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HomeMy WebLinkAbout1999 S Purchasing - Bid Award Electrical Work to make Standford Middle School Generator Ready - Pendergraph Electric Inc < ; ORIGINAL SIGNATURES COPY 40 ALA l)ocument A105 �� - DIST: Standard Form of Agreement Between Owner and Contractor for a Small Project inhere the Basis of Payment is a STIPULATED SLIM 1993 SMALL PROJECTS EDITION Because this document has important leNal consequences, we encourage you to consult with an attornet,before signing it. Some states mandate a cancellation period or require other specific disclosures, including warnings for home improvement corutracts, when a document such as this will be used for Work on the Owner's personal residence. Your attornel,should insert all language required by state or local lain to be included in this Agreement. Such statements mat,be entered in the space provided below, or if required b1,law, above the signatures of the parties. This AGREEMENT is made: ©clobele 1`f, 1qq9 (Date) BETWEEN the Owner: County of Orange Department of Purchasing and Central Services Pamela K. Jones, Director 132 E. King St. , Hillsborough, NC 27278 and the Contractor: Pendergraph Electric, Inc. Robert A. Pendergraph, President P.O. Box 11458, 1910 E. Pettigrew St. Durham, North Carolina 27703 for the following Project: Generator fit-up for Stanford Middle School Hillsborough, NC The x is : Sunderland Engineering, Inc. Gary Sunderland, P.E. P.O. Box 14524 3328 Guess Road #2B Durham, NC 27705 The Owner and Contractor agree as follows. C,Colmright 1993 he '1-he Amcri-u, nl Architccis. 1-ice Ac, York Av'CnUC. X-W.. U:mhingion. I,.(.. 2000(,-5292 kcly%ulw 1,' 10 111, n)Aucn;,l Iren u' or suhStanual yuoteuon of in proc,'ion, the �rwun perrnissioii of the AIA violate, the enperight la115 r,l ihr lniud Staid And "III nuhle,t the ciolan,r n, legal prosecution. AIA DOCUMENT A105 • wx yl R(,O.i RA(.1 OR (,RRFM 1 S."AA11 f H()I[C'fS EDITION•AIA • i;199) 1111:%111 kl( .N 1NS1771'11 U1 :%HCI ll l t(. S. 1-35 NEW YORX Av1. I:H.N\X D(, 2(rxxi-52)2•WARNING:Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105-1993 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the project.The Contract Documents Consist Of: .1 this Agreement signed by the O,.vner and Contractor; .2 AIA Document A205,General Conditions of the Contract for Construction of a Small Project,current edition: .3 the Drawings and Specifications prepared by the Architect,clated and enumerated as follows: Drawings: SE1 Electrical Power Plan SE2 Enlarged Electrical Plan, Risers, Schedules and Details Specifications: Division 1 Division 16 .4 addenda prepared by the Architect as follows: No. 1 .5 written change orders or orders for minor changes in the Work issued after execution of this Agreement;and .6 other documents,if any,identified as follows: AIA DOCUMENT A105 • OWNER-CON-1 RAC IOR AGREEMENT—SMALI.PROJECTS EDITION•AIA"•©1993•THE AMERICA-\INSTITIAT OF AI2CHI7}CTS,1?35 NEW YORK AVENUE,N W.,WASHINGTON,D.C.200(X}5292•WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A105-1993 2 ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below.The Contractor shall suhslantialh complete the Work not later than subject to adjustment by Change Order. (Insert the date or number of catenelar darn after ibe date o%commei+a'ment-) ARTICLE 3 CONTRACT SUM 3.1 Subject to additions and deductions by Change Order,the Contract Sum is: 3.2 For purposes of payment,the Contract Sum includes the following values related to portions of the Work: Portion of Work Upon completion value $46 , 250 . 00 Forty-six thousand, two hundred and fifty dollars. 3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. AIA DOCUMENT A105 • OWNER-CONTRACTOR AGREEMEN r SMAJ-1.PROJECTS EDITION•AIA'•01993•THE AMERICAN INSTITUTE OF ARCHI-IT:CTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006-5292•WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A105-1993 3 ARTICLE 4 PAYMENT 4.1 Based on Contractors Applications for Pavment certified by the Architect,the Owner shall pav the Contractor as folloxv., (Here insert payment pr x edllres and prix isions%or wl,loltge,if arty r Upon completion of project, payment in full. 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of .or in the absence thereof,at the legal rate prevailing at the place of the Project. (Usury laws and requirements under the Federal Trntb in Lending Act.similar state and local consumer credit laws and other regulations at the Ou ners and Con tractor's principal places of business,the location of the Project and elsewhere mar affect the validity of tbis provision) ARTICLE 5 INSURANCE 5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows: (been specific insurance required by the Otenert) $1 , 000, 000 Each Occurance See attached letter dated 11/15/99 $2 , 000, 000 General Aggregate 5.2 The Owner shall provide Owner's Liability and Owners Property Insurance as follows: (Insen specific insurancefurnisbed bt'the Owner.) $1 , 000, 000 Each Occurance $2, 000, 000 General Aggregate 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Paragraph 3.12 of AIA Document A205,General Conditions of the Contract for Construction of Small Projects. 5.4 Certificates of Insurance shall be provided by each party showing their respective coverages prior to commencement of the Work. AIA DOCUMENT A105 • OWNER-CONTRACTOR AGREEME.N'l SMALL PROJECTS EDrnON•AIA'•©1993•THE AMERICAN INSHTUTF OE ARCHITECTS, 1-35 NEW YORK AVENUE,X.W.,WASHINGTON,D.C.20(X)6-5292•WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A105-1993 4 ARTICLE 6 OTHER TERMS AND CONDITIONS (Insert an 1'other terms or conditions below.l None This Agreement entered into as of the day and year first written above. (Ijreguired by law,insert cancellation period,disclosures or other warning statements above the signatures.) OWNER) CON CTOR C� . 0 (Sgnature) (S Rn ure) Robert A. Pendergraph, President � r — - ��r tea 3rct�me ui `arui c�Jttrcyss (Printed name,title and address) 132 E. King St. Pendergraph Electric, Inc. P.O. Box 1910 E. Pettigrew St. Hillsborough, NC 27278 Durham, NC 27703 LICENSE NO. JURISDICTION 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. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT A105 • OWNER-CONTRACTOR AGREEMENT—SMALL PROJECTS EDII]ON•AIA"•©1993•'Il-IE AMERICAN INSTITI,"I'E OF ARCl ill'ECTS,1735 NITW YORK AVENUE,N.W..WASHINGTON,D 20(X)(3-5292•WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. A105-1993 5 Date: November 15, 1999 Owner: County of Orange Contractor: Pendergraph Electric, Inc. Project: Generator fit-up Stanford Middle School Hillsborough, NC Re: Article 11 —Insurance Supplemental General Conditions In a conversation today, between Pam Jones, Bob Pendergraph and Tara J. Smithwick (Insurance Agent)the following have been agreed upon: 1. Worker's Compensation (a) Statutory Coverage for North Carolina (b) Employer's Liability: 100,000. Per Accident 500,000. Disease Policy Limit 100,000. Disease Each Employee 2. Commercial General Liability (a) 1,000,000. General Aggregate 1,000,000. Products and Completed Operations Aggregate 500,000. Personal & Advertising Injury 500,000. Each Occurrence 50,000. Fire Damage Limit (any one fire) 5,000. Medical Expense Limit (any one person) (c) Products and Completed Operations Insurance shall be maintained for a minimum period of one (1) year after final payment and the Contractor shall continue to provide evidence of such coverage to the Owner on an annual basis during the aforementioned period. 3. Business Auto Liability Combined Single Limit: $500,000. each accident 5. Business Umbrella Policy $2,000,000. Over Primary Insurance 6. Builder's Risk ilCc Tara 4. Smithwick Robert A. Pen rgraph THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 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): Penderaraph Electric, Inc. Pennsylvania National Mutual Casualty Robert A. Pendergraph, President Insurance Company P.O. Box 11458, 1910 E. Pettigrew St. P.O. Box 2361 Durham, NC 27703 Harrisburq, PA 17105 OWNER (Name and Address): County of Orange, Department of Purchasinq and Central Services Pamela K. Jones, Director 132 E. King St. Hillsborouah, NC 27278 CONSTRUCTION CONTRACT Date: 1999 Iq , 1949 -- , 9/ Amount:Forty Six Thousand Two Hundred Fifty and 00/100-- ($46,250.00) Description (Name and Location): Generator fit-up for Stanford Middle School , Hillsborouqh, NC BOND Date (Not earlier than Construction Contract Date): November 11, 1999 Amount:Forty Six Thousand Two Hundred Fifty and 00/100-- ($46,250.00) Modifications to this Bond: EX None El See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate 1) Pendergraph lectri I Pennsylvania Nat' n <M tua s 1 Insurance a Si;natu•re:'. Signature: Narne acid Title. IZQ W. Name and Titl Shirley-in-fdct A. J hnson �'�ira`� Attor ;Any addit'onal signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or First Insurance Services, Inc. other party): (919) 477-7031 P 0 Box 52409 Sunderland Enaineering, Inc. Durham, NC 27717 Gary Sunderland, P.E. (919) 941-0549 P 0 Box 14524, 3328 Guess Rd #2B, Durham NC AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. -AIA O 27705 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING-MARCH 1987 2 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as 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 notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4 with reasonable promptness,the Surety shall be deemed 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 Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If 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 Surety 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 Construc- 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 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.To the limit v the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the contract. Such Contractor Default shall not be de- the clared earlier than twenty days after the Contractor and Owner of the Balance of the Contract Price t mitigation of Sure- the Surety ave received notice as provided in Sub- costs and damages on the Construction Contract,the Sure- Y P 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 Suretv in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 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 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 are specified in the Construction Contract, actual dam- 4.1 Arrange for the Contractor, with consent of the 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 liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- 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- 8 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 qualified surety equivalent to the bonds issued on the lions. 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- AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. •AIA OO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit 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- be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on nature page. behalf of the Contractor under the Construction Con- 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 incorporated 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- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to 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: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA A THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS N� AIA Document A312 Payment Bond Anv singular reterence to Contractor, Suretv, Owner or other part- ,hall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Penderaraph Electric, Inc. Pennsylvania National Mutual Casualty Robert A. Penderqraph, President Insurance Company P.O. Box 11458, 1910 E. Pettigrew St. P.O. Box 2361 Durham, NC 27703 Harrisburq, PA 17105 OWNER (Name and Address): County of Oranqe, Department of Purchasing and Central Services Pamela K. Jones, Director 132 E. King St. Hillsborough, NC 27278 CONSTRUCTION CONTRACT Date: ac{+obe.r 19 , 1ri94 ---Amount: Forty Six Thousand Two Hundred Fifty and 00/100-- ( 6,250.00) Description (Name and Location): Generator Fit-up for Stanford Middle School , Hillsborough, NC BOND Date (Not earlier than Construction Contract Date): November 11 , 1999 Amount: Forty Six Thousand Two Hundred Fifty and 00/100-- ($46,250.00) Modifications to this Bond: [Z None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corpor 1) Pendergrap Fiectr c, n Pennsylvania Nation Mutua Casu tv Insurance Co any Signature: Signature: Name.an T le: I2b ,p� Name and Title: Shirley Jo nson, hgestE Attorne in-fact (Any additional signatures appear on page 6) (FOk INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or First Insurance Services, Inc. other party): (919) 477-7031 P 0 Box 52409 Sunderland Enaineerinq, Inc_ Durham, NC 27717 Gary Sunderland, P.E. (919) 941-0549 P 0 Box 14524, 3328 Guess Rd #2B, Durham, NC AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA A 27705 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING•MARCH 1987 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- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, 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 Defends, 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. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 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 cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA° THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING •MARCH 1987 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 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between 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 orwith 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: AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING-MARCH 1987 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Harrisburg, Pennsylvania POWER OF ATTORNEY Know All Men by these Presents,That PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania,does hereby make,constitute and appoint TARA J. SMITHWICK, SPENCER L. CLENDENIN, SHIRLEY A. JOHNSON, AND ELIZABETH C. DOWELL, ALL OF DURHAM, NC (EACH) its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for and on its behalf as surety as its act and deed: ANY AND ALL BONDS UNDERTAKINGS------------------------------------------------------ ------------------------------------------------------------------------------------ ALL POWER AND AUTHORITY HEREBY CONFERRED SHALL HEREBY EXPIRE AND TERMINATE WITHOUT - NOTICE AT MIDNIGHT OF THE 30TH DAY OF APRIL 2000 AS RESPECTS EXECUTION SUBSEQUENT THERETO. and the execution of such bonds in pursuance of these presents shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Harrisburg,Pennsylvania,in their own proper persons. This appointment is made by and under the authorization of a resolution adopted by the Board of Directors of the Company on October 24, 1973 at Harrisburg,Pennsylvania,which resolution is shown on the reverse side hereof and is now in full force and effect. In Witness Whereof,PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY has caused these presents to be signed and its corporate seal to be hereto affixed on APRIL 7, 1998. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY By J`•te10•\G /�i y/ C�� '• `'�°' Kenneth R. Shutts—Secretary Commonwealth of Pennsylvania, County of Dauphin - ss: On APRIL 7, 1998 before me appeared KENNETH R. SHUTTSto me personally known, who being by me duly sworn, did say that he resides in the Commonwealth of Pennsylvania, that he is SECRETARY i of PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, that he is the individual described in and who executed the preceding instrument, and that the seal affixed on said instrument is the corporate seal of said Company, and that said instrument was signed and sealed on behalf of said Company by authority and direction of said Company, and the said officer acknowledged said instrument to be the free act and deed of said Company. ,r Carolyn L. Bowman—Notary Public Notarial Seal xr °` Carolyn L.Bowman.Notary Public Hlrritburg,Dauphin County Commonwealth of Pennsylvania, County of Dauphin - ss: My Comm wion Expires Marvi 26.1?98 Member,Pennsylvania Atwctagon of Notaries I, James V. Folmer, Secretary - Surety of the PENNSYLVANIA NATIONAL MUTUAL CASUALTY IN- SURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by the said Company,which is still in full force and effect. In Witness Whereof I have hereunto set my hand and affixed the seal of said Company on 7 Secretary - Surety IMPORTANT NOTICE:This border must be RED in color.If it is not RED,this is not a certified copy.Telephone us at Area Code 717-255-6870.► Form 78-190(Rev. 3/95) •paxuju,Kiiunuuuu u2nogj su 139ja puu aoaoj auuus aql T411m Suuduuoo agl uodn Buupuiq puu piiun aq oq `guuduuoO aqj jo ivas iuut2u10 aql puu aaoUjO Bons 3o aanjuu2is iuuu2zao aql su Kuuduioo aql Xq paldopu Sgaaaq .Buiaq `a9j3u9a9g ao aaoiojaaaq aag4agm pasn os uagm ivas puu aanluu2is Bons `olaaagl paquiaa ao Ioaaagj ampm aqq ui uojjuBiigo ual -gtam aaglo ao sgtuuuapui 3o pualuoo a3uuziu2ooaa TuuVpopun `puoq Suu 3o uouinoaxa aqj ioj uaAZ2 uoujuoIijaao ao Kau io4ju jo aamod Kuu of aituuisau3 fq paxuju aq Auuu ivas Xuuduuoo agl puu XaujaaaaS juu4sissV juauuaudo(I ao XaujaaoaS IuTalsissV Auu jo ao aaaUjO Bons Kuu jo aanjuu2is agl (g) puu .SuuduuoC) aqq 3o Iiugag uo sJuasuoo puu saanium aInaaxa 04 KIIJOglnu glim 43u,I-ui-s,f9uaojjV puu `ssaaoad jo a3uu4daoau aoj sluafu `suuupolsno ioa4uoa -juiof 3o sluauuluioddu agl 93ion9a puu quioddu Sum KuudT uoC) aql jo saaaU -jO gons jo Xuu (Z) puu `.ojaaag4 pawiaa ao Ioaaagl aaniuu aqj ui suotlu2iigo uajjuam aag4o puu Kl!uuuapul jo sjoua4uo3 `s9auuziu2o3aa `s2ui3levapun `spuoq `ogaaagl ivas s,,fuuduuoo aqq xUlu puu `AuuduuoO ago jo 3iugaq uo alnoaxa of puu `.fauaol4u 3o saamod anuPadsaa auagl ui paliuni ao pauUap su Sjuogjnu puu aamod ggim sjua2u ao jou,I-ui-sKauaojjV `,io sluauuuuoddu aql 0310naa 01 puu `juuoddu of aamod anug iiugs SxajoaaaS quauuaudaQ Suu ao `faulaaaoS agl `luopisaad aouA Suu 4uaplsaad aqq (I) IuM `GaA'IOS911 CL6i `fiZ iagog3O uo Xuuduuoo aauuansuI XII-ensuo iunlnik iuuojpN uiuuniWsuuad 3o saopaatQ jo pauog agq Sq pa4dopu Noll l'IOSsu ACORD U RAN C E P NB DATE(MM/DD/YY)W 2 12/02/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE First Insurance Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. Q. Box 13687 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RTP NC 27709 INSURERS AFFORDING COVERAGE Phone: 919-941-0549 Fax:919-941-0135 INSURED INSURER A: Penn. Natl. Mutual Cas. Co. County of Orange Department of INSURER B: Purchasing & Central Services INSURER C: & Orange County Schools 132 W King Street INSURER D: Hillsborough NC 27278 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE POLICY NUMBER POLICY E TIV POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000. A COMMERCIAL GENERAL LIABILITY 216105 11/15/99 11/15/00 FIRE DAMAGE(Any one fire) $ XXX CLAIMS MADE FX] OCCUR MED EXP(Any one person) $ XXX OWNERS & CONTRACTORS PERSONAL&ADV INJURY $1,000,000. PROTECTIVE LIABILITY GENERAL AGGREGATE $2,000,000. GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ XXX POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ XXX ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ XXX HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ XXX PROPERTY DAMAGE $ XXX (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXX ANY AUTO H OTHER THAN EA ACC $ XXX AUTO ONLY: AGG $ XXX EXCESS LIABILITY EACH OCCURRENCE $ XXX OCCUR FI CLAIMS MADE AGGREGATE $ XXX DEDUCTIBLE $ RETENTION $ $ATU WORKERS COMPENSATION AND I TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ XXX E.L.DISEASE-EA EMPLOYEE $ XXX E.L.DISEASE-POLICY LIMIT $ XXX OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Stanby Generator fitup for Stanford Middle School, Hillsborough, NC Cancellation Clause Attached CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION PENDERI Pendergraph Electric Inc. P O Box 11458 Durham NC 27703 ACORD 25-S(7/97) " A ORD CORPORATION 1988 AC DATE(MM/DDVY)P ENDE-2 12/02/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE First Insurance Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 13687 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RTP NC 27709 INSURERS AFFORDING COVERAGE Phones919-941-0549 Fax:919-941-0135 INSURED INSURER A: Penn. Natl. Mutual Cas. Co. INSURER B: Key Risk Insurance Company Pendergraph Electric Inc. INSURER C: P O BOX 11458 INSURER D: Durham NC 27703 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE POLICY NUMBER DA EIC LT TVY DATE MXPIRA I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000. A X COMMERCIAL GENERAL LIABILITY AC90042829 01/01/99 01/01/00 FIRE DAMAGE(Any one fire) $ 100,000. CLAIMS MADE EK OCCUR MED EXP(Any one person) $ 5,000. PERSONAL&ADV INJURY $ 1,000,000. GENERAL AGGREGATE $ 2,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000. POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000. • X ANY AUTO AU90042829 01/01/99 01/01/00 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXX R ANY AUTO OTHER THAN EA ACC $ XXX AUTO ONLY: AGG $ XXX EXCESS LIABILITY EACH OCCURRENCE $ 2,000,000. • X OCCUR [7 CLAIMS MADE UL90042829 01101199 01/01/00 AGGREGATE s2,000,000. a DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND X TORY LIMITS T ER B EMPLOYERS'LIABILITY 900000000139099 07/01/99 07/01/00 E,L.EACHACCIDENT $ 100,000. E.L.DISEASE-EA EMPLOYE $ 100,000. E.L.DISEASE-POLICY LIMIT $ 5 0 0,0 0 0, OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Stanby Generator fit-up for Stanford Middle Schc-il, Hillsborough NC The owner (County of Orange Dept of Purchasing & Central Services) & Orange County Schools & Designer (Sunderland Engineering, Inc.) are named as Additional Insureds with respects to the General Liability. Attached is the Cancellation Clause & the letter dated 11-15-99 CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER: CANCELLATION COUNTY3 X4Iyi1dX°15X�€X13t} b €XfidilX County of Orange Department XI }'LXAirK3tt� i�(sYI�GII£%IXI� �Ci( (X of Purchasing & Central Services Xt�€X>{�XXXXiXiX3dXXbtXxBXXX 132 E. King Steet Hillsborough NC 27278 XsOXXIXdC XbtXI�� XiXdfiXXXXXXX ACORD 25-S(7/97) ACORD CORPORATION 1988 ACORD- INSURANCE BINDER OP ID Bw 12/01/99 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS F PRODUCER [CPA/C,No,Ext: 919-941-0549 COMPANY BINDEFt/11 919-941-0135 Penn. Nat] . Mutual Cas. Co. First Insurance Services, Inc. DATE TIME DATE EXPIRATION TIME P. 0. Box 13687 AM 12:01 AM RTP NC 27709 11/15/99 PM 07/22/00 NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: 21-6105 SUB CODE: X PER EXPIRING POLICY#: 9000068069 A Y cusTOMER10 PENDE-2 DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Including Location) INSURED Re:ELECTRIC, INC. & COUNTY OF Res Generator fit-up for Stanford Middle School, Hillsborough, NC ORANGE PURCHASING & CENTRAL SERVICES & ORANGE COUNTY SCHOOLS, AND SUB-CONTRACTORS & SUB-SUB- CONTRACTORS, ATIMA P O BOX 114 8 DURHAM NC 27703 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSES OF LOSS "Direct Physical Loss" 1000 N/A 46,250.00 BASIC 7 BROAD [:] SPEC subject to policy exclusion X BUILDER'S RISK and conditions. GENERAL LIABILITY EACH OCCURRENCE $XXX COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $XXX CLAIMS MADE ❑OCCUR MED EXP(Any one person) $XXX PERSONAL&ADV INJURY $XXX GENERAL AGGREGATE $XXX RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG $XXX AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $XXX ANY AUTO BODILY INJURY(Per person) $XXX ALL OWNED AUTOS BODILY INJURY(Per accident) $XXX SCHEDULED AUTOS PROPERTY DAMAGE $XXX HIRED AUTOS MEDICAL PAYMENTS $XXX NON-OWNED AUTOS PERSONAL INJURY PROT $XXX UNINSURED MOTORIST $XXX AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $XXX ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $XXX AGGREGATE $XXX EXCESS LIABILITY EACH OCCURRENCE $XXX UMBRELLA FORM AGGREGATE $XXX OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $XXX WC STATUTORY LIMITS WORKER'S COMPENSATION E.L.EACH ACCIDENT $XXX AND EMPLOYER'S LIABILITY E.L.DISEASE-EA EMPLOYEE $XXX E.L.DISEASE-POLICY LIMIT $XXX ggPECIAL Cancellation Clause attached. FEES $ CONDITIONSI TAXES $ OTHER COVERAGES ESTIMATED TOTAL PREMIUM $ NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AUTHORIZED REPF.3ENTATIVE I &�J �iq— - ACORD 75-S(1/98) NOTE: IMPORTANT STATE INFORMATION ON F.EVERSE SIDE ACORD CORPORATION 1993 Pendergraph Electric Inc. Cancellation Clause Coverages afforded under these policies will not be canceled or allowed to expire until at lease 60 days prior to written notice has been given to the owner. Pennsylvania National Insurance Casualty Insurance Company, J�Signed: `� LL Authorized Representative Date: November 15, 1999 Owner: County of Orange Contractor: Pendergraph Electric, Inc. Project: Generator fit-up Stanford Middle School Hillsborough, NC Re: Article 11 —Insurance Supplemental General Conditions In a conversation today, between Pam Jones, Bob Pendergraph and Tara J. Smithwick (Insurance Agent)the following have been agreed upon: 1. Worker's Compensation (a) Statutory Coverage for North Carolina (b) Employer's Liability: 100,000. Per Accident 500,000. Disease Policy Limit 100,000. Disease Each Employee 2. Commercial General Liability (a) 1,000,000. General Aggregate 1,000,000. Products and Completed Operations Aggregate 500,000. Personal & Advertising Injury 500,000. Each Occurrence 50,000. Fire Damage Limit (any one fire) 5,000. Medical Expense Limit (any one person) (c) Products and Completed Operations Insurance shall be maintained for a minimum period of one (1) year after final payment and the Contractor shall continue to provide evidence of such coverage to the Owner on an annual basis during the aforementioned period. 3. Business Auto Liability Combined Single Limit: $500,000. each accident 5. Business Umbrella Policy $2,000,000. Over Primary Insurance 6. Builder's Risk r „ i Tara J Smithwick RobdYt Pendergrapff