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HomeMy WebLinkAboutJULIAN SMITH CASINO RENOVATION Document AtO1™ - t997 'f'" ....' Itv .. '0 rmation) ttlo k~rr.-. ~ eOfi351iclatea C8'.'~R:UJle~t This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do notuse.with other general cOf)di!iOns~nless this documenf is modified. ',' This docUment has been ,approved and endorsed by The ,', "'Associated General Contractors of America. 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supp!ementary and other. Conditions), Drawings, Spec!fications,.Addenda issued prior to execution of this ;\greemen~ oth,5rqoc~Illents listed in th!s t and Modifications issued'~f~er execution of this Agreement; these form the Contract, and are asJully a part of the if attacheqto this i}greement orrepeatedherein. The Contract represents the entire anq integrated agreement eparties heretoand'sul?ersedes prior negotiations, representations or agreements, 5!twnuenor oral. An on of the Contract Documents, other than Modifications, appears.in Article 8. .., E 2 THE WORK OF THtS CONTRACT.,;<:~;i< ". ontractor shalHully~xec~te the Work described in the Contract D09HIll~n~s;except to the extehtspeCifically indicated e Contract Docu tstOj5e the responsibility of others. . ' , , ,'.-.-.....,..,.',.....__..,..........,... '.:.;:::-,.::;::::<',"':;:-:',-:.:,.:';'::::'.',: ;:;:::/-{:::.:':;:;.'-,'.--,,--: ENCEMENTAND SUBST ANTIAb8~M~LE'Ti6N mept of the Work shalLbe the da!.eofihis Agreementuhless a different date ,is stated below or te to De fIxed in a notice toiproceed issued by the Owner. ement ifitdiffersfrom the date of this Agreement or, if appl~~able,statethat ~~e datel;Vil?, be tsh';lllbe stipulated in the notice to proceed. mortgages, ,mechanic's liens and other security eve Substanti,al Completion of the entire 120 days n ows: ely, a calendar date may be used when coordinated withthedate of in the Contract Documents, insert any requirements for earlier ,Substantial ork.) tract Time as provided in the Contract Documents. ated damages relating tqJailure to complete on time or for bonus payments for early ($ 274,000 ,~8~;~gM halt. pay the Contractor the Contract Sum in shall be Two-Hundred Seventy-Four Thousand ), subject to aqditions, and (leductions as performance oftheCqntract. Dollars AIADocumentA101.Thl 1997. Copyright @1915,1918,1925,1937,1951,1958,1961,1963, 1967,1974, 1977,1980, 1987, 1991 and 1997byThe Americ~r1Ir1stitute otArchitects.,;AUrightsreserve~. WARNING: ThisAIA~ Document is protected by u.s, Copyright Law an~ Internatip'1al T~eatl~, l.1nauthorize<i,reproduction prdistributiOl1ofthlsAIA~. Document, or any portion of It, may result In severe civil and crimirl,alpElnalties, and will be prollecuted tO~l1e,maxJmum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies otthis document when completed. To report copyright violatior1s of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~4.2.The ContractSpnfis based upon. the following altemateS,ifany, whicharedescribedi~ the Contract Documents. and are hereby. accepted by the Owner: (State the numbers orotherddentification of accepted alternates. Ifdecisionson other alternates are to be made by the bsequent to the execution of this Agreement, attach a. schedul(!of sl$ch other alternates showing the amountfor thedate..when that amount expires) $262,200 $ 4;800 $ 4,500 $ 2 500 274,000 CertificatesJor Payment Sum to the Contractor as 1cation forpayrnentshall be one. calendar month ending on the last day of the month, for PaYI))ellt i~ received by the Architect not later than the First ake paymentto the Contractor notl~ter than the Fifteent~ day of lication forPaymen.t isreceived by the Architect after the application date fixed above, ruoUater than FIfteen (15) days after the. Architect ayment. .,....'. ,.,-,.... .:.......-.'...... ;<.:./.'~:.:.:.: . ..... ".:.: ....,.. .:.:.:.:.:.:....:.,....:.; for Payment shalll?e ba~~d ~~il1e most recent schedule of values submitted by !h~Ccintractor in rdanc tract DocumeI}ts;J'ht;schedule of values shall allocate the entire ContractSiiin aIDOng the various portions of the Work. The scheduleofYaJties shall be prepared in such form and supported bYl;uchdatalo substantiate its chitect mayreqUire:' This schedule, unless objected to by the Archite!::!;shallbe used as a basis for tractor's ~pplidltions for Payment. .. . .:.:.;,. "":',:,:,;':"', ":':',- :-:.,-,-:..:'::::.,:', ":'~"""';':':':'::.:::.:<<-;.:. .,.............:.....'... ........'-.::............... -. ----, .-, ..........-------- '-",. ... ....:... -:. -:"""""":'.-.'... ,................ ........... ...-.-.......-....................,,-. :..,...,..:..................:.....,.......... .........-.-..............,.,........._".............. - - - -. .....,...-- ,.....,.........--......---...-.-....... ....................,. .. .,...........,,,..... ......- -.~ . ....:.-..----....'...,.......; ........ ......,.; .-....'-:--..'......'........ ..:::....'.....-:.::.:..... ..'..... s for Payment shall indicate the percentage of completion ~f each portion of the Work as of the end of the y the Application for Payment. . . .. . AlA Document A101Thl -1997. Copyright @ 1915, 1918,1925,1937,1951,1958,1961,1963,1967,1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAfI!} Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distrIbution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~ 5.1.6 Subject to other pfovisions of the Contract Documents, the amount of each progress payment follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as.detenm percentage completion of each portion of the Work by the share of the Contract Sum allocate 0 of the Work in the schedule of values, less retainage of'percent ( Pending final determination of cost to the Owner of changes in the Work, amo.ot in disp included as provided in Section 7.3.8 of AlA Document A201Q997; .. Add that portion of the Contract Sum properly allocable to materials ... stored at the site for subsequent incorporation in the completed construction r, if the 0 suitably stored off the site at a location agr5eq upon in writing), less retai HI %); . . ggregate of previous payments wade by the Owner; and proval, the Contractor shall not make advance payments tosuppli~rs for m livered arid stored at the site: .... .. e entire unpaid balance. of the Contract Sum, shall be made by the Owner to t , . >::.:->:::;- _-:-:-.'--.-;-:::::-- ctor has fully perfornlf:d tl1eContract except for the Contractor's responsi III Section 12.2.2?ffJA Document A20 1-1997, and to satisfy other req extend beyond final. paYplent; and ."...-, ,-.-.' .,....,.. al C~rti:qpaterbr Paymen! has been issued by the Architect. payment to the Contractor shall be made no or Payment, or as follows: AlA Document A101Thl-1997. Copyright @ 1915, 1918, 1925, 1937, 1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 b American Institute of Architects. All rights reserved. WARNING: This AIA(lJi Document is protected by U.S. Copyright Law and Unauthorized reproduction or distribution of this AIAI/Ii Document, or any portion of it, may result In severe civil and c prosecuted to the maximum extent possible under the taw. Purchasers are permitted to reproduce ten (10) copies of this document when' comp ete report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.'" ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS i 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, ment AlOl"1997. e General Conditions are the 1997 edition of the General Conditions of the COIl1:raFtNf€onstruction, AlA t A201c1997. Title . .... he Supplementary and o~her Conditions of the Contract are are as follows nary 20t , 2005 the Project Manual dated as in Section 8.1.3, and are asfollows: this Agreement.) Pages e dated an exhibit attached to this Agreement.) Site Plan Title Demolition Plan Date Grading Plan Staking Plan Outdoor Seating Details Arbor, Terrace & Landing Details Landscape Plan Irrigation Plan Landscape & Irrigation Details Casino Partial Floor Plan & Details Electrical Legend Electric~tlUoor Plan & Details El.e'lfl'i'liltSchedule & Riser /.n D9te March 22, 2005 March 29, 2005 Pages unless a different date is shown below: January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 January 20, 2005 Portions of Addenda relating to. bidding requirements are not part of the Contract Documents unless the bidding requiremepts are also enumerated in this Article 8. AlA Document A101Thl-1997. Copyright @ 1915, 1918, 1925, 1937, 1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 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 Unauthoriz ribution of this AlA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted nt possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright viola Ions 0 ontract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~ 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-I997 provides that bidding requirements such as advertisement or invitation to bid, Instruction;; to Bidders, sample forms and the r's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here ded to be partof the Contract Documents.) s of the day and year first written above and is executed in at least three original copies, of e Contractor, one to the Architect for use in the administration of the Contract, and the ~q tI""I-1,1~ - P/3...~/De:-AJr (Printed name and title) CAUTION: You should sign an original AlA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AlA Document A101Thl-1997. Copyright @ 1915,1918,1925,1937,1951,1958, 1961, 1963, 1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects, All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIAContract Documents, e-mail The American Institute of Architects'legal counsel, copyright@aia.org. 7 SECTION NUMBER INDEX TO SPECIFICATIONS TITLE DIVISION 1 - CONDITIONS OF THE CONTRACT SECTION A SECTION B SECTION C SECTION D SECTION E SECTION F SECTION 0 SECTION H SECTION I SECTION J Advertisement for Bids by AugustalRichmond County Information for Bidders Bid Proposal Form Bid Bond Standard Form of Agreement AlA 101 PerformanceBond AlA 312 Payment Bond General Conditions AlA 201 Modifications to the General Conditions Contract Closeout DMSION 2 - TECHNICAL SPECIFICATIONS 02000 02100 02110 02200 02441 02487 02490 02515 02980 03300 16000 16010 16015 16020 16030 16040 16050 16060 16090 16100 16110 16120 16175 16220 Site Work Site Preparation Demolition Earthwork Irrigation System Sodding Trees, Plants, and Ground Covers Concrete Curbs, Walks, and Paving Landscape Accessories Cast-In-Place Concrete General Lighting & Power Panel boards Fuses " Raceways Conductors Outlets Wiring Devices & Device Plates Lighting Fixtures & Lamps Photo Control & Contractor Pull Boxes and Junction Boxes and Fittings Grounding Equipment Identification Fire Stopping Construction Reviews Inspection and Testing PAGES IFB-l to IFB-7 C-l to C-2 D-I to D-2 1 to 8 A312-19841 toA312-19843 0-1 to 0-2 1 to 38 1-1 to 1-4 J-l to J-2 02000-01 to 02000-02 02100-01 to 02100-04 02110-01 to 02110-02 02200-0 I to 02200-08 02441-01 to 02441-10 02487-01 to 02487-05 02490-01 to 02490-10 02515-01 to 02515-08 02980-01 to 02980-01 03300-01 to 03300-11 16000-1 to 16000-10 16010-1 to 16010-3 16015-1 to 16015-2 16020-1 to 16020-5 16030-1 to 16030-3 16040-1 to 16040-2 16050-1 to 16050-4 16060-1 to 16060-3 16090-1 16100-1 16110-1 to 16110-5 16120-1 16175-1 to 16175-6 16220-1 to 16220-2 EXHIBIT A 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 inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the OWner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwi thstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. END OF SECTION 9 THE CINCINNATI INSURANCE COMPANY APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 (December 1984 Edition) Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Ammar Construction Co., Inc. Post Office Box 1877 Evans, GA 30809 OWNER (Name and Address): (Jw &e4A..Ci:i A f) ~ Augusta Coffil'flisgiot:) . 530 Greene ~treet, Room 605 Augusta, GA 30911 CONSTRUC:1.ION CDNT~CT "r" Date: M~ C9t (J...OOl.) Amount: $~74,000.00 Description (Name and Location): Lake Olmstead/Julian Smith Casino Project for Augusta Recreation & Parks Dept. BOND Date (Not earlier than Construction Contract Date): r\ At C9,;}O b~ Amount: $274,000.00 Modifications to this Bond: ~ None 0 See Page 3 SURETY (Name and Principal Place of Business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD CINCINNATI. OHIO 45014-5141 (Corporate Seal) Tony Ammar President (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Roy Scarborough & Assocs., Inc. other party): Davis Design Group P. O. Box 10106 120 Fifth Street Augusta, GA 30903-2706 Augusta GA 30901 706-722-8338 ' 5-21 OO-AIA-A312 (6/87) PERFORMANCE BOND 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 bv the Owner resulting from the Contractor's default; o~ 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 payrnent therefor to the Owner; or .2 Deny liability in whole or in part and notirv the Owner citing reasons therefor, 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Suretv shall bp deenwd to be in default on this Bond fifteen days after recPlpt of an additional written notice from the Owner to the Su relv demanding that the Surety perform its obligatiOn-, under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Suretv proceeds as' provided in Subparagraph 4.4, and the Owner retuses the payment tendered or the Surety has denied liabilitv, In whole or in part. without further notice the Owner shall be entitled to enforce any remedy available to the Owner, 6 After the Owner has terminated the Contractor's right to complete the Construction Contract. and if theSurety elects to act under Subparagraph 4,1, 4.2, or 4,\ 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 ot the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the 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 court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two vears after the Contractor ceased working or within two y~ars 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- 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 ha",e been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, 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 Contractor, 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) ~u Signature: ~ Nome ond T~e'.,f, ~ Address: <f'.O ' !}SOX I ~77 .:t:.vaM--J G-1}-"3.-o g €>9 ---- SURETY Company: (Corporate Seal) THE CINCINNATI INSURANCE COMPANY Signature: Name and Title: Add ress: A312-1984 3 THE CINCINNATI INSURANCE COMPANY APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 (December 1984 Edition) Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Arnmar Construction Co., Inc. Post Office Box 1877 Evans, GA 30809 SURETY (Name and Principal Place of Business): THE CINCINNA11 INSURANCE COMPANY 6200 S. GILMORE ROAD CINCINNATI, OHIO 45014-5141 OWNER (Name and Address): ~OI}. Cr( .4- ~ Augusta Qomrm "LC::l nn 530 Greene Street, Room 605 Augusta, GA 30911 CONSTRU~TJON CONTRACT Date: fl.h-( G \ ~.c!> 1) 6' Amount: $274,000.00 Description (Name and Location): Lake Olmstead/Julian Smith Casino Project for Augusta Recreation & Parks Dept. BOND Date (Not earlier than Construction Contract Date): 11J<t Ctd-60 ~ Amount: $274,000.00 Modifications to this Bond: XX None D See Page 6 CONTRACTOR AS PRINCIPAL Company: AmIDar Construction Signature: -~ Name and Titl . (Corporate Seal) nc. Tony Ammar President (Any additional signatures appear on page 6) (FOR INFORMA nON ONL V-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Roy Scarborough & Associates, Inc. other party): Davis Design Group P. O. Box 10106 120 Fifth Street Augusta, GA 30903-2706 Augusta, GA 30901 706-722-8338 S-2150-AIA-A312 (6/87) PAYMENT BOND A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference, 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims demands, liens or suits to the Contractor and th~ Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be . null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due, 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof. to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond, By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris~ diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.23, or (2) on which the last laboror service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this A312:1984 5 II THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a coi-poration organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Roy Scarborough, Jr.; Eugene A. Cronic; Suzy M. Dekle; Alicia J. Rhoades; Joshua H. Bolin and/or James C. Channell of Augus ta, Georgia its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Fifteen Million and No/100 Dollars ($15,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be.hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. ' "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President this 1st day of August, 2004. 2'~CECOMPANY g,nio, Vi" P=id~ STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 1st day of August, 2004, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. ,'1'''....,'6 ", A l 0',," !Io'~ ,..~\ . .,~, i''O '\.~.., 'l f;;: $\WV~ ,,\ 5*\ .*s i ~Ol \ "'"" ~_I ...~ "1.... 0 ,~ ~"#. ' e o~ ~.....<J ,'",............- I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. ./iIL MARK J. H LLER, Attorney at Law NOTARY PUBLIC- STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. this ~c9~.u~ BN-1005(8/04)