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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 '-." BY: L9~ f1. ...-'" NAM~fl~ .v ........ .... ::;,~ Deke Copenhaver (Mayor) ~ \\)C\, \~\J\ " '" ", ..~,' ;Lena'Bon(l~r(CI~l<) :2 'f'f, , "'c; .. J,t <t.:~f '"'ft,, ~. ;"- . <") '''':''[.'<'''.^; ..... "'~_\;'~'L:~:.'~,::~.J.:}~;.t.>:;';:; ;?-.> " 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~ .0 co :z o <: l::1, :I:'- :J:: t-b o l::1, CI.:i 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 ..s.nAKCHOM'''''''. 0 h i 0 c caution in that . You should us';; an \viIJ nul be /d;\ document \vhich rnay occur an,; 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)