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HomeMy WebLinkAbout1999 S Contract Purchasing - Carl Norris Construction Company for Efland Cheeks Community School Park J-16- 77 ORIGINAL. SIGNATURES } * EFLAND-CHEEKS COMMUNITY SCHOOL PARK 55679.CD Phase One COPY ,�► ,.� SECTION 20501 DISH FORM OF CONSTRUCTION CONTRACT THIS AGREEMENT,made the I` day of April in the year of 1999 by and between Carl Norris Construction Company hereinafter called the Party of the First Part and the County of Orange; through the Department of Purchasing attn: Pamela K. Jones hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents,which are attached hereto and made a part thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions; Supplementary General Conditions; specifications; accepted proposal; contract;performance bond; payment bond; power of attorney;workmen's compensation; public liability;property damage and builder's risk insurance certificates, and drawings,titled: Efland Cheeks Community School Park Consisting of the following sheets: L1.0 Site Plan L1.1 Boundary Survey L1.2 Demolition/Clearing Limits L2.0 Layout Plan L2.1 Layout Enlargements L3.0 Erosion Control Plan L3.1 Erosion Control Details L4.0 Grading Plan L5.0 Utility Plan L6.0 Landscape Planting Plan L7.0 Irrigation Plan L7.1 Irrigation Details L8.0 Shelter Plan L9.0 Site Details L9.1 Site Details L9.2 Site Details L9.3 Site Details Dated: February 12,1999 and the following addenda: Addendum No. 1 Dated: February 24,1999 Addendum No. 2 Dated: February 25,1999 2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within 270 consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the considerations for the awarding of this contract, shall furnish to the February 12, 1999 20501-1 FORM OF CONSTRUCTION CONTRACT EFLAND-CHEEKS COMMUNITY SCHOOL PARK 55679.CD Phase One Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days. If the Party of the First Part fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time above specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work,or shall perform the work unsuitably or shall discontinue the prosecution of the work,or if the Party of the First Part shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight(48)hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner,the Party of the Second Part may give notice in writing, sent by certified mail,return receipt requested,to the Party of the First Part and his surety of such delay, neglect or default, specifying the same, and if the Party of the First Part within a period of fifteen(15)days after such notice shall not proceed in accordance therewith,then the Party of the Second Part shall, declare this contract in default, and,thereupon,the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time frame specified. In the event the surety shall fail to take over the work to be done under this contract within fifteen(15)days after being so notified and notify the Party of the Second Part in writing, sent by certified mail, return receipt requested,that he is taking the same over and stating that he will diligently pursue and complete the same,the Party of the Second Part shall have full power and authority, without violating the contract,to take the prosecution of the work out of the hands of said Party of the First Part,to appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said contract according to the terms and provisions thereof or use such other methods as in his opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Party of the Second Part,together with the costs of completing the work under contract, shall be deducted from any monies due or which may become due said Party of the First Part and surety. In case the expense so incurred by the Party of the Second Part shall be less than the sum which would have been payable under the contract, if it had been completed by said Party of the First Part,then the said Party of the First Part and surety shall be entitled to receive the difference,but in case such expense shall exceed the sum which would have been payable under the contract, then the Party of the First Part and the surety shall be liable and shall pay to the Party of the Second Part the amount of said excess. 3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: Seven hundred and fifty one thousand two hundred and seventy three DOLLARS ($ 751,273.00). Summary of Contract Award: 4. On or before the 20th day of each calendar month,the Party of the Second Part shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent(5%) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this agreement and until such work has been accepted by the Second Party. The Second Party may elect to waive retainage requirements after 50 percent of the work has been satisfactorily completed on schedule as referred to in Article 31 of the General Conditions. 5. Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the February 12, 1999 20501-2 FORM OF CONSTRUCTION CONTRACT EFLAND-CHEEKS COMMUNITY SCHOOL PARK 55679.CD Phase One work have been paid in full, final payment on account of this agreement shall be made within thirty(30)days after the completion by the First Party of all work covered by this agreement and the acceptance of such work by the Second Party. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bonds hereto attached for its faithful performance,the Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory,or if,for any reason, such bonds cease to be adequate to cover the performance of the work,the First Party shall, at its expense,within five(5)days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. IN WITNESS WHEREOF,the Parties hereto have executed this agreement on the day and date first above written in four counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original contract. Witness: V� A'-'-k'LL � � (,,/Y'l�-► � C�IR.$1 S GC>ti1 5 TY!I,t 4 T O•J �v. 1 N C Contraajtor: (Trade or Corporate Name) -;r-By: LLB-„t�. (Propri orship or Partnership) Title: YR E5 I D EQ T (Owner, Partner, or Corp. Pres. Or Vice Pres.) Attest: (Corporation) By: CL Title:_ - Ice Man (CORPORATE SEAL The bounty of`Orange �J Witness: (Agency,Department or Institution) By: zfz&1-'e'zz1 Title: 7"4 ;&—L G:\FP\LA155679-eflnd\SPECS\20501.doc February 12, 1999 20501-3 FORM OF CONSTRUCTION CONTRACT National 55 Ae,t Siren. P �� Box ,,nn Grange Keene. NH ��z►3t 001) 352-4000 Mutual Insurance Company Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): CARL NORRIS CONSTRUCTION COMPANY NATIONAL GRANGE MUTUAL INSURANCE COMPANY 2233 BELLEMONT–ALAMANCE ROAD 55 West Street, PO Box 2300 BURLINGTON NC 27215 Keene, NH 03431 OWNER (Name and Address): ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278 CONSTRUCTION CONTRACT Date: April,), 1999 Amount: $751,273.00 Description (Name and Location): Efland-Cheeks Community School Park BOND Date (Not earlier than Construction Contract Date): April 1, 1999 Amount: $751,273-00 Modifications to this Bond: O None O See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corpor e Seal) CARL NORRIS CONSTRUCTION CO NATIONAL GRANGE UTUAL IN U ANCE OMPANY Signature: Signature: � Name and Ti �ho N oft 2rS Name and Title: /Attorney-in-Fact 54s4R.ts TM2Y (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or HAYWOOD SIMPSON other party): INSURANCE AGENCY WOOLPERT LLP Post Office Box 2038 8731 Red Oak Blvd Suite 101 Burlington, North Carolina 27216 Charlotte, NC 28217-3958 Phone(336)228-0525 FAX(336)228-9997 Printed in cooperation with the American Institute of ARchitects (AIA) by the National Grange Mutual Insurance Company. The language in this document c3otorms �C�c,l to the lAnpupe d in AIA Document A312 December 1984 e i ion, r printing, a c 1� �1. A Main Street America company 1 The Contractor and the Surety, jointly and severally which it may be habte fir the A+nr r and, a� bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter. successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notifv the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 it the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Otivner to the Surety under this Bond•sball arise alter: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. It the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4. and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surely has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3,3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- 4.1 ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be Gable to the Owner or others for 4.2 Undertake to perform and complete the Construe- obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc- curs first, If the provisions of this Paragraph are void or .1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail- printed in cooperation with the American Institute of ARchitects (AIA) by the National GGrMl�rin a Mutual Insurance Company. The language in this document c8ntoons PAotthe,lAnpugigelg5d in AIA Document A312 December 1984 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such.statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed inc6rporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to payable Y perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (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: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with the American Institute of ARchitects (AIA) by the National GrMl�rin a Mutual Insurance Company. The language in this document c8nforms fA to th9 lAnpu igel�g�d in AIA Document A312 December 1984 e i ion, tin , National 44; West Strcet, P Rv\ 2'041 Grange Keene. %H 0'14 1 Mutual Insurance Company Payment Bond 4. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): CARL NORRIS CONSTRUCTION COMPANY INC NATIONAL GRANGE MUTUAL INSURANCE COMPANY 2233 BELLEMONT—ALAMANCE ROAD 55 West Street, PO Box 2300 BURLINGTON NC 27215 Keene, NH 03431 OWNER (Name and Address): ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278 CONSTRUCTION CONTRACT Date: April 1, 1999 Amount: $751,273.00t Description (Name and Location): Ef land—Cheeks Community School Park BOND Date (Not earlier than Construction Contract Date): April 1, 1999 Amount: $751,273.00 Modifications to this Bond: C3 None El See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Compan (Cor rate Seal) Carl Norris Construction company, Inc NATrONK ANT, COMPANY Signature: C-1KOAK, C— khA-A Signature: Name and Tit 0 0 A lt%:S Name and Title: /Attorney-in-Fact C,0)t p. e, %F4 Ot Lzr TAIC Y (Any additional signature appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or HAYWOOD SIMFIM other party): INSURANCE AGENCY WOOLPERT LLP Post Office Box 2038 8731 Red Oak Blvd Suite 101 Burlington, North Carolina 27216 Charlotte NC 28217-3958 Phone(336)228-0525 FAX(M)228-9997 Printed in cooperation with the American Institute of ARchitects (AIA) by the National Gran Mutual Insurance Company. The language in this document cle ca I to the, in AIA Document A312 December 1984 e Mormn', MIN Wnting, a c A t I Hj, 'Jinn) A,pr,n;-1 is I I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim, rated herein by reference. stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Dpft nds, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim.is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor:: ' obligations. ,1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. -,he construction was to be performed,any provision in this Bond cowiflicting with said statutory or legal requirement S If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cleat compliance. be deemed incorporated herein. The intent is that this Printed in cooperation with the American Institute of ARchitects (AIA) by the National GrMl�rin a Mutual Insurance Company. The language in this document c8nforms g to the %� upe d in AIA Document A312 December 1984 e ition, ting, a c 1� �/. Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (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: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with the American Institute of ARchitects (AIA) by the National GrM �rin a Mutual Insurance Company. The language in this document c8n[Orms gl to the lAnpugge �1 d in AIA Document A312 December 1984 ting, a c 1� . W�Z Nafifitional That the National Grange Mutual Insurance Company, a New 1-Fa"fflrqIcfflS1qftWJav- ing its 0WpV16ftVMi%*f8PCiTy of Keene, State of New Hampshire, pursuant to Article V, Section 2 of the By-Laws of said Company, to wit: .Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional under- taking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. " Pursuant to said by-law does hereby make, constitute and appoint HAYWOOD G.SIMPSON JR.,WILLIAM T. MILES, KEVIN K. REAVIS,STEPHEN T. SIMPSON,DIXIE L.VERNON, its true and lawful Attorneys-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings recognizances, contracts of indemnity, or other writings obligatory in the nature of a bond subject to the following limitation: 1. No one bond to exceed Five Million Dollars ($5,000,000.00). Lruments and to bind the National Grange Mutual Insurance Company thereby as fully and to the same extent as were signed by the duly authorized officers of the National Grange Mutual Insurance Company, and all t said Attorney are hereby ratified and confirmed. � This power of attorney is signed and sealed by facsimile under and by the authority of the followi ion adopted by the Direc- tors of The National Grange Mutual Insurance Company at a meeting duly called and held on t day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company y be affixed by facsimile to any power of attorney or special power of attorney or certification of either given Zexecution of any bond, undertaking, recognizance or other written obligation in the nature thereof-, such signatur 1, when so used being hereby adopted by the company as the original signature of such office and the original e comp o, to be valid and binding upon the company with the same force and effect as though manually affixed. By execution of this Power of Attorney, National Grange Mutual I Company ereby revoke, rescind and declare null and void any previous Power of Attorney at any time previ mished resaid individuals or agencies. IN WITNESS WHEREOF, The National Grange Mutual Insurance y has cans presents to be signed by its Corporate Secretary and its corporate seal to be hereto affixed this 04TH d f arch THIS APPOINTMENTS LL CEASE AND TERMINATE AUTOMATICALLY AS OF DECEMBER 02,unless r provid NATIONAL GRANGE MUTUAL INSURA PANY THIS POWER IS INVALID IF RED DIAGONA NATIO ANGE MUTUAL INSURANCE 0#0 KEEN ZZ: HAMPSHIRE 11 IS NOT SHOWN IN ITS ENTIRE 1923 State of New Hampshire, County of Ches _T:1 On this 04TH day of March 1999 the subs M otary Public of the State of New Hampshir for the Cou Cheshire duly commissioned and me Willi'a*tcKenna of the National Grange Mutual Insuran personally known to be the of i 'bed herei and who executed the preceding instrument, and he acknowl 411f of same, and being by me rn, de that he is an officer of said Company, aforesaid: that the seal'a the preceding instrument is rate seal ompany, and the said corporate seal and his signature as officer were duly affixed and subscribed to thoestrument b thority and direction of the said Company; that Article V, Section 2 of the By-Laws of said Company is orce. 0 IN WITNE4 EOF, I have unto set my hand and affixed by official seal at Keene, New Hampshire tl4s�wolq 04TH day h 1999. -I", A. PC y IS' Z VVVV Notary Public A My Commission Expires: May 2403 a.•-i I Lyn E. Landry, Assistant Vice President of the National Grange Mutual Insurance Company, do hereby ce tivtit�p fqi��bd Z foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force,at' e IN.WITNESS WHERjWOF, I have hereunto set my hand and affixed the seal of said C at e, New shiry t% day of SAW t Vi( Assista t Vice President 68-N882.002 WARNING —Any unauthorized reproduction or alteration of this document is prohibited. This power is void unless seals are readable and the certification seal at the bottom is embossed. The diagonal imprint, warning and confirmation must be in red ink. CONFIRMATION Of validity of attached bond, call NGM at: Keene 603-358-1339; Richmond 804-270-6611 ext. 138; Syracuse 315-434-1410.