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2014-122 AMS - Lomax Construction Company Inc for Whitted Second Floor A Bldg Meeting Room Upfit and site work $880,400
a0111- /;?Xl )q AS [Departmental Use Only] TITLE Whitted Meeting Room FY 2013-14 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT(hereinafter called"Agreement"),made as of the 15th day of January, 2014, by and between Lomax Construction, Inc., (hereinafter called the "Contractor"), and Orange County, a body politic and a political subdivision of the State of North Carolina, (hereinafter called the "Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named,agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the General Conditions which are fully incorporated in this Agreement, the Request for Proposals, designer approved communications and/or field orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement with incorporated General Conditions. b. Designer approved and stamped construction documents and drawings and written specifications. c. Designer approved communications and/or field orders. d. Request for Proposals and addenda thereto. e. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by Corley, Redfoot Architects, according to attached Exhibit A, project specification manual table of contents, entitled "Table of Contents" and Exhibit B entitled "List of Drawings" (Sheet set G0.0 through E3.2 and addenda dated 11/26/13, with addenda dated 12/9/13, 12/12/13,and 12/18/13) b. Written specifications prepared by the Designer. c. Bid #1218 proposal dated December 19, 2013, summarized by the highlighted Contractor bid amounts located in Exhibit C entitled 'Bid Tabulation for 1" Floor Renovation of Richard E. Whitted Building, Hillsborough, NC", which includes the base bid amount of $837,400, Alternate G-1 of$40,500, and Alternate G-2 of$2,500 which fully describes the work to be Revised 9/13 1 performed, such work(hereinafter called the"Work"). d. Related documents listed under Section 2 above. 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed. b. The Contractor agrees to complete substantially all Work included by May 15, 2014, or 120 calendar days from the date of the written Notice To Proceed,whichever is later. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety,intended performance or configuration. c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. Revised 9/13 2 g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as specifically set forth in the Contract Documents the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. h. The Contractor shall appoint a competent Project Manager with general authority to manage the Project for the Contractor. The Contractor shall also keep on the Project at all times during the Work of the Contractor a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Designer or by the Owner if a Designer is not retained for the Project. i. If,in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer. j. The Contractor shall attend all progress conferences and all other meetings or conferences. The Contractor shall be represented at these progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without approval or written permission of the Owner and/or Designer shall be removed and replaced at Contractor's expense. 5. PAYMENT&TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Eight Hundred Eighty Thousand Four Hundred Dollars($880,400). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the Designer if a Designer is retained on the Work, a Request for Payment for work done during the previous calendar month. (i) The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at Orange County, Attention Jeff Thompson, PO Box 8181, Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. (ii) The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%)(the"Retainage"). (1) Upon Owner's Representative's certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent(2%2%). Revised 9/13 3 (2) Upon Owner's Representative's certification that ninety percent (90%) of the Work has been satisfactorily completed Retainage may be discontinued. Retainage may be discontinued, at Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. (iii) Final payment shall not be due to the Contractor until thirty (30) days after Final Completion of the Work, including punch list work, has been satisfactorily completed and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. (i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. (ii) This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. NON—APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. c. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall Revised 9/13 4 automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 7. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Lomax Construction,Inc. Attn: Jeff Thompson Attn: Rich Taylor P.O.Box 8181 PO Box 35169 Hillsborough,NC 27278 Greensboro,NC 27425 8. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state,federal or local law,rules,regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and/or the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and/or any code or law. d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable,any additional expense borne by the Designer under this section shall be paid at Contractor's expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. 9. CONSEQUENTIAL DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: (i) Damages incurred by Owner for loss of use,income, financing,or business. (ii) Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct Revised 9/13 5 damages. 10. ENTIRE AGREEMENT All of the documents listed,referenced or described in this Agreement,the written Notice-to-Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 6 ORANGE C Y CONT Lanax Construction, Inc. v i re Signature Printed nd Title Attest: , Donna Baker, Clerk to the Board This instrument has been approved as to technical content. f— Jeff Tho s , Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Chief Financial Officer This instru been approved as to legal form and sufficiency. O 1 of the County Attorney Revised 9/13 7 11T FLOOR RENOVATION OF WHITTED BUILDING EXHIBIT'A' HILLSBOROUGH,NORTH CAROLINA TABLE OF CONTENTS BIDDING REQUIREMENTS Notice to Bidders General Conditions Supplementary General Conditions Guidelines for Recruitment and Selection of Minority Businesses E-Verify Requirements BID FORMS AND SUPPLEMENTS Form of Proposal Identification of HUB Certified/Minority Business Participation Affidavit A—Listing of the Good Faith Effort Affidavit B—Intent to Perform Contract with Own Workforce Affidavit C—Portion of Work to be Performed by Minority Firms Affidavit D—Good Faith Efforts E-Verify Affidavit Contractor's Safety Record Information Form of Bid Bond CONTRACT FORMS Construction Agreement Over$250,000 Form of Performance Bond Form of Payment Bond Sheet for Attaching Power of Attorney Sheet for Attaching Insurance Certificates DIVISION 01 -GENERAL REOUIREMENTS 011000 Summary 011000-1 thru 4 012100 Allowances 012100-1 thru 3 012200 Unit Prices 012200-1 thru 2 012300 Alternates 012300-1 thru 2 012600 Contract Modification Procedures 012600-1 thru 2 012900 Payment Procedures 012900-1 thru 5 013100 Project Management and Coordination 013100-1 thru 7 013200 Construction Progress Documentation 013200-1 thru 8 013300 Submittal Procedures 013300-1 thrul0 014000 Quality Requirements 014000-1 thru 8 015000 Temporary Facilities and Controls 015000-1 thru 7 016000 Product Requirements 016000-1 thru 5 017300 Execution Requirements 017300-1 thru 9 017419 Construction Waste Management and Disposal 017419-1 thru 7 017700 Closeout Procedures 017700-1 thru 6 017823 Operation and Maintenance Data 017823-1 thru 8 I f TABLE OF CONTENTS TOC-i 1ST FLOOR RENOVATION OF WHITTED BUILDING HILLSBOROUGH,NORTH CAROLINA 017839 Project Record Documents 017839-1 thru 4 017900 Demonstration and Training 017900-1 thru 4 DIVISION 02—EXISTING CONDITIONS 024119 Selective Structure Demolition 024119-1 thru 8 DIVISION 03—CONCRETE 033053 Miscellaneous Cast-in-Place Concrete 033053-1 thru 4 DIVISION 04—MASONRY 042000 Unit Masonry Assemblies 042000-1 thru 8 DIVISION 05—METALS 055000 Metal Fabrications 055000-1 thru 6 DIVISION 06—WOOD AND PLASTICS 061000 Rough Carpentry 061000-1 thru 5 064021 Interior Architectural Woodwork 064021-1 thrul2 DIVISION 07—THERMAL AND MOISTURE PROTECTION 079200 Joint Sealants 079200-1 thrul2 DIVISION 08—DOORS AND WINDOWS 081113 Hollow Metal Doors and Frames 081113-1 thru10 081416 Flush Wood Doors 081416-1 thru 6 082123 Stile&Rail Wood Doors 082123-1 thru 6 083113 Access Doors and Frames 083113-1 thru 4 087100 Door Hardware 087100-1 thrul2 088000 Glazing 088000-1 thru 6 088300 Mirrors 088300-1 thru 6 DIVISION 09—FINISHES 092216 Non-Structural Metal Framing 092216-1 thru 4 092900 Gypsum Board 092900-1 thru 7 093000 Tiling 093000-1 thrul l l TABLE OF CONTENTS TOC-ii i I I 1sT FLOOR RENOVATION OF WHITTED BUILDING HILLSBOROUGH,NORTH CAROLINA 095113 Acoustical Panel Ceilings 095113-1 thru 6 096516 Resilient Sheet Flooring 096516-1 thru 5 096519 Resilient Floor Tile 096519-1 thru 7 096801 Carpet 096801-1 thru 7 096851 Walk-off Mat 096851-1 thru 4 098601 Fabric-wrapped Acoustical Panels 098601-1 thru 5 099113 Exterior Painting 099113-1 thru 4 099123 Interior Painting 099123-1 thru 8 DIVISION 10—SPECIALTIES 101550 Toilet Compartments 101550-1 thru 4 102800 Toilet Accessories 102800-1 thru 4 104313 Interior Signage 104313-1 thru 6 105201 Fire-Protection Specialties 105201-1 thru 7 DIVISION 11 —EOUIPMENT Not Used. DIVISION 12—FURNISHINGS 124943 Roller Shades 124943-1 thru 7 DIVISION 21—FIRE PROTECTION 210000 Common Work Results for Fire Protection 210000-1 thrul0 210080 Project Record Documents 210080-1 thru 2 210100 Firestopping Penetration 210100-1 thru 2 210548 Vibration and Seismic Controls For Fire-Suppression Piping and Equipment 210548-1 211000 Water-Based Fire-Suppression Systems 211000-1 thru 9 DIVISION 22—PLUMBING 220080 Project Record Documents 220080-1 thru 2 220100 Firestopping Penetration 220100-1 thru 2 220500 Common Work Results for Plumbing 220500-1 thrul l 220523 General-Duty Valves for Plumbing Piping 220523-1 thru 5 220529 Hangers and Supports for Plumbing Piping and Equipment 220529-1 thru 6 210548 Vibration and Seismic Controls For Fire-Suppression Piping and Equipment 220548-1 thru 2 220553 Identification for Plumbing Piping and Equipment 220553-1 thru 3 220700 Plumbing Insulation 220700-1 thru 8 221116 Domestic Water Piping 221116-1 thru 9 221119 Domestic Water Piping Specialties 221119-1 thru 6 TABLE OF CONTENTS TOC-iii 1sT FLOOR RENOVATION OF WHITTED BUILDING HILLSBOROUGH,NORTH CAROLINA 221316 Drain,Waste and Vent Piping 221316-1 thru 4 221319 Sanitary Waste Piping Specialties 221319-1 thru 4 224000 Plumbing Fixtures 224000-1 thru 5 224700 Water Coolers 224700-1 thru 2 DIVISION 23 —HEATING VENTILATING AND AIR CONDITIONING 230050 COMMON WORK RESULTS FOR HVAC 17 230100 PENETRATION FIRESTOPPING 2 230513 COMMON MOTOR REQUIREMENTS FOR HVAC 2 EQUIPMENT 230529 HANGERS AND SUPPORTS F OR HVAC PIPING AND 5 EQUIPMENT 230548 VIBRATION AND SEISMIC CONTROLS FOR HVAC 2 230553 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT 3 230593 TESTING,ADJUSTING,AND BALANCING FOR HVAC 12 230700 HVAC INSULATION 6 230900 INSTRUMENTATION AND CONTROLS 3 233113 METAL DUCTS 6 233300 AIR DUCT ACCESSORIES 4 233416 CENTRIFUGAL HVAC FANS 5 233423 HVAC POWER VENTILATORS 5 233713 DIFFUSERS,REGISTERS,AND GRILLES 2 DIVISION 26—ELECTRICAL 260500 Common Work Results for Plumbing 260500-1 thru12 260100 Firestopping Penetration 260100-1 thru 2 260519 Low-Voltage Electrical Power Conductors and Cables 260519-1 thru 2 260526 Grounding and Bonding for Electrical Systems 260526-1 thru 3 260529 Hangers and Supports for Electrical Systems 260529-1 thru 3 260533 Raceway and Boxes for Electrical Systems 260533-1 thru 6 260548 Vibration and Seismic Controls For Electrical Systems 260548-1 thru 2 260553 Identification for Electrical Systems 260553-1 thru 3 260923 Lighting Control Devices 260923-1 thru 4 262200 Low-Voltage Transformers 262200-1 thru 3 262416 Panelboards 262416-1 thru 4 262726 Wiring Devices 262726-1 thru 4 262816 Enclosed Switches and Circuit Breakers 262816-1 thru 2 265100 Interior Lighting 265100-1 thru 5 DIVISION 28—LOW-VOLTAGE ELECTRICAL 283111 Digital,Addressable Fire-Alarm System 283111-1 thru 7 TABLE OF CONTENTS TOC -iv 1ST FLOOR RENOVATION OF WHITTED BUILDING HILLSBOROUGH,NORTH CAROLINA DIVISION 31 —EARTHWORK 311000 Site Clearing 311000-1 thru 6 312000 Earth Moving 312000-1 thru 1 l DIVISION 32—EXTERIOR EMPROVEMENTS 321216 Asphalt Paving 321216-1 thrul0 321313 Concrete Paving 321313-1 thrul3 321373 Concrete Paving Joint Sealants 321373-1 thru 5 329300 Exterior Plants 329300-1 thru 9 DIVISION 33—UTILITIES 334100 Utility Storm Drainage Piping 334100-1 thru 5 END OF TABLE OF CONTENTS i i I TABLE OF CONTENTS TOC-v IST FLOOR RENOVATION OF WHITTED BUILDING EXHIBIT `B' HILLSBOROUGH,NORTH CAROLINA LIST OF DRAWINGS GO.0 Cover Sheet FIRE PROTECTION GO.] Life Safely and Egress Plans FP1.0 Fire Protection Plan CIVIL CLO Existing Conditions Plan PLUMBING C1.1 Demolition and Grading Plan PIA Plumbing Schedules and Details C2.0 Site Plan PI.1 Plumbing Plans C2.1 Site Plan Details MECHANICAL LANDSCAPE MO.1 Mechanical:Schedules and Notes LI.O Landscape Plan MI.] First Floor Ductwork Denzo Plan M1.2 First Floor Ductwork Plan ARCHITECTURAL M2.1 Allis Level Ductwork Dento Plan A0.1 First Floor Demolition Floor and Ceiling Plans M22 Attic Level Ductivork Plan ALL First Floor Renovation Plan and Schedules M3.1 First Floor Piping Demo Plan A2.0 Basement Reflected Ceiling Plan M3.2 First Floor Piping Plan A2.1 First Floor Reflected Ceiling Plan A3.1 Interior Elevations and Sections A4.1 Door Schedule and Details ELECTRICAL A5.1 Millwork Elevations and Enlarged Plans ELI Electrical Cover, Schedules and Notes A5.2 Millwork Details E2.1 First Floor Electrical Lighting Plan A5.3 Interior Details E2.2 First Floor Electrical Power and Receptacle Plan A5.4 Exterior Stair and Structural Details E3.1 Electrical Notes,Details and Risers AU Interior Signage Schedule and Details E3.2 Electrical Notes and Details LIST OF DRAWINGS LOD-i or Bid Tabulation for 1st Floor Renovation of Richard E.Whiffed Building,Hillsborough,NC Orange County Project No. 1218 Bids Received: December 19,2013 Single-Prime Lie.# Add. Bid MBE E- Safety Base Bid Alternate G-1 Alternate G-2 General Contractors Recd. Bond verify Record Asphalt Paving Exterior Stair Ajax Building Corporation did not bid ASJ Wilson Construction LLC did not bid Bolton Construction and Service did not bid Bordeaux Construction Co.,Inc. 9266- ■ ■ ■ ■ ■ $845,000.00 $53,000.00 $16,730.00 Callis Contractors,Inc. did not bid Central Builders Inc.of Mebane 4176 ■ ■ ■ ■ ■ $898,000.00 $55,000.00 ($1,200.00) L.A.Downey Construction Co. 1774 ■ ■ ■ ■ ■ $976,394.00 $41,259.00 ($4,039.00) DiamondWater Construction did not bid David Hill Builders,Inc. 32728 ■ ■ ■ ■ ■ $1,019,300.00 $45,146.00 $0.00 Hutchins Construction did not bid Infinity Construction Group,Inc. did not bid H.M.Kern Corporation 8542 ■ ■ ■ ■ ■ $921,600.00 $52,500.00 $4,700.00 Lomax Construction Co. 37571 ■ ■ ■ ■ ■ $837,400.00 $40,500.00 $2,500.00 Mackem Construction,LLC did not bid National Panels,LLC did not bid SBC Contracting,Inc. did not bid Sparkman Construction did not bid S&S Building and Development 61690 ■ ■ ■ ■ ■ $845,000.00 $42,615.00 $0.00 W.C.Construction Company 63557 ■ ■ ■ ■ ■ $1,016,800.00 $14,000.00 ($3.300.00) C.T.Wilson Construction Co.,Inc. 2443 ■ ■ ■ ■ ■ $977,632.00 $40,023.00 ($30.00) Bids as shown above,received at 4:00 pm,Thursday,December 19,2013,have been checked,validated and are hereby certified as correct. � .��IL IM Kenneth E.Redfoot,AIA {� ;�• - •--•-- •- Bond No. 0473321 cItLA'�'� GREAT AMERICAN INSURANCE COMPANY AhfERIGW. INSURANCE GROUP OHIO Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Lomax Construction, Inc. Great American Insurance Company P O Box 35169 301 East Fourth Street Greensboro, NC 27425 Cincinnati, OH 45202 OWNER: (Name,legal status and address) Orange County 200 S. Cameron Street Hillsborough, NC 27278 CONSTRUCTION CONTRACT Date: January 15, 2014 Amount: $880,400.00 Eight Hundred Eighty Thousand Four Hundred Dollars and 00/100 Description: (Name and location) 1 st Floor Renovation of Whitted Building BOND Date: January 15, 2014 (Not earlier than Construction Contract Date) Amount: $880,400.00 Eight Hundred Eighty Thousand Four Hundred Dollars and 00/100 Modifications to this Bond: ®None ❑See Section 16 CONTRACTOR AS N AL SURETY Company: (Corporate Sean Company: Lomax Co tructi n GREAT A NSURANCFytO ~ ,' Signature: Signature: •' Name and Title: Lat ohn L. Lomax Name and Title: Catherine Thompson re iZnt Attorney-in-Fact (Any additional si s ap pear on the lastpage of this Performance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) OWNER'S REPRESENTATIVE: AGENT or BROKER: (Architect,Engineer orotherparty) Willis Corley, Redfoot Architects P.O. Box 31817 Charlotte, NC 28231-1817 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition GAIC Perf A312(10/10) 1 I The Contractor and Surety,jointly and severally, bind 5.4 Waive its right to perform and complete, arrange themselves, their heirs, executors, administrators, for completion, or obtain a new contractor and with successors and assigns to the Owner for the performance reasonable promptness under the circumstances: of the Construction Contract,which is incorporated herein .1 After investigation, determine the amount for by reference. which it may be liable to the Owner and, as 2 If the Contractor performs the Construction Contract, soon as practicable after the amount is the Surety and the Contractor shall have no obligation determined,make payment to the Owner;or under this Bond,except when applicable to participate in a .2 Deny liability in whole or in part and notify the conference as provided in Section 3. Owner,citing the reasons for denial. 3 If there is no Owner Default under the Construction 6 If the Surety does not proceed as provided in-Section.5- Contract, the Surety's obligation under this Bond shall with reasonable promptness,the Surety shall be deemed to arise after be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety 3.1 the Owner first provides notice to the Contractor demanding that the Surety perform its obligations under and the Surety that the Owner is considering declaring this Bond, and the Owner shall be entitled to enforce any a Contractor Default.Such notice shall indicate whether remedy available to the Owner. If the Surety proceeds as the Owner is requesting a conference among the provided in Section 5.4, and the Owner refuses the Owner, Contractor and Surety to discuss the payment or the Surety has denied liability, in whole or in Contractor's performance. If the Owner does not part, without further notice the Owner shall be entitled to request a conference, the Surety may,within five (5) enforce any remedy available to the Owner. business days after receipt of the Owner's notice, 7 If the Surety elects to act under Section 5.1,5.2 or 5.3, request such a conference. If the Surety timely then the responsibilities of the Surety to the Owner shall requests a conference,the Owner shall attend. Unless not be greater than those of the Contractor under the the Owner agrees otherwise,any conference requested Construction Contract, and the responsibilities of the under this Section 3.1 shall be held within ten (10) Owner to the Surety shall not be greater than those of the business days of the Surety's receipt of the Owner's Owner under the Construction Contract. Subject to the notice. If the Owner, the Contractor and the Surety commitment by the Owner to pay the Balance of the agree, the Contractor shall be allowed a reasonable Contract Price,the Surety is obligated,without duplication, time to perform the Construction Contract,but such an for agreement shall not waive the Owner's right, if any, 7.1 the responsibilities of the Contractor for correction . subsequently to declare a Contractor Default; of defective work and completion of the Construction 3.2 the Owner declares a Contractor Default, Contract; terminates the Construction Contract and notifies the 7.2 additional legal, design professional and delay Surety and costs resulting from the Contractor's Default, and 3.3 the Owner has agreed to pay the Balance of the resulting from the actions or failure to act of the Surety Contract Price in accordance with the terms of the under Section 5;and Construction Contract to the Surety or to a contractor 7.3 liquidated damages, or if no liquidated damages selected to perform the Construction Contract. are specified in the Construction Contract, actual 4 Failure on the part of the Owner to comply with the damages caused by delayed performance or notice requirement in Section 3.1 shall not constitute a non-performance of the Contractor. failure to comply with a condition precedent to the Surety's 8 If the Surety elects to act under Section 5.1,5.3 or 5.4, obligations, or release the Surety from its obligations, the Surety's liability is limited to the amount of this Bond. except to the extent the Surety demonstrates actual prejudice. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 5 When the Owner has satisfied the conditions of Section Construction Contract, and the Balance of the Contract 3, the Surety shall promptly and at the Surety's expense Price shall not be reduced or set off on account of any take one of the following actions: such unrelated obligations. No right of action shall accrue 5.1 Arrange for the Contractor,with the consent of the on this Bond to any person or entity other than the Owner Owner, to perform and complete the Construction or its heirs, executors, administrators, successors and Contract; assigns. 5.2 Undertake to perform and complete the 10 The Surety hereby waives notice of any change, Construction Contract itself, through its agents or including changes of time, to the Construction Contract or independent contractors; to related subcontracts, purchase orders and other 5.3 Obtain bids or negotiated proposals from qualified obligations. contractors acceptable to the Owner for a contract for 11 Any proceeding, legal or equitable, under this Bond performance and completion of the Construction may be instituted in any court of competent jurisdiction in Contract, arrange for a contract to be prepared for the location in which the work or part of the work is located execution by the Owner and a contractor selected with and shall be instituted within two years after a declaration the Owner's concurrence, to be secured with of Contractor Default or within two years after the performance and payment bonds executed by a Contractor ceased working or within two years after the qualified surety equivalent to the bonds issued on the Surety refuses or fails to perform its obligations under this Construction Contract, and pay to the Owner the Bond, whichever occurs first. If the provisions of this amount of damages as described in Section 7 in Paragraph are void or prohibited by law, the minimum excess of the Balance of the Contract Price incurred by period of limitation available to sureties as a defense in the the Owner as a result of the Contractor Default;or jurisdiction of the suit shall be applicable. The Company executing this bond vouches that this document conforms to American institute of Architects Document A312-2010 Edition LAIC Perf A312(10110) 2 12 Notice to the Surety,the Owner or the Contractor shall 14.2 Construction Contract.The agreement between be mailed or delivered to the address shown on the page the Owner and Contractor identified on the cover page, on which their signature appears. including all Contract Documents and changes made to 13 When this Bond has been furnished to comply with a the agreement and the Contract Documents. statutory or other legal requirement in the location where 14.3 Contractor Default. Failure of the Contractor, the construction was to be performed,any provision in this which has not been remedied or waived,to perform or Bond conflicting with said statutory or legal requirement otherwise to comply with a material term of the shall be deemed deleted herefrom and ,provisions Construction Contract. conforming to such statutory or other legal requirement 14.4 Owner Default. Failure of the Owner,which has shall be deemed incorporated herein.When so furnished, not been remedied or waived,to pay the Contractor as the intent is that this Bond shall be construed as a required under the Construction Contract or to perform statutory bond and not as a common law bond. and complete or comply with the other material terms of 14 Definitions the Construction Contract. 14.1 Balance of the Contract Price. The total 14.5 Contract Documents. All the documents that amount payable by the Owner to the Contractor under comprise the agreement between the Owner and the Construction Contract after all proper adjustments Contractor. have been made, including allowance to the 15 If this Bond is issued for an agreement between a Contractor of any amounts received or to be received Contractor and subcontractor, the term Contractor in this by the Owner in settlement of insurance or other Bond shall be deemed to be Subcontractor and the term claims for damages to which the Contractor is entitled, Owner shall be deemed to be Contractor. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction 16 Modifications to this bond are as follows: Contract. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate SeaO Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition GAIC Perf A312(10/10) 3 Bond No. 0473321 ���"-� GREAT AMERICAN INSURANCE COMPANY Tt�1111rRIC1A. INSURANCE GROUP OHIO Payment Bond Any singular reference to Contractor,Surety,Owner or other party shalt be considered plural where applicable. CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Lomax Construction, Inc. GreatAmerican Insurance Company P O Box 35169 301 East Fourth Street Greensboro, NC 27425 Cincinnati, OH 45202 OWNER: (Name,legal status and address) Orange County 200 S. Cameron Street Hillsborough, NC 27278 CONSTRUCTION CONTRACT Date: January 15, 2014 Amount: $880,400.00 Eight Hundred Eighty Thousand Four Hundred Dollars and 00/100 Description: (Name and location) 1st Floor Renovation of Whitted Building BOND Date: January 15, 2014 (Not earlier than Construction Contract Date) Amount: $880,400.00 Eight Hundred Eighty Thousand Four Hundred Dollars and 001100 Modifications to this Bond: None ❑ See Section 18 CONTRACTOR iPAL SURETY Company: (Corporate Seal) Company: Lomax nstru c. GREAT ERI ANfINSiIJRA E CO .c: Signature: Signature: .��� Name and Title(�Pr=iAdeiit Loomax Name and Title:Catherine Th pson Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY--Name,addt'essand telephone) OWNER'S REPRESENTATIVE: AGENT or BROKER: (Architect,Engineer or other party) Willis Corley, Redfoot Architects P.O. Box 31817 Charlotte, NC 28231-1817 The Company execerting this bond vouches that this document conforms to American institute of Architects Document A312-2010 Edition LAIC Pymt A312(10110) 1 1 The Contractor and Surety,jointly and severally, bind undisputed amounts for which the Surety and Claimant themselves, their heirs, executors, administrators, have reached agreement. If, however, the Surety fails successors and assigns to the Owner to pay for labor, to discharge its obligations under Section 7.1 or Section materials and equipment furnished for use in the 7.2, the Surety shall indemnify the Claimant for the performance of the Construction Contract, which is reasonable attorney's fees the Claimant incurs incorporated herein by reference, subject to the following thereafter to recover any sums found to be due and terms. owing to the Claimant. 2 if the Contractor promptly makes payment of all sums 8 The Surety's total obligation shall not exceed the amount due to Claimants, and defends, indemnities and holds of this Bond,plus the amount of reasonable attorney's fees harmless the Owner from claims,demands, liens or suits provided under Section 7.3, and the amount of this Bond by any person or entity seeking payment for labor, shall be credited for any payments made In good faith by materials or equipment furnished for use in the the Surety. performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this 9 Amounts owed by the Owner to the Contractor under the Bond. Construction Contract shall be used for the performance of 3 If there is no owner Default under the Construction the Construction Contract and to satisfy claims, if any, Contract, the Surety's obligation to the Owner under this under any construction performance bond. By the Bond shall arise after the Owner has promptly notified the Contractor furnishing and the Owner accepting this Bond, Contractor and the Surety (at the address described In they agree that all funds earned by the Contractor in the Section 13)of claims,demands,liens or suits against the performance of the Construction Contract are dedicated to Owner or the Owner's property by any person or entity Bondy obligation the Owner's actor to use the under funds t is seeking payment for labor, materials or equipment the completion of the work. furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, 10 The Surety shall not be liable to the Owner,Claimants liens or suits to the Contractor and the Surety. or others for obligations of the Contractor that are unrelated 4 When the Owner has satisfied the conditions in Section to the Construction Contract.The Owner shalt not be liable for the payment of any costs or expenses of any Claimant 3, the Surety shall promptly and at the Surety's expense under this Bond, and shall have under this Bond no defend,indemnify and hold harmless the Owner against a obligation to make payments to,or give notice on behalf of, duly tendered claim,demand,lien or suit. Claimants or otherwise have any obligations to Claimants 5 The Surety's obligations to a Claimant under this Bond under this Bond. shall arise after the following: 11 The Surety hereby waives notice of any change, 5.1 Claimants,who do not have a direct contract with including changes of time, to the Construction Contract or the Contractor, to related subcontracts, purchase orders and other .1 have furnished a written notice of obligations. non-payment to the Contractor, stating with 12 No suit or action shall be commenced by a Claimant substantial accuracy the amount claimed and under this Bond other than in a court of competent the name of the party to whom the materials jurisdiction in the state in which the project that is the were,or equipment was,furnished or supplied subject of the Construction Contract is located or after the or for whom the labor was done or performed, expiration of one year from the date (1) on which the within ninety (90) days after having last Claimant sent a Claim to the Surety pursuant to Section performed labor or last furnished materials or 5,1,2 or 5.2,or(2)on which the last labor or service was equipment included in the Claim;and performed by anyone or the last materials or equipment .2 have sent a Claim to the Surety (at the were furnished by anyone under the Construction Contract, address described in Section 13). whichever of(1)or(2)first occurs. If the provisions of this 5.2 Claimants,who are employed by or have a direct Paragraph are void or prohibited by law, the minimum contract with the Contractor, have sent a Claim to the period of limitation available to sureties as a defense in the Surety(at the address described in Section 13). jurisdiction of the suit shall be applicable. 6 if a notice of non-payment required by Section 5.1.1 is 13 Notice and Claims to the Surety, the Owner or the given by the Owner to the Contractor, that is sufficient to Contractor shall be mailed or delivered to the address satisfy a Claimant's obligation to furnish a written notice of shown on the page on which their signature appears. non-payment under Section 5.1.1. Actual receipt of notice or Claims, however accomplished, 7 When a Claimant has satisfied the conditions of shall be sufficient compliance as of the date received. Sections 5.1 or 5.2, whichever is applicable, the Surety 14 When this Bond has been furnished to comply with a shall promptly and at the Suretys expense take the statutory or other legal requirement in the location where following actions: the construction was to be performed,any provision in this 7.1 Send an answer to the Claimant,with a copy to the Bond conflicting with said statutory or legal requirement Owner,within sixty(60)days after receipt of the Claim, shall be deemed deleted herefrom and provisions stating the amounts that are undisputed and the basis conforming to such statutory or other legal requirement for challenging any amounts that are disputed;and shall be deemed incorporated herein. When so furnished, 7.2 Pa or arrange for payment of an undisputed the intent is that this Bond shall be construed as a statutory Pay p y y p bond and not as a common law bond. amounts. 7.3 The Surety's failure to discharge Its obligations 15 Upon request by any person or entity appearing to be a under Section 7.1 or Section 7.2 shall not be deemed to potential beneficiary of this Bond, the Contractor and constitute a waiver of defenses the Surety or Contractor Owner shall promptly furnish a copy of this Bond or shall may have or acquire as to a Claim, except as to permit a copy to be made. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition LAIC Pymt A312(10/10) 2 16 Definitions individual or entity that has rightfully asserted a claim 16.1 Claim. A written statement by the Claimant under an applicable mechanic's lien or similar statute including at a minimum: against the real property upon which the Project is .1 the name of the Claimant; located. The intent of this Bond shall be to include .2 the name of the person for whom the labor without limitation in the terms "labor, materials or was done, or materials or equipment equipment" that part of water, gas, power, light, heat, furnished; oil, gasoline, telephone service or rental equipment .3 a copy of the agreement or purchase order used in the Construction Contract, architectural and pursuant to which labor, materials or engineering services required for performance of the equipment was furnished for use in the work of the Contractor and the Contractor's performance of the Construction Contract; subcontractors, and all other items for which a .4 a brief description of the labor, materials or mechanic's lien may be asserted in the jurisdiction equipment furnished; where the labor, materials or equipment were .5 the date on which the Claimant fast performed furnished. labor or last furnished materials or equipment 16.3 Construction Contract.The agreement between for use in the performance of the Construction the Owner and Contractor identified on the cover page, Contract; including all Contract Documents and all changes .6 the total amount earned by the Claimant for made to the agreement and the Contract Documents. labor, materials or equipment furnished as of 16.4 Owner Default.Failure of the Owner,which has the date t the Claim; not been remedied or waived,to pay the Contractor as 7 the total amount of previous payments required under the Construction Contract or to perform received l the Claimant;and and complete or comply with the other material terms of the Construction Contract. .8 the total amount due and unpaid to the 16.5 Contract Documents. All the documents that Claimant for labor, materials or equipment comprise the agreement between the Owner and furnished as of the date of the Claim. Contractor. 16.2 Claimant. An individual or entity having a direct 17 If this Bond is issued for an agreement between a contract with the Contractor or with a subcontractor of Contractor and subcontractor, the term Contractor in this the Contractor to furnish labor, materials or equipment Bond shall be deemed to be Subcontractor and the term for use in the performance of the Construction Owner shall be deemed to be Contractor. Contract. The term Claimant also includes any 18 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: The Company executing this bond vouches that this document conforms to American institute of Architects Document A312-2010 Edition GAIC Pymt A312(10/10) 3 ► GREAT AMERICAN INSURANCE COMPANY® Administrative Office:301 E 4th STREET-CINCINNATI,OHIO 45202.513.369-5000-FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than ] No.0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, 11ndertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power Catherine Thompson Charlotte NC $75,000,000.00 Surety Bond No.: 0473321 Principal: Lomax Construction, Inc. Obligee:Orange County This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 15th day of January � 2014 Attest GREAT AMERICAN INSURANCE COMPANY IMS Assistant Secretary Divisional Senior�cePresident STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.x1TCHIN(5134114602) On this 15th day of January 2014 ,before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati, Ohio,that he is the Divisional Senior Vice President of the Bond Division of Great . American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. KAREN L GROSHEMM �VROMTA�R�Yl1't18fUWC,,ySTTfCpT�I I*IM . �•��i• In)VVIAMON EvIRES 02-2040 a � r /st- This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED:That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to thee,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts ofsuretyship,or other written obligations in the nature thereof,to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract ofsuretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of stick officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 15th day of January 2014 4t'- e. .3 Rssistant Secretary s1029wC(o4n 1) y 1 ® t DATE(MWDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER N MEACT Mark MCLamb, CIC Craft Insurance Center PHONE (336)375-0600 FAX c o:(336)375-7004 823 North Elm Street A-MARIL .mmclamb @craftinsurance.com PO BOX 14946 INSURER(S)AFFORDING COVERAGE NAIC# Greensboro NC 27415 INSURERAAll America Insurance Company 0222 INSURED INSURERB:Central Mutual Insurance 20230 Lomax Construction, Inc. INSURER CBuilders Mutual Insurance 10844 PO Box 35169 INSURERD:Peerless Indemnity Insurance 18333 INSURER E: Greensboro NC 27425 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD MMIDD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 GE TO 11 X COMMERCIAL GENERAL LIABILITY AEMI N Ewen $ 300,000 A CLAIMS-MADE X❑OCCUR X Y CLP 7967877 /1/2014 /1/2015 MEDEXP Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 JECT POLICY X PRO-POLICY $ AUTOMOBILE LIABILITY Ee eBIINEDtSINGLE LIMIT 11000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X Y 7967876 /1/2014 /1/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Uninsured motorist combined $ 11000,000 UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 X B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X I RETENTION$ S 7967878 /1/2014 /1/2015 $ C WORKERS COMPENSATION Y X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARINER/EXECUTIVE E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) 002462712 /1/2014 /1/2015 E.L.DISH-ASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 A Inland Marine CLP 7967877 1/1/2014 /1/2015 Rental Equipment $100,000 D Builders Risk IM957153 /1/2014 /1/2015 Builders Risk $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,N more space is required) Project: 1st Floor Renovation of Whitted Building, Hillsborough, North Carolina. Orange County, Owner, Designer & Designer's Consultants are Additional Insureds on the General Liability and Automobile policies if required by written contract, agreement or permits only as respects to operations of the Named Insured on a primary and non-contributory basis. Waiver of subrogation is provided in favor of the additional insureds under the General Liability, Automobile and Workers Compensation policies if required by written contract. The umbrella policy is written on "follow the CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Mark McLamb, CIC/IQIIt `"� �� ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 oninms m Tho annian nnma and Inn^ara raniatararl mnrlra of Af_npn COMMENTS/REMARKS form basis" . 30 day notice of cancellation applies to all policies except 10 days notice for non-payment of premium. The workers compensation experience mod for the 2014-2015 policy term is .90. OFREMARK COPYRIGHT 2000, AMS SERVICES INC.