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HomeMy WebLinkAboutRCN Contracting Augusta Richmond GA DOCUMENT NAME: ~CD Corn'(ad\()g DOCUMENT TYPE: G.S'( ~ T YEAR: C) ~ BOX NUMBER: \ q FILE NUMBER: \19qlo~ NUMBER OF PAGES: \:9 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the ~ day of ~. in the year 2003 by and between Augusta- Richmond County Commission (hereinafter called OWNER) and RCN Contracting, hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Savannah Place Gymnasium The Proj ect for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Article 2. ARCHITECT. The Project has been designed by: PRAD Group, Inc. Centennial Tower 101 Marietta Street, Suite 3502 Atlanta, GA 30303 who is hereinafter called ARCHITECT and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ARCHITECT in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed on or before 210 days after notice to proceed, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before 240 days after notice to proceed. -1- 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times, specified in. paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expehse and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Hundred dollars ($ 100.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Cornpletion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER OneHundred dollars ($100.00) for each day that expires after the time specified in paragraph 3.I for completion and readiness for fmal payment. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Base Bid: Five Hundred Eighty-seven Thousand, Three Hundred Fifty-four Dollars, ($587,354.00) Add Alternates: nla Deductive Alternates: n/a Total Contract Amount: Five Hundred Eighty-seven Thousand, Three Hundred Fifty-four Dollars, ($587,354.00) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 ofthe General Conditions. Applications for Payment will be processed by ARCHITECT as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ARCHITECT, on or about the 15th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Cornpletion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ARCHITECT shall determine, or OWNER rnay -2- withhold, in accordance with paragraph 14.7 of the General Conditions. . If Work has been 50% completed as determined by ARCHITECT, and if the character and progress of the Work have been satisfactory to' OWNER and ARCHITECT, OWNER on recommendation of ARCHITECT, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95 % of the Contract Price, less such amounts as ARCHITECT shall determine, or O'WNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon fmal completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ARCHITECT as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, pro gress, performance or furnishing of the Work. 6.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, perforrnance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar .., -,)- information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. . 6.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 6.5. CONTRACTOR has given ARCHITECT written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ARCHITECT is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following but not limited to: 7.1. This Agreement (pages 1 to 7, inclusive). 7.2. Exhibits to this Agreement 7.3. Performance and Payment Bonds 7.4. Notice of Award. 7.5. General Conditions (pages I to 29 inclusive) . 7.6. Supplementary Conditions (pages I to 3, inclusive). 7.7. Specifications consisting of Divisions 1,23,4,5,6,7,8,9,10,15 and 16, as listed in table of contents thereof. 7.8. Drawings, consisting ofa cover sheet and sheets numbered CO.O through E3.1 inclusive with each sheet bearing the following general title: CO.O Cover Sheet C.l Site Plan C.2 Grading & Drainage Plan C.3 Sedimentation, Erosion & Pollution Control Plan CA Tree Pollution Plan C.5 Details C.6 Details C.7 Details C.8 Details -4- Al.l A2.1 A3.1 A4.1 AS.1 AS.2 A5.3 A6.1 A6.2 S.l S.2 S.3 M1.0 M1.1 MI.2 M1.3 FPI.l FPI.2 FP1.3 FP2.l ELI E1.2 E1.3 El.4 E2.1 E3.1 Floor PIan Reflect~ Ceiling Plan, Roof Plan & Roof Details Exterior Elevations Building Cross Sections Wall Sections Wall Sections & Details Wall Details Finish, Door, & Window Schedule; Door Types & Interior Elevations Door & Window Details Structural Floor Plan Structural NoteslDetails Structural NoteslDetails Notes & Legend HV AC Door Plan HV AC Schedules Details Plumbing Schedules, Legends, General Notes Plumbing Details Sprinkler Schedules, Details & Notes Plumbing Floor Plan Elec. Notes & Schedule Elec. Riser Diagram & Schedule Elec. Site Plan Elec. Details Elec. Power & Special Systems Plan Elec. Lighting Plan Deductive Alternate Drawings Included: C.l Site Plan C.2 Grading & Drainage Plan C.3 Sedimentation, Erosion & Pollution Control Plan CA Tree Pollution Plan C.5 Details A1.1 Floor Plan A2.1 Reflected Ceiling Plan, Roof Plan & Roof Details A3.1 Exterior Elevations A4.1 Building Cross Sections A6.1 Finish, Door, & Window Schedule; Door Types & Interior Elevations A6.2 Door & Window Details S.l Structural Floor Plan -5- Ml.l HVAC Door Plan M1.2 HV AC Schedules M 1.3 Details. FP2.1 Plumbing Floor Plan E 1.2 Elec. Riser Diagram & Schedule EIJ Elec. Site Plan E 1.4 Elec. Details E2.1 Elec. Power & Special Systems Plan E3.1 Elec. Lighting Plan 7.9. Addenda number, inclusive. 7.10. CONTRACTOR's Bid (pages I to 5, inclusive). 7.11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, rnodifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 7.12. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in this Agreement which are defmed in Article I of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. -6- Article 9. OTHER PROVISIONS. 9.1 GEORQIA PROMPT PAY ACT This agreement is intended by the parties to, and does, supercede any and all provisions of the Georgia Prompt Pay Act, O.e.G.A. _ 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provisions of this Agreement shall control. 9.2 CONSENT TO mRISDICTION All claims, disputes and other matters in question between the OWNER and the CONTRACTOR arising out of or related to the' Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 9.3 RET AINAGE Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due CONTRACTOR on any sum held as retainage pursuant to this Agreement and CONTRACTOR specifically waives any claim to same. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ARCHITECT. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ARCHITECT on their behalf. This Agreement will be effective on , 2003 COJ-l;lRA~ {C.c.iJ. CohA:T.( BY-L ~ - ..L -....<- OWNER Augusta-Richmond County Commission, Au ~BY Address for giving notices Attest [CORPORATE SEAL] Attest ~4 \\ "3S- ~b E-vA."J S ~A 5D99q License No. cK.xi~O~3 (If CONTRACTOR is a corporation, attach evidence of authority to sign.) -7- ~ THE CINCINNATI INSURANCE COMPANY CINCINNA Tl, OHIO PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: ThatR.C.N. Contracting, Inc., 4411 3J Road, Evans, GA 30809 as Principal, hereinafter called Contractor, and THE CINCINNATI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Ohio, as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County, 2027 Lumpkin Road, Augusta, GA 30916 as Obligee, hereinafter called Owner, in the amount of Five Hundred - Eighty-Seven Thousand, Three Hundred Fifty-Four And No/I00 $587,354.00 Dollars ($ ), 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 Savannah Place Multi-purpose Center, New Gymnasium , entered into a contract with Owner for in accordance with drawings and specifications prepared by The Prad Group Inc. Centennial Tower, 101 Marietta Street, Sui te 3502, A tlan ta, GA 30303 (Here insert full narfle, title an~ address) 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 Contractor shall promptly and faithfully 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. No right of tion 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, admini trators or successors of the Owner. . " L.~-' Inc. B (Seal) OtA.J,~ (Title) ~ THE CINCINNATI INSURANCE COMPANY //' ~ ).-p.-:r? By:;~ .~., '/.;:7/ -<-:r-- W. D. Morris, Jr (Attomey-in-Fact) Printed in cooperation with the American Institute of Architects (AlA), by The Cincinnati Insurance Company who vouches the language in this document conforms exactly to the language used in AIA-311 Performance Bond, February 1970 Edition. S-2100-AIA (I ]/92) -'/ . //' c , ,,-- /' t (Seal) .. THE CINCINNATI INSURANCE COMPANY ClNCINNA TI, OHIO LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That R.C.N. Contracting, Inc., 4411 3J Road, Evans, GA 30809 as Principal, hereinafter called Contractor, and THE CINCINNATI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Ohio, as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County, 2027 Lumpkin Road, Augusta, GA 30916 as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of Five Hundred Eighty-Seven Thousand, Three Hundred Fifty-Four And No/I00 $587,354.00 Dollars ($ ), 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 , entered into a contract with Owner for Savannah Place Multi-purpose Center, New Gymnasium in accordance with drawings and specifications prepared by The Prad Group, Inc., Centennial Tower~ 101 Marietta Street, Suite 3502, Atlanta, GA 30303 (Here insert full name, title and address) 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 Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for 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 Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed 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 Principal 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 judgment 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 Principal, shall have given written notice to any two of the following: The Principal, 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 fumished, 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 Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of 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 Principal 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 elsewhere. . ' ... (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 amotmt of such lien be pres nted under and against this bond. B'~gE?ng, !re. (pn "'pal) B: -- (Seal) av~ (Title) (Witness) TH,E C!NCINNATIINSURANCE CPIYIPANY BY:~/L-~'_ ~ry-- y W D M . J (Attorney-in-Fact) /' (Seal) . . OrrlS, r Printed in cooperation with the American Institute of Architects (AlA), by The Cincinnati Insurance Company who vouches the language in this document conforms exactly to the language used in AIA-311 Performance Bond, February 1970 Edition. S-21S0-AIA (11/92) ,. POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE Your policy (or the policy proposed to you) contains coverage for certain losses caused by terrorism. Premium: We are required to notify you of the portion of the premium, if any, attributable to the coverage for terrorist acts certified under the Terrorism Risk Insurance Act of 2002. · The portion of your premium that is attributable to coverage for terrorist acts certified under the Act is $ 0 Federal Participation: The Act also requires us to provide disclosure of federal participation in payment of terrorism losses. · Effective November 26, 2002, under your policy (or the policy proposed to you), any losses caused by certified acts of terrorism would be partially reimbursed by the United States Government, Department of Treasury, under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Act of Terrorism: As defined in Section 102(1) of the Act, the term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States. to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infra- structure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. IA 423411 02 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINClNNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint William P. Eaddy; William J. Marsh; Sara Jo Kent; W. D. Morris, Jr. and/or Frank W. Hafner, III of Columbia South Carolina its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on it~ 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 Twenty Five Million and No/IOO Dollars ($25,000,000.00). 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 December, 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 Attorneys-in- Fact shall be binding' upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following .Resolution adopted.by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, 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 1st day of March, 2002. T;P::;;~CE COMPANY 5,"io, Vie, Pre'id~ STATE OF OIDO COUNTY OF BUTLER ) ss: ) On this 1st day of March, 2002, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding 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. ~\l">fI).~I:rrt,,::_ . ..:~:tr~~ ~;~ ~,. ~:?:>;;.', $'..1_- i.~:,t;}~>7~\r'~'f..:~"':':~'("~ i.~fm~~!~>:.: .7iL MARK J. LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 a.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINClNNA TI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. . GIVEN under my hand and seal of said Company at Fairfield, Ohio. day of .~~~ Secretary BN-1005 (3/02) , 09/B3/20e3 22:18 713686135134 CARRAWAY COHEN PAGE 132/02 ACfJB/);. , CERTIFICATE OF LIABILITY INSURANCE opro ~ D,lTi (MNlDDl\"YYYl I Oi/04l03 ~CIiR . , THIS C""II" .",ATE 15 ~'lI;P AS A MATTE!R OF I,~~ ATlO~ ONLY AND CONFERS NO RIGHTS UtON THr! C!RTIFICATE Ca::away, Cohen & Channell HOLDER. THIS CERTIFICATE DOES OT AM~ND, EXTEND OR 1229 Augusta Parkway w..t AL ~R THE COVERAGE AFFORDED BY THI! powclES Bf!LOW Augusta GA 30909 Phone:706-B6B-1610 ~ax:706-860-5134 INSURERS AFPoROINO COV!RAGE NAICtl I~Rm INSURER ~ Gr~e Mutual CuU&1tv Co. 14050 ~!l; _rtaan A1teftat:l._ n... CocP R C N Cont:aotin~, Inc. INSURER C: 4411 3J ~Acl IN&lJ!liR 0; baA. QA 30809 INSUREA E: COVERAGES THE POLICtE$ OF INSUAANCE U$TEl BELOW HAVleeN ISSUED TO THe INSURED NAM!O ABOVE FOR THi POUCY PERIOO INClCATS>. NOTWITHSTANDING fW( R~NT. TERM Q~ CONDITION 01" IWf CONTRACT OR OTHER OOCUMlNT WlTI-II'lE~cr TO WHICH TrUS Cl!1ml"lCATE MAY ll& IS$UED OR MAY JI!RT Am. THi INSURANCE AFFOIllOec 8Y THE ~es Cl:SCRlBl!C ti!ftelN IS SUEIJ!CT TO AU- THE TERMSl, EXCLUSIONS AND CCNClTlONS Oft SUCH POUCI!S. ACGJteClATE UlIITS SHOWN MAY MAV! SeeN REOVCiO BY PAID ClAIMS. LTR 1- TYP'e: O1lNlIlJIUNell !"OLICY NUMIIeft ~ DATII'rM~ UIIfn ~I:RAL LIABlUTY I!ACH OCCUMeMCI! 11,000,000 A .!. :rlORCIAl. C~AL UAEllUlY CPP2224028 ,03 05/09/03 03/09/04 PRlOMlSliS c.. __) S 100,000 - CUJMlI"'~ [!] OCCUR lIlEO I!XP (Any on" poormll) $!l ,000 Pe/WONt\l. a .4DV lNJl.1~ 51,000.000 GENERAL I\GClRlOl:AT1I J 2 000,000 ~ AGGIt!OATEi;:: An PER: AAQClUC'TS . COMPIOP NiG s2,000.000 POlleY n JeCT LOC ~OMOBIl.E UAOIUTY eoMBlNiO sINGLe UMr1" $1,000,000 A I-- ANY AUTO CPP2224028 03 05/09/03 05/09/04 (ea ac:cldanl;l - AU. ClWNiD AUTOS BOOll Y INAAY $ .!.. scHeClJl.eO AUTOS (PM peroon) - HIRl!O AuTOS SOCII. Y INJUItY NO~AUTO$ (Per accIdtlll) $ - - PROPERTl'DAM^GE J (PDr ~CCIOenO RU.ta'UTY AVT'O ONLY. I!A AeClCl&NT 5 Am ,o.uro 0'Tl0l1iR THAN ....ACC S AUTO ONLY: ACe: J 3E!3S1UN1f\ILLA UABlLITY EACH OCCURRENCe S OCC\JR 0 c.AJMS MADS AOOREGATEi $ =1=: s 5 . S I WDRI<ERS COMP'e:JIlSATlOH AHO I~u 1 IU~ l!l iMPL.OYeRS' I.WlIUTY BARWC05394 00 05/19/03 05/19/04 E.L EACH /ICOoen' J 1000000 ~RlIr1'tlRII'~UTIIII! ~ 1lXa.1.JOeD? ~ I. DIDASI!! ~ lSIIliMPLOY!'! $ 1000000 "~Uftaer !. L. D!miAS1i . POLICl' UMrr , 1000000 S ~0\IlS1ONS llelow ~ OG$CIllPTlCH 01' Ol'IRATKlICS I LOCATIONS I V!!HICLSa IIDlCUJsrONS ADDIlD BY ~IlAMDiT I PeelAl. ~CMSION8 Ce~fioate holder is li~ted as addition~ 1n~ in :Gspeots to l:i.abili ty. , Augucb. lti.ahmond. Co'Cn1::y 2027 Lumpkin aoad AuguS~ GA 30916 CANCI!!LLATION At7GlU:CC GUOUt.ll NN OF THG AIIOVE De5Clt~ ~~" BI! OANCELl.ED ~G TNE EXPUU. T1 D&~ THeI'eo~. ~ ISSUli'IG IHlIURI!R WILL IlNCSAVOR TO MAIL ~ DAYS \YmTTeN NOT1C1! TO THB CERTlFle"~ HOI.DER ~ TO THe LBI'T. BUT ,.AILul\e TO DO so 5iALl. IMPOSE liD ollUcanoN OR I.IAJIIUTY 01' ANY KIND lJl'ON THI! INSU~ ITlI AG&NTS OR ~ATrves. A 11I1""D CERTIFICATE HOLDER ACORD 25 (2Q01108)