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HomeMy WebLinkAboutPINNACLE USA INC TERMINAL BUILDING RENOVATION DANIEL FIELD Y ,} ® TM Document AIOITM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum 1 AGREEMENT made as of the Twenty -third day of September in the year Two Thousand Ten (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) This document has important legal consequences. Consultation Augusta, GA, a political subdivision of the State of Georgia with an attorney 530 Greene Street, Room 801 is encouraged with respect to Augusta, GA 30911 its completion or modification. AIA Document A201 TM' -2007, General Conditions of the and the Contractor: Contract for Construction, is (Name, legal status, address and other information) adopted in this document by reference. Do not use with other Pinnacle USA, Inc. general conditions unless this document is modified. PO Box 7338 Athens, GA 30604 Telephone Number: 770- 725 -8140 Fax Number: 770 -725 -8145 for the following Project: (Name, location and detailed description) Terminal Building Renovation and Expansion, Daniel Field Augusta, GA The project is a renovation and expansion of the general aviation terminal building at Daniel Field airport. The Architect: (Name, legal status, address and other information) Virgo Gambill Architects, PC 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. (nit. AIA Document A101 T" — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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. This document was produced by AIA software at 08:53:05 on 09/23/2010 under Order No.9333667131_1 which expires on 09/21/2011, and is not for resale. User Notes: (1949783369) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as 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 be fixed 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 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 ' ` day^ from the dato of - - :Two hundred seventy ( 270) days from the date of commencement. The contractor agrees to provide substantial completion of the project not later than 270 consecutive calendar days beginning from date of "Notice To Proceed ". 30 consecutive calendar days for inspection and abatement of asbestos and lead paint and 240 consecutive calendar days for construction. Init. AIA Document A101 — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Alik Document is protected by U.S Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this Ale 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. This document was produced byAIA software at 08:53:05 on 09/23/2010 under Order No.9333667131_1 which expires on 09/21/2011, and is not for resale. User Notes: (1949783369) (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date N/A , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion 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 $300.00 for each consecutive calendar day after expiration of the contract completion time, except for authorized extensions of time by the Owner. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Four Hundred Ninety -four Thousand Three Hundred Sixty -eight Dollars and Zero Cents ($ 1,494,368.00 ), subject to additions and deductions as provided in the Contract Documents. • Base bid $1,349,000 and Alternate No. Six $145,368 = $1,494,368.00 § 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 the bidding or proposal documents permit the Owner to accept other alternates 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.) Alternate No. Six — ADD $145,368.00 to the base bid for finishing second floor. Provide new restrooms, janitor's closet and all required mechanical, electrical and plumbing items shown in alternate drawings LS1.1 ALT, A2.4 ALT, A3.1 ALT, A5.0 ALT, A9.3 ALT, IN1.2 ALT. IN2.1 ALT, FP2.2 ALT, M2.1 ALT, M2.2 ALT. P2.2 ALT, P2.3 ALT, E2.0 ALT, E2.1 ALT, and E3.0 ALT. § 4.3 Unit prices, if any: (Identify and state the unitprice; state quantity limitations, if any, to which the unitprice will be applicable.) Item Units and Limitations Price Per Unit ($0.00) 880 lineal feet should be provided for Each additional lineal $41.00 foot 4 44 piers overall. If extra lineal feet are 880 piers lineal feet errs s required, contractor will provide a unit for 44 p overall. price for each additional lineal foot. § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price Custom cabinets $25,000 Landscaping $10,000 Abatement of asbestos & lead paint $20,000 ASOS Equipment relocation $5,000 ASOS Equipment return $5,000 Init. AIA Document A101 — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 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. This document was produced by AIA software at 08:53:05 on 09/23/2010 under Order No.9333667131_1 which expires on 09/21/2011, and is not for resale. User Notes: (1949783369) 4 . 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 of the certified amount 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 ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 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 show 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 7.3.9 of AIA Document A201TM -2007, General Conditions of the Contract for Construction; .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 AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -2007 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 AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: wit 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.) Init. AIA Document A101" — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 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. This document was produced by AIA software at 08:53:05 on 09/23/2010 under Order No.9333667131_1 which expires on 09/21/2011, and is not for resale. User Notes: (1949783369) none § 5.19 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 AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: as above ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) N/A § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) x Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. AIA Document A101 TM - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 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. This document was produced by AIA software at 08:53:05 on 09/23/2010 under Order No.9333667131_1 which expires on 09/21/2011, and is not for resale. User Notes: (1949783369) § 8.2 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.) as above % per annum § 8.3 The Owner's representative: (Name, address and other information) Steven Gay and Becky Shealy Augusta Aviation, Inc. Daniel Field Airport 1775 Highland Ave Augusta, GA 30904 Telephone Number: 706 -733- 8970 § 8.4 The Contractor's representative: (Name, address and other information) Kendrick Hall, Vice- President Pinnacle USA, Inc. PO Box 7338 Athens, GA 30604 Telephone Number: 770 -725 -8140 Fax Number: 770 - 725 -7145 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other p rovisions: None ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. I § 9.1.3 The Supplementary and other Conditions of the Contract: Contract are those contained in the project manual dated May 21, 2010, and are as follows: Document Title Date Pages Section 00 72 00 General Conditions May 21, 2010 1 Section 00 73 00 Supplementary May 21, 2010 5 Conditions § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) contained in the project manual dated May 21, 2010 Section Title Date Pages Section 00 01 11 Table of Contents May 21, 2010 5 Init. AIA Document Al 01 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U,S. Copyright Law and International Treaties. Unauthorized 6 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 t maximum extent possible under the law. This document was produced by AIA software at 08:53:05 on 09/23/2010 under Order No.9333667131_1 which expires on 09/21/2011, and is not for resale. User Notes: (1949783369) t . This Agreement entered into as of the day and year first written above. pr j t- 1 i O "' / jW � N . ER (Signature) CONTRACTOR (Si : re) t fl , KK r /7 p kt vv r 1 1 j Kendrick Hall, Vice- President (P rinted name a d title I j^ ::: (Printed name and title) A ttest C l erk of Co m1ss� Q ® o °• ®� ( , fp ,.� s e ri ST. 0 , �� ®° o 199G ®0• \! Go I, ''' � 14 1k GEORGI �''v AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this Ale 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. This document was produced by AIA software at 08:53:05 on 09/23/2010 under Order No.9333667131_1 which expires on 09/21/2011, and is not for resale. User Notes: (1949783369) ! Document A3I2TM - 2010 Payment Bond Bond No. K08012362 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: Pinnacle USA, Inc. Westchester Fire Insurance Company, The author of this document has PO Box 7338 " State of Incorp: New York completion. The author may also added information needed for its Athens, GA 30604 436 Walnut Street Philadelphia, PA 19106 have revised the text of the original AIA standard form. An Additions and OWNER: Deletions Report that notes added information as well as revisions to the (Name, legal status and address) standard form text is available from City of Augusta, GA the author and should be reviewed. A 530 Greene Street, Room 605 vertical line in the left margin of this Augusta,' GA 30901 document indicates where the author has added necessary information CONSTRUCTION CONTRACT and where the author has added to or Date: September 23, 2010 deleted from the original AIA text. Amount. $ 1494,368.00 This document has important legal Description: (Name and location) consequences. Consultation with an D aniel Field Airport Terminal Renovations & Additions to its completion or modification. Any singular reference to Contractor, BOND Surety, Owner or other party shall be Date: considered plural where applicable. (Not earlier than Construction Contract Date) September 28, 2010 Amount: $ 1,494,368.00 Modifications to this Bond: I X I None I I See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Pinnacle USA, Inc. Westchester Fire Insurance Co. Signature: er • II Signature: �.l.� - (QLt�L4 lm 1r..J � I Narne and Jo " Hall, President Name and r Pecora- Barbour, Title: Title: Attorney in -Fact (Any addition, • natures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) The Barbour Group, LLC Virgo Gambill Architects, PC 20 Liberty Street, #2D 2531 Center West Parkway, Suite 200 Westminster, MD 21157 Augusta, GA 30909 Telephone Number: 410- 876 -9610 Telephone Number: 706 - 736 -3661 AIA Document A312T" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 1 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at t 11:22:44 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (1513191759) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non - payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:22:44 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (1513191759) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 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. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; . 3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; . 5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; . 7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312 — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:22:44 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (1513191759) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) S Signature: Name and Title: Name and Title: Address: Address: AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at t 11:22:44 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (1513191759) FORM NO. 8800S Additions and Deletions Report for AIA Document A312 — 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:22:44 on 09/28/2010. PAGE1 Bond No. 1(08012362 Pinnacle USA, Inc. Westchester Fire Insurance Company, PO Box 7338 State of Incorp: New York Athens, GA 30604 436 Walnut Street Philadelphia, PA 19106 City of Augusta,` GA 530 Greene Street, Room 605 Augusta,' GA 30901 Date: September 23, 2010 Amount: $ 1,494,368.00 `. Daniel Field Airport Terminal Renovations & Additions Date: (Not earlier than Construction Contract Date) September 28, 2010 Amount: $ 1,494,368.00 Modifications to this Bond: I X I None I I See Section 18 Pinnacle USA, Inc. Westchester Fire Insurance Co. Name and Joseph Hall, President Name and Karen Pecora - Barbour, Title: Title: Attorney -in -Fact Additions and Deletions Report for AIA Document A312" — 2010 Payment Bond. 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 1 portion of 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 AIA software at 11:22:44 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (1513191759) The Barbour Group, LLC Virgo Gambill Architects, PC 20 Liberty Street, #2D 2531 Center West Parkway, Suite 200 Westminster, MD 21157 Augusta, GA 30909 Telephone Number: 410- 876 -9610 Telephone Number: 706 - 736 -3661 Additions and Deletions Report for AIA Document A3I2TM — 2010 Payment Bond. 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 2 portion of 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 AIA software at 11:22:44 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (1513191759) Certification of Document's Authenticity AIA® Document D401 T M — 2003 I, Debra L. Nash, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:22:44 on 09/28/2010 under Order No. 0333533836_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A312TM — 2010, Payment Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) 0 (Dated) AIA Document D401"' — 2003. Copyright ©1992 and 2003 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 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:22:44 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (1513191759) w t ■ KW %.'AttAIA Document A3I2TM - 2010 Performance Bond Bond No. K08012362 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: Pinnacle USA, Inc. Westchester Fire Insurance Company, The author of this document has PO Box 7338 State of Incorp: New York added information needed for its Athens, GA 30604 436 Walnut Street completion. The author may also Philadelphia, PA 19106 have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added OWNER: information as well as revisions to the (Name legal status and address) standard form text is available from City of Augusta, GA the author and should be reviewed. A 530 Greene Street Room 805 vertical line in the left margin of this Augusta, GA 3090 document indicates where the author has added necessary information CONSTRUCTION CONTRACT and where the author has added to or Date: September 23, 2010 deleted from the original AIA text. Amount: $ 1 This document has important legal Description: p g (Name and location) consequences. Consultation with an attorney is encouraged with respect iiii Danel Field Airport Term Renovations & Additions to its completion or modification. Any singular reference to Contractor, BOND Surety, Owner or other party shall be Date: considered plural where applicable. (Not earlier than Construction Contract Date) September 28, 2010 Arnount: $ 1,494,368.00 Modifications to this Bond: I X I None I I See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Pinnacle USA, Inc. Westchester Fire Insu ance Co. Signature: / Signature: 1 i )661-€42 g" 1-44- Name and J' ph Hall, President Name and Ka n Pecora- Barbour, Title: Title: Attorney -in -Fact (Any additio • ignatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) The Barbour Group, LLC Virgo Gambill Architects, PC 20 Liberty Street, #2D 2531 Center West Parkway, Suite 200 Westminster, MD 21157 Augusta, GA 30909 Telephone Number: 410 - 876 -9610 Telephone Number: 706 - 736 -3661 AIA Document A312T"' - 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 1 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at / 11:18:13 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (863398469) § 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A3I2TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:18:13 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (863398469) § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 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 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 a declaration of 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 occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and, proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. AIA Document A312TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:18:13 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (863398469) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312T" — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:18:13 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (863398469) FORM NO. 8800S Additions and Deletions Report for AIA Document A312 — 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:18:13 on 09/28/2010. PAGE1 Bond No. K08012362 Pinnacle USA, Inc. Westchester Fire Insurance Company. PO Box 7338 State of Incorp: New York Athens, GA 30604 436 Walnut Street Philadelphia, PA 19106 City of Augusta, GA 530 Greene Street, Room 805 Augusta, GA 30901 Date: September 23, 2010 Amount: $ 1,494,368.00 Daniel Field Airport Terminal Renovations & Additions Date: (Not earlier than Construction Contract Date) September 28, 2010 Amount: $ 1,494,368.00 Modifications to this Bond: 1 X I None I I See Section 16 Pinnacle USA, Inc. Westchester Fire Insurance Co. Name and Joseph Hall, President Name and Karen Pecora- Barbour„ Title: Title: Attorney -in -Fact Additions and Deletions Report for AIA Document A312 T" - 2010 Performance Bond. 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, 1 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. This document was produced by AIA software at 11:18:13 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (863398469) The Barbour Group, LLC Virgo Gambill Architects, PC 20 Liberty Street, #2D 2531 Center West Parkway, Suite 200 Westminster, MD 21157 Augusta, GA 30909 Telephone Number: 410 - 876 -9610 Telephone Number: 706 - 736 -3661 Additions and Deletions Report for AIA Document A312TM — 2010 Performance Bond. 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, 2 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. This document was produced by AIA software at 11:18:13 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (863398469) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Debra L. Nash, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:18:13 on 09/28/2010 under Order No. 0333533836_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A312TM — 2010, Performance Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. • (Signed) A n / c-' (''-' (Title) —�'tC CC (Dated) AIA Document D401 TM - 2003. Copyright ©1992 and 2003 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 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:18:13 on 09/28/2010 under Order No.0333533836_1 which expires on 05/05/2011, and is not for resale. User Notes: (863398469) ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD/YYYY) 10/05/2010 PRODUCER (404)351 -8434 FAX (404)351 -3923 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bryan, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Johnson & Br Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 20138 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Atlanta, GA 30325 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Selective Ins Co of America Pinnacle USA, Inc. INSURER B: Bridgefield Casualty Ins. Co. P.O. Box 7221 INSURER C: Athens, GA 30604 INSURER D: INSURER E: COVERAGES THE LI INSURANCE BELOW HAVE ISSUED INSURMED ABOVE FOR THE INDICATED. NOTWITHSTANDING ANY REQUIREMENT OF , TERM OR CONDITION LISTED OF ANY CONTRA CT OR OTHER TO THE DOCUMENT ED NA WITH RESPECT TO WHICH POLICY THIS CERTIFICATE PERIOD MAYBE ISSUED NOTWITHSTA 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. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC TYPE OF INSURANCE POLICY NUMBER /Y DATE (MM /DDYYY) DATE (MM/DD/YYYY) GENERAL LIABILITY S1621529 06/29/2010 06/29/2011 EACH OCCURRENCE $ 1,000,000 I TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (a occurrence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 3 , 000 , 000 — 1 POLICY X JECT LOC AUTOMOBILE LIABILITY 51621529 06/29/2010 06/29/2011 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ (Per person) A SCHEDULED AUTOS — HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ — ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY 51621529 06/29/2010 06/29/2011 EACH OCCURRENCE $ 6,000,000 X I OCCUR CLAIMS MADE AGGREGATE $ 6,000,000 A — $ $ DEDUCTIBLE — RETENTION $ $ WORKERS COMPENSATION 196 -21070 05/20/2010 05/20/2011 X WC sTATU- TS ER OTH- TORY LIMI AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLU EXCLUDED? (Mandatory In NH) I I E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 I id Marine S1621529 06/29/2010 06/29/2011 Leased /Rented Equip $50,000 A Installation Floater $150,000 DESCRIPTION 9F OPERATIQNS / LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDOR §EMENT / SPECIAL PROVISIONS Re: Terminal Building Renovation & Expansion, Daniel Field- Augusta, GA :ity Of Augusta is included as an additional insured on the general liability as required by written contract. A waiver of subrogation in favor of City Of Augusta applies to the general liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of Augusta 530 Green Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Room 801 REPRESENTATIVES. Augusta, GA 30911 AUTHORIZED REPRESENTATIVE 1 Patrick Hollifield /BROWN i diti ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PDF created with pdfFactory Pro trial version www.pdffactorv.com