HomeMy WebLinkAboutJULIAN SMITH CASINO RENOVATION
Document AtO1™ - t997
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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.
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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
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BN-1005(8/04)