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HomeMy WebLinkAboutGENERAL CONTRACT, PERFORMANCE, AND PAYMENT BONDS_ EMERGENCY RENOVATIONS FOR ARC PLANNING AND DEVELOPMENT_RCN CONTRACTING OF AUGUSTA Document A101711 - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Third day,of July in the Year Two Thousand and Seventeen (In words, indicate day,month and year.) BETWEEN the Owner: (Name, legal status,address and other information) This document has important legal Augusta Richmond County Commission consequences.Consultation with 535 Telfair Street an attorney is encouraged with Augusta, Georgia 30901 respect to its completion or modification. AIA Document A201 r"`-2007, General Conditions of the Contract for Construction,is adopted in this document by and the Contractor: reference.Do not use with other (Name, legal status,address and otherinformation) general conditions unless this document is modified. RCN Contracting, Inc. 1115 Franke Place Court Augusta,Georgia 30909 for the following Project: (Name, location and detailed description) #14-169A Emergency Renovations for ARC Augusta Richmond County Planning&Development 1803 Marvin Griffin Road Augusta,Georgia 30906 The Architect: (Name, legal status, address and other information) Christopher Booker&Associates, PC 670 Broad Street Augusta, Georgia 30901 The Owner and Contractor agree as follows. Init. AMA Document A101114—2001.Copyright 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987 1991,1997 and 2007 byTheAmerican Institute of Architects,All rights reserved.w. G:This AIA"Docurnent is protected by U,S.Copyright t.aw andie satin T ti .Unauthorized reproduction or distribution of his At Document,or any portion of it,may result in severe Civic and criminal ties*and witi be prixiiecutail tic the marmum axtertt possible under the law.This document was created on 04/13/2016 09:34:01 under the terms of AIA Documents-on-Demand''"order no. 2009298110 ,and is not for resale.This document is licensed by the American Insttiute of Architects for one-time use only,and may not be reproduced prior to its completion. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will he fixed in a notice to proceed) If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. AIA Document A1011"—2007.Copyright ID 1915 1918 1925 1937,1951,1958,1961;1963,1967,1974,1977,1987 1991,1997 and 2007 by The American Institute of snit. Amttiects.All rights reserved,WARNtNC rg,, i , r p, ad by U.S,(cpyr e tIt law and mere t,orzai TTsades.Unaudio frc, e g,r^dr,+soap or s t•art o .ss gi,A,'pocJrssmtt or any .r rd,,Lit: eA.vere did and c;rim r=ap tmratti r arfd visit oe:prrxieci.ted o the ,.w..ii::+sr rrx*e et;x:esi€ e :he saw.This document was created on 04/13/2016 09:34:01 under the terms of AlA Documents-on-Demarrem order no. 2009298110 ,and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty ( 120 )days from the date of commencement,or as follows: (insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of commencement.If appropriate, insert requirements far earlier Substantial Completion of certain portions of the Work) Portion of the Work Substantial Completion Date ,subject to adjustments of this Contract Time as provided in the Contract Documents. (insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Five Hundred Sixty Three Thousand Dollars ($ 563,000.00 ),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. lithe bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) §4.3 Unit prices,if any: (Identifyand state the unit price;state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit($000) AIA Document A104'"t-2007.Copyright 01915,1918,1925,1937,1951,1958,1961,1963.1967,1974,1977,1987 1991,1997"and 2007 by The American institute of lnit Architects.AU rights reserved.WARNING:This AlieDo utrient is protected by US,Copyright Law and f;hentational Ireetie2s.Unauthorized reproduction or S distribution of this AtA Document or any portion of it,may result In saw civil and cfninel penalties,and will be prosecutedto the maximum extent pelts' t under the taw.This document was created on 04113/2016 09.34:01 under the terms of AIA Documents-on-Demand'""order no. 2009298110 ,and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Price($0.00) General Allowance (Contingency) $25,000.00 Total Allowances $70,000.00 Site Improvements $40,000.00 Kitchen Appliances $ 5,000.00 ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5,1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the 30th day of the(same)(follomonth. Iran Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than Thirty ( 30 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Ten percent( 10 %).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007,General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Ten percent( 10 %); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in.Section 9.5 of AlA Document A201-2007. Init. AM Document A101 TM-2007.Copyright 1915.1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects Al rights reserved.WARNING This A! 'Document" protected by US.S.Copyright Law and inter nebnnat Trraeies,Unauthorized reproduc:4:icarr nr 4 ?-,, lor3 at this uIA'"D CunIenr or any wanton of y:,rr.r 1-0.+4%AT in seven,csvts and criminal piusaities,and rnti be prosecuted to the maximum extent possio'• under me izrv.This document was created on 0411312016 09:34:01 under the terms of AlA documents-on-Demand""order no. 2009298110 ,and is not for resale This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Section 9.8.5 ofAlA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety,ifany)any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor. any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Reduce retainage to five percent(5%)at fifty percent(50%completion. §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §52.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AEA Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or follows: -Close-out documents submitted and approved. -Release of liens. -Completed punch list. ARTICLE 6 DISPUTE RESOLUTION §6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA-Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Init. AKA DocumentAl01TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Ameican'Institute of Architects MI rights reserved.WARNING:11*AlA'Docusr t*protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or 5 dish ibution of this AIS"Document,or any portion of:r,may matt in severe civil and cnrnireI pentalties,and Ertl on prosecutal to the trraxknurn extent pussita under the law.This document was created on 04113/2016 09:34.01 under the terms of AIA Documents-on-Demand"order no. 2009298110 ,and is not for resale,This document Is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) ❑ Arbitiation pursuant to Section 15.4 of AIA Document A201-2007 ❑ Litigation in a court of competent jurisdiction El Other:(Specify) Augusta-Richmond County Superior Court ARTICLE 7 TERMINATION OR SUSPENSION §7,1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of A IA Document A201-2007. §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A20 1-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201---2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, ifany.) N/A §8.3 The Owner's representative: (Name, address and other information) Augusta Central Services Department 2760 Peach Orchard Road Augusta,Georgia 30906 §8.4 The Contractor's representative: (Name, address and other information) Skip Newman 1115 Franke Place Court Augusta,Georgia 30906 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. A1A Document A101"'—2007.Copyright©1915 1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Init. Architects.AN rights reserved.WARIA G 1 h v; Doi,umer€t is Imo ec eat by U.S.f;a,ayrits#=1 o_ow and t"itern torerl Treaties,t&tauthonzed reproduction or 6 Gt>a of'zoos AtA Dar:urne;#.,o any or,Moo t,may asuit in severe.civ41 and criminal paradttes,end xvfit be prof evtuted to tire max:ratris extent srossibie the€a4.This document was created on 04/13/2016 09:34:01 under the terms of AW Documents-on-DemandTM order no. 2009298110 ,and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated'in the sections below. §9.1.1 The Agreement is this executed AIA Document A101-2007 Standard Form of Agreement Between Owner and Contractor. §9.1.2 The General Conditions are ALA Document A201-2007,General Conditions of the Contract for Construction. §9.13 The Supplementary and other Conditions of the Contract Document Title Date Pages §9.1A The Specifications (Either list the Specifications here or refer to an exhibit attached to this Agreement) Exhibit A Section Title Date Pages AiA Document AlOH TM—2007.Copyright O 1915,1918,1.925,1937,1951,1958,1961,19631967 1974 1977 1987,1991,1997 and 2007 by The American institute of Inst Architects.AR rights reserved.MORNING:This AtACDocurnent is protected by U.S.Copynght Law and hyterinatkinal"treaties.Unauthorized reproduction or distributron of the Ate Document sment,or any portion of it,may result in severe crvil and criminal7 pt�raaYti ,and wit be frrcr �t>fad to the maximum extent possible j uririer f law.This document was created on 0411312016 09:34.01 under the terms of AIA Documents-on-DemandnM order no. 2009298110 ,and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Exhibit B Number:: Title Date §9.1.6 The Addenda,if any: Number Date Pages Addendum No. 1 May 22, 2017 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this.Article 9. §9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201114-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to hid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ALA Document A101 T"r—2007 Copyright©1915 1916 1925 1937,1951,1958,1961 1963 1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Init. Architects AM fights reserved.PrI bll'S s r, e- b,•"' 1 t(itT'r LAW I i4 E €3tre €f r a s ,J autho e,p r cu trop r n ,L?,,N,,,,r r.,} , ,. s.r a,; »v_wtavi a€.u„ , i .d*enal.,s r.:W4I 1')A"*^-C ro0.1to�', ;;00n4,,t ca t; .;U,,; r i<nw,This document was created on 04113/2016 09:34:01 under the terms of AIA Documents-on-DemandTm order no. 2009298110 ,and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced poor to its completion. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article II of AIA Document A201-2007. (State bonding requirements, if any,and limits of liability for insurance required in Article 11 ofAL4 Document AZ01-2007) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) General Liability General Aggregate Limit: $2,000,000 Products-Completed Operations Aggregate Limit $2,000,000 ..,-,14;14,r's'r'•';':t1-i+wi,*roroP9*..44.-”,..0.-0.t.,--.7.,,,-,,-_,,..,,,,,,i, Personal and Advert.Injury Limit $1,000,000 Each Occurance $1,000,000 1 "'- -tit VIL Worker's Compensation , v,... ...."-,,,.. 4. se 0. 1o, , ei, ,•,,,L. 0 0 e i.- * -r- ,, ",-- .....?"). • C f I, 0.-Q i e;',-:,,'''',, ..:...`ii":•'''.1.1,i, flo ,...-4 it 1 IC, „ , Aii : r” Tins Agreement entered into as of the day and year first writien abcfre 4) '?A,•,',.4,,,:.`10.1g • ir„ •1:, * * . ES / 0 , Di k ;• 1 1 * : .: 0 era r 4E' : . '40J "d MEAL / 0 soesoo011r. ..t. By: 17 r, 4,f e ,;•• , By: 0.,/ l i . in'he Honorable Hardie Davis,Jr. k Lena J. Bonner . . 0 tOlayor Clerk or ommslo i r 1 YT ftenmemsatevommoo40444.3—,4,,,, 1:11 if rD ate: Date: 7 APPROVED AS TO FORM: DEPARTME., APP-e; A • At i A By: / i latielkie. By: Agf. 1 Attorney Date: 40/1/ Date: CONTR' • - ATTEST: SEAL : —oy. By: trm.P.A.t. - ,..,X 10 Name: • .0 C 6e,-p) niciamm JA. Name: SVA,V\--e-c) Title: Otordeit . Title: Date: -7) el i t 7 Date: (71 3 )Li (.1 MA Document NICHT*-2007.Copyright©1915,1918,1925,1937,1951,1958,1961.1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Mit. Architects AU rights resented.WARkatin3:This ALA-Document is prcAectr.,d byiidi tiiopyrigut Law arid Interradioniti Treaties.Unauthorized reprodi*ctlon or 9 mstibutton of this AK'Docuemit,or,itry pa:ton(4 it,mat rest;It in severe civil.,:41 fsiwit lai peliatUes,;and will be prosectged to tho maxinstaii r:IctEntt possibie / Lir-dor Ole taw This document was created on 04/13/2016 0934:01 under the terms of AM Documents-on-Demand,"order no. 2009298110 ,and is not for resale.This document is limnsed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion, ' SAJA DocumentA312TM -- 2010 Performance Bond BOND#106420883 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place RCN Contracting, Inc. of business) 1115 Franke Place Court Travelers Casualty and Surety Company of America Augusta, GA 30909 One Tower Square This document has important legal Hartford, CT 06183 consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. Augusta Richmond County Commission Any singular reference to 535 Telfair Street Contractor,Surety,Owner or Augusta, GA 30901 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: July 3, 2017 AIA Document A312-2010 combines two separate bonds,a Amount: Five Hundred Sixty-Three Thousand and 00/100----$563,000.00 Performance Bond and a Payment Bond,into one form. TDescription: #14-169A Emergency Renovations for ARC Performancees s not a single combinedetB (Name and location) g y and Payment Bond. 1803 Marvin Griffin Road, Augusta, GA 30906 BOND Date: July 10, 2017 (Not earlier than Construction Contract Date) Amount: Five Hundred Sixty-Three Thousand and 00/100 $563,000.00 Modifications to this Bond: None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company. - (Corporate Seal) Company: (Corporate Seal) RCN Contr-cting, Ir c. Travelers Casualty and Surety Company of merica Signature: Ain Signature: -1 Name y E' :p I Name W. D. Morris, Jr. and Title: g . and Title: Attorney-in-Fact) (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) South Risk Management, LLC Christopher Booker&Associates, PC 670 Broad Street 2711 Middleburg Dr., Suite 304 Augusta, GA 30901 Columbia, SC 29204 (803) 733-5284 Init. AIA Document A312TM—2010.The American Institute of Architects. 061110 1 ' 1 • I t §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: • §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. init. AIA Document A312'1"—2010.The American institute of Architects. 2 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. init. AMDocument A312TM--2010.The American Institute of Architects. 3 §16 Modifications to this bond are as follows: • • • • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original NA Contract Document,on which this text;Appears In RED.An original assures that changes,hili rot he obscured.. Bait. AIA Document A312T""—2010.The American Institute of Architects. 4 1 skAIiV Document A312TM - 2010 WettiMin Payment Bond CONTRACTOR: SURETY: BOND#106420883 (Name, legal status and address) (Name, legal status and principal place RCN Contracting, Inc. of business) 1115 Franke Place Court Travelers Casualty and Surety Company of America One Tower Square This document has important legal Augusta, GA 30909 consequences.Consultation with Hartford, CT 06183 an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. Augusta Richmond County Commission 535 Telfair Street Any singular reference to Contractor,Surety,Owner or Augusta, GA 30901 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: July 3, 2017 AIA DocumentA312-2010 combines two separate bonds,a Performance Bond and a Amount: Five Hundred Sixty-Three Thousand and 00/100 $563,000.00 Payment Bond,into one form. This is not a single combined Description: #14-169A Emergency Renovations for ARC Performance and Payment Bond. (Name and location)1803 Marvin Griffin Road, Augusta, GA 30906 BOND Date:July 10, 2017 (Not earlier than Construction Contract Date) Amount:Five Hundred Sixty-Three Thousand and 00/100 $563,000.00 Modifications to this Bond: None O See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: orporate Seal) Company: (Corporate Seal) RCN Contra ting, Inc. Travelers Casu It nd Surety Company of ]lerica Signature: Atallikk Signature. Name 44 P 51{,p E&ufr ' Name W. D. Morris, Jr. and Title: and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: South Risk Management, LLC (Architect,Engineer or other party:) 2711 Middleburg Dr., Suite 304 Christopher Booker&Associates, PC Columbia, SC 29204 (803)733-5284 670 Broad Street Augusta, GA 30901 AIA Document A312TM'-2010.The American Institute of Architects. 067110 Init. 5 1 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. ]nit AIA Document A312",—2010.The American Institute of Architects. 6 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(I)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. • §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to • include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all.Contract Documents and all changes made to the agreement and the Contract Documents. frig AlA Document A312"—2010.The American Institute of Architects. 7 1 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. • §18 Modifications to this bond are as follows: • • • • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) • Signature: Signature: Name and Title: Name and Title: Address Address CAU T IDI :You should sign an original A?AContract Document,on which this text appears in RED.An oriainal assures that changes wDi not be obscured. trait AIA Document A312° —2010.The American Institute of Architects. 8 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 218892 Certificate No. O 0 6 4 1 3 0 1 5 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint W.D. Morris,Jr.,and Frank W.Hafner,III of the City of Columbia ,State of South Carolina ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument,to be signed and their corporate seals to be hereto affixed,this 6th day of August 2015 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company oks.,„ ��ql��� `.. 1't4l yny Jy FARE 6'bW 4*N INfG '�'Xg�q,, JPttY A�y� 4 r,4_ Oyopp I` .Y!•'"°°"'?0 4� ''i 4� �q s� TO:;......... �,'4°:�.N-...7.;s P sG .( 4'ET� ��o -YJ S • s n �1w LL m tOp PORA> Z iP pPORAT �s AT 1982(- o - :_ 4.N� co; — ; i � 9TI E y ;f; n: W HARTFORD t (F41M'F6RQ < 1951 +SEAL+.4 i SEALji cm• +•✓/ 1896 i ,4 cp 'L••. bP4 /•T'' Nd j3d s ,,........:;�aZ-- v.•.., s t .01951 �s�a,�e 1r.. ........... df sN+° v f State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 6th day of August 2015 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. t V\.60.01. /�In Witness Whereof,I hereunto set my hand and official seal. C . My Commission expires the 30th day of June,2016. 0 °MA *• Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER sy This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1 Oth day of July ,201 7 . Kevin E.Hughes,Assistant Sec tary c,ASUq ,. I.y FIRE 4°Wy# �*11.!NS "Y�nsUq oy Jp�TY Akps 17Aa lfty Y�"Y"'�(I ? �♦ aaawy +ry Or• �9 ,V�" 4 r d 4� 3S' 6 I w() ,. V.toRaoRa>'s e: o. , �J {S• iwpoaPORAT'P,5 v a z o 977 _ a _._ n; a HARTFORD 'MAMMA a t . r $ € 1951 eR° �; oma., 1;i oT CONN s cax+. w fy as .>o SEAG� ts:SEAL,'D. w co oaf 'i w O,g�,� ry+ F01•� 1; '44„1„!j,1:, 44„1„ a. Va f o...,, :'a 's as `1"al {�I ul �o„� n !S �AN 1 15,�. ...•/�t� 61 ItT • '�' .409 To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Amendment#1 To the Agreement Between The Owner: Augusta Richmond County Commission and The Contractor: RCN Contracting Inc. For construction of#14-169A, Emergency Renovations for ARC Planning and Development, 1803 Marvin Griffin Road.The following two clauses shall made part of the agreement by this amendment: 1. Except as otherwise provided in this agreement,CONTRACTOR shall indemnify and hold harmless Augusta,GA,and its employees and agents from and against all liabilities,claims,suits, ,,, wry .,.=...w...x,.,-....,, demands,damages, losses,and expenses,including2ttorneys fees,' arising out of or'resutting; from the performance of its Work. 2. Augusta,Georgia may,at reasonable times,inspe the part ►' � aik ess,or work site of CONTRACTOR or any subcontractor ofONTR r subunit • -ilagtVitfh is pertinent to the performance of any contract awarded or aNw T r�l . e4.4* stV6 gia.j 00 OWNER—Augusta,GA Attestkg i _ By flf B �� A.)) . Al 'i rl. 1.f i16( The Honorable Hardie Davis,Jr. L., a Bonner• wrt.®ome•" Mayor Cl=rk of the Commissionj57/// Date: j ass, Date: CONTRACTOR —411111111111111 By: /r By: 41,4 AttAl Name: 'al:• . i• Newman Jr. Name: Sharon Newman Title: Owner Title: Secretary Date: 7/2.44/0 Date: Z(/—.J c y 17