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2002 S Purchasing - Owens Roofing Inc Award: Scheduled Roof Replacements
T H E A M E R I C A N I N S T I T U T E 0 F A R C If I T E C T ti IC At Cry y:.✓ = AIA Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 8th day of July in the year of PQFietee 11tindr-ed ftn4 Two Thousand and Two. BETWEEN the Owner: orange County ' (Name and address) 600 NC Highway 86 North Hillsborough , NC 27278 and the Contractor: Owens Roofing, Inc. (Name and address) 301 West Cabarrus Street Raleigh , NC 27601 The Project is: Remedial Roofing (Name and location) Orange County - 4 Buildings Hillsborough, NC The Architect is: C T L Engineering , Inc. (Name and address) 4122 Bennett Memorial Road -Suite 301 Durham, NC 27705 The Owner and Contractor agree as set forth below. Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington,D.C.20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMEIIT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT'NINTH EDITION•AIA9 •®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 A107-1987 1 WAOIJ11.lI�-11�arowceel ^lv#+ 11 C e vrinM taw anA to ava%kse t M tonal nn%apeyAlnn ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: As specified and detailed in project documents prepared by CTL Engineering dated March 2002. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to pro- ceed 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 fixed in a notice to proceed) Date to be fixed in Notice to Proceed. 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of certain por- tions of the Work, if not stated elsewbere in the Contract Documents.) 90 calendar days after date of Notice to Proceed. , 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.) Liquidated damages to be assessed at the rate of $200 .00 per day for each and every day the project remains incomplete beyond the date specified in Paragraph 2.2 above . ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Forty One Thousand Three Aundre�f d Ninet�r E�nglat Dom (S 141 ,3S8.00 ,/ J subject to a tions an deaducttons as pro dea.t a Contract Documents. AIA DOMMEM A107 a ABBREVIATED OWNER-CONTRACTOR AGREEMENT 0 NINTH EDITION•AIA° •©1987 THE AMERICAN INSTITUTE OF.ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 Al 07-1987 2 WARNING:UnNcomed phowoopong vWatw U.S.copyrW t laws and to sublect to NMA wmecution. 3.2 The Contract Sum is based upon the following alternates,if any,which arc described in the Contract Documents and arc hereby accepted by the Owner: (Slate Ilk,numlx rs or odx�ideittiificution of accepted altmwles./f dce isitnrs on other al[errtates are to/x,ntcule by I/W Uu hwrsuhaiyucnu to t/x.•erex utiwi rJ this A;retwitvtt, attach a schedule of such of&,r alternates showing the amount for each and Ilk,dale until which tbau amount is raltd) None 3.3 Unit prices, if any, are as follows: Deck Repair $2. 00/SQ.FT . Rail Curbs $100. 00 EACH Equipment Curbs $100 .00 EACH Blocking $2.00/80.FT . ARTICLE 4 PROGRESS PAYMENTS 4.1 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 account of the Contract Sum to the Contractor as provided below and else- where in the Contract Documents.The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Retainage of 10% to be withheld from each payment request . 4.2 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.) None (Usury laurs and requirements under the Federal Truth in Lending Ad,similar state and local consumer credit taws and other regulations at the(hvner's and Contractor's principal places of business,the location of the Project and dsewbere may affad the validity of Ibis provision.Legal advice should be obtained udth respell to deletions or modifi cations,and also regarding requirements such as written disdasures or uuuw3) ALA DOCXMLtiW A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIAO •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C.20006 A107-1987 3 ARTICLE 5 FINAL PAYMENT 5.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor,AIA Document A 107, 1987 Edition. 6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 2002 and are as follows: Document Title Pages 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as follows: (Eitber list the Specifications here or refer to an exhibit attacbed to Ibis Agreement.) Section Title Pages See attached sheet : 6 . 1 . 3 Specification Sections ALA DOCUMENT A107 a ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 A107-1987 4 6.1.3 Specification Sections Section Title Page(s) 01005 Special Conditions 3 01010 Summary of Work 4 01200 Project Meetings 2 01300 Submittals 3 01310 Construction Schedule 3 01320 Progress Reports 1 01400 Quality Control 2 01500 Temporary Facilities and Controls 5 01530 Tree and Plant Protection 2 01600 Material and Equipment 4 01701 Project Closeout Procedures 4 01710 Cleaning 2 01720 Project Record Documents 2 01750 Warranties 3 02070 Selective Demolition 3 02080 Removal of Asbestos-Containing Roofing Materials 3 06114 Rough Carpentry 4 07212 Board Insulation 6 07340 Wood Shingles 4 07410 Metal Roof and Wall Panels 5 07535 Polymer Modified Bituminous Membrane Roofing 8 07620 Sheet Metal Flashing and Trim 10 07720 Roof Accessories 3 07920 Sealants and Caulking 6 09910 Exterior Painting 4 6.1.4 The Drawings are as follows,and are dated March 20 0 2 unless a different date is shown below: (Either list the Drawings mere or refer to at txhibit attacbed to this Agretwi mu.) Number Tide Date See attached sheet : 6 . 1 .4 Drawings 6.1.5 The Addenda, if any, are as follows: Number Date Pages 1 May 23 , 2002 8 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6. 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (List any additional documents wbicb are intended to form part of the Contract Documents) All Meeting Minutes Project Correspondence AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA• •©1987 Al 07-1987 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 6.1.4 Drawings Number Title 503 West Franklin 1 Roof Plan 2 Parapet Wall - Detail 1 3 Parapet Wall - Detail 2 4 Counterflashing at Siding 5 Roof Drain 6 Vent 7 Scupper with Downspout 8 Rail Curb Animal Control 1 Roof Plan 2 Parapet Cap 3 Gutter 4 Counterflashing 5 Edge Metal Flashing 6 Plumbing Vent 7 Raised Curb Purchasing Building 1 Roof Plan 2 Gutter 3 Ridge 4 Rake 5 Valley 6 Pipe Penetration 7 Fastener Patterns 8 Endlap Number Title Dickson House 1 Roof Plan 2 Roof Plan — Outbuildings 3 Combed Ridge 4 Gutter 5 Roof to Wall 6 Stepflashing 7 Slope Transition 8 Eave GENERAL CONDITIONS ARTICLE 7 ARTICLE 9 CONTRACT DOCUMENTS CONTRACTOR 7.1 The Contract Documents consist of this Agreement with 9.1 The Contractor shall supervise and direct the Work,using Conditions of the Contract(General,Supplementary and other the Contractor's best skill and attention. The Contractor shall Conditions), Drawings, Specifications, addenda issued prior to be solely responsible for and have control over construction the execution of this Agreement,other documents listed in this means, methods, techniques, sequences and procedures and Agreement and Modifications issued after execution of this for coordinating all portions of the Work under the Contract, Agreement.The intent of the Contract Documents is to include unless Contract Documents give other specific instructions all items necessary for the proper execution and completion of concerning these matters. the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as bind- 9.2 Unless otherwise provided in the Contract Documents,the ing as if required by all;performance by the Contractor shall be Contractor shall provide and pay for labor, materials, equip- required only to the extent consistent with the Contract Docu- ment, tools, construction equipment and machinery, water, ments and reasonably inferable from them as being necessary heat, utilities, transportation, and other facilities and services to produce the intended results. necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not 7.2 The Contract Documents shall not be construed to create a incorporated or to be incorporated in the Work. contractual relationship of any kind(1)between the Architect 9.3 The Contractor shall enforce strict discipline and good and Contractor,(2)between the Owner and a Subcontractor or order among the Contractor's employees and other persons Sub-subcontractor or(3)between any persons or entities other carrying out the Contract. The Contractor shall not permit than the Owner and Contractor. employment of unfit persons or persons not skilled in tasks 7.3 Execution of the Contract by the Contractor is a represen- assigned to them. tation that the Contractor has visited the site and become famil- 9.4 The Contractor warrants to the Owner and Architect that iar with the local conditions under which the Work is to be materials and equipment furnished under the Contract will be performed. of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free 7.4 The term "Work" means the construction and services from defects not inherent in the quality required or permitted, required by the Contract Documents, whether completed or and that the Work will conform with the requirements of the partially completed, and includes all other labor, materials, Contract Documents. Work not conforming to these require- equipment and services provided or to be provided by the ments, including substitutions not properly approved and Contractor to fulfill the Contractor's obligations. The Work authorized, may be considered defective. The Contractor's may constitute the whole or a part of the Project. warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind ARTICLE 8 and quality of materials and equipment. OWNER 9.5 Unless otherwise provided in the Contract Documents,the Contractor shall pay sales, consumer, use, and other similar 8.1 The Owner shall furnish surveys and a legal description of taxes which are legally enacted when bids are received or nego- the site. tiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the 8.2 Except for permits and fees which are the responsibility of building permit and other permits and governmental fees, the Contractor under the Contract Documents,the Owner shall licenses and inspections necessary for proper execution and secure and pay for necessary approvals,easements,assessments completion of the Work. and charges required for the construction,use or occupancy of 9.6 The Contractor shall comply with and give notices permanent structures or permanent changes in existing facilities. required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the 8.3 If the Contractor fails to correct Work which is not in Work. The Contractor shall promptly notify the Architect and accordance with the requirements of the Contract Documents Owner if the Drawings and Specifications are observed by the or persistently fails to carry out the Work in accordance with Contractor to be at variance therewith. the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work,or any portion thereof, 9.7 The Contractor shall be responsible to the Owner for the until the cause for such order has been eliminated; however, acts and omissions of the Contractor's employees,Subcontrac- the right of the Owner to stop the Work shall not give rise to a tors and their agents and employees, and other persons per- duty on the part of the Owner to exercise this right for the forming portions of the Work under a contract with the benefit of the Contractor or any other person or entity. Contractor. AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIAO •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006 A107-1987 6 9.8 The Contractor shall review, approve and submit to the ARTICLE 10 Architect Shop Drawings, Product Data, Samples and similar ADMINISTRATION OF THE CONTRACT submittals required by the Contract Documents with reason- able promptness. The Work shall be in accordance with approved submittals. When professional certification of per-10.1 The Architect will provide administration of the Contract formance criteria of materials,systems or equipment is required and will be the Owner's representative(1)during construction, by the Contract Documents, the Architect shall be entitled to (2)until final payment is due and(3)with the Owner's concur- rely upon the accuracy and completeness of such certifications. rence,from time to time during the correction period described in Paragraph 18.1 9.9 The Contractor shall keep the premises and surrounding 10.2 The Architect will visit the site at intervals appropriate to area free from accumulation of waste materials or rubbish the stage of construction to become generally familiar with the caused by operations under the Contract.At completion of the Work the Contractor shall remove from and about the Project progress and quality of the completed Work and n determine waste materials, rubbish, the Contractor's tools, construction in general if the Work n being performed in a manner ce with equipment, machinery and surplus materials. ing that the Work,when completed,will be in accordance with the Contract Documents. However, the Architect will not be 9.10 The Contractor shall provide the Owner and Architect required to make exhaustive or continuous on-site inspections access to the Work in preparation and progress wherever to check quality or quantity of the Work. On the basis of on- located. site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to 9.11 The Contractor shall pay all royalties and license fees; guard the Owner against defects and deficiencies in the Work. shall defend suits or claims for infringement of patent rights and 10.3 The Architect will not have control over or charge of and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a will not be responsible for construction means,methods,tech- particular design, process or product of a particular manufac- niques,sequences or procedures,or for safety precautions and turer or manufacturers is required by the Contract Documents programs in connection with the Work, since these are solely unless the Contractor has reason to believe that there is an the Contractor's responsibility as provided in Paragraphs 9.1 infringement of patent. and 16.1.The Architect will not be responsible for the Contrac- tor's failure to carry out the Work in accordance with the Con- 9.12 To the fullest extent permitted by law, the Contractor tract Documents. shall indemnify and hold harmless the Owner,Architect,Archi- 10.4 Based on the Architect's observations and evaluations of tect's consultants, and agents and employees of any of them the Contractor's Applications for Payment, the Architect will from and against claims,damages,losses and expenses, includ- review and certify the amounts due the Contractor and will ing but not limited to attorneys'fees,arising out of or resulting issue Certificates for Payment in such amounts. from performance of the Work,provided that such claim,dam- age, loss or expense is attributable to bodily injury, sickness, 10.5 The Architect will interpret and decide matters concern- disease or death,or to injury to or destruction of tangible prop- ing performance under and requirements of the Contract Docu- erty(other than the Work itself)including loss of use resulting ments on written request of either the Owner or Contractor. therefrom,but only to the extent caused in whole or in part by The Architect will make initial decisions on all claims,disputes negligent acts or omissions of the Contractor,a Subcontractor, or other matters in question between the Owner and Contrac- anyone directly or indirectly employed by them or anyone for tor, but will not be liable for results of any interpretations or whose acts they may be liable, regardless of whether or not decisions rendered in good faith. The Architect's decisions in such claim,damage,loss or expense is caused in part by a party matters relating to aesthetic effect will be final if consistent with indemnified hereunder. Such obligation shall not be construed the intent expressed in the Contract Documents.All other deci- to negate, abridge, or reduce other rights or obligations of sions of the Architect, except those which have been waived idemnity which would otherwise exist as to a party or person by making or acceptance of final payment, shall be subject to described in this Paragraph 9.12. arbitration upon the written demand of either party. 9.12.1 In claims against any person or entity indemnified 10.6 The Architect will have authority to reject Work which under this Paragraph 9.12 by an employee of the Contractor,a does not conform to the Contract Documents. Subcontractor,anyone directly or indirectly employed by them 10,7 The Architect will review and approve or take other or anyone for whose acts they may be liable, the indemnifica- appropriate action upon the Contractor's submittals such as tion obligation under this Paragraph 9.12 shall not be limited by Shop Drawings, Product Data and Samples, but only for the a limitation on amount or type of damages, compensation or limited purpose of checking for conformance with information benefits payable by or for the Contractor or a Subcontractor given and the design concept expressed in the Contract under workers' or workmen's compensation acts, disability Documents. benefit acts or other employee benefit acts. 10.8 All claims or disputes between the Contractor and the 9.12.2 The obligations of the Contractor under this Paragraph Owner arising out or relating to the Contract, or the breach 9.12 shall not extend to the liability of the Architect,the Archi- thereof,shall be decided by arbitration in accordance with the tect's consultants, and agents and employees of any of them Construction Industry Arbitration Rules of the American Arbi- arising out of(1)the preparation or approval of maps,drawings, tration Association currently in effect unless the parties mutu- opinions, reports, surveys, Change Orders, Construction ally agree otherwise and subject to an initial presentation of the Change Directives,designs or specifications,or(2)the giving of claim or dispute to the Architect as required under Paragraph or the failure to give directions or instructions by the Architect, 10.5.Notice of the demand for arbitration shall be filed in writ- the Architect's consultants,and agents and employees of any of ing with the other party to this Agreement and with the Ameri- them provided such giving or failure to give is the primary can Arbitration Association and shall be made within a reason- cause of the injury or damage. able time after the dispute.has arisen. The award rendered by AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987 7 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 the arbitrator or arbitrators shall be final,and judgment may be 12.3 Costs caused by delays, improperly timed activities or entered upon it in accordance with applicable law in any court defective construction shall be borne by the party responsible having jurisdiction thereof. Except by written consent of the therefor. person or entity sought to be joined,no arbitration arising out ARTICLE 13 of or relating to the Contract Documents shall include,by con- solidation,joinder or in any other manner,any person or entity CHANGES IN THE WORK not a party to the Agreement under which such arbitration arises,unless it is shown at the time the demand for arbitration 13.1 The Owner,without invalidating the Contract,may order is filed that(1)such person or entity is substantially involved in changes in the Work consisting of additions,deletions or modi- a common question of fact or law,(2)the presence of such per- fications, the Contract Sum and Contract Time being adjusted son or entity is required if complete relief is to be accorded in accordingly. Such changes in the Work shall be authorized by the arbitration,(3)the interest or responsibility of such person written Change Order signed by the Owner, Contractor and or entity in the matter is not insubstantial,and(4)such person Architect, or by written Construction Change Directive signed or entity is not the Architect or any of the Architect's by the Owner and Architect. employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to 13.2 The Contract Sum and Contract Time shall be changed arbitrate referred to herein shall be specifically enforceable only by Change Order. under applicable law in any court having jurisdiction thereof. 13.3 The cost or credit to the Owner from a change in the ARTICLE 11 Work shall be determined by mutual agreement. SUBCONTRACTS ARTICLE 14 11.1 A Subcontractor is a person or entity who has a direct TIME contract with the Contractor to perform a portion of the Work 14.1 Time limits stated in the Contract Documents are of the at the site. essence of the Contract.By executing the Agreement the Con- 11.2 Unless otherwise stated in the Contract Documents or the tractor confirms that the Contract Time is a reasonable period bidding requirements, the Contractor, as soon as practicable for performing the Work. after award of the Contract, shall famish in writing to the 14.2 The date of Substantial Completion is the date certified Owner through the Architect the names of the Subcontractors by the Architect in accordance with Paragraph 15.3. for each of the principal portions of the Work.The Contractor shall not contract with any Subcontractor to whom the Owner 14.3 If the Contractor is delayed at any time in progress of the or Architect has made reasonable and timely objection. The Work by changes ordered in the Work,by labor disputes,fire, Contractor shall not be required to contract with anyone to unusual delay in deliveries, abnormal adverse weather condi- whom the Contractor has made reasonable objection. Con- tions not reasonably anticipatable, unavoidable casualties or tracts between the Contractor and Subcontractors shall (1) any causes beyond the Contractor's control,or by other causes require each Subcontractor, to the extent of the Work to be which the Architect determines may justify delay, then the performed by the Subcontractor, to be bound to the Contrac- Contract Time shall be extended by Change Order for such rea- tor by the terms of the Contract Documents, and to assume sonable time as the Architect may determine. toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes ARTICLE 15 toward the Owner and Architect,and(2)allow to the Subcon- tractor the benefit of all rights,remedies and redress afforded to PAYMENTS AND COMPLETION the Contractor by these Contract Documents. 15.1 Payments shall be made as provided in Articles 4 and 5 of ARTICLE 12 this Agreement. CONSTRUCTION BY OWNER OR 15.2 Payments may be withheld on account of(1) defective BY SEPARATE CONTRACTORS Work not remedied,(2)claims filed by third parties,(3)failure of the Contractor to make payments properly to Subcontrac- 12.1 The Owner reserves the right to perform construction or tors or for labor, materials or equipment, (4) reasonable evi- operations related to the Project with the Owner's own forces, dence that the Work cannot be completed for the unpaid bal- and to award separate contracts in connection with other por- ance of the Contract Sum,(5)damage to the Owner or another tions of the Project or other construction or operations on.the contractor, (6)reasonable evidence that the Work will not be site under conditions of the contract identical or substantially completed within the Contract Time and that the unpaid bal- similar to these, including those portions related to insurance ance would not be adequate to cover actual or liquidated dam- and waiver of subrogation. if the Contractor claims that delay ages for the anticipated delay, or(7)persistent failure to carry or additional cost is involved because of such action by the out the Work in accordance with the Contract Documents. Owner,the Contractor shall make such claim as provided else- 15.3 When the Architect agrees that the Work is substantially where in the Contract Documents. complete, the Architect will issue a Certificate of Substantial 12.2 The Contractor shall afford the Owner and separate con- Completion. tractors reasonable opportunity for the introduction and stor- 15.4 Final payment shall not become due until the Contractor age of their materials and equipment and performance of their has delivered to the Owner a complete release of all liens arising activities, and shall connect and coordinate the Contractor's out of this Contract or receipts in full covering all labor,mate- construction and operations with theirs as required by the Con- rials and equipment for which alien could be filed,or a bond tract Documents. satisfactory to the Owner to indemnify the Owner against such AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIAO •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006 A107-1887 8 WARNING-Unlirwnanrl nhntnen~li vInW..I I C en~rinhr Ia...c and is c.h:ort�n Iuno:n«cnn..Nnn lien. If such lien remains unsatisfied after payments are made, itself, to property which may arise out of or result from the the Contractor shall refund to the Owner all money that the Contractor's operations under the Contract, whether such Owner may be compelled to pay in discharging such lien, operations be by the Contractor or by a Subcontractor or any- including all costs and reasonable attorneys' fees. one directly or indirectly employed by any of them.This insur- ance shall be written for not less than limits of liability specified 15.5 The making of final payment shall constitute a waiver of in the Contract Documents or required by law, whichever claims by the Owner except those arising from: coverage is greater,and shall include contractual liability insur- .1 liens, claims, security interests or encumbrances aris- ance applicable to the Contractor's obligations under Paragraph ing out of the Contract and unsettled; 9.12. Certificates of such insurance shall be filed with the .2 failure of the Work to comply with the requirements Owner prior to the commencement of the Work. of the Contract Documents; or 17,2 The Owner shall be responsible for purchasing and main- .3 terms of special warranties required by the Contract taining the Owner's usual liability insurance. Optionally, the Documents. Owner may purchase and maintain other insurance for self- Acceptance of final payment by the Contractor, a Subcontrac- protection against claims which may arise from operations for or material supplier shall constitute a waiver of claims by under the Contract.The Contractor shall not be responsible for that payee except those previously made in writing and identi- purchasing and maintaining this optional Owner's liability fied by that payee as unsettled at the time of final Application insurance unless specifically required by the Contract for Payment. Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized ARTICLE 16 to do business in the jurisdiction in which the Project is PROTECTION OF PERSONS AND PROPERTY located,property insurance upon the entire Work at the site to the full insurable value thereof.This insurance shall be on an all- risk policy form and shall include interests of the Owner, the 16.1 The Contractor shall be responsible for initiating, main taining, and supervising all safety precautions and programs in Contractor, Subcontractors and Sub subcontractors i the fire and extended connection with the performance of the Contract. The Con- Work and shall insure against the perils of nded tractor shall take reasonable precautions for safety of,and shall coverage and physical loss or damage including,without e f. provide reasonable protection to prevent damage,injury or loss cation of coverage, theft, vandalism and malicious mischief. to: 17.4 A loss insured under Owner's property insurance shall be .1 employees on the Work and other persons who may adjusted with the Owner and made payable to the Owner as be affected thereby; fiduciary for the insureds,as their interests may appear,subject .2 the Work and materials and equipment to be incor- to the requirements of any applicable mortgagee clause. porated therein; and 17.5 The Owner shall file a copy of each policy with the Con- .3 other property at the site or adjacent thereto. tractor before an exposure to loss may occur. Each policy shall The Contractor shall give notices and comply with applicable contain a provision that the policy will not be cancelled or laws,ordinances,rules,regulations and lawful orders of public allowed to expire until at least 30 days'prior written notice has authorities bearing on safety of persons and property and their been given to the Contractor. protection from damage, injury or loss. The Contractor shall 17,6 The Owner and Contractor waive all rights against each promptly remedy damage and loss to property at the site other and the Architect, Architect's consultants, separate con- caused in whole or in part by the Contractor,a Subcontractor,a tractors described in Article 12,if any,and any of their subcon- Sub-subcontractor, or anyone directly or indirectly employed tractors, sub-subcontractors, agents and employees, for dam- by any of them,or by anyone for whose acts they may be liable ages caused by fire or other perils to the extent covered by and for which the Contractor is responsible under Subpara- property insurance obtained pursuant to this Article 17 or any graphs.16.1.2.and 16.1.3,except for damage or loss attributable other property insurance applicable to the Work,except such to acts or omissions of the Owner or Architect or by anyone for rights as they may have to the proceeds of such insurance held whose acts either of them may be liable,and not attributable to by the Owner as fiduciary.The Contractor shall require similar the fault or negligence of the Contractor.The foregoing obliga- waivers in favor of the Owner and the Contractor by Subcon- tions of the Contractor are in addition to the Contractor's obli- tractors and Sub-subcontractors.The Owner shall require simi- gations under Paragraph 9.12. lar waivers in favor of the Owner and Contractor by the Archi- 16.2 The Contractor shall not be required to perform without tect, Architect's consultants, separate contractors described in consent any Work relating to asbestos or polychlorinated Article 12, if any, and the subcontractors, sub-subcontractors, biphenyl(PCB). agents and employees of any of them. ARTICLE 17 ARTICLE 18 INSURANCE CORRECTION OF WORK 17.1 The Contractor shall purchase from and maintain in a 18.1 The Contractor shall promptly correct Work rejected by company or companies lawfully authorized to do business in the Architect or failing to conform to the requirements of the the jurisdiction in which the Project is located insurance for Contract Documents, whether observed before or after Sub- protection from claims under workers'or workmen's compen- stantial Completion and whether or not fabricated,installed or sation acts and other employee benefit acts which are applic- completed, and shall correct any Work found to be not in able, claims for damages because of bodily injury, including accordance with the requirements of the Contract Documents death, and from claims for damages, other than to the Work within a period of one year from the date of Substantial Com- AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987 9 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE;N.W.,WASHINGTON, D.C. 20006 ................_a_...._....-..._.................a..�.......Vie ........A..1..h...e...A 10W4 4 Vn lane)nme—.0— pletion of the Contract or by terms of an applicable special war- ARTICLE 20 ranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as TERMINATION OF THE CONTRACT to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu 20.1 if the Architect fails to recommend payment for a period ments. Establishment of the time period of one year as of 30 days through no fault of the Contractor,or if the Owner described in Paragraph 18.1 relates only to the specific obliga- fails to make payment thereon for a period of 30 days,the Con- tion of the Contractor to correct the Work,and has no relation- tractor may, upon seven additional days' written notice to the ship to the time within which the obligation to comply with the Owner and the Architect, terminate the Contract and recover Contract Documents may be sought to be enforced, nor to the from the Owner payment for Work executed and for proven time within which proceedings may be commenced to estab- loss with respect to materials, equipment, tools,and construc- lish the Contractor's liability with respect to the Contractor's tion equipment and machinery,including reasonable overhead, obligations other than specifically to correct the Work. profit and damages applicable to the Project. ARTICLE 19 MISCELLANEOUS PROVISIONS 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the 19.1 The Contract shall be governed by the law of the place Owner, after seven days' written notice to the Contractor and where the Project is located. without prejudice to any other remedy the Owner may have, 19.2 As between the Owner and the Contractor, any appli- may make good such deficiencies and may deduct the cost cable statute of limitations shall commence to run and any thereof, including compensation for the Architect's services alleged cause of action shall be deemed to have accrued: and expenses made necessary thereby, from the payment then 1 not later than the date of Substantial Completion for or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by the Architect that sufficient acts or failures to act occurring prior to the relevant cause exists to justify such action,the Owner may terminate the date of Substantial Completion; Contract and take possession of the site and of all materials, .2 not later than the date of issuance of the final Certifi- equipment, tools, and construction equipment and machinery cate for Payment for acts or failures to act occurring thereon owned by the Contractor and may finish the Work by subsequent to the relevant date of Substantial Com- whatever method the Owner may deem expedient. If the pletion and prior to issuance of the final Certificate for unpaid balance of the Contract Sum exceeds costs of finishing Payment; and the Work, including compensation for the Architect's services .3 not later than the date of the relevant act or failure to and expenses made necessary thereby, such excess shall be act by the Contractor for acts or failures to act occur- paid to the Contractor, but if such costs exceed such unpaid ring after the date of the final Certificate for Payment. balance, the Contractor shall pay the difference to the Owner. AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 10 ARTICLE 21 OTHER CONDITIONS OR PROVISIONS This Agreement entered into as of the day and year first written above. OW CONTRACTO ure) �y (Signature) (Printed4mme and title) (Printed name and title) l I CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987 11 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2()(H)6 WARNING'Unlicensed nhotoconvina violates U.S.ronvrinht laws and is cuhioM to Ieaal nmes.cnfinn 5�Q:� THE AMERICAN INSTITUTE OF ARCHITECTS Bond # 929233439 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS, that OWENS ROOFING, INC. 301 WEST CABARRUS STREET, RALEIGH, NC 27601 as Principal, hereinafter called Contractor, and American Casualty Company of Reading, PA CNA Plaza, 13 S Chicago,IL 60685 as Surety, hereinafter called Surety, are held and firmly bound unto ORANGE COUNTY DEPARTMENT OF PUBLIC WORKS 600 NC HIGHWAY 86 NORTH HILLSBOROUGH, NC 27278 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FORTY ONE THOUSAND THREE HUNDRED NINETY EIGHT & 00/100 DOLLARS ($141,398.00) for the payment whereof Contractor and Surety bind themselves, their heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated JULY 8, 2002 , entered into a contract with Owner for REMEDIAL ROOFING-ORANGE COUNTY- 4 BUILDINGS HILLSBOROUGH, NC in accordance with Drawings and Specifications prepared by CTL ENGINEERING, INC. 4122 BENNETT MEMORIAL ROAD, SUITE 301 DURHAM, NC 27705 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND -AIA FEBRUARY 1970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON, D.C. 20006 1 PERFORMANCEBOND NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or contracts of completion arranged under this paragraph) extension of time made by the Owner. sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs Whenever Contractor shall be, and declared by Owner and damages for which the Surety may be liable hereunder, to be in default under the Contract, the Owner having the amount set forth in the first paragraph hereof. The term performed Owner's obligations thereunder, the Surety may "balance of the contract price," as used in this paragraph, promptly remedy the default, or shall promptly shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the 1) Complete the Contract in accordance with its terms and amount properly paid by Owner to Contractor. conditions, or Any suit under this bond must be instituted before the 2) Obtain a bid or bids for completing the Contract in expiration of two (2) years from the date on which final accordance with its terms and conditions, and upon payment under the Contract falls due. determination by Surety of the lowest responsible bidder, or, if the Owner elects,upon determination by the Owner and the No right of action shall accrue on this bond to or for the Surety jointly of the lowest responsible bidder, arrange for a use of any person or corporation other than the Owner contract between such bidder and Owner, and make named herein or the heirs, executors, administrators or available as Work progresses (even though there should be successors of the Owner. a default or a succession of defaults under the contract or BOND PREMIUM BASED ON FINAL CONTRACT PRICE Signed and sealed this 10 DAY OF JULY 2002 OWENS ROOFING,INC. (Principal) (Seal) fitness / � (Title) American Casualty Company of Reading, PA Q (Surety) (Seal) (Witness) itle) Wendy M. Lands ATTORNEY IN FACT AIA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-AIA FEBRUARY 1970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON, D.C. 20006 2 THE AMERICAN INSTITUTEOF ARCHITECTS Bond # 929233439 tV AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCEBOND IN FAVOROF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCEOF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS, that OWENS ROOFING, INC. 301 WEST CABARRUS STREET, RALEIGH, NC 27601 as Principal, hereinafter called Principal, and American Casualty Company of Reading, PA CNA Plaza, 13 S Chicago,IL 60685 as Surety, hereinafter called Surety, are held and firmly bound unto ORANGE COUNTY DEPARTMENT OF PUBLIC WORKS 600 NC HIGHWAY 86 NORTH HILLSBOROUGH, NC 27278 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED FORTY ONE THOUSAND THREE HUNDRED NINETY EIGHT & 00/100 DOLLARS ($141,398.00) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal-has by written agreement dated JULY 8, 2002 , entered into a contract with Owner for REMEDIAL ROOFING-ORANGE COUNTY- 4 BUILDINGS HILLSBOROUGH, NC in accordance with Drawings and Specifications prepared by CTL ENGINEERING, INC. 4122 BENNETT MEMORIAL ROAD, SUITE 301 DURHAM, NC 27705 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND -AIA FEBRUARY 1970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON, D.C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract party to whom the materials were furnished, or for whom the with the Principal or with a Subcontractor of the principal for work or labor was done or performed. Such notice shall be labor, material, or both used or reasonably required for use served by mailing the same by registered mail or certified in the performance of the Contract, labor and material being mail, postage prepaid, in an envelope addressed to the construed to include that part of water,gas,power,light, heat, Principal, Owner or Surety, at any place where an office is oil, gasoline, telephone service or rental equipment directly regularly maintained for the transaction of business,or served applicable to the Contract. in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such 2. The above named Principal and Surety hereby jointly service need not be made by a public officer.. and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the b) After the expiration of one (1)year following the date on expiration of a period of ninety (90) days after the date on which principal ceased Work on said Contract, it being which the last of such claimants work or labor was done or understood, however, that if any limitation embodied in this performed, or materials were furnished by such claimant, may bond is prohibited by any law controlling the construction sue on this bond for the use of such claimant, prosecute the hereof such limitation shall be deemed to be amended so as suit to final judgment for such sum or sums as may be justly to be equal to the minimum period of limitation permitted by due claimant, and have execution thereon. The owner shall such law. no be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in 3. No suit or action shall be commenced hereunder by which the Project, or any part thereof, is situated, or in the any claimant: United States District Court for the district in which the Project,or any part thereof, is situated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two 4. The amount of this bond shall be reduced by and to of the following: the Principal, the Owner,or the Surety above the extent of any payment or payments made in good faith named, within ninety (90) days after such claimant did or hereunder, inclusive of the payment by Surety of mechanics' performed the last of the work or labor, or furnished the last liens which may be filed of record against said improvement, of the materials for which said claim is made, stating with whether or not claim for the amount of such lien be presented substantial accuracy the amount claimed and the name of the under and against this bond. Signed and sealed this 10 DAY OF JULY 2002 OWENS ROOFING,INC. (Principal) (Seal) (Witness) (Title) American Casualty Company of Reading, PA (Surety) (Seal) (Witness) =L4 1�1 (Title) Wendy M. Lands ATTORNEY IN FACT AIA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND -AIA FEBRUARY 1970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON, D.C. 20006 4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation(herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Dale E. Clark, Brian A. Clark,Wendy M. Lands, Heidi S. Skiendziel, Individually of Charlotte, North Carolina their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature —In Unlimited Amounts— and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof,duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 20th day of June, 2002. IC!` GASlA,1It wsuft Continental Casualty Company cAii°o'u te National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania SEAL r e 1897 HARD Michael Gengler Group Vice President State of Illinois, County of Cook,ss: On this 20th day of June,2002,before me personally came Michael Gengler to me known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL' c DIANE FAULKNER Notary Public,State of Illinois My Commission Expires 9/17/05 Vcuu_u�� t My Commission Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in forc `II testimony whereof I have h r to subscribed my name and affixed the seal of the said corporations this 10 day of JC, ME 4 r tNR�'�C� 0° Continental Casualty Company t�r ` a �M� pp4T National Fire Insurance Company of Hartford >� American Casualty Company of Reading, Pennsylvania O z a S July 11. t.tyC. u SEAL < °j e � a 1897 NARK • Mary A.Ribikawskis Assistant Secretary (Rev. 10/11/01) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors, may,at any time, revoke all power and authority previously given to any attorney-in-fact." 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 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or 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." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." 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 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or 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." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." 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 17th day of February, 1993. "RESOLVED:That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificte bearing such facsimile signature and seal shall be valid and binding on the Corporation.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 t!and and binding on the Corporation." u„1 01.uuz 15:45 ras 1,1002 1'e .Lt 9 OWENSROO A A& CERTIFICATE OF LIABILITY INSURANCE 5/02 DATN(M 07/15/02 PRODUCER THIS CERTIFICATE 13 ISSUED AS A MArMR OF INFORMATION Davis-Garvin Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 21627 HOLM. THIS CEMFICATE DOES NOT AMEND ExrEND OR Columbia, SC 29221-1627 ALTER TM COVERAGE °F`OADW BY THE 1;6L ES BELOW. 803 73 2-0 0 6 0 INSURERS AFFORDING COVERAGE '"moo INsumR A:CRSMC - SIP Owens Roofing, Inc. INSURER B: 301 West Cabarrus St. Raleigh, NC 27601 INSURERC., MSUREq D: W 6lJ<iEq E- COVERAGES THE POLICES OF INSURANCE LLSTED BELOW HAVE BEEN ISBIJEO TO THE NOURED NAMED ABOVE FOR THE POLICY PERIOD WDIOAMD. NOTNI MWANDNO ANY REQUIREMENT. TE M OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT WffH RESPECT TO WHICH THIS CERTM9CATE MAY W ISSUED OR MAY PERTAIN. THE M UPANCE APPOPM BY THE POLICIES DEWASED HEREIN 1s BUBJEar TO ALL THE TERMS.EXCLUaKM AND CON MCM OF SUCH POLICIES. AGGREGATE LAIRS SHOWN MAY HOVE BEEN REDUCED BY PAID CLAMS. NAR r4%OFIN6URANCH POLICYNUMBER LIMITS GENERALLIABILIT/ EACHOCCURRENCE S NT"QIFN k4LLlA5 L"T FIRE DAMAGO as f S MADED OCCUR MEDffxP g! S PERSONAL•ACV INJURY f GENERAL AGGREGATE S GENLAG0REOATEL"rAP LIESPEJt PRODUCTS-COAMOPAGG S F7PMICY7 T LOC AUTOMAIL OLIA@ILM � I�nSINOLCLIMIT = ALL OWNED AUTOS SCULED AUTOS FK W�uRY HED $ NIRlED AUTOC NON-OWNBOAUTOS fW 11141"111 S PR PEPM DAMAGE i GARAGELIA IUrf AUTO ONLY.9A A22109 S ANYAUTO OTHER THAN EAACC S AUTO ONLT: Aso s 11DOO 0Il."IL"T EACH OCCURRENCE s OCCUR F7 CLAIMS"DE A66""TE S S OEDUCTIBLE RETENTION S = A wowaR6oDMPEr4A wANo CRS1KC00055 01/01/02 01/01/03 XEM.M.E.1 ion EMPLOVIRW UAOILf Y &L.EACH ACCIDENT Isi,000,000 E.L.DISEABE.EAEMPIDYE SZ 0 0 0 0 0 0 E.L.DISEASE-POLICY LIAR it 0 0 0 0 0 0 OTHER OEGCRIPi�N OF OPERAT1W�IilLOCATIONSML•H1C:L,EBIEJpCLIJSIONG ADDPcD 6Y ENDORSEII�NTI�ECULPROVISION! Project: Remedial Roofing Orange County 4 Buildings CERTIFICATE S SlJtBi LETSE!! CMCEUATION CHMLDANYCFTMA BIM016=11100POLM:iGBIIIII L{SOMFOINTMIE�IRATtOp Orange County Department of DATETHEREOF.THEISSUINGIN1 AERWILL mmL30 cAYGwwnrA Public- Works ND>•ICErDTMCOUVI`KIZHDLn6aulMEDiOTMLEFT ” 600 NC Highway 86 North - - - Hilleborough, NC 27278 RED RBPOSSMAMS AGM211-80197)l of 2 #S79553/M69594 LAR 0ACORD CORPORA-nom iqu „1�%u wuty ib:55 lti� bu4 i5:32 L1sU Scull 06uxrlNu 181002 CERTIFICATE OF LIABILITY INSURANCI�,jPID DATIERA1DDIM PROOUCER s-2 v/15/02 THIS CERTIMATC IS ISSUED AS A MATTER OF INFORMATION Scott Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P 0 BOX 10489 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lynchburg VA 24506 Phone:434-832-2100 INSURERS AFFORDING COVERAGE INSURED wSU%RA: Transportation Ins CO NsuRER a: c3�w�e�9 Roofing,, Inc. WSVRERC. RaleightDlCI7601 Str}et INSUR�to: INSURER E: COVERAGES THE POUCIES OF INSURANCE UST6D BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDWG ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERMICATE MAY BE ISSUED OR MAY PERTAK THE INSURANCE AFFORDED BY THE POLICIES DESCWBED HEREIN 18 SUBJECT TO ALL THE TERMS.E%CLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LM TYPE or INSURANCE PoLICY NUMBER DA DA LMNTS GElERALLIA&L1TY EACH $1,000,000 A X COWARCIALCFBWALUAIWITY TCP2024906474 05/01/02 05/01/03 FFA DAMAGE(Any wwft) $300,000 CLAMS MADE 7X NED EW(Any are PWIW) $10,000 X XCO/Broad Form PGRSONAL&ADV INJURY $1,000,000 X Contractual Limb GENERALAGGREGATE $2.000,000 GEN L AGGREGATE LIMIT APPLES PER: PRODUCTS-COMPIOP AGG S2,0001000 X POLICY 7 IECT 7 LAC –_— AUTOMOBILE LLMMUTY A X ANYAUTO C2024906488 05/01/02 05/01/03 (E"0V0'q 91,000,000 ALL OWNED AUTO$ BODILY INJURY SCHEDULED AUTO$ S X HIRED AUTOS X NON-OWNED AUTOS irw sc INJURY $ � Noww) PROPERTY s QARAGE LIABILITY AUYD ONLY-EA ACCIDENT S ANY AUTO EA ACC s OTHERTHAN AUTO ONLY. AGO s QxCw UABILRY !°ACHDCCURRENCE $2,000,000 • Y OCCUR [:]CLA"mADE 02024906491 05/01/02 05/01/03 AGGREGATE s 2 000 000 oEOUcTIBLE s X RNTENnoN $10,000 WORKERS COMPRNSAMN AND EMIUVERS'LIABILITY LIMITS EL EACH ACCIDENT t •. 6 L.018GAN-I:A vA3LQVQ s OTHER E.L. LIMIT'DISEASE-POLICY LT' s • Builders Risk 02024906474 05/01/02 05/01/03 $750,000 Lmt/$1000 D Install Floater vrisehR 500 bed OESCRIFTION OF oPERA1Y IMSAACAT10NiMB1YCLEfMCLUSIONS ADM BY ENDONVIA TWWAL FROVIQIONO Project: Remedial Roofing - Orange County 4 Buildings Orange County Department of Public Works is ---ad additional insured as respects this project. CERTIFICATE HOLDER N ADDI m"LMOURED;INSURERLEMIL, CANCELLATION QRMIG-5 SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING 848URER WILL 1111WIIIIIIIINII MAIL -10_DAY$WRITM Orange County Dept of NOTIcE To THE CERrF,cATz mLom uAmw To THE LEST Public works ��� 600 NC Righway 86 North dIONNfKOMNBEkD�XK Hillsborough NC 27278 AUTHORIZED �{TA N'� ACORD 2”(7/'97) CACORD CORPORATION 1918