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HomeMy WebLinkAbout2006 S Purchasing - Bid Award: Roof Replacement at New Courthouse CFE INC of Apex.~ 1997 EDITION ORIC~ COPY DIST: _ AJ!. SI~NAIURES ~_ AIA DOCUMENT I A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the in the year fiwo 'Thousand Six (In words, indicate day, ntonth and year) BETWEEN the Owner: (Name, address and other information) and the Contractor: (Name, a~idres~ ~uuf other inforrrlrz.tiorl) 5th day of JULY ()xange County Public Works Highway 86 North Hillsborough, NC CFE, Inc. 2026 Production Drive Apex, NC 27502 This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. The Project is: (Name and locution) New Courthouse Hillsborough, NC The Architect is: Mactec Engineering & Consulting, Inc (Name, address and other information) 3301 Atlantic Ave Raleigh, NC 27604 ~~ ~S ~~ ®1997 AIA® AlA DOCUMENT A101.1997 OWNER-CONTRACTOR AGREEMENT The Owner and Contractor agree as follows. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Copyright 1915, 1918, 1925, 1937, 1951, {958, 1%1, 1963, 1%7, 1974, 1977, 1987, ®1997 by The Amercan insrirure or Architects. ReproducYwn of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will subject the violator ro legal prosecution. WARNING uellewes.d oAeeeaeevina viol.ns US. aoOYrtlht taws and will suWaet tt» violator to legal Pwsaeotlon. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions}, Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representa- tions or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the eittent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is staled below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fined in a notice to proceed.) Date of completion to be fixed in Notice to Proceed If> prior to the commencement of the Work, the O~rner requires time to file mortgages, mechan- ic's liens and other security interests, the Owner's tithe requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Cotttpletion of the entire Work not later than Forty Five (45) days from the date of commencement, or as follows: {"Insert number o calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) Liquidated damages to be assessed at the rate of $200 per day .. .. . . _ . .. .. --- _. ~_. :_. _.J...:tt-.1._l. aL-..i-1-~--~-I...t~~---..H.. II~~ o, o o. o °aa"A o° L~ ®1997 AIA® AIA DOCUMENT At011997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Ninety Eight Thousand Ninety Eight. Dollars ($ 198098 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identif cation of accepted alternates. !f decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing tke amount for each and the date when that amount expires.) 4.3 Unit prices, if any, are as follows: Wood Decking $7.80/SF Remove and replace deteriorated cornice $230/LF Remove and replace deteriorated wood at cupola $51.25/BD.FT. ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.t Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on ae,count of the Contract Sum to the Contractor as provided below and else4vhere in the Contract Documents. 5.1.2 The period coveced by each Application for Payment shall be one calendar month ending on the Iasi day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 2 5th day of a month, the Owner shall make payment to the Contractor not later than the 30th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, pay- ment shall be made by the Owner not later than sixty days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submit- ted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may requiee. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. .. _......._ „_~e_____~ _~.,~~s~_ ..~~~_ n e ...w,..inAe L.....nd ,..ill suF,iw •M oinlato~ M bawl nnfsa[ution- ~~~I p, O O. C 00.~ DO [~ p1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenve, N.W. Washington, D.C. 20006-5292 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress pay- ment shall be computed as follows: .~ Take that portion of the Contract Sum properly allocable to completed Work as deter- mined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of val- ues, less retainage of ten percent ( ~ ~%). Pending final determi- nation of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2o1-1997; .z Add that portion of the Contract Sum property allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed -' construction (or, if approved in advance by the Owner, suitably scored off the site at a location agreed upon in writing), less retainage of ten percent ( ~ ~/o); .a Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2or-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.r.6 shall be further modified under the following circumstances: .t Add, upon Substantial Completion of the Work, a sum sufficient to increase the total pay- ments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete N~ork, retainage applicable to such work and unsettled claims; and (Subparagraph y.8.~ of ALa Document Azot-i9y; requires re{ease of applicable retainage upon Substantial Cornpl~ation of YV'ork ea~ith consent of si.~rety, if any.) z Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph y.io.3 of AtA Document Aaot-1997. 5.1.8 Reduction or limitation e}f retainage, if any, shall be as follows: (!f it is intended, pr-tor to Su(~stantial Completion qr the entire 61%ork, to reduce or lirr~ii tha retairuige resulting from the percentages inserted in Clauses 5. t.6. i and 5. i.6.2 nbove, and this is not explained elsewhere in the C.'ontract Documents, insert here provisions for such reduction or limitation.) ~~~~ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for- materials or equipment which have not been delivered and stored at the site. oo~Qo G~ 5.2 FINAL PAYMENT ©lgg7 q~q® 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made pip DOCUMENT A101-1997 by the OwrieC t0 the Contractor when: OWNER-CONTRACTOR .t the Contractor has fully performed the Contract except for the Contractor's responsibil- AGREEMENT ity to correct Work as provided in Subparagraph rz..2.2 of AIA Document A2oi-1997, and The American Institute to satisfy other requirements, if any, which extend beyond final payment; and of Architects .x a final Certificate for Payment has been issued by the Architect. 1735 New vork Avenue, N.w. Washington, D.C. 20006-5292 .. _..__. _ ... ___. _:_~. ,_...- .~~ ...iu ...f.i.s .4. ..i•L~w. ~w Ln~l nme~r~aiitif 5.2.2 The Owner's Etna[ payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.i The Contract may be terminated by the Owner or the Contractor as provided in Article >4 of AIA Document Azoi-997. 6.2 The Work may be suspended by the Owner as provided in Article i4 of AIA Document A2o1-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS ~1 Where reference is made in this Agreement to a provision of AIA Document Azol-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing From time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending.~ct, similar state and tocai consurraer credit luxes and other regulations at the Owrter's and Contractor's principal pliues of bruine;s, the location of the 1'rvject arrd elsewhere may afJ~ect the validity of this provision. Legal advice should be vbtai~md with respect to del,-ti.uris ur ruodificatiorts, arrd also regarding requirements such as !t~rittcrz disclosarro's er t:~aivers.) 7.3 The Owner's re{?resentative is: (r'arrre, address and other irrformatior>) Mactec Engineering and Consulting, Inc. 3301 Atlantic Ave Raleigh, NC 27604 7.4 The Contractor's representative is: (Name, address and other information) James Russo CFE, Inc. 2026 Production Dr. 7.5 {Ve~ler~he Owner's ~ocihe~ontractor's representative shall be changed without ten days' written notice to the other party. 7.5 Other provisions: None i11) o, o o. .o °aQIJO° ~~ ® 1997 AIA® AIA DOCUMENT A10T-1997 OWNER-CONTRACTOR AGREEMENT .. -...... ...„__.. __J _~_._ _... +.. _ ..e.. t_._. „ ~ .~~.,..ij~ 1......w.I ...{II ...{.irk il.. .,.,.I~M~ M Iwwfl wwweViii{ww The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed t997 edition of the Standard Form of Agreement Between Owner and Contractoe, AIA Document Aiot-1997• 8.1.2 The General Conditions are the t997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated September 2005 ,and are as follows: -0ocument Title Pages SEE ATTACHED "EXHIBIT A" 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the St~ecifications here or refer to art exhibit attached to this Agrcerr~erit.) Sectiiln "Mile Pages SEE ATTACHED "EXHIBIT A" 8.1.5 The Drawings are as follows, and are dated September 2005 different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) number Title Date SEE ATTACHED "EXHIBIT A" unless a III p~ O O. .G ~~~~~ p1997 AIAO AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 8.1.6 The Addenda, if any, are as follows: Number Date Pages 9/20/05 g Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming pazt of the Contract Documents are as follows: (List here any additional documents that a-e intended to form part of the Contract Documents. AIA Documerst Azot-1997 Provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Donrrnents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Uocurnents.) None This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. CFE, Inc. ..r,- ~° I ob 0 Nr R A C T O R (Signature) ~..lo~un~5 ~• /~viSS~: V1Ce lYeSeQFr`I"~ (Printed name and title) ~ ~ ~+,,i i ~- ~-i UUTIOtk ~ ~~+ You should sign ara original AIA document or a Licensed reproduction. Originals contain the AIA logo ~ printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. ~ t 9 9 r n t A AIA DOCUMENT A10'1-1997 OWNER-CONTRACTOR AGREEMENT The Ame-ican Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 (I'rented name and title) EXHIBIT A Division 1 General Requirements Section 01005 Special Conditions.. Section 01010 Summary of Work Section 01200 Project Meetings Section 01300 Submittals Section 01310 Construction Schedule Section 01320 Progress Reports Section 01400 Quality Control Section 01500 TernpoFary Facilities and Controls Section 01530 Tree- arxi~ Plant Protection Section U1600 Materials and Equipment Section 01701 Project Close-out Procedures Section 01710 Cleaning Section 01720 Project Record Documents- Section 01750 Warranties Contractors 5-year Warranty Division 2 Site Work Section 02070 Selective Demolition Division 6 Wood Section 06114 Rough Carpentry Division 7 Thermal and Moisture Protection Section 07212 Board Insulation Section 07310 Asphalt Fiberglass Shingle Section 07532 Single-Ply Membrane Roofing Section 07533 Polymer Modified Bituminous Membrane Roofing Section 07620 Sheet Metal Flashing and Trim Section 07920 Sealants and Caulking Division 8 Doors and Windows Section 08550 Wood Windows Section 08800 Glazing Division 9 Finishes Section 09910 Exterior Painting Drawings 11X17 8 1/2X11 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Bond No. PRF7584930 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): CFE, Inc. 2026 Production Drive Apex, NC 27539 OWNER (Name and Address): Orange County Public Works Highway 86 North Hillsborough, NC 27278 SURETY (Name and Principal Place of Business): Fidelity and Deposit Company of Maryland 251 Salina Meadows Parkway, Suite 200 North Syracuse, NY 13212 CONSTRUCTION CONTRACT Date: July 5, 2006 AmOUnt: One Hundred Ninety Eight Thousand, Ninety Eight and No/100 Dollars ($198,098.00) Description (Name and Location): Roof Replacement -New Courthouse, Hillsborough, NC BOND Date (Not earlier than Construction Contract Date): September 25, 2006 AmOUnt: One Hundred Ninety Eight Thousand, Ninety Eight and No/100 Dollars ($198,098.00) Modifications to this Bond: ^ None ®See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) CFE, Inc.. Signature: - Name and e: James P. Russo, Vice President SURETY Company: (Corporate Seal) Fidelity and Depo ' pany of Maryland / Signature: L ~ ~ Name and Title: aig T. Wanke (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or James P. Reagan Agency, Inc. other party): 8 East Main St., P.O. Box 191 Mactec Engineering Marcellus, NY 13108-0191 3301 Atlantic Avenue (315) 673-2094 Raleigh, NC 27604 AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING -MARCH 1987 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed areason- abletime to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: • 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefore to the Owner; or • 2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING -MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be pertormed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. "This Performance Bond covers construction work along with twelve months of maintenance/warranty coverage against defective workmanship and materials. This bond specifically excludes claims made for defective materials and workmanship beyond twelve months from the date of final completion." (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING -MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Bond No. PRF7584930 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): CFE, Inc. 2026 Production Drive Apex, NC 27539 OWNER (Name and Address): Orange County Public Works Highway 86 North Hillsborough, NC 27278 SURETY (Name and Principal Place of Business): Fidelity and Deposit Company of Maryland 251 Salina Meadows Parkway, Suite 200 North Syracuse, NY 13212 CONSTRUCTION CONTRACT Date: July 5, 2006 Amount: One Hundred Ninety Eight Thousand, Ninety Eight and No/100 Dollars ($198,098.00) Description (Name and Location): Roof Replacement -New Courthouse, Hillsborough, NC BOND Date (Not earlier than Construction Contract Date): September 25, 2006 AnlOUnt: One Hundred Ninety Eight Thousand, Ninety Eight and No/100 Dollars ($198,098.00) Modifications to this Bond: ®None ~ See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) CFE, Inc. Signature: Name and T e: James P. Russo, Vice President SURETY Company: (Corporate Seal) Fidelity and De o ' ompany of Maryla ~~ t Signatur Name and Title: C g T. Wanke (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or James P. Reagan Agency, Inc. other party): 12 East Main St., P.O. Box 191 Mactec Engineering Marcellus, NY 13108 3301 Atlantic Avenue (315) 673-2094 Raleigh, NC 27604 AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING -MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: ~ Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and • 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and • 3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 * PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED AIA THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 5 THIRD PRINTING -MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING * MARCH 1987 NORTH CAROLINA STATE OF l~~ 1.~1a k e I ss: COUNTY OF On this a / ?h day of ~Tfie ~"^ 6e r . a °O ~ before me personally came James P. Russo to me personally known and known to me to be Vice President of CFE, Inc. the corporation described in and which executed the foregoing instrument as Principal, who being by me duly sworn, did depose ~ and say: That he resides ~~ Wake. CouN-F l~.C o that he is Vice President of the said CFE, Inc. o and knows the corporate seal thereof; that the seal affixed to the foregoing instrument is the corporate seal of said Company and ~ was affixed thereto by authority of the Board of Directors of said Company, and that he signed his name thereto by the like authority as Vice President of said Com ny Notary Public BR(i3z)is- ~ C.or~.,idSio,n r~ y eS IMtirt~ ~/ aDp"~ `\`\ `~ ~ ~ ~ ~ ~ \ \ 1 1 11 ~ ~ ~ ~ ~ / ~ / / ~ i ~G ~•°~pTAgy •~: NORTH CAROLINA III//(j( ~n~lt~~~~~\`` STATE OF 1~~~~ ' ~~~Q~ SS: COUN-PY OF On this 25'~'~ day of S~j ~ i2{'Y1~-~ , in the year 2006 before me personally came Craig T. Wanke to me known, who, being by me duly sworn, did depose and say, that he resides in the City of ~ L Q ,that he was the Attorney-In-Fact of the Fidelity and Deposit Company of Maryland, the corporation named in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that z is was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. And that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Section 183 of the Insurance Law, constituting Chapter 33 of the Consolidated Laws of the State of New York- My Commission Expires ~ '~ otary Public County BR(132}3 6- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company~~~~'~ set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s I6y c4'axinate, constitute and appoint Robert B. PARRISH, John A. SROKA, J. Michael REAGA ~~~~~')~~TI~X~X.~~Iancis A. LOWTHER and Barbara A. GARR, all of Marcellus, New York, EAC l a ~ m-Fact, to make, execute, seal and deliver, for, and on its behalf as su qtr i an _ 1 onds and undertakings, and the execution of such bonds or undertake, ~ per t ~~~ 1 ~ ~ as binding upon said Company, as fully and amply, to all intents and u ~ 4s~ ~ had fir, cr1t~~1'and acknowledged by the regularly elected officers of the Com an at i Ba re r '~ roper persons. This power of attorney revokes that issued on P Y ~~~~ behalf of Robert B. ~Gc'~R~~~J F~~; Gillian F. WRIGHT, J. Michael REAGAN, Jean C. MCCARTHY, Francis A. LOWTHER, date r The said Assistant cr does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of April, A.D. 2004. ATTEST: '~~ OEPps~f ~ rcP"O~v, c. o 0 ~» ; e °., It10 i t q` °ur.i~ State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND o,~ ~„~; T. E. Smith Assistant Secretary 7 By: Paul C. Rogers Vice President On this 20th day of April, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and with, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company; and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by [he authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Q~~a\5 p• H'~YO~Z w~esawn+ .~wuw ~~~~ Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA-F 132-2941 A FIDELITY AND DEPOSIT COMPANY T~ OF MARYLAND 3910 KESWICK ROAD, BALTIMORE, MD 21203. o CompaNes Statement of Financial Condition As Of December 31, 2005 ASSETS . ........ . :.Bonds ............ ........... ...... ..:.........................:................ _ ........................:......... $ 145,517,856 Stocks ...........:..................................:..................:...............:.....:.....:........................ ...::..:......:.. 40,373,936 Cash in Banks and Offices : ...:..............:..................................:......:......:......................................:..: 155,000 Reinsurance Recoverable.:.:.. ' .......:..:...:.:.......................:.......::....:......:.....:...................:.:.....:....... 14;122,203 Other Accounts Receivable... . ................................... ..:.................................................. 13,661,802 TOTAL ADMITTED ASSETS ........ ..................::.:.............................................. ...:::..........: $ 213,830,797- LIABILITIES, SURPLUS AND OTHER FUNDS. Reserve for Taxes and Expenses:.:.:.:.:..: .:..............................:...........:....:.............:...... .....:..:::...:.: $ ~ 801,854 Ceded Reinsurance Premiunns Payable ::.....:.....:: ..............:........:....................::....... ::..........::. _ 26,186,851- . TOTAL LIABILITIES ......: :.. .....::. ........ .......:. ..::......:. ,.:.::.:. ..:..:.............. ::..::..........'$ 26,988,705 ..Capital Stock, Paid Up: .....:.......:........ ..:...... ....:.....................:::..:.:............ $ 5,000,000 Surplus ........... ......:.. .......:............. ....:......................::.........::........:..:....... 181,842,092 Surplus as regazds Policyholders........:...,........: ..................:...,........ .:...:.......:........ ::............::: 186,842,092 TOTAL.:..: .......:.' .......:. ........:.....:....... $ 213;830,797 .Securities can-ied~ at $33;398,073. in-the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners: On the .basis of December 31, 2005 market quotations for :all- bonds and stocks owned, the Company's total admitted assets would. be $212,087,289 and surplus as regazds policyholders $185,098,584. I, DAVID A. BOWERS, Corporate Secretary of the .FIDELITY 'AND DEPOSIT COMPANY OF MARYLAND,. do hereby certify that the foregoing statement is a correct exhtbit of the assets and liabilities of the said Company on the 31st .day ofDecember, 2005.... ~~ Corporate Secretary -State of Iliinios City of Schaumburg SS: Subscribed and sworn to, before meg a Notary Public of the State of Illinois, in the City of Schaumburg, this 20th daybf March, 2006. ~Lk-L~.f7 (~ t'LL Notary Public nnnMn~NW OFFICIAL SEAL MARLO G SARABYN ' NOTARY PUBLIC -STATE OF ILLINOIS MY COMMISSION EXPIRES:11125/07 ~~ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said }any, which are set forth. on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Craig T. WANKS and J. David POLLACK J e, arolina, EACH its true and lawful agent and Attorney-in-Fact, to make, execute , a ' ~, surety, and as its act and deed: any and all bonds and undertakings a ~ f s a mgs in pursuance of these presents, shall be as binding upon said Co y(~ ° 1 ~ d purposes, as if they had been duly executed and acknowledged b 1 c ed any at its office in Baltimore, Md., in their own proper persons. Th' a r~ ° ehalf of Craig T. WANKS, Michael S. WISEMAN, Charles K. BESAW, dated , 2q9~ The said Assistant es a eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of February, A.D. 2006. ATTEST: 'gyp DfPps~i ~ ~i°'v ~ ., .a °s ~ "`n ~ W W ,~ i . T: 4 W„~ State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Theodore G. Martinez On this 2nd day of February, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~A~~ttt~ i tlit~~ ~ ~,\f ir, `` ~i ~S ~~' ~` ~~lttiti~,;~'y -~ ~ ~~ ~~ ~,,~ 't~~~ ~ ~U i i t~ ~ Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 177-