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HomeMy WebLinkAboutA.T.Max Inc. Augusta Richmond GA DOCUMENT NAME: tl tJ 'I ty\ A"t XNC # DOCUMENT TYPE: CO (\.) TR..AC T YEAR:'lli 0 ~ BOX NUMBER: ~ \'3qOr~ F~E NUMBER: NUMBER OF PAGES: ~ \' t:?~ , /397 ~. (' ~ CONTRACT This AGREEMENT, made this 5th day of November, 1998 by and between Augusta-Richmond County Consolidated Government, 530 Greene Street, Augusta, Georgia 30911 acting herein through its Mayor, and A.T. Max, Inc., of Evans, Georgia, County of Columbia, and State of Georgia hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Park additions and renovations for Savannah Place Park, 1014 1 JI" Ave, Augusta, Georgia. Hereinafter called the "project", for the sum of: $174,000 (Base Bid) plus $4,000 (Add Alternate #1), for a total of$178,000, and all extra work in connection therewith under the terms as stated in the General and Special Conditions of the Contract: and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Supplemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by Roger W. Davis - Landscape Architect, Inc. herein entitled the ARCHITECT, and as enumerated in Paragraph "I" of the Supplemental General Conditions, all of which are made a part hereof and collectively evidence and constitute the contract. The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written'''Notice to Proceed" of the OWNER and to fully complete the project within 90 consecutive calendar days thereafter. '~ ~ . ;; As applicable, the parties agree to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the. General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph "25", "Payments to Contractors," of the Gel1eral Conditions. ~~ The provisions set forth in Exhibit A, attached hereto, ~. are specifically incorporated by reference. The OWNER shall be responsible to pay the sum of $178,000.00. IN WITNESS WHEREOF, the parties to these present have executed this Contract in three (3) counterparts, each of which shall be deemed an original in the year and day first mentioned. ATTEST: ,'..;>.~,," ..,." - ~ , . - ~ ,.:.:; ... ;...;.. ... -- WITNESS: (Secretary) (Plain VVibness) SEAL ~ tl/(~Il1~ By: ~ 'X :" r' "i This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating 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. 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. Exhibit A ~ I I I I "I I I I I I I I I I I I I I I -, CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Aqreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit" Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Date jo - /0 ,H~U. -- ~ ;/, 7: H/I- X , /~C I (Name of BIDDER) --;;;;. y It.,vt wt c0 ,.. " " r?D. ~ox ,g77 BY: (Official Address) .---- -e;. (/ /J-r/ s.. ITS: P 12. 'L'<s: ('D ~ /VI . (Trtle) G-tl- ~vgD9 (City. Sla%e. Zip) c.R. L - I I I I I I I I I I I, I I I I I I I I I CERTIFICATION OF NON-SEGREGATED FACIUTIES . BY PRIME CONTRACTOR The BIDDER certified that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under BIDDER's control where segregated facilities are maintained. The BIDDER certifies further that the BIDDER will not maintain or provide for BIDDER's employees any segregated facilities at any of BIDDER's establishments, and that the BIDDER will not permit BIDDER's employees to perform their services at any location under BIDDER's control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance ,of this BID. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided tor employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The BIDDER agrees that, except where the BIDDER has obtained identical certification from proposed subcontra'ct~rs for a specific time period, BIDDER will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that BIDDER will retain such certification in BIDDER's files. Date /& - Ie? - . , 191.Z. II. -r- 1-1A-~ IA/L I (Name of BIOOER) f? 0.._, c60x - ~ I 0 IV,! II- /Y1 yYt cJ( 1~7 7 BY: (otIicial Addrea.) ...::- C: (/ /T7V5 ~ '- R. e-s-/ ~t;;#1 (TltII ) ITS: G4 >ocfo7 (City, Slate. Zip) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. ~1 001. eMf -I I I I I I I I I I I I I I I I I I I I INSTRucnoNs'foa COMFlmON Of Sf.w.. DISaOSURE Of;1088\1NG AcnvmES ThI. dfsdosure fonn ah&II be comp'eted by the repotting entity, whe1her ~udee or prime FedenI recipient. It the lnitI.don or rKelpt of . COYered Federal acdon, or . materl.l cNnse to I ~s fDins, pursumt to title 31 U.5.c. secdon 1352. The ffllnlJ of. form I. required b exn payment or asreement to make ~ent to lIlY lobbying entity 'or In"uend", or IttempdnS to lnftuence an officer or empJoyee of any agency, . Member of Congress. an .officer or emP'oree of Consress. or an emp'oyee of . Member of Congress in connection with . covered Feder31 ICdon. Use the Sf.ill-A Contfnuation Sheet fw MldltioNJ infonNtion if the IpKe on the 'ann i. iNdequate. Complete all items dut apply for both the InitUJ fflinSIftd rNterl&l change 1'q)Ort. Refer to the ImplementinslJUldance published by the Office of ~gement and Budtset for additional InfOtlNdon. . 1. Identity the tn>>e of COYered Federal aciIon for which lobbying actMty ii M\dIor ha been secured to influence the outcome 01 . covered Federal actfon. 2. Identify the ItltUlI of the covered Federal action. J. Identify the approprilte d_fiatlon 01 this report. If this Is . foIJowup report aused by I material change to the InfOl'lNbon pt'e\'IousJy reported, enter the year and quarter In whJch the chlnge occurred. Enter the cUte of the last ptevfousJy submitted report by this reporting.entity for this covered feder&lldion. ... Enter the full name, address, city, stlte and zip code 01 the reporting entity. Include ConpssiofW District, If known.. Chedt the Ipproprilte dl$sifiation of the reportfns entity that ,*esilJ"ltes if it is, or. expects to be. . prime or subawvd reclp4ent. Identify the tier of the su~udee. e.s.. the fint suluwardee of the prime is the 1st tier. Su~uds include but ~ not limited to subcontracts, subtJranb and contract ~ards under grants. S. If the orsanludon filing the report in item 4. checks -Su~Mdee., then enter the full rwne, address, Qty. state and zill code of the prime Federal recipient. Include Congression&l District, If known. -, . 6. Enter the rwne of the Federal agency making the award cw l~commitment. Indude at least one o'llanizatioNl level below agency name, if known. For exvnple, Department 0' Transportation, United States <:OUt Guard. 7. Enter the Feder&l program name or description for the covered Federal iction (item 1). If known, enter the full Catalog of Federil Do~tic AssisUnce (GDA) number for grants. cooperative agreements, loans. and loan commitments. I. Enter the most appropriate Federal identifying number .......lable for the Federal Ktion identified in item 1 (e.g., Request for Proposal (RFP) num~r; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan ~ard number; the application/propouJ control number assigned by the Federal agency). Indude . prefixes, e.g., -RfP.DE.90-001.- 9. For a covered Federal action where there ~ been an award or loan commitment by the Federal agency. enter the Federal amount ot the ~ard1oan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name. address. city. state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full tWT1es of the individual(s) perfonning ~rvices, and indude full address if different from '10 (a). Enter Last Name, First Name, and MiddJe Initial (MI). 11. Enter the amount of compensation paid or reuoNbly expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indiate whether the payment has been made (actual) or will be made (planned). Check 'aJJ boxes ~t apply. If this is a material ch.tnge report, enter the cumulative amount of ~ent rNde or plaNted to be lNde. 12. Ched the appropriate box(es). Ched &II boxes ~t apply. If JUyment is made through ~ in-kind contribution. specify the Ntun: and value of the in-kind ~nt. . 13. Check me appropriate box(es). Chedc all boxes that apply. If other, specify natun:. ,... PrcMde a specific and dew1ed description of the services ~t the lobbyist tw perlonned, or WIll be expected to perform, and the date(s) of any ~rvices rendered. Indude all prep~tory and related activity. not jU1it time spent in KtuaI contKt with Federal officials. Identify the Feder31 official(s) or employee<s) conUcted or the officerCs), ernpJo~s), or MemberCs) of Congress ~t were contaded. 1S. Qed. whether or not I SF.LU-A Continuation Sheet(s) is attached. ,. " 16. The certifying official shall sign and date the form, print hiSl1ler name, title. and telephone number. I'ubIk reporti"l burden lot ttm collection of inf~ is ntirmted to llI'enIe 30 mintua ~ mpome. indudi"l time for reviewins Instructions. ~M"Chins nisti"l dati sourc"- 11thmn& and INinwni"llhe <<Uta~. and comi*ti"l and reYiewi"llhe collection of information. Smd comrnenu resardinc the burden estimate or '"' other aspect 01 this collection 01 infoftNtion. includi"l wgestiom tor reducins this bwden. to the Offiu 01 Mmas~ And Budcet. Paperwott Reduction Prof<<t (O~). W~ D.C. 20503. Cf2.L~2. I DISCLOSURE OF lOBBYING ACTJVmES Complete d\is fonn to cIsdoM IobbYint KtMtia pcrIUInt to 31 U~ 1352 (See rwverM b public bwdeft dlldosureJ ~"0Ma OJ.... I I I I t. Type 01 FedenI Adoc Da.conJract b. pant c. CiOOfl'dAltt...: .,-eement d.1c.n e. ao.n au.-antee t. Io.n Ins&nnce .. "'- .. A.wraI 01 . o Prime 0 1 SCaIhu 01 fedenI A.ctioc O a. bici'oHevippliadon b. IniIW ...-d c. post-MIld ~A- 1 .... Trpe: O a. lnitf., tUin b. 1N&eNI L.e ,. M.IerW 0.... cw,: reM' quarter _ date 01 last report So IIc....E .No.4.~&wN__ .... ~ 01 Prime: EadIv: ~ Tiel' _' if inown: /'I /It N:f}- I C if tnowrr. L feclenl ~"'ency. ;I lit C Disarict. if inown: 7. FedenI Prapaa. ~ 1\1/ . CfOA Number. if w~: f/ !. A.... Amouaa. if ~: S .. Indhiduak Pm . Senices linducIinJ ~I it diff~ from N~ flut IWM. fitst nvne,MI>: I I I I I I .. f~ Actio. Nunabu. if known: -, 10. a. ~ and AddtftI 01 ~ Entity (if indNidIRl. lut fW'M. first IWM. Mil: tlllt .tr.dt Contincqr;o., 12. form 01 o a. cUh o b. In-kind; specify: ~ture Y~ue 13. Type of ~nt (ch~k .It emf ~plyr. o L reliiner o b. onHime I<< filii o c. commission . o d. con~nf ~ o e. def~ o f. other; specify: I 1.. Brid Dftcripciola 01 Scnica Paf0rme4 or to be Paf0mte41Dd D&le(s) of Semce.1ndudinJ offlCerij). ~pIoJ'uw. or MentbmsJ conbded. ,- p~ Iftc&cated in .._ 11: ..... ;. I tvlA I I 15. C~.atioa SMd(sJ Sf.uJ.-A.rbched: ~ o Yes Sipalurr. PriM N-.e: Tille: Tclepbo..e~fbt7 7S7g DNo I .a. ......... ~ -... _ .... II .--. ., _ II u.s.c.. -- IJSl. IIIIt ---.....,.... ..- II. _. Ml ..... -.... --- - ~.,... - - _.- -- - -.. ~ ..... n.. ............... ____ .. J1 u.s.c. uu. "'" ---- .. .. __ .. ... c-.,.. ....... ....... -- .. .. _ lor ....... ___ ".., _ .... ... .. .. ... ~ -- - .. Mljoc1 .. ..- --'" .. - ... - s.... __ _ _ _ '__Ior __ _....... ",::,.~~i~;,;!!:;ii~:~:f~r;~~~~~~~l~~~~~1l~J~;t~r~)R.?i:': =..~ ~ L.-~';" I I c.. r2. L- 3 I I . I I i I I. _. I ., Ii I . I I ) , I I . .. I .~) I I I L1*dns Endty: Federal Reibter / Vol. 54. No. 243/ Wednelday. December 20. 1969 i Noti~ DISCLOSURE OF LOBBYING ACTlVmES CONTINUATION SHEET ~ . " rr ... Gt2.L- 4 52325 ~ '" 0M8 ClS*OlM6 '.. _ 01 .. ~"""~11'l ~ IIMdw4 ... . w...\ r I I I I I I I I I I I I I I I I I I I .... -t B=80-368512 ZI- . ,,"'-:; PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we A.T.MAX, INC. (Name of Contractor) a Cot Corporation, Partnership, or Individua hereinafter called "Principal" and Cincinnati Insurance Company (Surety) of Cincinnati , State of Ohio hereinafter called the "SuretyU, are held and firmly bound unto Auqusta-Richmond County Consolidated Government of Augusta, Georgia (Owner) (City and State) hereinafter called "Owner", in the penal sum of One Hundred Seventy-Eight Thousand Do 11 a rs ($ 1 78, 000. 00 payment of which sum well executors, administrators these presents. ) in lawful money of the United States, for the and truly to be made, we bind ourselves, our heirs, and successors, joi ntly and severally, fi rmly by THE CONDITION OF THIS OBLIGATION is such that. Whereas, the Principal entered into a certain contract with the Owner, dated the 6th day of November ,. 19 98 , a copy of which is. hereto attached and made a part hereof for the'construction of: Park Additions and Renovations: Savannah Place Park Augusta, Georgia NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performi~g.labor in the prosecution of the work provided for in such contract, and any aotlwrized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise.to remain in full force and effect. PA-1 . '\;, ..-;: ... ". . , . , r " '. , PROVIDED, FURTHER, that the said surety~"~'for., value received hereby. stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the. terms of the contract or to the work or to the specifications. . , PROVIDED~ FURTHER, that no final settlement between the Owner .and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. . . IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an. original, this the 6th day" of November 19 98. ArrEST: ..~ ..". /- I-~ --------~ ~.- ~. , -~_::=- ...~!~P.~.i:t!,c;ip' ecretary ... ~ ~ r .~""~~i.~ ~ ___ ;: r:"' \o\",,,?\. ~:. _::::: "" : ....:, ('S EA'I:'}, ~:.;:: =: - :..; :~~:r;2 i.~ ~ By ~ ~--::-~, ' ~~ j ~;. .~"'"'~/ ~ P 0 B '"'-' . . r'-"or__... ~.~~" rAJV~ /~ '~~r'''''', 'N ttAh . Wi ~ as to Principal CP~~/tJ{#/~4 . Address -Z p Code . . 30903 ATTEST: A.T. MAX, INC. 30809 ..,j."t. Cincinnati Insurance C.ompany'" ,.. ~. Suretv /?' "~. ;;', ~__ By V/[..;. :..""";: AttorneY-In-F~ . ~> - -. .. ..-... ~ ,,'~~. :~~- ... . .. '- #"" .....-(''":-. (Surety) Secretary (SEAL) .#. , ~[)~: r , r--Ifl,~ dt61J( L \l~~o Surety Q (f~~ies191 J)~deJ P.o. Box 101.06 Augusta, GA 30903'~. (Address-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. PA-2 PERFOKr~NCE; BOND Bond #B-80-368512 . f ..:...._-*~ r-- ~'Cr:-, .~. '~~ 1 . , . , . ! KNOW ALL MEN BY THESE PRESENTS: That we A..T.",MAX. INC. ' . [Name of Contractor) I I ' a Corporation (Corporation, Partnership or Individual) r-; hereinafter call "Principal" and Cincinnati InrS~:et~j Company of Cincinnati , Sta te of Ohio hereafter call ed the "Surety", are he 1 d and fi rmly bound into Auqusta-Richmond",County r" (Owner) I I Consolidated Government of Augusta, Georgia herea fter .-- I' called "Owner", in the penal sum of One Hllnnrpn-Seventy Right 'T'hcH1!';;:mn , --------------------------- Dollars i-- I ~ .; ($ 178,000.00 ) in lawful money of the United States, for the payment ., of which sum well and truly to be made, we bind ourselves, our heirs, f.- executors, administrators and successors, jointly and severally, firmly by i. these presents. THE CONDInON OF THIS OBLIGATION is such that 14hereas, the Principal entered into a certain contract with the Owner, dated the 6th day of \ i November , 19 ~, a copy of wh i ch is hereto attached and made a part hereof for the construction of: . . I Park Additions and Renovations: Savannah Place Park r'- i Auqusta, GeorqiaBid #98-172 NOW, THEREFORE, if the Prin~ipal shall well, truly and faithfully perform its duties, all the undertakings, covenants,tenns, conditions, and agreements of said contract during tHe original term thereof. and any extensions thereof which may be granted by the Owner,with or without notice to' the Surety. and if he shall .satisfy an claims and demands incurred under such contract, and shall fully ..:indemnify and save harmless the Owner from all costs and damages which. it may suffer by reason of failure to do so, and shall .reimburse and repay the Owner all outlay and expense which the Owner may incur in making good an'y default, then the obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that ~he said Surety. for value received hereby stipulates .and agrees that no change, extension of time, alteration or additi on to the terms. of the contract or to the work to . be performed thereunder of the specifications accompanying the same shall in any wise . PE-1 I I I I I I I I I I I I I I I I I I U -. , ~_~;_ a:f,.fect its obligation on this bond, and it does hereby waive notice of any' . 'stfch change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or additi on to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. . PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 6th day of November 19 98 ATTEST: A.T. MAX, INC. Principal s ~ ~;:- __~--~ J~ ~ ~,... ~~1"lt("P:.i~ .,:.'--~~. ~-::: "" ",'~ ...,-;..:.:: ~ {~ > ~'::~. ~\~l ;;:: - .J~S ~--:J. J?).:~ ::; ~ \~.S .<:~:.~ t .0;.. ......-..... ~.... ~ .:-- ~ ~ ---~~..... ~ -;"'rr,..~ i..,:,.,.L J ~\"t ~ ~r~,,4\"'N_ COA~~ . ~ess as to Pri nci pa' y~~ !~{}h /J ,,;.~;~e~~i p :;.J r 30-Q 2)3 ~/ . By P.O. Box 1877 Evans, GA 30809 (Address-Zip Code) '-. (Surety) Secretary .... - " ~ ) P.o. Box 10106 Augusta, GA 30903 (Address-Zip Code) NOTE: Date ;of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond PE-2 ( THE ClNCINNA 1::1 iNSURANCE COMPANY Fairfield. Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI 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 Roy Scarborough, Jr.; Eugene A. Cronic; Suzy M. Dekle; Michael C..Shelton and/or Alicia J.Rhoades of Augus ta, Geor gia its true and lawful Attorney(s)-in-Fact to 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/100 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 December. 1958. which resolution is still in effect: "RESOL VED, 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. "RESOL VED, 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 and Treasurer 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." TN 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 14th day of April. 1994. STATE OF OHIO COUNTY OF BUTLER ) ss: ) THNCINNATI INSURANCE COMPANY fi/~)tf~~ Senior Vice President .. On this 14th day of April, 1994, before me came the above-named Senior Vice President of THE CTNCINNA TI INSURANCE COMP ANY. to me personally known to be the officer described herein. and acknowledged that the seal affixed to the preceding instrument ~s the co~~,q;':Ite!:~~\lJ/,~: said Compan.y an~ the corporate seal and the signature of the officer were duly affixed and subscribed to said 1I1str.,:,l)'t,:\,,~:~~~.:~:~~....~~.~.~...and dIrection ot saId corporation. ~.. .:it.{:~:)':,":~~~~~.!\i.,i~~:~;ii,~2.<~:~~':"\:. .J r:<.. t> ~ 0 .~~ ~.,-" :" '~""'ll.' ,tl!~':r-t ....,.~.;'.".:... ('I -;... ~. \~ ~;:J,~~~1~~/:,}, :;::~~~~~~Jfi~f~~~~~td~:'W "'-i{~~'. the {!nder~.igIied Secretary and Treasurer 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 i"n full force and effect. , , ~~ j}~..-'...~ Secretary and Treasurer BN-I005 (4/94) r A4:4.ltl.~ l CERTIFICATE OF ,[lABiliTY 'INSURANCE DATE (MM/DD/YY) I 08101197 PRODUCER . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R~ Scarborout & Assoc., Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR a R~OldS treet ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. x 10106 COMPANIES AFFORDING COVERAGE Augusta GA 30903-2706 COMPANY A CINCINNATI INSURANCE CO. INSURED COMPANY A MAX, INC. B ASI POST OFFICE BOX 1an COMPANY EVANS GA 30809 C FIDELITY & DEPOSIT CO. COMPANY D COVERAGES -' ..,- - . - -1'l=i[S-Is-To-c"ERTIFY-TAAnHOOCicIES-OnNSORANCnISTED-sELOi/I,'-AAi7nmnSSOED-TO-TAn~SORED-NAMED-AB-OVnOR-TRnOIiC'nERIbD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS LTR DATE . (MMlDD/YY) OA TE (MM/DD/YY) A GENERAL LIABILITY CAP7690850' 09/20/96 09/20/99 GENERAL AGGREGATE $ 500,000 ....,..,.... X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG $ 500,000 I CLAIMS MADE o OCCUR PERSONAL & ADV INJURY $ 500,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000 ~ FIRE DAMAGE (Anyone fire) $ 100,000 MED EXP (Anyone person) $ 5,000 A AUTOMOBILE LIABILITY CAP7690850' 09/20/96 09/20/99 500,000 - COMBINED SINGLE LIMIT $ ~ ANY AUTO X ALL OWNED AUTOS BODILY INJURY 'X (Per person) $ SCHEDULED AUTOS "x HIRED AUTOS BODILY INJURY X (Per accident) $ NON-OWNED AUTOS - PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ - ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY CCC4405151 11/18/96 11/18/99 EACH OCCURRENCE $ 3,000,000 ~ UMBRELLA FORM AGGREGATE $ 3,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X I TO~/'LI~WS I IOEW- EMPLOYERS' LIABILITY 8704098 10/09/98 10/09/99 EL EACH ACCIDENT $ 100,000 B THE PROPRIETOR! RINCL EL DISEASE - POLICY LIMIT $ 500,000 PARTNERSlEXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ 100,000 OTHER C OWNERS/CONTRACTORS CX::P0000189' .. OS/27/97 OS/27/98 AGGREGATE/OCCURRENCE 500,000 PROTECTIVE POLICY ~~~1~~19~ ~~,n~~~qytrIP&rs'~HICs~~~J~X'~ I~t~h PARK AUGUSTA, GEORGIA CERTIFICATE HOLDER .. ., . CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOV. EXPIRA nON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P.O. BOX 6399 --.!Q. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUGUSTA GA 30906 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OnNY-Kl.('JD U~ THE COMPANY{ljls AGENTS OR REPR~ENTATIVA I AU1HC\fIl2E' "'!!"""","" {)-D, ~ L \ ~~ID: i ~~ '- . - (. -AC:ORD-25:S-(fI95) . .- - -""._- C-, . . ---- .. . . CORD comj ORJ\TION 1988 Ul:!