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HomeMy WebLinkAboutCONTINENTIAL CONSTRUCTION FIRE STATION 3 '" .= AlA Document A 101" - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM AGREEMENT made as of the Twenty-first day of June in the year of Two Thousand Six (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Augusta, GA. a political subdivision of the State of Georgia 530 Greene Street Augusta. GA 30901 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and the Contractor: (Name, address and other information) AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Continental Construction 4190 Crosstowne Ct. Evans. GA 30809 Telephone Number: 706-860-3846 Fax Number: 706-863-0306 The Project is: (Name and location) This document has been approved and endorsed by The Associated General Contractors of America. Fire Station #3 1099 Reynolds Street, Augusta, GA 30901 The Architect is: (Name, address and other information) Virgo Gambill Architects 2531 Center West Parkway, Ste. 200 Augusta, GA 30909 Telephone Number: 706-736-3661 Fax Number: 706-736-4552 The Owner and Contractor agree as follows. AlA Document A101T11-1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion olll, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:44:00 on 06/23/2006 under Order No.1000223751_1 which expires on 2/23/07, and is not for resale. User Notes: (1969227019) " ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), 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 fully 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 Agreement or, if applicable, state that the date will befixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. 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 follows: N/A ~ 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 120 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used 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.) N/A Portion of Work N/A Substantial Completion Date , 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.) The contractor agrees to pay as liquidated damages to the Owner the sum of $200.00 for each consecutive calendar day after expiration of the contract completion time. except for authorized extensions of time by the owner. ARTICLE 4 CONTRACT SUM ~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Two Hundred Twenty-three Thousand Seven Hundred Eighteen Dollars and Zero Cents ($ 223.718.00 ), 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, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AlA Document A101T11-1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:44:00 on 06/23/2006 under Order No.1000223751_1 which expires on 2/23/07, and is not for resale. User Notes: (1969227019) N/A ~ 4.3 Unit prices, if any, are as follows: Description N/A Units Price ($ 0.00) 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 each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: as above ~ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty-fifth day of a month, the Owner shall make payment to the Contractor not later than the Fifteenth 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 Thirty ( J.!L) 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 ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AlA 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 off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .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 Section 9.5 of AlA Document A201-1997. ~ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: AlA Document A101T11-1997. Copyright @ 1915, 1918, 1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:44:00 on 06/23/2006 under Order No.1000223751_1 which expires on 2/23/07, and is not for resale. User Notes: (1969227019) " .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 (Section 9.8.5 of AlA Document A20I-I997 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 Section 9.10.3 of AlA Document A20l-1997. ~ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) none ~ 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 when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a fmal 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: as above 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 A20l-1997. ~ 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A20l-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS ~ 7.1 Where reference is made in this Agreement to a provision of AlA Document A20l-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 any.) One percent ( 1.00% ) monthly (Usury laws and requirements under 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 and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AlA Document A101T11-1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AlAe Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:44:00 on 06123/2006 under Order No.1000223751_1 which expires on 2/23/07, and is not for resale. User Notes: (1969227019) ~ 7.3 The Owner's representative is: (Name, address and other information) Deputy Chief Mike Rogers 925 Laney-Walker Blvd. Augusta, GA 30901 Telephone Number: 706-821-1643 ~ 7.4 The Contractor's representative is: (Name, address and other information) Robbie Horton 4190 Crosstowne Ct. Evans. GA 30809 Telephone Number: 706-860-3846 ~ 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: none 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 AlOl-1997. ~ 8.1,2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A201-1997. ~ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August 04, 2005 , and are as follows Document See Attachment A Title Pages ~ 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: AugustalRichmond County Fire Station # 3. See Attachment B. Sectkm +itIe Pages ~ 8.1.5 The Drawings are as follows, and are dated August 04,2005 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: AugustalRichmond County Fire Station # 3. NYmber +itIe Date ~ 8.1.6 The Addenda, if any, are as follows: AlA Document A101T11-1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution 01 this AlAe Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:44:00 on 06/23/2006 under Order No.1000223751_1 which expires on 2/23/07, and is not for resale. User Notes: (1969227019) Number 1 2 Date 5/3/06 5/18/06 Pages 2 1 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: (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A20I- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) N/A This Agreement is entered into as of the day and year ftrst written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Co[]=e~fueowncr ~ ~ OWNER (8'g_,,) CONTR CTO (8;g-"".") Deke Copenhaver. Mayor (Printed name and title) Richard Horton. President (Printed name and title) AlA Document A101T11-1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AlA" Document, or any portion 01 It, may result In severe civil and criminal penalties, and wlll be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:44:00 on 06/23/2006 under Order No.1000223751_1 which expires on 2/23/07, and is not for resale. User Notes: (1969227019) Attachment A SECTION 00800 SUPPLEMENTARY CONDITIONS INTENT 1.01 These Supplementary Conditions amend and supplement the General Conditions defined in Document 00700 and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 1.02 The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. MODIFICATIONS TO AlA A201 2.01 ARTICLE 1 - GENERAL PROVISIONS A. Paragraph 1.1,3: ADD and INSERT: The word "product" between the words "materials" and "equipment", B. Paragraph 1.2: ADD SUBPARAGRAPH: "1.2.4 The drawings have been prepared on the basis of surveys and inspections of the site, and are intended to present an essentially accurate indication of the physical conditions at the site. This, however, shall not relieve the Contractor of the necessity for fully informing himself as to existing physical conditions including all applicable laws, ordinances, rules and regulations." 2.02 ARTICLE 2 - OWNER: A. Paragraph 2.1: ADD SUBPARAGRAPH: "2.1.3 The owner referred to herein is: Augusta, Georgia, a political subdivision of the State of Georgia" 2.03 ARTICLE 3 - CONTRACTOR A. Paragraph 3.4: ADD SUBPARAGRAPH: "3.4.4 Not later than thirty (30) days from the Contract Date, the Contractor shall provide a list of all products proposed for installation, including the name of the manufacturer of each, for approval by Owner and Architect. The list shall be tabulated by and be complete for each specification section. Where applicable, subcontractor"s names shall be included in such list. a. After the Contract has been executed, Owner and Architect will consider a formal request for the substitution of products in place of those specified, under the following conditions: b. The request is accompanied by complete data on the proposed substitution substantiating compliance with the Contract Documents including product identification and description, performance and test data, references and samples where applicable, and an itemized comparison of the proposed substitution with the products specified , or named by Addenda, with data relating to Contract time schedule, design and artistic effect where applicable, and its relationship to separate contracts. 2514 / Fire Station #3 00800 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 5 c. The request is accompanied by accurate cost data on the proposed substitution in comparison with the product specified, whether or not modification of the Contract Sum is to be a consideration. d. Requests for substitution based on Clause 3.4.4.1 above, when forwarded by Contractor to Architect, are understood to mean that Contractor: 1) Represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; 2) Will provide the same guarantee for the substitution that he would for that specified; 3) Certified that the cost data presented is complete and includes all related costs under this Contract, but excludes costs under separate contracts and Architect"s re-design costs and that he waives all claims for additional costs relating to the substitution which subsequently become apparent; and, 4) Will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects. e. Substitutions will not be considered if: 1 ) they are indicated or implied on shop drawing submissions without the formal request required above; or, 2) for their implementation they require a substantial revision of the contract documents in order to accommodate their use." 2.04 ARTICLE 4 - ADMINISTRATION OF THE CONTRACT A. Paragraph 4.1: ADD SUBPARAGRAPH: "4.4.4 The Architect referred to herein is: a. Virgo Gambill Architects b. 2531 Center West Parkway Suite 200 c. Augusta, Georgia 30909" B. Paragraph 4.4.5: Delete the sentence "The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration." C. Paragraph 4.4.6: Delete section. D. Paragraph 4.6: Delete section. E. Paragraph 4.6.1: Delete section. F. Paragraph 4.6.2: Delete section. G. Paragraph 4.6.3: Delete section. H. Paragraph 4.6.4: Delete section. I. Paragraph 4.6.5: Delete section. J. Paragraph 4.6.6: Delete section. 2.05 ARTICLE 7 - CHANGES IN THE WORK A. Paragraph 7.1: ADD SUBPARAGRAPH: "7.1.4 In determining the cost or credit to the Owner resulting from a change in the Work, by either Change Order or Directive, the allowances for overhead and profit combined, 2514/Fire Station #3 00800 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 5 included in the total cost to the Owner, shall not exceed these percentages as follows: a. For the Prime Contractor, for any work performed by his own forces, 15% of the cost; b. For the Subcontractor involved, for work performed by his own forces, 15% of the cost; c. For the Prime Contractor, for work performed by his Subcontractors, 7% of the amount due the Subcontractor." 2.06 ARTICLE 9 - PAYMENTS AND COMPLETION A. Paragraph 9.2: ADD SUBPARAGRAPH: "9.2.2 The Schedule of Values shall be prepared in such a manner that each major item of work and each subcontracted item of work is shown as a single line item on AlA Document G702A, Application and Certificate for Payment, Continuation Sheet." B. Paragraph 9.3: ADD SUBPARAGRAPH: "9.3.4 The form of Application For Payment shall be AlA Document G702, Application and Certificate for Payment, supported by AlA Document G702A, Continuation Sheet. a. Until the work is 50% complete, the Owner will pay 90 percent of the amount due the Contractor on account of progress payments. At the time the work is 50% complete, if the manner of completion of the work and its progress are and remain satisfactory to the Architect, and in the absence of other good and sufficient reasons, the Architect shall (on presentation by the Contractor of Consent of Surety) certify for payment to the Contractor half of the funds then held as retainage by the Owner. Thereafter, the Owner will pay 95% of the amount due the Contractor on account of remaining progress payments. b. The full contract retainage may be reinstated if the manner of completion of the work and its progress do not remain satisfactory to the Architect, (or if the Surety withholds his consent), or for other good and sufficient reasons." C. Paragraph 9.7.1: Delete the phase "...or awarded by arbitration," after "...the amount certified by the Architect". 2.07 ARTICLE 11.4 - PROPERTY INSURANCE A. Paragraph 11.4.1: Delete the phrase "Unless otherwise provided..." in the first line. Delete the first reference to the word "Owner" and substitute "Contractor" in the first line so it shall read, "The Contractor shall purchase and maintain...". B. Paragraph 11.4.1.2: Delete section. C. Paragraph 11.4.1.3: Delete section. D. Paragraph 11.4.2: Delete the first reference to the word "Owner" in the first line and substitute the word "Contractor" so the document will read, "The Contractor shall purchase and maintain boiler and machine insurance...". E. Paragraph 11.4.3: Delete the sentence ''The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused." F. Paragraph 11.4.4: Delete section. G. Paragraph 11.4.5: Delete section. H. Paragraph 11.4.6: Delete section. 2514 1 Fire Station #3 00800 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 5 I. Paragraph 11.4.7: Delete section. J. Paragraph 11.4.8: Delete section. K. Paragraph 11.4.9: Delete section. L. Paragraph 11.4.10: Delete section. 2.08 ARTICLE 11 - INSURANCE AND BONDS A. Paragraph 11.1.2: ADD SUBPARAGRAPH: "11.1.2.1 The insurance required by subparagraph 11.1.1 shall be written for not less than the following limits: a. Workman's Compensation - Statutory b. Employer"s Liability - $500,000 c. Comprehensive General Liability: 1) Bodily Injury - $1,000,000 2) Personal Injury - $1,000,000 d. Property Damage - $1,000,000 e. Automobile Liability: 1) Bodily Injury - $1,000,000 2) Property Damage - $1,000,000 f. Contractor's Protective Liability - Same limits as Comprehensive General Libility above. g. Products and Completed Operations Liability - Same limits as Comprehensive General Libility above for (2) two years minimum, commencing with issuance of Final Certificate for Payment. h. Contractual Liability - Same limits as Comprehensive General Libility above." B. Paragraph 11.1: ADD SUBPARAGRAPH: "11.1.4 Furnish two (2) copies of Certificates herein required; specifically set forth evidence of all coverages required by subparagraph 11.1.1 of the "General Conditions. The form of the Certificate shall be AlA Document G705. Furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits." C. Paragraph 11.2: ADD SUBPARAGRAPH: "11.2.2 A certificate of compliance shall he furnished to the General Contractor through the Architect. This insurance shall have a $100 "Deductible" on any insured loss and that the amount of this deductible and ANY other losses not specifically covered under the Owner's policy shall be borne by the General Contractor and/or his subcontractors. Loss of any tools, equipment, scaffolding, staging, towers, forms, machinery, etc. owned or rented by mechanics, or the Contractor or the Subcontractors, which are not intended to become a part of the project will not be covered; but it does cover damage to the building or contents because of theft or burglary. The General Contractor and/or his subcontractors must report any loss to the Owner as soon as the loss occurs in order that damage be assessed before job conditions are disturbed. Formal claims against this policy should be submitted within 21 days after occurrence." D. Paragraph 11.5.1: Delete the first reference to the word "Owner" and substitute the word "Contractor". Delete the phrase .....have the right to require the Contractor to..... in the first sentence. Delete the phrase .....stipulated in bidding requirements or specifically required in the 25141 Fire Station #3 00800 - 4 SUPPLEMENTARY CONDITIONS Page 4 of 5 Contract Documents on the date of execution of the Contract." and substitute the phrase "required by Georgia law." E. Paragraph 11.5: ADD SUBPARAGRAPH: "11.5.3 Prior to signing of Construction Contract, the Contractor must furnish Performance Bond, and Labor and Material Payment Bond covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Bonds must be executed in triplicate and issued at 100% of the Contract Amount for all coverages. The Performance Bond and the Labor and Material Payment Bond may be in one, or may be in separate instruments in accordance with local law; Surety Company Underwriting this document must be authorized to do business in the State of Georgia and must be acceptable to the Owner.The bond value requirements are as follows: a. Provide a 100 percent Performance Bond on AlA A312. b. Provide a 100 percent Payment Bond on AlA A311. c. Deliver bonds within 3 days after execution of the Contract." 2.09 ARTICLE 13 - MISCELLANEOUS PROVISIONS A. Paragraph 13.6: Delete section. B. Paragraph 13.6.1: Delete section. 2.10 ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT A. Paragraph 14.1.1: Delete number 3. B. Paragraph 14.1.3: Delete the phrase "... including reasonable overhead, profit and damages." 2.11 ADDITIONAL ARTICLE 15 - DEFINITIONS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work, but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Furnish or Supply: To supply and deliver, unload, inspect for damage. C. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and ready for use. D. Provide: To furnish or supply, plus install. END OF DOCUMENT 00800 2514 f Fire Station #3 00800 - 5 SUPPLEMENTARY CONDITIONS Page 5 of 5 . ' SECTION 00010 Attachment B TABLE OF CONTENTS DOCUMENTS 0 -- INTRODUCTORY INFORMATION, BIDDING REQUIREMENTS, AND CONTRACT REQUIREMENTS 00001 - PROJECT TITLE PAGE 00015 - LIST OF DRAWINGS 00100 - BID SOLICITATION 00200 - INSTRUCTIONS TO BIDDERS 00410 - BID FORM 00500 - AGREEMENT 00600 - BONDS AND CERTIFICATES 00700 - GENERAL CONDITIONS 00800 - SUPPLEMENTARY CONDITIONS DIVISION 1 -- GENERAL REQUIREMENTS 01100 - SUMMARY 01210 - ALLOWANCES 01300 - ADMINISTRATIVE REQUIREMENTS 01325 - CONSTRUCTION PROGRESS SCHEDULE 01330 - DELAYS AND TIME EXTENSIONS 01500 - TEMPORARY FACILITIES AND CONTROLS 01600 - PRODUCT REQUIREMENTS 01780 - CLOSEOUT SUBMITTALS DIVISION 2 - SITE CONSTRUCTION DIVISION 3 -- CONCRETE 03300 - CAST -IN-PLACE CONCRETE DIVISION 4 - MASONRY 04065 - MORTAR AND MASONRY GROUT 04080 - HORIZONTAL MASONRY JOINT REINFORCEMENT 04210 - BRICK MASONRY UNITS 04220 - CONCRETE MASONRY UNITS 04720 - CAST STONE 25141 Fire Station #3 00010 - 1 Page 1 of 3 TABLE OF CONTENTS " DIVISION 5 -- METALS 05500 - METAL FABRICATIONS DIVISION 6 -- WOOD AND PLASTICS 06067 - HIGH PRESSURE DECORATIVE LAMINATES 06200 - FINISH CARPENTRY 06410 - CUSTOM CABINETS DIVISION 7 -- THERMAL AND MOISTURE PROTECTION 07900 - JOINT SEALERS DIVISION 8 -- DOORS AND WINDOWS 08110 - STEEL DOORS AND FRAMES 08410 - ALUMINUM-FRAMED STOREFRONTS 08710 - DOOR HARDWARE DIVISION 9 -- FINISHES 09300 - TILE 09511 - SUSPENDED ACOUSTICAL CEILINGS 09650 - RESILIENT FLOORING 09900 - PAINTS AND COATINGS DIVISION 10 -- SPECIALTIES - NOT USED 10420 - METAL LETTERS DIVISION 11 -- EQUIPMENT 11005 - MISCELLANEOUS EQUIPMENT 11400 - FOOD SERVICE EQUIPMENT DIVISION 12 -- FURNISHINGS - NOT USED DIVISION 13 -- SPECIAL CONSTRUCTION - NOT USED DIVISION 14 -- CONVEYING SYSTEMS - NOT USED DIVISION 15 -- MECHANICAL 15000 - GENERAL MECHANICAL PROVISIONS 15050 - BASIC MECHANICAL MATERIALS AND METHODS 15051 - EXCAVATION, TRENCHING AND BACKFILL 15100 - VALVES 15135 - METERS AND GAGES 25141 Fire Station #3 00010 - 2 Page 2 of 3 TABLE OF CONTENTS /.' ,. 15145 - HANGERS AND SUPPORTS 15170 - MOTORS 15171 - MOTOR CONTROLLERS 15250 - MECHANICAL INSULATION 15411 - WATER DISTRIBUTION PIPING 15420 - DRAINAGE AND VENT PIPING 15430 - PLUMBING SPECIALITIES 15440 - PLUMBING FIXTURES 15496 - NATURAL GAS PIPING 15850 - AIR HANDLING 15855 - DIFFUSERS, REGISTERS, GRILLES AND LOUVERS 15889 - RANGE HOOD SYSTEMS 15891 - METAL DUCTWORK 15910 - DUCT ACCESSORIES 15975 - CONTROL SYSTEMS EQUIPMENT 15985 - SEQUENCE OF OPERATION 15990 - TESTING, ADJUSTING AND BALANCING DIVISION 16 -- ELECTRICAL 16000 - GENERAL 16020 - RACEWWAYS 16030 - CONDUCTORS 16040 - OUTLETS 16050 - WIRING DEVICES AND DEVICE PLATES 16060 - LIGHTING FIXTURES AND LAMPS 16100 - PULL BOXES AND JUNCTION BOXES AND FITTINGS 16110 - GROUNDING 16130 - DATANOICE CONDUIT AND OUTLET SYSTEM 16175 - FIRE STOPPING 16190 - ENGINE GENERATOR SET 16220 - CONSTRUCTION REVIEWS, INSPECTION AND TESTING END OF TABLE OF CONTENTS 2514 1 Fire Station #3 00010 - 3 Page 3 of 3 TABLE OF CONTENTS Attachment C SECTION 00015 LIST OF DRAWINGS A-1.0 EXISTING AND DEMOLITION PLAN A-1.1 NEW FLOOR PLAN A-2.0 ELEVATIONS AND DETAILS A-3.0 DOORIWINDOW SCHEDULE AND DETAILS P-1.0 PLUMBING NEW WORK PLAN M-1.0 HVAC PLAN M-2.0 HVAC DETAILS & SCHEDULES E-1.0 LEGEND, NOTES & FIXTURE SCHEDULE E-1.1 ELECTRICAL DRAWINGS E-1.2 ELECTRICAL DRAWINGS END OF LIST OF DRAWINGS 2514 1 Fire Station #3 00015 -1 Page 1 of 1 LIST OF DRAWINGS ,... ... THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.6422576 AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Continental Construction Company, Inc. P.O. Box 204198 Augusta, GA 30917 OWNER (Name and Address): City of Augusta 530 Greene Street, Room 605 Augusta, GA 30911 CONSTRUCTION CONTRACT Date: June 21,2006 Amount: ($ 223,718.00 ) Two Hundred Twenty Three Thousand Seven Hundred Eighteen Dollars and 00/100 Description (Name and location): Renovate Fire Station NO.3 for Augusta Fire Department SURETY (Name and Principal Place of Business): Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 BOND Date (Not earlier than Construction Contract Date): June 29, 2006 Amount: ($223,718.00 ) Two Hundred Twenty Three Thousand Seven Hundred Eighteen Dollars and 00/100 Modifications to this Bond: I[] None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: Continental C Signatu re: Name and Title: lUch.a.JUi. L. liodon, p/U!./.)ident (Corporate Seal) SURETY Company: colnsur Duainette H. Cullum Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMA nON ONi Y-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or BB&T Boyle-Vaughan Insurance. other party): P.O. Box 8628 Virgo Gambill Architects Columbia, SC 29202 2531 Center West Parkway, Suite 200 803-748-0100 Augusta, GA 30909 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA QlI THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING . ~RCH 1987 A312-1984 1 " 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 Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason. able time to perform the Construction Contract, but such an 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 de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub. paragraph 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 accor. dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para. graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 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 Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared 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 ex. cess 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 deter- mined, 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 after 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 Ovvner. 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 Const ruction Contract. To the limit ot the amount ot this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation ot costs and damages on the Construction Contract, the Sure. ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting 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 dam- ages caused by delayed performance or non-perfor- mance of the Contractor. . 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction 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, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any cOllrt 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 Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT 80ND . DECEMBER 1984 ED. . AlA ,~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEw YORK AVE., N.W.. WASHINGTON. D.C. 20006 THIRD PRINTING. M^RCH 1987 A312-1984 2 " able 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 sig- nature 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 shall be deemed deleted herefrom and provisions con- forming 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 Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be receiyed by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. . 12.3 Contractor Default: Failure of the Contra<;:tor, which has neither been remedied nor waived, to per- form 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 Con- tractor 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 Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Add ress : AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA -!l THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE.. N.W., WASHINGTON. D.C. 2000& THIRD PRINTING. MARCH 1987 A312.1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 6422576 AlA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMUL TANEOUSL YWITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Continental Construction Company, Inc. (Here insert full name and address or legallille of Contractor) P.O. Box 204198 Augusta, GA 30917 as Principal, hereinafter called Principal, and, Safeco Insurance Company of America (Here insert full name and address or legallille of Surety) Safeco Plaza, Seattle, WA 98185 as Surety, hereinafter called Surety, are held and firmly bound unto City of Augusta (Here insert full name and address or legal title of Owner) 530 Greene Street, Suite 605 Augusta, GA 30911 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred Twenty Three Thousand Seven Hundred Eighteen Dollars and 00/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 223,718.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 21, 2006 for (Here insert full name, address and description of project) Renovate Fire Station NO.3 for Augusta Fire Department , entered into a contract with Owner in accordance with Drawings and Specifications prepared by Virgo Gambill Architects (Here insert full name and address or legal title of Architect) 2531 Center West Parkway, Suite 200 Augusta, GA 30909 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. A1ADOCUMENTA311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @ FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 1 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, 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: .. By fiJ) i-t7 Ri.ch.aAd L. Holdon (TIt/e) p 1l.Mi..den.t 1. A claimant is defined 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 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 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 final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the 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 performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed Signed and sealed this 29th ATTEST: BY:~ Q)JQ (Witness) ~.o... WITNESS: By: ~:?fl~ I 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 (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 permitted by such law. e) Other than in 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 or 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. day of June, 2006. Continental Construction Company, Inc. (PrincipaO (Seal) Safeco Insurance Company of America (Surety) (Seal) By: illuQj~ J:>( ~ (Tit/e) Duainette H. Cullum Attorney-in-Fact AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA @ FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 2 ,. -- ~~ POWER OF ATTORNEY Saleco Insurance Companies PO Box 34526 Seattle, WA 98124-1526 6744 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint No. ******DELLA B. CASE; TONY A CROWE; DUAINETTE H, CULLUM; WESLEY V. DASHER, JR.; FRANK W. HAFNER, JR.; ALFRED T, JOHNSON; ROBERT J. LAVISKY; JANE MCCOY; JENNIFER C. NEWMAN; MARIAN C. NEWMAN; Col urn bia, South Carol ina********************************************************************************** its true and lawful attorney(s)-In-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued In the course of its business, and to bind the relipective company thereby. IN WITNESS WHEREOF, SAFE CO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 19th September 2005 this day of ~Jfj4~ ~ STEPHANIE DALEY-WATSON SECRETARY MIKE PETERS. PRESIDENT. SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FI,DELlTY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any.certlficate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (iI) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREO:,: h>Yo h...u~.n. .n' nff;x.' Ih..::'::mIlO .n.' , ,~~. ~~f:l3~ STEPHANIE DALEY-WATSON, SECRETARY S-0974/D8 4/05 Safeco@ and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF ACORQM PRODUCER (706)650-6000 Blanchard & Calhoun Ins POBox 212359 Augusta, GA 30917-2359 FAX (706)650-6001 Agency, Inc. DATE (MM/DDIYYYY) 06/29/2006 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. CERTIFICATE OF LIABILITY INSURANCE INSURED Continental Construction Co. Po Box 204198 Augusta, GA 30917-4198 INSURERS AFFORDING COVERAGE INSURER A: Cincinnati Insurance Company INSURER B: American Interstate INSURER C: INSURER 0: INSURER E: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ ~~V;l ---- TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CPP5524455AWR 02/01/2005 02/01/2008 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 500,000 ~ CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 5,OOe A - 1,000,OO(J PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ 2,000,000 - I,OOO,OO(J GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ "I .nPRO- n - POLICY JECT LOC AUTOMOBILE LIABILITY CPP5524455 02/01/2006 02/01/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea acadent) $ 1,000,OO(J - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) A - X HIRED AUTOS BODILY INJURY X $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS."..IMBRELLA LIABILITY CCC4392725 02/01/2005 02/01/2008 EACH OCCURRENCE $ 5,000,OO(J Xl OCCUR D CLAIMS MADE AGGREGATE $ 5,000,OO(J A $ ~ DEDUCTIBLE $ X RETENTION $ ( $ WORKERS COMPENSATION AND AVWCGAI064702002 01/01/2006 01/01/2007 X I ~~~T~Jg.~,,1 IOFT~- EMPLOYERS' LIABILITY I,OOO,OO(J B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ I,OOO,OO(J If yes, describe under 1,000,00(J SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ Bmt'hERS RISK - ALL CPP5524455AWR 02/01/2005 02/01/2008 $5,000,000 LIMIT A RISK $1,000 DEDUCTIBLE - - - DESCRIP'jt OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS - .- EASED RENTED EQUIPMENT: $50,000 LIMIT WITH $500 DEDUCTIBLE -' -. ',., .. l.' ,- .~...'." -.~.-,.,......-........,~...,....-. -,.,-",. ~.- '" ~. ., CERTIFICATE HOLDER AUGUSTA, GA A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA 530 GREENE ST AUGUSTA, GA 30901 CANCELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER 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 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Preston Moss/MAR ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)