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HomeMy WebLinkAboutS Bid Award: West Ten Soccer Field Construction and Irrigation Project• J �-:5- - c FORM OF CONSTRUCTION CONTRACT (SINGLE PRIME CONTRACT) THIS AGREEMENT, made the eighteenth day of MAY in the year of 2007 by and between Carolina Green Corp., Indian Trail, North Carolina, hereinafter called the Party of the First Part and Orange County, North Carolina„ hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions; Supplementary General Conditions; specifications; accepted proposal; contract; performance bond; payment bond; power of attorney; workmen's compensation; public liability; property damage and builder's risk insurance certificates; and drawings, titled: n im West Ten Soccer Center, Orange Co., NC Consisting of e following sheets: ee page 00020-2 of specifications Dated: April 17, 2007 and the following addenda: Addendum No 1 Dated: 05/01/07 Addendum No. Dated: Addendum No 2 Dated: 05/04/07 Addendum No. Dated: Addendum No Dated: Addendum No. Dated: Addendum No Dated: Addendum No. Dated: 2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within 120 consecutive calendar days of notice to proceed. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the considerations for the awarding of this contract, shall furnish to the Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days. If the Party of the First Part • fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time above specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work, or shall perform the work • unsuitably or shall discontinue the prosecution of the work, or if the Party of the First Part shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty -eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Party of the Second Part may give notice in writing, sent by certified mail, return receipt requested, to the Party of the First Part and his surety of such delay, neglect or default, specifying the same, and if the Party of the First Part within a period of fifteen (15) days after such notice shall not proceed in accordance therewith, then the Party of the Second Part shall, declare this contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time frame specified. In the event the surety shall fail to take over the work to be done under this contract within fifteen (15) days after being so notified and notify the Party of the Second Part in writing, sent by certified mail, return receipt requested, that he is taking the same over and stating that he will diligently pursue and complete the same, the Party of the Second Part shall have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of said Party of the First Part, to appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said contract according to the terms and provisions thereof or use such other methods as in his opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Party of the Second Part, together with the costs of completing the work under contract, shall be deducted from any monies due or which may become due said Party of the First Part and surety. In case the expense so incurred by the Party of the Second Part shall be less than the sum which • would have been payable under the contract, if it had been completed by said Party of the First Part, then the said Party of the First Part and surety shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the contract, then the Party of the First Part and the surety shall be liable and shall pay to the Party of the Second Part the amount of said excess. 3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: Summary of Contract Award: Base Bid: $539,400.00 - Deduct Alt. #1 (Hunter Valves & Heads): $8,937.00. 4. On or before the 20th day of each calendar month, the Party of the Second Part shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5 %) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this agreement and until such work has been accepted by the Second Party. The Second Party may elect to waive retainage requirements after 50 percent of the work has been satisfactorily completed on schedule as referred to in Article 31 of the General Conditions. 5. Upon submission by the First Party of evidence satisfactory to the Second Party • that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within thirty (30) days after the completion by the First Party of all work covered by this agreement and the acceptance of such work by the Second Party. • 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bonds hereto attached for its faithful performance, the Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and date first above written in six (6) counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original contract. Witness: (Proprietorship or Partnership) Attest: (Corporation) only) BY: fl Title: L -U - cAau (Corp. Sec. or Asst. Sec. on (CORPORATE SEAL) Carolina Green Corp . Contractor: (Trade or Corporate Name) Title: (Owner, Partner, or Corp. Pres. or Vice Pres. Witness: r By: Titl4 • FORM OF PROPOSAL - SINGLE PRIME GENERAL CONTRACT DATE: CONTRACTOR: lnn , 0- -O I i N c- 't' e e PROJECT: Field Construction and Irrigation Improvements West Ten Soccer Center, Orange Co., NC CRZ Project #0421 OWNER: Orange County, Hillsborough, NC ARCHITECT: Corley Redfoot Zack, Inc. Chapel Hill, NC Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons interested in this Proposal as Principal or Principals is or are named herein and that no other person than named herein has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the Specifications for the work and the Contract Documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete all construction of the subject project in accordance with the Drawings, Specifications, and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents. for the sum of: SP -1 ,1-01 -2007 13:42 CORLEY REDFOOT ZACK SMELL$ PRA tMMMRAL CONSTIUXVION COHrPJWT s 919 493 7306 P.12i12 LZars ( $ 532, Alternate #1: Minter V *Ives and Irrigation Heads ADD /DEDUCT: Llr,4t �vaS4inel- -n.Ne Aa.1 z4ct Dollars 7 to /rjy .5. PVeel NOM no Contractor whose bid in accepted shall substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except with the approval of the awarding authority for good cause shown by the contractor. (GS 143- 128 -D) The General contractor.shall act as project expediter for all prime . contracts. See Supplementary General Conditions. SP -2 (Addendum 01) TOTAL P.12 UNIT PRICES• A. Unit Prices: Unit Prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically noted. Unit prices shall be applied, as - appropriate, to compute the total value of changes in scope of the work - all in accordance with the Contract Documents. Unit prices are net and no profit or overhead shall be added or deducted when applying unit prices. B. The Bidder shall state in the following spaces any and all unit prices applicable to his work and these prices will govern in the event of the addition to or deletion from the Contract Documents. C. Unit Price includes installation of items priced. D. Please refer to section 01020 Schedule of Allowances for Base Bid quantities. MOBILIZATION.............................$ 6.00 O, 4-1 DEMOBILIZATION ..... ... ...... . $ H. t)OD `�- ...... ... .... . SITEWORK TOPSOIL........ ..............................$ y� �' /CY SPRIGGING ... ................................ $_ a /SF SODDING....... ..............................$ .S 6 /SF IRRIGATION INSTALLATION: IRRIGATIONPIPING ........................... °a /LF IRRIGATION SPRINKLER HEADS .................. 60. /EA IRRIGATION VALVES ........................... a-alp- /EA 2" SAND ....................................... $ D6� /AC 1/2" COMPOST ..... ............................. 000. 6&IAC SP - 3 10 APPENDIX B OR D MUST BE SUBMITTED WITH BID APPENDIX B MBE UTILIZATION COMMITMENT We, (.. Z ,roO l/ %7 a C.T K" oi'.O- , do certify that on the (Bidder) Field Construction and Irrigation Improvements West Ten Soccer Center, Orange County, NC (Dollar Amount of Bid) will expend a minimum of t; O % of the total dollar amount of the contract with minority business enterprises. ThissRercentaee must be at least ten ercent (10%) or the bidder must complete the back side of this form as well MBE's will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. If the bidder intends to subcontract, this form must be completed regardless of the amount or lack of participation attained. Name and Phone Indicate Description Number of Firm MBE of Work Dollar Value C aroi, Oct C �n p VJl3t Aththp,- ctc4 3� ovc7 . 2d�t� 7S-1 — t 707 Cansl n>,tk � The undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule, conditional upon execution of a contract with the County of Orange. Failure to fiMI this commitment may constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: -'7 la,(- 1 h7 � • aamee of Authorized Officer) Signatur6: ;iJ Title: �►.tnar�i We, , do certify that we did undertake the following steps in good faith to procure minority enterprise. The bidder must cite that at least five steps were taken. 1. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on these State or local government - maintained lists at least ten (10) days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. 2. Made the construction plans, specifications, and requirements available for review by prospective minority businesses, or providing these documents to them at least ten (10) days before the bid proposals are due. NORTH CAROLINA TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA • PROPOSAL BOND Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS, That we, Carolina Green Corporation, Indian Trail, NC as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation of the State of Connecticut, as Surety, which is duly licensed to act as Surety in North Carolina, are held and firmly bound unto Orange County, NC as Obligee, in the sum of Five Percent of Bid Amount Dollars ($ **5 %" ), lawful money of the United States of America, for payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 8th day of May , 2007. WHEREAS, the said Principal is herewith submitting proposal for Field Construction and Irrigation Improvements at West Ten Soccer Center *and the Principal desires to file this Bid Bond in lieu of making the cash deposit as required by G.S. 143 -129 as amended by Chapter 1104 of the Public Laws of 1951. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the Principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the Principal, then this obligation shall be null and void; but if the Principal fails to so execute such contract and give performance bond as required by G.S. 143 -129, as amended by Chapter 1104 of the Public Laws of 1951, the Surety shall, upon demand, forthwith pay to the Obligee the amount set forth in the first paragraph hereof. CAROLINA GREEN CORPORATION P ?gyp Seal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA is By NyAt.-O' K, Donna K. Ashley, 0 orney-in-Fact S- 2349 -1 (7 -97) THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 215238 Certificate No. 14 7 U l 1 Q 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Ann W. Newton, Joe E. Hunnicutt, Karen Griffie, William J. Quinn, G. Timothy Wilkerson, James W. Bland, Donna K. Ashley, Wendy E. Lahm, Angela D. Ramsey, John D. Leak III, Jennifer C. Hoehn, and John F. Thomas of the City of Charlotte , State of North Carolina , their true and lawful Attomey(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 aWons or ptnceedings allowed by law. IN WITNF WHEREOF, the Compft have caused this instrument.to be signed and their corporate seals to be hereto affixed, this day of ,u y �llxxllbb Farmington Casualty Company Fidelity and Guaranty Inshrance Company, Fidelity and Guaranty ins Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 6th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company r °ASU,���` SIYiErr Jy,:0.F 64 C�'�I�s•GN JaY �NSVq' 6,,,}(t �qpq t�WOy r'� FO sp,�,p�►q�q��!' Q * r � �} fe pNYOR 7 4;� ...4�, r G' � apQV` ■ s • 2� O ` 19 z �1t ,�F:� Yr���PORATf: ;.p 4 S �" 1951 � bps . ►�' 11� �'�C1: � ~'�'twNCE 4° X0.1 ..�t' `�.., a' e� �F ,,p State of Connecticut City of Hartford ss. By: Georg Thompson, nior ice President On this the 6th day of July 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL 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. �y,TET in Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. * p * Marie C. Tetreault, Notary Public 58440 -8 -06 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 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., Seaboard Surety 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, 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 Attomeys -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 Attomeys -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, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety 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 Suret?: f`'.,ampany 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 Qf tlttorney.executed by sad Companies, which is in full force and effect and has not been revoked. a IN TESTIMONY WHEREOF, I have hereunto set my hand and a tad the seals of said +britpanies this 8th day of 20 07 . F yY 4 y *T Kori M. Johans Assistant Secretary Ja +•1N34q,� �,�Jr Aqo �G �MNtyhr �prr�'Mb ?�� � ONgl ` � Z � f i � � MAHtFWID, tMBIPORD. • t 1�J'1 mA # ti �`SEAL�o" �SS1LL %� 1p � �,aT �+ • '� � � � �t� To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.stpaultravelersbond.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 • 3 Witness: Carolina breeti Cqi' Contractor (Trade or Corporate Nrire l By (Proprietorship or Partnership) Attest (Corporation) Title e fires: (ii' �fiG .^ on Qwnef Partner, or Carp - By Title: (Corp.'SeG. orA : _. orxry) (Corporate Seal) CO fi My OF &,MICA (Surety COMP-aft y) • Witness: By: �f =� t Tltles .Donna K. Ash 7: f r Jenni Ho (AttO� rrey in FAct) Gountersagned. lr (Surety. Corporate Seal) Jennifer Hoehn (N. C, Licensed Resident Agent) Wachovia Insurance Services P.O. Boa 220748 Charlotte,-.'RC 28222 _ Name and Address - Soren Agency Travelers Casualty and Surety Co"any of America P.O. Boa 473950 Charlotte, NC 28247 Surety Company Name and N.C. , Regional or Branch Office Address • Witness c ZaroliM Green'Cor©: Contractor (Trade or CQ.rporate .1 J (PropnetorsM or Partnership) Attest (Corporation) TRIO ':.�t3'ylrt r Owner; Partner., o -Corp. Pres. or'&e. Pres'. only AtJl.t, (Corp: See..or,i4ss . S , anl�) f:Cgrporate Seal) - TRAVELERS CASUALTY. AND SURETY COMANY OF AMERICA (Surety Crarnpany) Witn eSs Title.. ,Donna -, Ashley, Attorney-In -Fact Jennifer Koehn (Aftorne #n punters'grte�f (Surety Corporate Seal) Jennifer C. Hoeffi (N.Q Licensed Resident Agent} - Wachovia Insurance Services P.O. Boa 22074$ Charlotte, °NC 28222 Name and Address - Surety Agency Travelers Casualty and Surety Company of America P.O. Boa 473550 Charlotte, NC 28247 Surety Comparty Name and N.C. Regional or Branch Office Address V TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 215238 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001469933 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Ann W. Newton, Joe E. Hunnicutt, Karen Griffie, William J. Quinn, G. Timothy Wilkerson, James W. Bland, Donna K. Ashley, Wendy E. Lahm, Angela D. Ramsey, John D. Leak III, Jennifer C. Hoehn, and John F. Thomas of the City of Charlotte , State of North Carolina , their true and lawful Attomey(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 pern#itied in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instnunent to be signed and thea;�corpoTrate seals to be hereto affixed, this 6th day of July 2006 k,, Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company ; ' St. Paul Mercury Insurance Company wii Fidelity and Guaranty Insuratce Underters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company St. Paul Fire and Marine Insurance Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI.SUq�r SUREry F \RE 6 SRN _!MSG + INSU ' fY SNO Y ;< 1977 g 1927 f 4..'t381LL;;3 �Oo �R a teeg 4 ar . 'rJ mV ¢c d \....../2� s`'.. a° tea. • F �� � • � �� �pIEYI T.ANC IS. ANi q +... -r•� �,f �a ""'���111/// State of Connecticut City of Hartford ss. By: A�V� Georg Thompson, nior -ce President On this the 6th day of July 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety 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, 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. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. pileL <<+ * Marie C. Tetreault, Notary Public 58440 -8 -06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP IDm DATE P Y) CAROGRE 05/25/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION N DUCE TO THE CERTFICATE HOLDER NAMm TO THE LOR, BUTFALUE TO 00 SO SHALL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Knauff Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. sox 33789 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Charlotte NC 28233 -3789 ACORD 25 (2001108) G ACORD CORPORATION 1988 GENERAL LIABILITY Phone: 704 - 375 -8000 INSURERS AFFORDING COVERAGE NAIC S nsuRm INSURERA nyLa^a „ba..L payer, m. E07 UUI URER S: Carolina Green Corporation INSURER C: Kerry Price 10108 Indian Trail- Fairview Rd A Indian Trail NC 28079 INSURER D.' 09/01/06 INSURER E DAIWAGETO RENTED PREMIUMS (E. COV THE POLICIES OF INSURANCE LISTED BELOW H WE SEEN ISSUED TO TIE INSURED NAMEDAEOVE FOR THE POUCY PERIOD INDICATED. NOTVBTHSTANDING ANY REQUIREMENT. TEIN OR CONDITION OF ANY CONTRACT OR OTHER DOcLWNTWrH RESPECT TO W*CH THIS CERTIFICATE MAY BE ISSUED OR ANY PERTAIN, THE NMRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UNITS SHONM MAY HAVE BEEN REDUCED BY PAID CLAIMS. INN ADVIL L1R N DUCE TO THE CERTFICATE HOLDER NAMm TO THE LOR, BUTFALUE TO 00 SO SHALL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT NE DATE UNUDDIYY) E POLICY WMTION DATE NLSDDNh LAM A` +/J MIX w� ACORD 25 (2001108) G ACORD CORPORATION 1988 GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A UABLRY 3D2185807 09/01/06 09/01/07 DAIWAGETO RENTED PREMIUMS (E. s 100,000 MEDEXPIA Yarpren) s 5,000 cLADaMADE F OCCUR N7 PERSONAL B AOVINJURY S 1,000,000 GENERALAGGREGATE s 2,000,000 GENLAGGREGATE UwfAPPUES PER PRODUCTS- COMNOPAGG s 2,000,000 PRO - JECT LOD A AUTO MOBLl LIABILITY ANY AUTO 3E2185807 09/01/06 09/01/07 COMBINED SINGLE LMT s 1,000,000 % ALL OMED AUTOS SCHEDULED AUTOS BODILY INJURY M. P.- S HIRED AUTOS $ NON-0NNED AUTOS BODILY INJURY )P�TACeMrq S X DAMAGE (PATAne S IPROPERTY GARAGE LIABILITY AUTO ONLY. EAACCIDENT s "� EA ACC OTHER S s AUTO ONLY : AGG A CKCESL NABImLA LMBLITT R OCCUR El CLAM MAW 3J2185807 09/01/06 09/01/07 EACH OCCURRENCE s 5,000,000 AGGREGATE s 5,000,000 s S DEDUCrsLE RETENTION $ S A YYORI� DOIlEIGTON AND UNPLOYEW LIABILITY PROPRIETCRIPAmHERM)MCUmE 3H2185807 09/01/06 09/01/07 x we BTATW OTw TORY UMITB ER EJ EACH ACCIDENT s500,000 OFFICERLAEMBER EXCLUDED? IrM CRObA uqr ILL DISEASE - EA EMPLOYEE s 500,000 EL DISEASE- POLICY UNIT s 500,000 SPECIAL PROVISIONS Mbr • OTHER Equipment Floater 3C2185807 09/01/06 09/01/07 Lease /Ren $60,000 • Installation Float 302185807 09/01/06 09/01/07 Install $530,463 DESCRIPTION OF OPERATIONS / LOCATIONS I VEpCLN I ESCLUSCNS ADDED BY EDOIBEMMT I SPECIAL PRUNMOW RE: Field Construction and Irrigation Improvements, west Ten Soccer Center, Orange County, NC GER I IFIGA 1 E HOLDER CANCELLATION ORANCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICES M CANCELLED BEFORE THE EXPOULMON DATE nH M. THE OMWONUMBER BALL ENDEAVOR TO ARIL 30 DAYl INaTRN Orange County N DUCE TO THE CERTFICATE HOLDER NAMm TO THE LOR, BUTFALUE TO 00 SO SHALL Board of Education BlOSE NO OBLIGATION OR LIABILITY OF ANY KID UPON THE INEHER. US AGENTS OR 200 E. King Street Hillsborough NC 27278 A` +/J MIX w� ACORD 25 (2001108) G ACORD CORPORATION 1988 ACORD 25 (2001108)