HomeMy WebLinkAboutBEAMS CONTRACTING INC ASHLEY DRIVE DR STORM WATER PIPE REPLACEMENT
SECTION A
AGREEMENT
THIS AGREEMENT, made this ..z.L day of ~, LbO <r . by and between
Augusta Georgia, a political subdivision of the State of Georgia, hereinafter called "Owner"
and &QWlfS G.'lnc\..rcacl>>\f1.~J X hC~ doing business as a corporation hereinafter
called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements as hereinafter
mentioned the sufficiency which is hereby acknowledged, the parties agree to as follows:
1. The Contractor will commence replacement of the existing storm water pipe on Ashley
Drive in Augusta, GA with a new HOPE pipe and RCP underneath roadway. All work
is to be in accordance with in accordance with the specifications included in RFB#
O~ - 07 5 and related documents as listed in item 5 below.
2. The Contractor shall provide all labor, material, parts, engineering, licensing and
certifications required by any applicable regulation. Furthermore, the Contractor will
furnish all drawings, product data, material, supplies, tools, equipment, labor, traffic
control and other services necessary for the construction and completion of the project
described herein,
3, The Contractor will commence the work required by the Contract Documents within
thirty (30) calendar days after the date of the Notice of Award and will complete the
work within sixty (60) calendar days unless the period of completion is extended
otherwise by the Contract Documents.
4. The Contractor agrees to Rerform all the work described in the Contract Documents for
the sum of one hMa~d~~d~~ ($ 104i /')76,00 ).
~eveo\'\"'1 -C.ve. ~LJSt;t~ ckil /tt 6 '
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids
Bid Bond
Performance/Payment Bonds
Change Order
Request for Bids # 0%-0""6
Notice of Award
Certificate of Owner's Attorney
General Conditions
Bid
Agreement
Notice to Proceed
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement in Five (5) counterparts, each of which shall be
deemed an original on the date first above written.
OWNER: AUGUSTA, GEORGIA
ATTEST:
3
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BY: L9~ f1.
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NAM~fl~
.v ........ .... ::;,~
Deke Copenhaver (Mayor)
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" '" ", ..~,'
;Lena'Bon(l~r(CI~l<) :2
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CONTRACT:r~~~~~d~:;EST:
BY:W~
(S EAL)
(Type or Print)
NAME: tlly~E/1 s. &nt1e~
Gaynell S. Bonner
(T~ublic, Richmond County, Georgia
My Commission Expiros on 03-11-201~_
TITLE: Qrlf1111l<r MV 1l1-j~/m~tfJ{
- I
NAME: W . Si-01'\ S~~
TITLE: Y(U'$i~~""-
ADDRESS:
Z:~~ ~M'\C- r2J.
R:>~ -n,-"~CJ I S~ -zq ~L..
4
SECTION NA
NOTICE OF AWARD
TO:
~;~ ~~~;!:f
PPPl'/h-r~I(ind, ~e fla~<6tJ~
PROJECT DESCRIPTION:
Ansley Drive Replace 200' of 60" storm water pipe
The Owner has considered the BID submitted by you for the PROJECT named above in response to its Request
for Bids (RFB) due on
has been accepted in the
, I ~.
You are to execute the AGREEMENT (Section A) within Ten (10) calendar days from the date of this Notice to
you. Furthermore, the Owner has elected to require Liability Insurance, a Contractor's Performance Bond (Section
PB) and a Labor and Materials Payment Bond (Section LMPB). The price of said insurance and bonds is included
in the contract amount stated above.
If you fail to execute said Agreement and to furnish said Bonds and a Certificate of Insurance within Ten (10)
working days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the
OWNER'S acceptance of your PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The OWNER will
be entitled to such other rights as may be granted by law.
Shop drawings and other submittals are due within thirty (30) calendar days of the issuance of this Notice of
Award.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this '2...1-1
d~
ZOO~
BY: ~
Dennis Stroud, Assistant Director
Augusta Public Services Department
Maintenance Division
ACCEPTANCE OF NOTICE
Receipt of the above NO"PICE
WARD is hereby acknowledged on this ~day of ~ , 2008.
BY:
TITLE:
p~o~
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2
SECTION PB
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7-8, IN
FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That ~b ( .Di\4v-td-J\"\fJ I ~ nC , as Pdncipal, hereinafter called Contractor, and
,a corporation organized and existing under the laws of the State of
S L. ,with its principal office in the City of ~h :r~d , State of 8(.. ., as Surety,
hereinafter calle.d Surety, a. re held and fir~y oun.a d l u. n.to AU9usia, Georaia, .as Oblig.ee, hereinafter
Ol'e ~ ~ SewKHtf .p\e. .... ""1lJ~c.1.Y\d
called the Owner, in the penal amount of 0 101 ':J Dollas ($ to" I07S ..oD )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a
certain written agreement.
WHEREAS, Contractor has by said written agreement dated ZS ~ 0 cg entered into a contract
with Owner for the removal and replacement of the storm water pipe on Ansley Drive. Augusta,
Georgia, in accordance with the specifications issued by the Richmond County Public Works and
Engineering Department, which contract is by reference made a part hereof, and is hereinafter referred
to as the CONTRACT.
NOyv, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and
faifhfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain
in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default,
or shall promptly
(1) Complete the CONTRACT in accordance with its terms and conditions, or,
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and
upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a
contract between such bidder and Owner, and make available as Work .progresses (even though
there should be a default or a succession of defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of
the contract price; but not exceeding, including other costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall mean the total amount payable by Owner to
Contractor under the Contract and any amendments thereto, less the amount properly paid by
Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which
final payment under the CONTRACT falls due.
5
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Owner named herein or the heirs, executors, administrators or successors of the Owner.
Signed and sealed this L dayof r-lD~ , 2.d!1t .
Witness ;r; M-.L ~#f~
(contraV3 .q-%=-- I r/lbSlvVl
(Seal)
Attest
By
(Seal)
(Title)
Wit~ess,j4n(1I j. ~
Gz,Y'18!1 S. Bonn~r
(S t) '\~(')t.,,,,, P"'J'~ !j::":,-;~~:-,(-I r.C"~~ ~,","'l'gia
urey ",~...G._) "_,.,~",,,~,_,..:.">...:t,,;...,. J..,'''_,1 ,~;\.J~
My CQmn:~::c;: ....,';,,':;3 (;i1l.a-11-~:C ~ 2
(Seal)
Attest
By
(Seal)
(Title)
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should
execute Bond.
6
SECTION LMPB
LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS ISSUED SIMUL TANEOUSL YWITH PERFORMANCE BOND ON PAGES 5-6,
IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS:
That BenY\'\~ CC-~~) :tnC ,as Principal, hereinafter called Contractor, and , a
corporation organized and existing under the laws of the State of ,c:.. c... ,with its principal office in the
City of ~h .'tl';~tate of SL- , as Surety, hereinafter called Surety, are held and firmly
bound unto Augusta, Georgia, as Obligee, hereinafter calledJJ2f~-Q.\<<D%-tlqr the use and ben~fit of
claimants as hereinbelow defined in the amount ofone 1wrwd.eA ~n~~~ 'Oollars ($ lotl,CJ75 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has, by written agreement dated zs CX~ ZciJi .entered into a contract with
Owner for the replacement of Storm Water Pipe on Anslev Drive. in accordance with specifications
issued by the Richmond County Public Services Department, which contract is by reference made a
part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to
use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain
in full force and effect, subject, however, to the following conditions:
(1.-) , A claimant is defined as one having a direct contract with the Contractor or with a subcontractor
of the Contractor for labor, material, or both, used or reasonably required for use in the
performance of the contract, labor and material being construed as to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable
to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that
every claimant as herein defined, who has not been paid in full before the expiration of a period
of ninety (90) days after the date on which the last of such claimant's work or labor was done or
performed, or materials were furnished by such claimant, may sue on this bond for the use of
such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall not be liable for the payment of any
costs or expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor, shall have
given written notice to any two of the following: The Contractor, the Owner, or the Surety
above named, within ninety (90) days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials for which said claim is made,
stating with substantial accuracy the amount claimed and the name of the party to
whom the materials were furnished, or for whom the work or labor was done or
performed. Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or
Surety, at any place where an office regularly maintained for the transaction of
7
business, or served in any manner in which legal process may be served in the state in
which the aforesaid project is located, save that such service need not be made by a
public officer,
(b) After the expiration of one (1) year following the date on which Contractor ceased work
on said CONTRACT, it being understood, however, that if any limitation embodied in
this bond is prohibited by any law controlling the construction hereof, such limitation
shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated, or in
the United States District Court for the district in which the project, or any part thereof, is
situated, and not else'v\lhere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which
may be filed of record against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
Signed and sealed this ~ dayof N lNbcw\P;(+-
~8" .
w~~ess W.~
(Contractor) rIbS 'r:o,.,r\
(Seal)
Attest fi- ~
(Tit! . 8~~-<~
Withess ~dI '- J" ItA
(Surety)
No Gayneff S. Bonner
tary Public, Rlchmnnd C
My CommisSIon ~...:. · ounty, Georgia
I "'"^f-I'l'eS on 03-11-2012
By
(Seal)
(Seal)
Attest
By
(Seal)
(Title)
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should
execute Bond.
8
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned
the authorized and acting
follows:
,
e of Augusta, Georgia, do hereby certify as
I have examined the attached Contract(s) and Surety Bonds, and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly
executed by the proper parties thereto acting through their duly authorized representatives;
that said representatives have full power and authority to execute said agreements on behalf
Df the respective parties named thereon; and that the foregoing agreements constitute valid
and legally binding obligations upon the parties executing the same in accordance with the
terms, conditions and provisions thereof,
Ch~T
-Stophen Shepard, A'ttamey
Augusta, Georgia
DATE: CW: {O I ';).(JD 8'
9
Bond NO.CA8167349
GREA'!I4MERIC4.N: GREAT AMERICAN INSURANCE COMPANY
l!I$UnAIlCE CNAma Oh io
AlA
this caution
AlA DocumentA312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: ~ None
D See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Beam's Contracting, In~
Signature: L^--,,~ ~ ~
Name and Title: ~
SURETY
Company:
GREAT AMERICAN INSURANCE COMPANY
(Corporate Seal)
Signature:
Name and Title: Marilyn
(Any additional signatures appear on page 3)
(FOR INFORMATION ONL Yo-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis-Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 1
F.97488 (9/99)
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 It the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and, the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the 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 years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
F .97488 (9/99)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be 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)
Signature:
Name and Title: "".S ~~I
Address: 1...~ ~M\c.. ~frO
~"' '1:~~"'I:>, s:c... ~'f-z---
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
S;g"'t"~-r; (JA.-d /1 ~
Name and Title: Mar~n'AttorneY-in-Fact
Address: PO Box 21627
Columbia, BC 29221
F.9748B (9/99)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 3
Bond NO.CA8167349
~
GREA1AMERICAN. GREAT AMERICAN INSURANCE COMPANY
llIs"umt ell~.""'t. 0 h io
CALJTION: You should use an
will not be obscured
AlA docUlYlcnt \vhich
this caution
in
assures
rnay occur
arc
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: D None
IKI See Page 6
SURETY GREAT AMERICAN INSURANCE COMPANY
(Corporate Seal) Company: (Corporate Seal)
Signature: \ ~~ Signature: -fn/JA~t. TYJ ~..
Name and Title: ,~~ , t~'06~ Name and .fule~ ~~ Horton, Attorney-in-Fact
CONTRACTOR AS PRINCIPAL
Company:
(Any additional signatures appear on page 6)
(FOR INFORMATION ONL Yo-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis -Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 4
F.9748C (1/08)
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 incorporated
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 furnished 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 the 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 payment, di-
rectly 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 sub-
stantial 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 mate-
rials 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 with-
in 30 days of furnishing the above notice 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.
S If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's ex-
pense 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 chal-
lenging 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 priority 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 Claimant
under this Bond, and shall have under this Bond no obliga-
tions 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, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdic-
tion 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 Sub-
paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
labor or service was performed by anyone or the last mate-
rials 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 applica-
ble.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. Actual receipt of notice by Surety, the Owner
or the Contractor, however accomplished, shall be suffi-
cient 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
F.9748C (1108)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA@
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 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.
1. Paragraph 5 above shall be amended to delete the word "or" and insert the word "and" in its place.
2. Paragraph 6 above is deleted in its entirety and replaced with the following:
"6. After the Claimant has satisfied the conditions of Paragraph 4 and submitted all supporting documentation and
any proof of claim requested by the Surety, then the Surety shall, with reasonable promptness, (1) notify the
Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including,
but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and (2)
payor make arrangements for payment of any undisputed amount. The failure of the Surety to timely discharge its
obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not
be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the
Contractor's or Surety's defenses to, or right to dispute, such claim."
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
S;9""''" ~\.~ S;9na,,,e--;r;(JAJ!, /7~
Name and Title: W.~~~ r~~ Name and Title: Mar~yn~On, Attorney-in-Fact
Address: Z-~ If1"a~CfT~~ Address: PO Box 21627
tl "~u.. --r":' <c Columbia, SC 29221
I'c::u-n ..L.~C>f 'Z"'\e~
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA@
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
F.9748C (1108)
A312-1984 6
e
e
e
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No.O 18572
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRE....ENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-
fact, for it and in its name, place and stead to execute in hehalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authOlity shall not exceed the limit slaled below.
Name
Address
COLUMBIA, SOUTH CAROLINA
MACON, GEORGIA
COLUMBIA, SOUTH CAROLINA
Limit of Power
ALL
$75,000,000
HERBERT L. DECUERS
JOHN R. WALKER
MARILYN M. HORTON
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 31 ST day of JULY 2008
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON _ ss: DAVID C. KITCHIN (513.412.4602)
On this 31 ST day of JULY, 2008 , before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said insl1ument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto
by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insmance Company
by unanimous written consent dated March I, 1993.
RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute On behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature there(~f; to prescribe their respective duties amI
the respective limits or their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature or any of the afiJrl'said officers and any SecretOlY or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract or suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby a<lopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the COInpany with the same fiJrce and eifect as though manually affixed,
CERTIFICATION
I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Grcat American Insurance Company, do hereby
certify that the foregoing Power of Attorney and the Resolutions of the Board of Direcrors of March I, 1993 have not been revoked and are now in full force and
effect.
S.igned and sealed this
24th
day of
October
2008 .
S 1 029X (4/08)
, .
Bond NO.CA8167349
GREAlJ1MERICAJv. GREAT AMERICAN INSURANCE COMPANY
llISUIlAOCE ttlfI....t. 0 h io
, You should us':; AI i\ document whicb bas this caution m
wm nol he obscured as may occur are
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: ~ None
D See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Beam'" Contracting, I ~
Signature: W~ ---
Name and Title: W ,c;.unr~ 0'$, ~1)vrr
(Any additional signatures appear on page 3)
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
Signature: "71{'A,tl 7fJ ~ -
Name and Title: Mar~rton, Attorney-in-Fact
(FOR INFORMATION ONL Yo-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis -Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 1
F,9748B (9/99)
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 It the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and, the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the 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 years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
F.9748B (9/99)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA@
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety. the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be 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 SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal) Company: (Corporate Seal)
Beam I s Contracting, In~ ~ .
S;goat"e l.J:~-":;:!;~" s;goat"el1t1'A:d /' I ~
Name and Title: W. ~~NS, f~,oe.rr- Name and Title: Mari~n, Attorney-in-Fact
Address: 2..~~ ~""~ ~ Address: PO Box 21627
~*"~\..A.NC \ Sl-- z.~f>'r'- Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
F.97488 (9/99)
A312-1984 3
Bond NO.CA8167349
~
GREA~HJCAN GREAT AMERICAN INSURANCE COMPANY
"'"~'iICUll"'''''S 0 hi 0
('AtFI]()N: You should USe an
will nN be
Ai!\ (]ocumcm which
this caution
may occur
arc
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: 0 None
IKI See Page 6
CONTRACTOR AS PRINCIPAL SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal) Company: (Corporate Seal)
S;gnature: l...l.~ - S;gnature:
Name and Title:W. Se..t5tI ~, ftuSIDfN"TName and Title: Marilyn
(Any additional signatures appear on page 6)
(FOR INFORMATION ONL Y--Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis -Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 4
F.9748C (1108)
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 incorporated
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 furnished 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 the 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 payment, di-
rectly 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 sub-
stantial 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 mate-
rials 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 with-
in 30 days of furnishing the above notice 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.
S If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's ex-
pense 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 chal-
lenging 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 priority 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 Claimant
under this Bond, and shall have under this Bond no obliga-
tions 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, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdic-
tion 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 Sub-
paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
labor or service was performed by anyone or the last mate-
rials 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 applica-
ble.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. Actual receipt of notice by Surety, the Owner
or the Contractor, however accomplished, shall be suffi-
cient 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
F.9748C (1/08)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA@
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 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.
1. Paragraph 5 above shall be amended to delete the word "or" and insert the word "and" in its place.
2. Paragraph 6 above is deleted in its entirety and replaced with the following:
"6. After the Claimant has satisfied the conditions of Paragraph 4 and submitted all supporting documentation and
any proof of claim requested by the Surety, then the Surety shall, with reasonable promptness, (1) notify the
Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including,
but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and (2)
payor make arrangements for payment of any undisputed amount. The failure of the Surety to timely discharge its
obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not
be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the
Contractor's or Surety's defenses to, or right to dispute, such claim."
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature: W .~
Name and Title: \N. ~~$, a?tt:sJ~
Address: l.."3>-:Y;;- A-'lbMlc.. ~
~t.\t -:t:S\.ANO t Sc.. Z"\ ~\l-'2-
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
S;gna'"e ~~ ~
Name and Title: Marilyn Horton, Attorney-in-Fact
Address: PO Box 21627
Columbia, BC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA@
F.9748C (1108)
A312-1984 6
e
e
e
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No. 0 18572
POWER OF ATTORNEY
KNO\V ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPAJ\'Y, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-
fact, for it and in its name. place and stead to execute in behalf of the said Company. as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name
Address
COLUMBIA, SOUTH CAROLINA
MACON, GEORGIA
COLUMBIA, SOUTH CAROLINA
Limit of Power
ALL
$75,000,000
HERBERT L. DECUERS
JOHN R. WALKER
MARILYN M. HORTON
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 31ST day of JULY 2008
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO. COUNTY OF HAMILTON _ ss: DAVID C. KITCHIN (513-412-4602)
On this 31ST day of JULY, 2008 , before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said insllument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto
by like authority.
This Power of Attorney is granted by authOlity of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March I, 1993.
RESOLV}.J): That the Divisional President the Divisional Senior Vice President the several Divisional '-7ce Presidents and Divisonal Assistant Vice
Presidell/s, or anyone of them. be and hereby is auth;rized, from time to time, to appoint ;ne or more Attorneys-in-Fact to execute on behaif of the Company,
as surety, any and all bonds, undertakings and contracts (Ij"suretyship, or other written obligations in the nature there(~f; 10 prescribe their respective duties and
the respective limits of their authori~y; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either givenfor the execution of any bond, undenaking, call/met or suretyship.
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manUltlly affixed.
CERTIFICATION
I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company, do hereby
cenify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and
effect.
Signed and sealed this
24th
day of
October
2008 .
S1029X (4/08)
, ,
Bond NO.CA8167349
'~
GREA~RlCAN: GREAT AMERICAN INSURANCE COMPANY
ll<SuAAIICH1>......". 0 hi 0
docllmcnt \vl1icb bas this Cllution
arc
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: 1&1 None
D See Page 3
CONTRACTOR AS PRINCIPAL
Company:
GREAT AMERICAN INSURANCE COMPANY
(Corporate Seal)
(Corporate Seal)
SURETY
Company:
Signature ~~/>1 ~
ttSl~~Name and Title: Marilyn Horton, Attorney-in-Fact
Signature: ·
Name and Title:W ~ed\rC:;~~ I
(Any additional signatures appear on page 3)
(FOR INFORMATION ONL Y--Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis-Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 1
F .97 488 (9/99)
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 It the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and, the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the 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 years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
F.9748B (9/99)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be 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)
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
8;900'''" -pJ(l.-d 71 ~
~\~ Name and Title: Mar~on, Attorney-in-Fact
Address: PO Box 21627
Columbia, BC 29221
Signature:
Name and Title: W. c;;'uq- ~~S'
Address: 2-~~S- ~\L. %Pc:o {
~ "'ta.ANc, Sc... 'Z. ~ 9\(-2:-
F.9748B (9/99)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 3
Bond NO.CA8167349
GREA"YlMERICAN GREAT AMERICAN INSURANCE COMPANY
liIIsuaAllU *,mts 0 h i 0
CAUTION: You should an /\Ii\ document \vhich
wm nol be obscured as nlay occur when arc
this caution
in
An
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24,2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: D None
IKI See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
S;gnature LJ ~~ -
NameandTitle:W'~C:;;~f p~
(Any additional signatures appear on page 6)
GREAT AMERICAN INSURANCE COMPANY
(Corporate Seal)
SURETY
Company:
Signature:
Name and Title: Marilyn
(FOR INFORMATION ONLY --Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis -Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 4
F.9748C (1108)
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 incorporated
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 furnished 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 the 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 payment, di-
rectly 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 sub-
stantial 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 mate-
rials 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 with-
in 30 days of furnishing the above notice 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.
S If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's ex-
pense 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 chal-
lenging 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 paymen~s 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 priority 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 Claimant
under this Bond, and shall have under this Bond no obliga-
tions 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, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdic-
tion 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 Sub-
paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
labor or service was performed by anyone or the last mate-
rials 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 applica-
ble.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. Actual receipt of notice by Surety, the Owner
or the Contractor, however accomplished, shall be suffi-
cient 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
F.9748C (1/08)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA@
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
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.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 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.
1. Paragraph 5 above shall be amended to delete the word "or" and insert the word "and" in its place.
2. Paragraph 6 above is deleted in its entirety and replaced with the following:
"6. After the Claimant has satisfied the conditions of Paragraph 4 and submitted all supporting documentation and
any proof of claim requested by the Surety, then the Surety shall, with reasonable promptness, (1) notify the
Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including,
but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and (2)
payor make arrangements for payment of any undisputed amount. The failure of the Surety to timely discharge its
obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not
be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the
Contractor's or Surety's defenses to, or right to dispute, such claim."
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
(Corporate Seal)
S;g"a'"~ W~~:: ~ S;gna'''e 71~~ ~
Name and Title: W. ~ unr~~ r \~ Name and Title: Marilyn Morton, Attorney- in- Fact
Address: z.~~ ~~\t- t.*\'"O Address: PO Box 21627
0... ~_." ~ C" 4lL Columbia, BC 29221
~ ...L-~"O \ ;;:><- z..~c;.JT2-
CONTRACTOR AS PRINCIPAL
Company:
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
F.9748C (1/08)
A312-1984 6
. .
e
e
e
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No. 0 18572
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRRo.;ENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-
fact, for i[ and in its name. place and stead to execute in behalf of the said Company. as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executcd
under this authOlity shall not exceed the limit sUited below.
Name
Address
COLUMBIA, SOUTH CAROLINA
MACON, GEORGIA
COLUMBIA, SOUTH CAROLINA
Limit of Power
ALL
$75,000,000
HERBERT L. DECUERS
JOHN R. WALKER
MARILYN M. HORTON
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 31ST day of JULY 2008
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON _ ss: DAVID C. KITCHIN (513-412-4602)
On this 31ST day of JULY, 2008 , before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of [he Bond Division of Great American
Insurance Company. the Company described in and which executed the above instrument; that hc knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto
by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March I, 1993.
RESOLVED: That the Divisional President the Divisional Senior Vice President the several Divisional Vice Presidents and Divisonal Assistant Vice
Presidellls, or anyone of them. be and hereby is auth;rized, from time to time, to appoint ,;ne or more Attorneys-in-Fact to execute on beha{f of the Company,
as surety, any and all bonds, undertakings and contracts (!fsuretyship, or other written obligations in the nature thereof; to prescribe their respective duties ami
the respective limits of their authori~v; and to revoke an) such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the afi)resaid officers and any SecretalY or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, camract or suretyship.
or other written obligation in the nature thereof, sIlch signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the sameforce and effect as though manually affixed.
CERTIFICATION
I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company, do hereby
certify that the foregoing Power of Attomey and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and
effect.
Signed and sealed this
24th
day of
October
,2008
S1029X (4/08)
\. "
Bond NO.CA8167349
.~
GREATAMEHlCAN GREAT AMERICAN INSURANCE COMPANY
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AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: ~ None
o See Page 3
SURETY
Company:
GREAT AMERICAN INSURANCE COMPANY
(Corporate Seal)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Beam's Contracting, Inc~ _
Signature: ~~ Signature:
Name and Title: W. ~ ~ , ~c:r;~e and Title: Marilyn
(Any additional signatures appear on page 3)
(FOR INFORMATION ONL Y--Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis -Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 1
F.9748B (9/99)
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 It the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and, the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the 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 years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
F .97488 (9/99)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be 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.)
Signature:
~~eJfJIlame and Title: Marilyn
Address: PO Box 21627
columbia, SC
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Beam's Contracting, Inc.
Signature: W.~
Name and Title: \N'. $~~.s
Address: z..'?~~ ~G- ~ '
B~ :r-~O, 5c-Z9\f''t''''Z.--
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
29221
F.97488 (9/99)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 3
, .
Bond NO.CA8167349
.~
GREA1i4MERlCAN: GREAT AMERICAN INSURANCE COMPANY
.....AAIltHO.""".t. Ohio
CAUTION: You should llSC an (\fA document ,yhich has this cuntion
,vill not bc obscured as may occur when dUClunents arc
Dssurcs that
in red. An
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: 0 None
IKI See Page 6
SURETY GREAT AMERICAN INSURANCE COMPANY
(Corporate Seal) Company: (Corporate Seal)
s;gn.'"reW~ 5;gn.',," /14FJ~
Name and Title. W .~~, ~~ Name and Title. Marilyn M Horton, Attorney-in-Fact
CONTRACTOR AS PRINCIPAL
Company:
(Any additional signatures appear on page 6)
(FOR INFORMATION ONL Y--Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis -Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 4
F.9748C (1/08)
. .
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 fumished for use in the perfor-
mance of the Construction Contract, which is incorporated
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 furnished 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 the 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 payment, di-
rectly 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 sub-
stantial 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 mate-
rials 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 with-
in 30 days of furnishing the above notice 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.
S If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's ex-
pense 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 chal-
lenging 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 priority 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 Claimant
under this Bond, and shall have under this Bond no obliga-
tions 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, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdic-
tion 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 Sub-
paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
labor or service was performed by anyone or the last mate-
rials 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 applica-
ble.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. Actual receipt of notice by Surety, the Owner
or the Contractor, however accomplished, shall be suffi-
cient 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
F.9748C (1/08)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 5
. '
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 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.
1. Paragraph 5 above shall be amended to delete the word "or" and insert the word "and" in its place.
2. Paragraph 6 above is deleted in its entirety and replaced with the following:
"6. After the Claimant has satisfied the conditions of Paragraph 4 and submitted all supporting documentation and
any proof of claim requested by the Surety, then the Surety shall, with reasonable promptness, (1) notify the
Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including,
but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and (2)
payor make arrangements for payment of any undisputed amount. The failure of the Surety to timely discharge its
obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not
be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the
Contractor's or Surety's defenses to, or right to dispute, such claim."
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
S;90.'''.' JAl~ - S;9n.'"~' jIVl/J.-d '-fl1 ~
Name and Title: W ..c:7~ ~~.s p~~ame and Title: Mar~ton, Attorney-in-Fact
Address: zn~~ ~f'I\l c:. ~'tl:> 1 Address: PO Box 21627
€>~ i:Z~ S~ Columbia, SC 29221
, 2-qe~"Z.--
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
F.9748C (1/08)
A312-1984 6
. . ~
)
e
e
e
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No.O 18572
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below irs true and lawful attorney-in-
fact, for it and in its name, place and stead to execute in behalf of the said Company. as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thercof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Namc
Address
COLUMBIA, SOUTH CAROLINA
MACON, GEORGIA
COLUMBIA, SOUTH CAROLINA
Limit of Power
ALL
$75,000,000
HERBERT L. DECUERS
JOHN R. WALKER
MARILYN M. HORTON
This Power of Attorney revokes all previous powers issued in behalf of the attorncy(s)-in-fact named above.
IN WITNESS WHEREOF thc GREj~r AMERICAN INSURANCE COMPANY has causcd thcsc presents to bc signed and attcsted by its appropriatc
officers and its corporate seal hereunto affixed this 31ST day of JULY 2008
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO. COUNTY OF HAMILTON _ ss: DAVID C. KITCHIN (513-412-4602)
On this 31ST day of JULY, 2008 , before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Divis.ion of Great American
Insurance Company. the Company described in and which executcd thc above instrument; that hc knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and thar he signed his name thcreto
by like authority.
This Powcr of Attorney is granted by authority of the following resolutions adopted by the Board of Dircctors of Great American Insmance Company
by unanimous written consent dared March I, 1993.
RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or anyone of them, be and hereby is authorized, from time to time. to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
liS surety, any and all bonds, undertakings and contracts (!lsuretyship, or other written obligations in the nature thereof:' to prescribe their respective duties and
the re5pective limits o/' their authority: and to revoke any such appointment at any time.
RESOLVED FURTHER: Thai the Company seal and the signature 01 any o/' the aforesaid officers and any Secretary or Assistanl Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either givenfor the execution of any bond. undertaking, contract or suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same.f(Jrce and effect as though manually affixed.
CERTIFICATION
I, EVE CUTLER ROSEN, Scnior Vice Prcsident, General Counscl & Assistant Secretary of Grcat American Insurance Company, do hcreby
certify that the foregoing Powcr of Attomcy and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and arc now in full force and
effect.
Signed and sealed this
24th
day of
October
2008
S1029X (4/08)
AUTION: You an AlA document which has this caution in
will not be obscured as may occur when docllrnents arc
Bond NO.CA8167349
.~
GREA~RICA.N. GREAT AMERICAN INSURANCE COMPANY
l!I$UMMClCo""""'t. Ohio
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: ~ None
D See Page 3
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
SURETY
Company:
GREAT AMERICAN INSURANCE COMPANY
(Corporate Seal)
Signature:
Name and Title: W. c:;c.."",
S",
Signature:
loeN\ Name and Title: Maril
(Any additional signatures appear on page 3)
(FOR INFORMATION ONL Y--Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis -Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 1
F .97488 (9/99)
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 It the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and, the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the 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 years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA@
F .97488 (9/99)
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be 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)
Beam's Contracting, I~
Signature: J^\ , ~
Name and Title: IN I ~i6tI ~ S
Address: "Z..";~> ~\c.. ~
~ ~..a, $L ~A?ltL-
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
Signature:
Name and Title: Marilyn
Address: PO Box 21627
columbia, SC 29221
F .97488 (9/99)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 3
Bond NO.CA8167349
.~
GREAYWERlCAN. GREAT AMERICAN INSURANCE COMPANY
llO'SU!lAIltE eullAAmu Oh io
;\UTION: You should us" an /'\1;\ drlCumcnt \vhich has this cautlon
will not be obscured as may occur when arc
in rcrL An
that
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beam's Contracting, Inc.
2335 Atomic Rd.
Beech Island, SC 29842
SURETY (Name and Principal Place of Business):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
OWNER (Name and Address):
Augusta, GA Procurement Department
530 Greene St., Room 605
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: October 24, 2008
Amount: $104,075.00
Description (Name and Location): Ashley Drive Storm Water Pipe Replacement
BOND
Date (Not earlier than Construction Contract Date): October 24, 2008
Amount: $104,075.00
Modifications to this Bond: 0 None
IKI See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signature: W Q-~ - -
Name and Title: W ~""'" ~~ I p~
(Any additional signatures appear on page 6)
SURETY GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Seal)
S;9n.',," ~~??~
Name and Title: Marilyn M Horton, Attorney-in-Fact
(FOR INFORMATION ONL Y--Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Davis-Garvin Agency, Inc. other party):
PO Box 21627
Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
A312-1984 4
F.9748C (1/08)
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 incorporated
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 furnished 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 the 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 payment, di-
rectly 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 sub-
stantial 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 mate-
rials 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 with-
in 30 days of furnishing the above notice 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.
S If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's ex-
pense 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 chal-
lenging 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 eamed 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 priority 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 Claimant
under this Bond, and shall have under this Bond no obliga-
tions 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, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdic-
tion 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 Sub-
paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
labor or service was performed by anyone or the last mate-
rials 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 applica-
ble.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. Actual receipt of notice by Surety, the Owner
or the Contractor, however accomplished, shall be suffi-
cient 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
F.9748C (1/08)
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA@
A312-1984 5
r
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 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.
1. Paragraph 5 above shall be amended to delete the word "or" and insert the word "and" in its place.
2. Paragraph 6 above is deleted in its entirety and replaced with the following:
"6. After the Claimant has satisfied the conditions of Paragraph 4 and submitted all supporting documentation and
any proof of claim requested by the Surety, then the Surety shall, with reasonable promptness, (1) notify the
Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including,
but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and (2)
payor make arrangements for payment of any undisputed amount. The failure of the Surety to timely discharge its
obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not
be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the
Contractor's or Surety's defenses to, or right to dispute, such claim."
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
SURETY GREAT AMERICAN INSURANCE COMPANY
(Corporate Seal) Company: (Corporate Seal)
S;9n.',," ~ .-?\~ ~ S;9nat"~ PJ~ ~
Name and Title:W, ?~~C;r fZtS'1.~,..rfNameandTitle: Marilyn Horton, Attorney-in-Fact
Address: ~S- ~\c.... ~ Address: PO Box 21627
~ :I"'~N') I ~~ z...~8\V2-- Columbia, SC 29221
AlA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA@
F.9748C (1/08)
A312-1984 6
e
e
e
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No. 0 18572
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That tht' GREAT AMERICAN INSURANCE COMPAJ\'Y, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-
fact, for it and in its name. place and stead to execute in behalf of the said Company. as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name
Address
COLUMBIA, SOUTH CAROLINA
MACON, GEORGIA
COLUMBIA, SOUTH CAROLINA
Limit of Power
ALL
$75,000,000
HERBERTL.DECUERS
JOHN R. WALKER
MARILYN M. HORTON
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAr AMERICAN INSURANCE COMPANY has caused thesc presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 31 ST day of JULY 2008
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON _ ss: DAVID C. KITCHIN (513-412-4602)
On this 31ST day of JULY, 2008 , before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company. the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said insnument is such corporate seal; that it was so affixed by authority of his office under [he By-Laws of said Company, and that he signed his name thereto
by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March I, 1993.
RESOLVED: 17wt the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to ex:ecute 011 beha(f of the Company,
as surety, any and all bonds, undertakings and contracts (I{suretyship, or other written obligations in the nature Iherer~f; to prescribe their respective duties aml
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the COInpany seal and the signature o{ any of the qforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, eommet or suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company l1,ith the same force and effect as though manually affixed.
CERTIFICATION
I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company, do hereby
certify that the foregoing Power of Attomey and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and
effect.
Signed and sealed this
24th
day of
October
,2008
S 1 029X (4/08)