HomeMy WebLinkAboutConstruction Perfected,Inc.
Augusta Richmond GA
DOCUMENT NAME: ~lJIct\(J\ \")e\'-\'ee:.,-\-eO,\r)C-
DOCUMENT TYPE: CU6Ye~
YEAR:
BOX NUMBER: \L\
FILE NUMBER: \ ~\l'1
NUMBER OF PAGES: \d
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AMERICAN
N S' T I ,T UTE
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A ~' CHI T E C T S
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AlA Document AIOI
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
The 1987 Edition of AlA Document A201, General Conditions 'of tbe Contract for Constrnction, is adopted
in tbis document by reference. Do not use witb otber general conditions unless tbis document is modified.
111is document h3S been approved and endofsec1 by The Associated General Contractors of America.
AGREEMENT
made as of the
Nineteen Hundred and
day of
in the year of
BETWEEN the Owner:
(Name and address)
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,Augusta-Richmond County Consolidated Government
530 Greene Street
Augusta, Georgia 30911
and the Contractor:
(Name and addT'f!SS)
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Construction Perfect~d, Inc
583 Cherry Avenue
North Augusta, SC 29841
The Project is:
(Name and toea/ion)
Construction & Renovation of Lake Olmstead
Walk/Bike Trail STP.0000-00(155) P.I.No 0000155
Lake Olmstead Park, Augusta, Georgia
"-
ThbArchitect is:
(Name ;;; address)
Davis Design Group
120 Fifth Street
Augusta, Georgia 30901
The Owner and' Contractor agree as set forth below.
Copyright 1915,1918,1925, 1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, @1987 by The American Institute of Archi-
tects, 1735 New York Avenue, N,W" Washington, D.C, 20006, Reproduction of the material herein or substantial quotation
of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to
legal prosecution, '
AlA DOCUMENT AtOt . OWNER.CONTRACTOR AGREEMENT'. TWELFTH EDITION. AIA$ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 20006
A101-1987 1
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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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; these form the Contract, and are as fully a pan 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 Modifications, appears in Article 9. ' ,
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in
the Contract Documents to be the responsibility of others, or as follows:
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement i~ the date from which the Contract Time of Paragf'dph 3.2 is measured, and shall be the date of
this Agreement, as first written above, 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 tbe date of commencement, if It differs from tbe date of tbls Agreement or, if applfcable, state tbat tbe date will be fixed in a notice to proceed.)
Date of commencement shall be stipulated in the "Notice To Proceed".
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the
Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens
and other security interests. , '
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert tbe calendar date or number of calendar days after tbe date of commencement, Also insert any requirements for earlier Substantial Completion of cer,
tain portions of the Work, if not stated elsewhere in /be Contract,Documents.)
90 consecutive calendar days after the date of the "Notice To Proceed"
. subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert prof'isions, if any, for liqui!Jated damages relating to faiture to complete on time.)
Liquidated damages will be accessed the Contractor at a rate of
$200.00 per day beyond the date indicated in the "NOTICE TO PROCEED".
AlA DOCUMENT Al0l . OWNER.CONTRACTOR AGREEMENT. TWELFfH EDITION. AlAe, . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W,; WASHINGTON, D.C, 20006
WARNING: UnDcensed photocopying violates US. copyright laws and Is subject to legal prosecution.
A101-1987 2
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ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
Eighty-three Thousand,Seven Hundred Fiftv Seven and No One Hundred Dollars
(S 83,-";757.00 ), suOject to additions and aeauctlons as provided in the Con-
-tract Ik>cuments. '-
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 tbe numbers or other identification of accepted alternates, If decisions on otber alternates are to be made by tbe Owner subsequent to tbe e:x:ecution oj
tbis Agreement, attadJ a schedule of such other alternates sbowing tbe amount Jor eadJ and tbe date until wbich tbat amount is valid.)
N/A
4.3 Unit prices, if any, are as follows:
$1.39' per square yard for "petromat".
AlA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION. AlAe . @1987
THE AMERICAN INSTITtrrE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 3
WARNING: Unlicensed photocopying violates U.S. copyrlght laws and Is subject to legal prosecution.
,.
ARTICLE 5
,PROGRESS PAYMENTS
5.1 Based upan Applicatians far Payment submitted to. the Architect by the Cantractar and Certificates far Payment issued by the
Architect, the Owner shall make progress payments an accaunt af the Cantract Sum to. the Cantractar as provided belaw and
elsewhere in the Cantract Dacuments,
5.2 The periad cavered by each Applicatian far Payment shall be ane calendar manth ending an the last day af the manth, ar as
fallaws:
5.3 Provided an Applicatian far Payment is received by the Architect nat later than the twenty-fifth
tenth day af a IDaoth, th~ Owner shall make payment to. the Cantractar not later than
the day af the t:0.LlOW1ngmanth, If an Applicatian far Payment is received by the
Architect after the applicatian date fixed abave, payment shall be made by the Owner nat later than twenty ,( 20 )
days after the Architect receives the Applicatian far Payment.
5.4 Each Applicatian far Payment shall be based upan the schedule af values submitted by the Cantractar in accardance with
the Cantract Dacuments, The schedule af values shall a1lacate the entire Cantract Sum amang the variaus partians af the Wark
and be prepared in such farm and supparted by such data to. substantiate its accuracy as the Architect may require, This schedule,
unless abjected to by the Architect, shall be used as a basis far reviewing the Cantractor's Applicatians far Payment,
5.5 Applicatians far Payment shall indicate the percentage af campletian af each partian af the Wark as af the end af the periad
cavered by the Application for Payment.
5.6 Subject to. the provisians af the Cantract Dacuments, the amaunt af each progress payment shall be camputed as fallaws:
5.6.1. Thke that partian af the Cantract Sum properly allacable to. campleted Wark as determined by multiplying the percentage
campletian af each portian af the Wark by the share af the total Cantract Sum allacated to. that partian af the Wark in the schedule
af values, less retainage af ten percent
( 1 0 %), Pending final determinatian af cast to. the Owner af changes in the Wark, amaunts not in the dispute may be
included as provided in Subparagraph 7,3,7 af the General Canditions even thaugh the Cantract Sum has nat yet been adjusted
by Change Order;
5.6.2 Add that partian af the Contract Sum praperly a1lacable to materials and equipment delivered and suitably stared at the
site for subseqllcnt incarparation in the campleted constructian (or, if approved in advance by the Owner, suitably stored aff the
site at a lacatian agreed upan in writing), less retainage af ten
percent ( 1 0 %);
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amaunts, if any, far which the Architect has withheld ar nullified a Certificate far Payment as provided in Para-
graph 9,5 af the General Canditions.
5.7 The progress payment amaunt determined in accardance with Paragraph 5,6 shall be further madified under the fallawing
circumstances:
5.7.1 Add, upan Substantial Campletian af the Wark, a sum sufficient to. increase the tatal payments to.
percent ( 90
Sum, less such amaunts as the Architect shall determine far incamplete Wark and unsettled claims; and
5.7.2 Add, if final campletian of the Work is thereafter materially delayed thraugh no. fault af the Cantractar, any additianal
amaunts payable in accardance with Subparagraph 9.10.3 af the General Conditians.
5.8 Reductian ar limitatian af retainage, if any, shall be as fallaws:
ninety
% ) af the Cantract
(If il is imended. prior 10 Subslantial Completion of Ib~ entire Work, to reduce or limit tbe retainage resulting from tbe percrmtages inserted in Subpara'
{(rapbs 5, (" I and 5,6,2 abo/'e, and tbis is not explained elsewhere in tbe Contract Documents, insert bere propisions for such reduction or limitation.}
AlA DOCUMENT A101 . OWNER,CaNTRACTaR AGREEMENT. TWELFTH EDITION. AlAi!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, NW" WASHINGTON, D,C. 20006
A101.1987 4
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
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ARTICLE 6
FINAL PAYMENT
Final payment, constitl;1ting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)
the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming
Work as provided in Subparagraph 12.2,2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive ftnal payment; and (2) a fmal Certiftcate for Payment has been issued by the Architect; such fmal payment shall be made by
the Owner not more than 30 days after the issuance of the Architect's fmal Certiftcate for Payment, or as follows:
ARTICLE 7
'MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref-
erence refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in
the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Insert rate of interest agreed upon, if allY.)
NONE
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credillaws and other regulatio>lS at the Owner's and
Contractor's principal places oJ busirless, the location oJ the Project and elsewhere may aJJect the validity of this prollision, Legal advice should be obtained
with respect to deletio'lS or modifications, and also regarding requirements s,uCh as written disclosures or waivers.)
7.3 Other provisions:
N/A
ARTICLE 8
TERMINA liON OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the ContractOr as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions,
AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT. TWELFTH EDITION. AlAI!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 20006
A101.1987 5
WARNING: Unlicensed pholocopyingvlolales U.S. copyrighllaws and Is subject to legal prosecution.
9.1 The Contract Documents, except for Mod.ificatjons issued after execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Sund2rd Form of Agreement Between Owner and Contractor, AlA Document Al 0 I, 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
Section D Bid Bond 0-1 to 0-2
Section E Standard Fonn of Agreement SF-I
Section F PerfonnanceBond F-I to F-2
Section G Payment Bond 0-1 to 0-2
Section H Oeneral'Conditions OC-I
Section I Modifications to the General Conditions I-I to 1-4
Section J Application and ' Certificate for Payment AP-I
Section K Notice to all Bidders K-l
Section L Contractor Certification Regarding Depannent
Suspension, and other Responsibility Matters
Dept. of Trans. St. of Ga., SpecialProvision
Dept. of Trans. St of Ga. Required Contract
Provisions for Federal-Aid Contracts
Appendix A Notice to Contractors Compliance
with Title VI of the Civil Rights Act of 1964
for Federal-Aid Contracts
Standard Federal Equal Opportunity Const.
Contract Specifications (Executive Order 11246)
(43FRI4895) P-I-P-4
Section Q Required Contract Provisions Federal-Aid Q-I-Q-21
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as fOllOWS:
(Eilber USllbe SpecificaJions bere or refer to an exbibil attached 10 Ibis Agreement.)
SeedoD Title
rl"
Section M
Section N
Section 0
Section P
ARTla.e 9
ENUMERATION OF CONTRACT DOCUMENTS
65-68, 70, 75
M-1
N-1
A-I-A-2
Pages
DIVISION 2 - TECHNICAL SPECTFICA nONS
02200
02400
02485
02490
02513
02515
02980
Earthwork
Site Drainage
Hydro-seeding
Trees, Plants and Ground Covers
Asphaltic Concrete Paving
Concrete Curbs, Walks and Paving
Landscape Accessories
02200-1 to 02200-6
02400~ 1 to 02400-7
02486-1 to 02485-6
02490-1 to 02490-11
02513-1 to 02513-11
02515-1 to 02515-7
02980-1 to 0298Q..2,
AlA DOCUMENT Al01 · OWNER,CONTRACTOR AGREEMENT. TWELFTH EDITION . AIA~ . @1987 '
THE .-\MERlCA1'IINSTITL"TE OF ARCHITECTS, 1735 NEW YORK AVENUE, :'-/,W" WASHINGTON, D,C. 20006
A101-1987 6
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9.1.5 The Drawings are as follows, and are dated
(Either list the Drawillgs here or refer to an exhibit aI/ached to tbis Agreemem,)
Nuniber Title
unless a different date is shown below:
Date
1
Site Plan
January 15, 2001
2
Miscellaneous Site Details January 15, 2001
3
Landscape Enlargement Plans January 15, 2001
9.1.6 The addenda, if any, are as follows:
Nmnber
Date Pages
1
September 25, 2001
2 (two)
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,
AlA DOCUMENT Al01 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA\!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, J 735 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006
A101-1987 7
WARNING: Unlicensed photocopying violateS US. copyright laws and is subject to legal prosecution.
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9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List here any additional documents which are intended to fonn part of the Contract Documents, The General Conditians provide tbat bidding requirements sU{;b
as ad/lerlisement ar itl!!italiatl to. bid, Instructians to. Bidders, sample farms and tbe Cantractar 's bid are not part af tbe Contract Documents unless enumerated
in tbis Agreement, They sbauld be listed bere anly if intended to. be part af tbe Cantract Documents.)
Invitation To Bid
Infonnation For Bidders
Bid Proposal Fo:rm
Standard Fonn of Agreement
This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which
one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
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CONTRACTOR
Construction, P~fected, Jnc.
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(Signature)
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P..-<.. E. s
(Printed name and title)
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AIA<I> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 20006
A101-1987 8
WARNING: Unlicensed photoCopying violates U.S. copyright laws and is subject to legal prosecution.
. , , II'
ADDENDUM 1 TO STANDARD' FORM OF
AGREEMffiNTBET~ENO~RANDCONTRACTOR
1. This Agreement is intended by the Parties to, and does, supersede any an all provisions of the
Georgia Prompt Pay Act, O.C.G.A. 9 13-11-1, et. seq. In the event any provision of this
Agreement is inconsistent with any provisi~n of the Prompt Pay Act, the provision of this
Agreement shall control.
2. Claims, disputes or other matters in question between the parties to this Agreement which arise
out of or relate to 'this Agreement or a breach thereof shall be deciqed in the Superior Court of
Richmond County, Georgia
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THE CINCINNATI INSURANCE COMPANY
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A312 (December 1984 Edition)
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
CONTRACTOR (Name and Address):
Construction Perfected, Inc.
583 Cherry Avenue
North Augusta, SC 29841
SURETY (Name and Principal Place of Business):
THE CINCINNATI INSURANCE COMPANY
6200 S. GILMORE ROAD
CINCINNATI, OHIO 45014-5141
OWNER (Name and Address):
Augusta-Richmond County Consolidated Government
530 Greene Street
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount: $83,757.00
Description (Name and Location): Construction & Renovation of Lake
Walk/Bike Trail STP.0000-00(155) P.I.
BOND Lake Olmstead Park, Augusta, Georgia
Date (Not earlier than Construction Contract Date):
Amount: $83,757.00
Modification's to this Bond: XJ None
Olmstead
No 0000155
o See Page 3
CONTRACTOR AS PRINCIPAL
, Company: (Corporate Seal)
\ Construction Perfected, Inc.
::"!~Signature: ~ ,
,. .~ame and Ti';;, Jit.(j~~p~ ~.
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\.~(Any -;;dd!tional signatures appear on page 3)
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(FOR 'INFORMA TlON ONL Y-Name, Address,and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Roy Scarborough & Associates, Inc. other party): Davis Des ign Group
Post Office Box 10106 120 Fifth Street
Augusta, GA 30903-2706 Augusta, GA 30901
706-722-8338
5-21 OO-AJA-A312 (6/87) PERFORMANCE BOND
A312.1984 1
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THE CINCINNATI INSURANCE COMPANY
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A312 (December 1984 Edition)
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
CONTRACTOR (Name and Address):
Construction Perfected, Inc.
583 Cherry Avenue
North Augusta, SC 29841
SURETY (Name and Principal Place of Business):
THE CINCINNATI INSURANCE COMPANY
6200 S. GILMORE ROAD
CINCINNATI, OHIO 45014-5141
OWNER (Name and Address):
Augusta-Richmond County Consolidated Government
530 Greene Street
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount. $83,757.00, ,
, : , . Construction & Renovation of Lake Olmstead
DesCrIption (Name and Locatlo~alk/Bike' Trail STP .0000-00(155) P. 1. No 0000155
BOND' Lake Olmstead Park, Augusta, Georgia
Date (Not earlier than ConstrucJ;,igs 73?tra5t Date):
Amount: q> , .
Modifications to this Bond: x~ None 0 See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
S??s~~uction Perfected, Inc.
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~ ~Ar;y a;di:ti9n~1 ~i'~natures appear on page 6)
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SURETY
$-2150-AIA-A312 (6/87) PAYMENT BOND
A312-1984 4
A~lE CINCINNATI INSURANCE COMPAN)
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Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organi'zed under the laws
of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint .
Roy Scarborough, Jr.; Eugene A. Cronic; Suzy M. Dekle;
Alicia J. Rhoades and/or Nancy T. Anderson
of Augusta, Georgia, its t,r~e and lawful, Attorney(s)-i~-Fa~tto'sign, execute, seal
and deliver on its behalf as Surety, and as Its act and deed, any and all bonds, polIcies, undertakings, or other lIke Instruments, as follows:
Any such obligations in the United States, up to
Fifteen Million and No/IOO Dollars ($15,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of Dece!Tlber, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in-
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority, Any such writings so executed by such Att9rneys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regular!y elected
officers of the Company,"
This Power of Attorney is S'i"gii'ed and sealed by facsimile under and by the authoiity of the following Resolu~ion adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973.
"RESOL VED, that the signature of the President or a Vice President and the seal of the Company may be "ffixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the ~eal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certifica(e bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed ~nd sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is; attac,hed,
continue to be valid and binding on the Company."
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to ;be sealed with its
corporate seal, duly attested by its Senior Vice President this 28th day of April, 1999,
T~INNA TIINSURANqE COMPANY
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STATE OF OHIO
COUNTY OF BUTLER
) ss:
)
On this 281h day of April, 1999, before me came Ihe above-named Senior Vice President of THE CINCINN/I, TI INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the p~eceding instrument
is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and: subscribed to said
instrument by the authority and direction of said corporation, ;
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MARK J. LLER, Attorney at Law
NOTARY PUBLIC - STATE OF OHIO
My commission has no expiration
date. Section 147.03 O.R.C.:
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the
above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said
Power of Attorney is still in full force and effect. ' " ' ,
GIVEN under my hand and seal of said Company at Fairfield, Ohio,
day of
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Assistant 'Secretary
BN-I005 (4/99)