~. ,0..0. 'O'...9.9g, : PERSONAL & ADV INJURY : $ 1 , 000, 000 05/31/200 1 ...',~~~.';;~~'0~~~'~~E',.',',",',..,.,.,.,'r~"".",".','.'i.,~',.9.cj,q.';.qq'q. L,~!~,E..D,A.M.:^-,a.~,(A.".y,~n,e.~re)... ' $ ...,~,<?O',!.9.9.9.. : MED EXP (Anyone person) : $ 5 , 000 :..A..U,TOMOBILE LIABILITY : X : ANY AUTO ALL OWNED AUTOS A ........! SCHEDULED AUTOS :">.<..! HIRED AUTOS ; X : NON.OWNED AUTOS .BINDER COMBINED SINGLE LIMIT $ 1 000 000 BODILY INJURY $ (Per person) 05/31/2000 05/31/2001 BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ , AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO ~ OTHER THAN AUTO ONLY: ,........,.. EACH ACCIDENT: $ EXCESS LIABILITY A UMBRELLA FORM OTHER THAN UMBRELLA FORM BINDER AGGREGATE: $ : EACH OCCURRENCE.............,,$.. .....:Lg.1..q'O'9.,~,99.q, 05/31/2000 05/31/2001 ;'.~G~~EG~~E........... : $ : $ 10,000,000 '..... :r()~,y',L!MITS: :oE~. ,;' .......... .. ........ ~ EL EACH ACCIDENT : $ 1, 000 , 000 05/31/200 1 :'E.~'~;~.~~~'.~'~~'~;~~'~;~i"'r,.~"""""'i.'3jqq.;9.'9.9,' : EL DISEASE - EA EMPLOYEE: $ 1 , 000 I 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B THE PROPRIETOR! PARTNERS/EXECUTIVE OFFICERS ARE: OTHER . . 2900003587991 X INCL, 05/31/2000 EXCL: DESCRIPTION OF OPERA TIONS/LOCA TlONSNEHICLES/SPECIAL ITEMS he project is: Renovations to Augusta-Richmond County Main Library 02 Greene Street, Augusta, GA 30901 :C.ERt'iF.'lcATEHOtDER'/::?:t?} ".'..'....":::" ... ,., ,"'" .. ............................................. :,:,;,;,:,:,:,:,:,:,:,:,:,:,:,:,:-;,:,:,:",:.;.:.:.:.:'......;.:.:.:. ............:.:...:...........:.:.:.....,.:.:...:...........:.................................... .... ...... .. ... ....................... . . . . . - . . . . . . . . . . . . . . . . . . ....................... ....................... ::m::'t":(;AiI,@gkOiit\~((:m:t:::r:),:,:::::::: ......................................................................................................................... .:.:.:.................:.:.:.:.:.: Augusta-Richmond County and East Central Georgia Regional Munical Building 530 Greene Street Augusta, GA 30901 Library System SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -12- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES, AUTHORIZEO REPRESENTATIVE :A9PBR:3~m]1!!~g ... "'::=;::;:;:::::::::::=:::::::::=:;:;:;:::::=;::::: .. :.:.:.:.:-:-:.:.:.:.:.:......... . ............ .................. .................. ;:::::::::::;:::;:;:;:::;:::;::::::: ~w.* ::::,::::::'jj=@~AP9B9:99M9f@it@tig1~!ffl Karl W. Kerzic/PAM ...... ......................... ............................... ................................ ................................. ....... ....................... , .~-::,.- .;,.. - ... - ,-::.../.J~\ " ~ Addres~ Iv: notic~ IJ the surety: c/d The Mpuntbatten Surety Co. Attn: Corporate Counsel 33 Rock Hill Road Bala Cynwyd, P A 19004 Telephone 610-664-2324 Facsimile 610-664-2297 I' THE MOUNTBATIEN SURETY COrviPANY. INC. LABOR & MATERIAL PAYMENT BOND AIA 3.1 1 Equivalent Bond No. 000004 KNOW ALL MEN BY THESE PRESENTS that:" Heavener Construction Company, Inc. POBox 14252 Augusta, GA 30919 as Principal, hereinafter called Princi aI, and THE MOUNTBATIEN SURETY COMPANY, INC., of Pennsylvania a corporation organized under the law r f the Commonwealth of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly l:iound unto Au usta- ichmond Count and East Central Georgia Regional Library System Municip Buildin, 530 GreenStreet Al1gfTc::r::lr ~A as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Six Hundred Forty Two Thousand One Hundred and Fifty Nine Dollars---------~------...;- Dollars ( 642,159.00 ). for the payment whereof Principal and Surety bind themselves. their heirs. executors. adininistrators. successors and assilDlS. jointly and severally, fmnly by these presents. . WHEREAS, Principal has by written agreement dated 8/01/00 (dated no later than this bond) entered into a contract with Owner for Renovations to Augusta-Richmond County Main Library G02 Greene St. Allgtu=:t;t. GA 30901 total contract amount being S 64 2 . 159 . 00---- TSDG Architects,LLC POBox 277. Thomson. GA 30824 in accordance with Drawings and Specifications prepared by 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 shaH promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perfonnance of the Contract. then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the tollow:ing conditions:' " 1. A claimant is defmed as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the perfonnance 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 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 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 ~al judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be hable for the payment of any costs or expenses of any such suit. Page 1 of 2 " j ,.' ~r-i .~ '...../. ~ -. 3. No su'it or a~tibn 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 Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or perfonned 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 for whom the work or labor was done or perfonned. 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 r1ace where an office is regularly maintained for the transactions of business, or served in any manner in which lega 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 Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation pennitted 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 payment or payments made in good faith hereunder, inclusive of the payment by Surety of Mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 15 day of August f9C2000 '- (Seal) (Title) \ THEM (Witness) By: Karl W. Kerzic (Attorney-in-Fact) Page 2 of2 'I Addrc;);) iur notice '(0 the sureiy; cia The Mountbatten Surety Co. Aftn: Corporate Counsel 33 Rock Hill Road Bala Cynwyd, PA 19004 THE y[OL"NTBA TTEN SuRETY COMPA~cm~~0-664-2324. P B Facsimile 610-664-2297 ERFORwLJ-\NCE OND AL~ 3 11 Equivalent e ~:;,~ :r. ~. r. Bond No. 000004 K..'10W ..\LL,~(E~ BY THESE PRE5E~TS (hat: Heav~ner Construction Company, Inc., POBox 14252, Augusta, GA 30919 as Prrnc;:pal. hereinafter called Contractor. md THE :VIOUNTBA TTEN SURETY COMPANY. rNC.. OF PENNs'YL V ANlA l7..orpo~tion duly organized under the laws of me Commonwe:llth of Pennsylvania, as Surety, hereinafter called Surety, are h~ld .:1 tIrmly bound unto and Augusta-Richmond County and East Central Georgia Regional Library System, Municipal Bldg. as Obligee. hereinafter c:111ed Owner, in the amount of 530 Greene St., Augusta, GA Six Hundred Forty Two Thousand One Hundred D II ( and Fifty Nine Dollars and 00/100----------------------- 0 an 642,159.00 ), for the Rayment whereof Contractor and Surety bind (hemselves. their heirs. executors. administrators, successors and assilms. jointly and severa.lLy by these presents. _ . WHEREAS, C ontrac:or has by written agreement daIed 8/01/00 (dated no later rhan chis bond) entered into a contr.lC:t with Owner for ' Renovations to Augusta-Richmond County Main Library, 902 Greene St., Augusta, GA 30901 total COntr.1ctlIIlount beiruz $ 642, 159.00 and in accordance with Drawings and Specifications prepared by TSDG Archite~ts, LLC, POBox 277, Thomson, GA 30824 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE. THE CONDrTION OF THIS OBLIGATION is such thar. if Contractor shall promotlv and faithfully perform said Concra.ct. then this obligation shall be null and void; otherwise it shall remain in fulI"force and effect. The Surecyhereby waives notice of any alteration or extension of cime made by the Owner. Whenever Contractor shall be. and declared by Owner to be in default and terminated under the Contract, the Owner having per:ronned Owner's oblig:uions thereunder. che Surety may promptly remedy the default. or shall promptly 1. Complete me Contract in ~cord:mce with its temlS and conditions. or 2. Obein a bid or bids for completing the Contr:1ct in accordance with its terms md conditions md upon determination by Surety of the 10'iVest responsibLe bidder, or, if the Owner elects, :lpon determination by the Owner md the Surety jointly of the lowest responsible bidder, lII':1I1ge for :l contract between such bidder and Owner, and make a.vailabLe as Work progresses (even though there should be :l defuult or :l succession of dcfuults under the contr.lCt or contr:1C!S of completion manged under r1ti.s paragraph) sufficient funds to pay the COSt of completion Less me balance of the contract price; but not e:'tceeding. including other costs and damages for which the Surety may be liable hereunder, the :unount set forth. in the first par:1graph hereof. The term "balance of the contr.1c! price." as used in chis par:1gr:1ph. shall me:m the roell amount payable by Owner Co Contr.1cror under the COntr.ICt md any :unendmentS thereto. less the ~ount properly Pa1~ by Owner to ,Contractor. Any suit under this bond must be instituted before the e:cpir:lCion ~f cwo (2) Ye:ltS [three (3) Ye:ltS for projects in North Carolina} from the date on which tin:1l paym~n[ under the Contr.1ct fulls due. No right of action shall accrue on chis bond to or for the use of any person or cOtpor:lrion other timn me Owner named herein or the heirs. c:xecucors. administr:1tors or successors of the Owner. Signed and sealed this 15 day of August . - x~ 2000 . - By: (S.::It) ~~ _>4 kku41A- (Witness) ,11' Bond :-Jovemi:ler : 998 (Attorney-in-Fact) i'.i~~ .. .:',..~. . ~ ~ THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mounlbalten Surety Company, Inc., a corporation of the Commonwealth of Pennsylvania, has made, constituted and appointed, and by these presents does make, constitute and appoint Phil S. Harison, Karl W. Kerzic, Pamela S. Hunter And/Or Cindy A. Owen All Of Augusta, Georgia its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: NOT TO EXCEED SIX MILLION DOLLARS---------.---:------..------------..--($6,OOO,OOO.OO) Such Insurance policies, surety bonds, undertakings and Instruments for said purposes, when duly~xecuted by the aforesaid Attorney-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney-In-Fact, pursuant to the authority hereby given, are hereby ratlfledand confirmed, Notwithstanding any other term in this document to the contrary, the authority granted herein does not extend to the excution on behalf of the surety of releases of any nature, claim settlements or compromises, consents of surety as they relate to release or reductlon of retainage or, final payment or agreements not of the type generally construed to be contracts of suretyship or undertakings, This appointment Is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1992 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relatlng in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney-In-Fact for the Corp.oration appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine: The'seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative, The authority of such Attorney-in-Fact and Agents shall be as prescribed in the Instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 15th day of November, 1999. (Seal) ) Attest: A 1/~ Gary L. Bragg, Secretary T", MO",:~"",' Kenn th L. Brier, resl eR' Notarial Seal Anthony T. Stawart, Notary Public Commonwealth of Pennsylvania Lower Merion Twp., Montgomery County County of Montgomery My Commission Expires Aug. S, 2002 Member, Pennsylvania Association of Notaries On this 15th day of November, 1999, before me personally appeared Kenneth L. Brier, President of The Mountbalten Surety Company, Inc, with whom I am persona!!! acquainted, who. being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he Is President of The Mountballen Surety Company, Inc., the corporation described in and which executed the foregoing instrument: that he knows the corporate seal of the said Corpuration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; ,md that he s;gned his name thereto as President of said Corporation by like authority. (Seal) ~~ 7 ~ - Notary Public CERTIFICATE I, the undersigned Secretary of The Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section .12-1 of the By-Laws of The Mounlbatten Surety Company, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of The Mountbatten Surety Company, Inc.: , "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an Instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments descrjb~d in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made," In Witne;;)s Whereof, \ have hereunto set my hand aQd affixed the corporate seal of the Corporation to these presents this 1) __ day of . August ,20 ~ This power of attorney is only valid with Co and the original, red stamp affixed hereto, (seal) (Stamp) ~ t /}.' ?" r. ;' I Standard Form of Agreement Between Owner and Contractor where the .basis of payment is a STIPULATED SUM AlA Document A101-1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WIlli AN ATTORNEY IS ENCOURAGED WIlli RESPECT TO ITS COMPLETION OR MODIFICATION, AtJffiENTICATION OF TIllS ELEClRONlCALL Y DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D401 AlA Document AlO 1-1997, General Conditions of the Contract for Construction, is adopted in this document by reference, Do not use with other geneml conditions unless this document is modified, This document has been appr~ved and endorsed by The Associated General Contractors of America, Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, @ 1997 by The American Institute of Architects, Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and wiU subject the violator to legal prosecution, AGREEMENT made as of the First (1 st) day of August in the year of Two Thousand (2000) (In words, indica/e day, momh and year), BETWEEN the Owner: (Name, address and a/her injonllalion) Augusta-Richmond County and East Central Georgia Regional Library System Municipal Building, 530 Greene Street Augusta, GA and the Contractor (Name, address and o/her injonnation) Heavener Construction Company, Inc. P.O, Box 14252 Augusta, GA 30919-0252 The Project is: (Name and location) . Renovations to Augusta-Richmond County Main Library 902 Greene Street August~ Georgia 30901 The Architect is: (Name, address and other injomlQlion) TSDG Architects, LLC P,O, Box 277 Thomson, GA' 30824 The Owner and Contractor agree as follows, ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consi~t of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), AlA DOCUMENT AlOl -OWNER - CON1RACTOR AGREEMENT - 1997 EDITION - AlA - COPYRIGIIT 1997 - THE AMERlCAN INSTJ1UTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W" WASHINGTON, D,C, 20006-5292, WARNING: Unlicensed photocopying violates U.S, copyright laws and wiU subject the violator to legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced , without violation until the date of eX'}Jiration as noted below, ElectronicFonnat AI01-1997 User Document: ARC-HEV.DOC -- 7/28/2000, AIA License Number 109910, which expires on 8/7/2001 -- Page #1 \ \ :i 1 Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as ful1y a part of the Contract as if attached to this Agreement or repeated herein, The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, An enumeration of the Contract Documents, other than Modifications, appears in Article 8, ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreemelll or, if applicable. state that the date will be fixed in a notice to proceed.) Date of commencement shall be established in the Notice to Proceed as issued by the Architect, If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as foJlows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 185 days from the date of commencement, or as follows: (Insert number of calendar days, Alternatively, a calendar date may be lIsed when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) , subject to adjustments of this Contract Time as provided in the Contract Documents, (Insert provisions. if any. for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) Should the Contractor not reach substantial completion of the work under this contract within the specified time or such later date(s) as may result from an authorized extension of time, the Owner may retain, as liquidated damages, the sum of Two Hundred ($200.00) dollars for each succeeding calendar day that the terms of the contract remain unfulfilled, ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract, The Contract Sum shall be Six Hundred Forty Two Thousand One Hundred Fifty Nine and nollOO Dollars ($ 642,159,00 ), subject to additions and deductions as provided in the Contract Documents, 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates, If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement. allach a scheduie of such other alternates showing the amount for each and the date when that amo.unt expires) See Attachment "F" 4.3 Unit prices, if any, are as follows: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents, 5.1.2 The period covered by eac~ Application for Payment shall be one calendar month ending on the last day of the month, or AIA OOCUMENT AlOI -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA -COPYRIGHT 1997 - TIfE AMERlCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W" WASHINGTON, D,C, 20006-5292, WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AIA and can be reproduced without violation Wltil the date of expiration as noted below, Electronic Format AlOl-1997 User Document: ARC-HEV.DOC -- 7/28/2000, AlA License Number 109910, which expires on 8/7/2001 -- Page #2 '~ /1 as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty Fifth (25th)day of a month, the Owner shall make payment to the Contractor not later than the Fifteenth (15th) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 30 days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents, The schedule of values shall allocate the entire Contract Sum among the various portions of the Work, The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent (10 %), Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7,3,8 of AIA Document A201-1997; .2 Add. that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offth~ site at a location agreed upon in writing), less retainage often percent ( 10 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AlA Document A20 1-1997, 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8,5 of AlA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent .of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9,10,3 of AIA Document A201-1997, 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (lfit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5,].6,] and 5,1,6.2 above, andthis is not explained elsewhere ill the Contract Documents, insert here provisions for such reduction or limitation.) 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site, 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor AlA DOCUMENT AJOl -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AlA - COPYRIGlIT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE N. W., WASHINGTON, D,C, 20006-5292. W ARNlNG: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below, Electronic Format A 10 1-1997 User Document: ARC-HEY.DOC -- 7/28/2000, AlA License Number 109910, which expires on 8/7/2001 -- Page #3 Ii ~:I when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12,2,2 of AlA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A20 1-1997, 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A20 1-1997, ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract Document, the ' reference refers to that provision as amended. or supplemented by other provisions of the Contract Documents, 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located, (Insert rate of interest agreed upon, if wry.) See Attachment "C" (Usury laws and requirements ,mder the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project Wid elsewh~re may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, wul also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Nwl/e, address and other information) Mr, Rick Acree, Assistant Director Facilities Maintenance & Construction 530 Greene Street, Room 212 Augusta, GA 30914 (706) 821-2426 7.4 The Contractor's representative is: (Name, address and other infonnation) Mr, Scott Aussem Heavener Construction Co" Inc, P,O, Box 14252 Augusta, GA 30919(706) 733-1203 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party, 7.6 Other provisions: See Attachments "A" & "B" ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document AIA DOCUMENT AlOI -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - TIIE AMERICAN INSTITIITE OF ARCIDTECTS, 1735 NEW YORK AVENUE N.W" WASHINGTON, D.C, 20006-5292, WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below, Electronic Format A101-1997 User Document: ARC-HEY.DOC -- 7/28/2000, AIA License Number 109910, which expires on 8/7/2001 -- Page #4 7. l' A201-1~97, 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 19, 2000 , and are as follows: Document Bl B2 B3 B5 B6 Title . Form of Agreement Forms of Bonds General Conditions Drawings and Specifications Special Restrictions Pages 1 1 6 1 1 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Eilher /isllhe Specificalions here or refer 10 an exhibit aI/ached 10 Ihis Agreemenl.) Section See Attachment "D" Title Pages 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list Ihe Drawings here or refer 10 an exhibit aJlached 10 this Agreement) Number See Attachment "E" Title Date 8.1.6 The Addenda, if any, are as follows: Number Addendum #1 Addendum #2 Date 6/13/2000 6/26/2000 Pages 1 4 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. : 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (Lisl here any additional documents Ihal are intended 10 fOn/1 parI of Ihe Contract Documenls. AlA Documenl A201-1997 provides IhaJ bidding requiremenls such as advertisemenl or invitalion 10 bid, Instructions 10 Bidders, sample fOn/1S and Ihe Contraclor's bid are not part of Ihe Contracl Documents unless enumeraled in this Agreemenl, They should be lisled here only ifintended 10 be part of the Contract Documenls,) Attachments A, B, C, D, E, and F are made a part of this contract agreement and supersede any previous directions. C?NTRACT R (Signature) 60.~ L J.-6.kJteP-/ ~D6#T (prinled ame and IiIle) AIA DOCUMENT AlOI -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHf 1997 - THE AMERlCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N,W" WASHINGTON, D,C, 20006-5292. WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format AI01-1997 User Document: ARC-HEV,DOC -- 7/28/2000. AlA License Number 109910, which expires on 8/7/2001 -- Page #5 ( :" "ATTACHlVIENT A" 1. This agreement is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et Seq. In the event any provision of this Agreement is incorisistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. "ATTACHMENT E" 2. All claims, disputes and other mattes in question between the Owner and 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 COllrt of Richmond County, Georgia. "ATTACHMENT C" 3. Notwithstanding 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 the same. . TABLE OF CONTENTS ATTACHMENT "0" Subdivision DIVISION A - BIDDING REQUIREMENTS A1 A2 A3 A4 Proposal - A5 A6 Invitation to Bid Instructions to Bidders Supplementary Instructions to Bidders Form of Proposal Proposal Form Form of Bid Bond Davis/Bacon Act Wage Rates Subdivision DIVISION B - CONTRACT DOCUMENTS B1 B2 B3 B5 B6 Form of Agreement Forms of Bonds General Conditions Drawings and Specifications Special Restrictions Subdivision DIVISION 1 - GENERAL REQUIREMENTS 1 A-1 0 1 B-1 0 1C-10 1E-10 1F-10 1 G-1 0 1H-10 1 J-1 0 1K-10 1 L-1 0 1 M-1 0 Special Conditions Temporary Facilities and Weather Protection Project Layout Submittals Alternates Liquidated Damages Equal Materials Project Closeout Allowances Special Site Restrictions Cutting, Patching, and Demolition Subdivision DIVISION 2 - SITE WORK 2A-10 2A-13 2B-10 2B-20 2L-71 General Provisions Earthwork Demolition Clearing, Grubbing Concrete Sidewalks DIVISION 3 - CONCRETE 3B-10 3D-12 28602 -B Reinforcing Steel Concrete Slabs TC Renovations to Augusta- Richmond County Main Library Subdivision DIVISION 4 - MASONRY 4A-11 4B-10 4C-13, 4C-21 DIVISION 5 - METALS Subdivision 5D-10 5D-50 Mortar Joint Reinforcement & Veneer Anchors Masonry Renovation Concrete Block Masonry Lightgage Framing Lintels Subdivision DIVISION 6 - WOOD AND PLASTICS 6A-10 6E-10 6E-20 Rough Carpentry Millwork Laminated Plastic Surfaces Subdivision DIVISION 7 - THERMAL AND MOISTURE PROTECTION 7C-41 7C-42 7 J-1 0 Blanket Insulation Sound Attenuation Blankets Caulking and Sealants Subdivision DIVISION 8 - DOORS AND WINDOWS 8A-11 8A-13 8B-10 8C-10 8E-10 8F-15 8H-20 8H-21 8H-23 81 -11 DIVISION 9 - FINISHES Subdivision 9B-11 9B-12 9C-11 9E-11 9F-11 9H-10 28602-B Hollow Steel Door Frames Hollow Steel Doors Wood Flush Solid Core Doors Entrance & Storefronts Roll Up Doors Aluminum Storefront Windows Builders Hardware Electronic Door Egress Control System Automatic Door Operator Glass and Glazing Gypsum Wallboard Gypsum Wallboard Suspension System Ceramic Floor Tile and Base Acoustical Tiles Acoustical Tile Suspension System Resilient Flooring TC Renovations to Augusta- Richmond County Main library 9H-40 91 -10 9M-10 9N-10 9N-20 Resilient Base Carpet Painting Vinyl Wall Covering Acoustical Wall Panel Subdivision DIVISION 10 - SPECIALTIES 10C-20 100-60 10P-10 10R-10 1 OS-1 0 10S-12 10U-10 10W-10 - Markerboard & Tackboards Interior Signage - Restrooms Accordion Walls Toilet Partitions Metal Shelving Units - Cantilever Type High Density Mechanically Assisted Mobile Storage Toilet and Bath Accessories Fire Fighting Devices DIVISION 11 - EQUIPMENT 11 B-1 0 11 U-1 0 Compact Kitchen Book Security System Subdivision DIVISION 15 - MECHANICAL 15000 15050 15100 15135 15145 15171 1 5241 15250 15411 15420 15430 15440 15496, 15510 15530 15540 15545 15671 15782 15786 15790 15835 15853 15854B - 15855 15891 15910 15975 15985 15990 28602-8 General Mechanical Provisions Basic Mechanical Materials and Methods Valves Meters and Gages Hangers and Supports Motor Controllers Mechanical Vibration Controls Mechanical Insulation Water Distribution Piping Drainage and Vent Systems Plumbing Specialties Plumbing Fixtures Natural Gas Piping Hydronic Piping Refrigerant Piping HVAC Pumps Chemical Water Treatment Condensing Units Rooftop Units Dehumidification Units Air Coils Unit Heaters Power and Gravity Ventilators Unitary Air-Handling Units Diffusers, Registers, Grilles and Louvers Metal Ductwork Duct Accessories Control Systems Equipment Sequence of Operation Testing, Adjusting, and Balancing TC Renovations to Augusta- Richmond County Main Library DIVISION 16 - ELECTRICAL 16010 16050 16400 16500 16740 16782 28602 -B Electrical - General Basic Materials and Methods Service and Distribution Lighting Fixtures Data/Telephone Raceway System Computer Raceway System END OF TABLE TC Renovations to Augusta- Richmond County Main Library ;- Sheet No. C-o A-I A-2 A-3 A-4 A-5 A-6 A-7 M-I M-2 M-3 P-I P-2 E-I E-2 E-3 E-4 E-5 E-6 . ATTACHMENT "E" INDEX OF DRAWINGS Descriotion Cover Sheet 1 sl Floor Demolition Plan 2nd Floor Demolition Plan 1 st Floor Renovation Plan 2nd Floor Renovation Plan Finish, Door/Window Schedules Millwork, Details Millwork, Sections HV AC Demolition Plans HV AC New Work Plan HVAC Schedules, Notes and Legend Plumbing Plans 1 sl Floor Plumbing Plans 2nd Floor Symbols and Schedules Electrical Site Plan I Sl Floor Lighting Plan 2nd Floor Lighting Plan I st Floor Power Plan 2nd Floor Power Plan END OF TABLE " . ATTACHMENT "F" CONTRACT PRICE NEGOTIATIONS PROJECT BASE BID TOTAL ACCEPT THE FOLLOWING ALTERNATES: ALTERNATE # 1 AL TERNA TE # 2 ALTERNATE #'3 ALTERNATE # 4 ALTERNATE # 5 ALTERNATE # 6 AL TERNA TE # 7 = 2,144.00 3,200.00 500.00 - 25,400.00 3,000.00 3,500.00 4,495.00 = TOTAL ALTERNATE DEDUCT - $ 42,239.00 ALLOWANCES (A) Modular computer carrels furnishings (B) 'Security Equipment (C) Public Address Communication equipment = 8,600.00 3,500.00 5,500.00 TOTALALLOWANCESDEDUCT -$ 17,600.00 DEDUCT SUBTOTAL Make the Following Changes per Contract Negotiations (see contractor's breakdown dated July 17,2000) 1. Install new light fixtures on 1 st floor - $ 11,400.00 ill lieu of upgrading exist. 2. Condense mobile shelving system 4,552.00 3. Change door hardware to cylindrical style 520.00 4. Change plumbing sinks to standard w/Regal flush valves 150.00 5. Reduce quality ofVWC specified 1,440.00 . j $ 730,000.00 $ 59.839.00 $ 670,161.00 .,' ~, r: . . . 6. Use particle board solid door in lieu of lumber 657.00 7. Change to honeycomb core in exterior metal door 346.00 8. Use laminate partitions in lieu of phenolic core 495.00 9. Reduce 3/4" ceiling tile to 5/8" thickness- 2,000.00 10. Replace solid glass doors in base cabinet with wood framed glass doors 600.00 II. Change all interior masonry walls to metal studs w/gyp. board, except curved screen wall at restrooms. 2,842.00 12. Change carpet from that specified to Mohawk "Valencia." 3.000.00 TOTAL NEGOCIATE DEDUCTS $ 28,002.00 DEDUCT $ 28.002.00 New Contract Amount $ 642,159.00