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HomeMy WebLinkAbout2014-196 Solid Waste - T&K Construction for closure of Orange Co. south MSW landfill unit $3,432,142 J 1- R 9 Solid Waste so%c� l [Departmental Use Only] s a a i` TITLE Orange CO MS W LF Closure P A FY 13-14 _ 3 J H NORTH CAROLINA 7, CONSTRUCTION AGREEMENT OVER$250,000.00 )RANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the day • of April, 2014, by and between T&K Construction LLC, (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 HDR Engineering Inc. of the Carolinas (Sheet sets OOG-01 - 03; OOC-01 - 07 dated February 2014, and all related addendum as acknowledged in submitted proposal) b. Written specifications prepared by the Designer. c. T&K Construction LLC proposal dated March 25, 2014 which fully describes the work to be performed,such work(hereinafter called the"Work"). d. Related documents listed under Section 2 above. "H' Revised 1/14 1 �3 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 October 25, 2014 or 180 calendar days from the time of 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 orb conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contracto, engaged by the Contractor in the performance of any work or services required of th Contractor under this Agreement, shall be considered employees or agents of the Contracts) only and not of the Owner, and any and all claims that may or might arise under any worker: compensation or other law or contract on behalf of said employees while so engaged shall bw the sole obligation and responsibility of the Contractor. e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall required to comply with all federal, state and local antidiscrimination laws, regulations Ir 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 been certifications, or related credentials Contractor represents that it and/or its employees, ag and subcontractors engaged in such activities possess such licenses, certifications credentials and that such licenses certifications, or credentials are current, active, and not state of suspension or revocation. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor' skill and attention. Except as specifically set forth in the Contract Documents the Con shall be solely responsible for the means, methods, techniques, sequences and proced construction, and for safety precautions and programs in connection with the Work Revised 1/14 2 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 Three Million Four Hunderd Thirty Two Thousand and One Hundred Forty Two Dollars ($3,432,142). 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 PO Box 17177 Chapel Hill, NC 27516-7177 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) 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. Revised 1/14 3 I (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 erform the Work k 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 PI 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 11 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 01 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 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: Revised 1/14 4 I Owner: Contractor: Orange County T&K Construction LLC Attn: Gayle Wilson 235 County Road 1242 P.O. Box 8181 Vinemont,AL 35179 Hillsborough,NC 27278 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 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 Revised 1/14 5 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 1/14 6 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for of counterparts,be deemed an original contract. ORANGE COUNTY CONTRACTOR ure Signature . Printed Name and Title Attest: Do a :aker, Clerk to the Board This instrument has been approved as to technical content./I Gayle ilso/, I epartment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 111 0/0/14-4—• pr Office of the Chief Financial Officer This instru P ent has—Wen a roved as to legal form and sufficiency. ce oft County Attorney • I 1 1 1 t Revised 1/14 7 I Bond No. 0164700 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 Address or Principal Place T&K Construction, LLC of Business): 235 County Rd. 1242 Vinemont,AL 35179 Berkley Insurance Company OWNER(Name and Address): 475 Steamboat Road Orange County Greenwich, CT 06830 P.O. Box 8181 Hillsborough, NC 27278 CONTRACT Date: Amount: $3,432,142.00 Three Million Four Hundred Thirty Two Thousand One Hundred Forty Two Dollars and 00/100 Description(Name and Location): Orange County MSW Landfill Closure FY13-14 BOND Date(Not earlier than Constniction Contract Date): Amount:$3,432,142.00 Three Million Four Hundred Thirty Two Thousand One Hundred Forty Two Dollars and 00/100 Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Performance bond to be duly executed on its behalf by its authorized officer,agent or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp.Seal) Company: (Corp.Seal) T&K Construction, LLC Berkley Insuran Co/,.•s ny ,�f Signature: Signature: � Name an isle:77 er n"Asst p p I berV Name and Ti !� r;�*g; . ;- ett Attorney-in-Fact 7 (Attach '6 - orney) (Space is provided below for signatures of additional parties,if required) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp.Seal) Company: (Corp.Seal) Signature: Signature: Name and Title: Name and Title: (Attach Power of Attorney) EJCDC No. 1910-28-A(1996 Edition) Originally prepared through the joint efforts of the Surely Association of America Engineers Joint Contract Documents committee,the Associated General Contractors of America,and the American Institute of Architects. 00610-1 6. After the OWNER Iha% terminined the CONTRACTOR'S right to nomplete the Contract,and if the Surety elects to act under paragraph 4.!,4.2,or 4.3 above,then the ,l. The CON'rRACrOR and the Surety,jointly and severally, bind ticineelves,their responsibilities of the Surety to the OWNER shall not be greater than those of the heirs,executors,administrators,successors and assigns to the Owner tor the performance CONTRACTOR under the Contract,and the responsibilities of the OWNER to the of the Contract,which is incorporated herein by reference. Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond,but subject to commitment by the OWNER of the Balance of 2. If the CONTRACTOR performs the Comnui,the Surety and the CONTRACTOR have the Contract Price to mitigation of costs and damages on the Contract,the Surety is no obligations under this Bond,except to participate in coaferences as provided in partigmph obligated without duplication for: 3.1. 6.I. The responsibilities of the CONTRACTOR for correction of defective 3. If there is no OWNER Default,the Surety's obligation under this Bond shall arise after: Work and completion of the Contract; 3 1. The OWNER has notified the CONTRACTOR and the Surety at the 6.2. Additional legal, design professional and delay costs resulting from the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONIRACTOR's Default,and reauking from the actions or failure to act of the Surety CONTRACTOR Oehault and has requested and attempted to arrange a conference with under paragraph d;and the CONTRACTOR and the Surely to be held not later than fifteen days after receipt of such non=to discuss methods of perforating the Contact. ff the OWNER, the 63. Liquidated danarger, or if no liquidated damages are specified in the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a Contract,actual damages caused by delayed performance or non-performance cf the reasonable lime to perform the Contract,but such an agvec-merit shall not waive the CONTRACTOR. OWNER's right.if any,subsequently to declare a CONTRACTOR Dcfauk: and 3.2. 1 he OWNER has declared a CONTRACTOR Default and formally 7_ The Surety shall not be liable to the OWNER or others for obligations of the terminated the CONTRACTOR'S right to complete the Contract. Such CONTRACTOR that are unrelated to the Contract,and the Balance Of the Contract CONTRACTOR Default shall not be declared earlier than twenty days after the Price shall not be reduced or set off on account of any such unrelated obligations. No CONTRACTOR and be Surety have received retie as provided in paragraph 3.1;and right of action shall accrue on this Bond to any person ar entity other than the OWNER or its heirs,executors,administtalots,or successors. 3 3. The OWNER has agreed to pay the Balance of the Contract Price to 8. The Surety Iteteby waives notice of any change,including changes of time,to the 3.3.1. The Surety in accordance with the tent's of the Contract: Contract or to related subcontracts,purchase orders and other obligations. 3.3.2. Another contractor selected pursuant to parahaph 4.3 to 9. Any proceeding,legal or equitable-under this Bond may be instituted in any court perform the Contract. or enrnpetens jurislhctinn in the location in which the Work or;.cart of the Work is 4. `Aden the OWNER has satisfied the condition of paragraph 3, the Surety shall located and shall be instituted within two years after CONTRACTOR Default or willriu l,nm,prly stet at etc Surety's expense take one of the following actions: two years after the CONTRACTOR ceased working or within two years after the Surety refuses or Pails to perform its obligations under this Bond,whichever occurs f"rre& 4.1. Arrange for the CONTRACTOR.with consent of the OWNER,to perifonn If the provisions of this paragraph are void or prohibited by law,the minimum period of and complete the Contract;or limitation available to sureties at a defense in the jurisdiction of the suit shall be applicable. 4.2. tJudcitake rr. irelftnm hold cempl•re liar C■WCTCCI irxedr therm h its ageuls or thtoughirtdepetrderttaontractors or 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or deliver:A to the address shown on the signature page. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract fur performance and completion of the Contract, arrange for h Y. When this Bond has been furnished to con-ply with. a statutory or other legal a contract to be prepared for execution by the OWNER and Cats=tractor selected with re�`Qe nt rn the manor;where tine Connect was be performed,any provision in Ills Bond conflicting with said statutory or legal:requirement shall be deemed deleted here the Owner's concurrence, to be second with performance and payment bonds (tom and provisions conforming to such statutory or other legal requirement shalt be executed by a qualified surety equivalent to the Bonds issued on the Contract,and pay deemed incorporated herein The intent is that this Bond shall be constructed as a to the OWNER the amount of damages as described in paragraph 6 in excess of the statutory bond and not as a common law bond. Balance of the Contract Price trimmed by the OWNER resulting from the CONTRACTOR Default;or 12. finermitioss. 4.4. Waive its right to perliorn and complete,arrange for completion,or obtain a 12.1. Balance of the Contract Price: The total amount payable by the OWNER to new contractor and with reasonable promptness under the circumstances; the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received 4.4.1. After investigation,detertnine the amount for which it may be by the OWNER in settlement of insurance or other Claims for damages to which the liable to the OWNER and,as soon as practicable after the amount is detemrined,tender CONTRACTOR is entitled,reduced by all valid and proper paymenm made to or on payment therefor to the OWNER;or behalf of the CONTRACTOR under the Contract. 4.4.2. Deny liability in whole or in part and notify tits OWNER citing 12.2. Contract: The agreement between the OWNER and the CONTRACTOR reasons therefor. identified on the signature page,including all Contract Documents and changes thereto. 5. 11 the Surety does not proceed as provided in paragraph 4 with reasonable 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has promptness,the Surety shall be deemed to be in default on this Bend fifteen days after neither been remedied nor waived,to pufbrm or otherwise to comply with the terms of receipt of an additional written notice from the OWNER to the Surety demanding that the Contract the Surely perform its obligations under thls Bond,and the OWNER shall be entitled to enforce any remedy available tC the OWNER. If the Surety proceeds as provided in 12A. OWNER Default: Failure of the OWNER, Which has neither been paragraph 4.4.and the OWNER refused the payment tendered or the Surety has denied remedied or waived, to pay the CONTRACTOR as required by the Contract or to pliability, in whole or in part,without further notice the OWNER shall be entitled to perform and compleiC or comply wls the other terms chereof enforce any remedy available to the OWNER. (FOR INFORMATION ONLY--Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Engineer or other party): BB&T Insurance Services, Inc. 4400 Harding Road, Ste. 400 Nashville, TN 37202-0139 • 00610-2 II Bond No. 0164700 Payment Bond Any singular reference to Contractor,Surety,owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Addrecs): SURETY(Name and Address or Principal Place T&K Construction, LLC of Business): 235 County Rd. 1242 Berkley Insurance Company Vinemont,AL 35179 OWNER(Name and Address): 475 Steamboat Road Orange County Greenwich, CT 06830 P.O. Box 8181 Hillsborough, NC 27278 CONTRACT Date: Amount: $3,432,142.00 Three Million Four Hundred Thirty Two Thousand One Hundred Forty Two Dollars and 00/100 Description(Name and Location): Orange County MSW Landfill Closure FY13-14 BOND Date(Not earlier than Construction Contract Date): • Amount $3,432,142.00 Three Million Four Hundred Thirty Two Thousand One Hundred Forty Two Dollars and 00/100 Modifications to this Bond Form: Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Performance bond to be duly executed on its behalf by its authorized officer,agent or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp.Seal) Company: f (Corp.Seal) T&K Construction, LLC Berkley Insur .any Signatur , Signature: Name an itle: Ti T w<tie.) I/Am4,..q /�'/�,.�„tz�/ Name and i sfvid A. Bennet Attorney-in-Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: (Attach Power of Attorney) EJCDC No. 1910-28-A(1996 Edition) Originally prepared through the joint efforts of the Surety Association of America Engineers Joint Contract Documents committee,the Associated General Contractors of America, and the American Institute of Architects. 00620-1 I. The CONTRACTOR anal the Surety,jointly and severally,bind themselves, 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall their heirs, executors, administrators, Successors and assigns to the be used for the performance of the Contract and to satisfy claims,if any,under any OWNER to pay for labor, materials and equipment furnished for use in the Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting performance of the Contract,which is incorporated herein by reference. this BOND, they agree that all funds earned by the CONTR ACTOR in the performance of the Contract are dedicated to satisfy obligations of the 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR and the Surety under this Bond.subject to the OWNER's priority CONTRA('I OR: to use the funds for the completion of the Work. 2.1. Promptly makes payment, directly or indirectly, for all curie due 9. The Swety shall no be liable to the OWNER, Claimants or others for Claimants,and obligations of the CONTRACTOR that arc unrelated to the Contract. The OWNER stall not be liable for payment of any costs or expenses of any Claimant 2.2. Defends,indemnifies and holds harmless the OWNER titan all claims, under this Bond,and shall have under this Bond no obligations to make payments demands.liens or suits by any person or entity who furnished labor,nnterials or to,give notices on behalf of,or otherwise have obligations to Clainsmts mater this equipment for use in the performance of the Contract,provided the OWNER Iraq Bond. promptly notified the CONTRACTOR and the Surety(at the addresses descrbed in paragraph 12)of any claims,demands,liens or suits and tendered defense of such 10. The Surety hereby waives notice of any change,including changes of time,to claims,de-mencla,liens or suits to the CONTRACTOR and the Surety.and provided the Contract or to related Subcontracts,purchase orders and other obligations. there is no OWNhK Default. ?1. No suit or action shall be commenced by a Cl airrrsnt wider this Bend other than 3. With respect to Claimants, this obligation shalt be null and void if the in a coed of tompetenr jurisdiction in the location in which the Work or part of the CONTRACTOR pnanpty makes payment,directly or indirectly,for all sums due. Work is located or after the expiration of one year from the date(1)on which the Claimant gave notice required by paragraph 4.1 or paragraph 42.3. or(2)on 4. The Surety shalt have no obligation to Claimants under this Bond until: which the last labor or service was performed by anyone or the last materials or equipment were Ramished by anyone under the Construction Contract,whichever of 4.1. Claimants who are employed by OF leave It direct carnraCt with the (I)or(2)first occurs. If the provisions of this paragraph are void or prohibited by CONTRACTOR lave given notice to the Surety (at the addresses described in haw, the minimum period taf limitation available to sureties as a defense in the paragraph 12)and sent a copy,or notice thereof,to the OWNER,stating that a jurisdiction of the suit shall be applicable. claim is being made uraicr this Rend and,with sul stantial accuracy,the amount of the claim. 12. Notice to the Surety,the OWNER or the CONTRACTOR shell be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by 4.2. Claimants who do not have a direct contract with the CONTRACTOR: Surety, the OWNER or the CONTRACTOR, however aeoornplished, shall be sufficient compliance as of the date received at the address shown on the signature t. Have furnished written notice to the CONTRACTOR and pale, sera a copy, car notice thereof,to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the chum 13. When this Bond has been furnished to comply with a statutory or other legal stating,with substantial accuracy,the amount of the claim and the name of the party requirement in the location where the Contract was tte be performed,any provision to whom the materials were furnished or supplied or for whom the labor was done in this Band conflicting,with said statutory or legal requitement shall be deemed or performed;and deleted hcreftom and provisions conforming to such statutory or other legal requirement shalt be deemed incorporated herein. The intent is,that this Bond shall 2 Have either received a rejection in whole or in part from the be construed as a statutory Bond and not as a common law bond. CONTRACTOR,or riot received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had 14 Upon request of any person or entity appearing to be a potential beneficial), indicated the claim will be paid directly or indirectly;and of this Bond,the CONTRACTOR shall promptly furnish a copy of this Bond or shalt permit a copy to be made_ 3. Not having been paid within the above 30 days,have sent a written notice to the Surety and sent a copy,or notice thereof to the OWNER, 15. DEFINITIONS stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 15.1, Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to varnish labor, 5, If a notice required by paragraph 4 is given by the OWNER to the materials or equipment for use in the performance of the Contract. 'Ilse intent of CONTRACTOR or to the Scatty,that is sufficient compliance. this Bond shall be to include without limitation in the terms"labor,materials or equipment" that pun of water, gm. power, light, beat, nil. gasoline, telephone 6. When the Claimant has satisfied the conditions of paragraph 4,the Surety shall service or rental equipment used in the Contract architectural and engineering promptly and at the Surety's expense take the following actions: services required for performance of the Work of the CONTRACTOR, and the CONTRACTOR'S Subcontractors,and all other Items for which a mechanic's lien 6.l. Send)an answer to the Claimant,with in copy to the OWNER.within 45 may be asserted in the jurisdiction where the hahar,uatteriats or equipment were days after receipt of the claim.stating the amounts that are undisputed and the basis furnished. for challenging any amounts that are disputed. 15.2. Contract: The agreement between the OWNER. and the 6.2. Pay or arrange for payment of any undisputed amounts. CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 7. Tie Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shalt be credited for any payments made in good faith by the 15.3. OWNER. Defauh: Failure of the OWNER, which has neither been Surety. remedied nor waived,to pay the CONTRACTOR as required by the Contract nr to perform and complete or comply with the other terms thereof. I (FOR INFORMATION ONLY--Name,Address and Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE(Engineer or other panty): • BB&T Insurance Services, Inc. 00620-2 4400 Harding Road, Ste.400 Nashville,TN 37202-0139 , No. BI-138a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Fred Fisher, David A. Bennett, Angela Boie, Joanna Yarbrough, Mason Pope or Andrea M. Leach of BB&T Cooper, Love, Jackson, Thorton & Harwell of Nashville, TN its true ▪ and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, .2 without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following 2 resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: - RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief :Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant ▪ y Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein • to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the • corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further p �...Y RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the H manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further • J RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any • = power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or ti other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as ▪ though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any = person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caur d/these presents to be signed and attested by its appropriate officers and its s corporate seal hereunto affixed this j day of OC e( ,2013. o Attest: Berkley Insurance Company 7: (Seal) By ��II By Ira . L derman Je :� -. Halter s Senior Vice President&Secretary Se i - President • WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) = ) s s: COUNTY OF FAIRFIELD ) /-/ s Sworn to before me, a Notary Public in the State of Connecticut,this II day of DCkl Q j� , 2013, by Ira S. Lederman and m Jeffrey M.Hafter who are sworn to me to be the Senior Vice President and Secret,;and t e Seni. Vice Pr sident,respectively, of Berkley Insurance Company. Air/ z• COREY otary Public,State of C)n Icticut NOTARY PUBUC CONNECTICUT CERTIFICATE MY iMISSION EXPIRES OCTOBER 31,2017 z I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded 5 =and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this day of �� (Seal) `I A Instructions for Inquiries and Notices Under the Bond Attached to This Power 13erlaey Sureh Croup is the affiliated unclerwrilintg manager for the surety business of: Acadia Insurance Company, Berkley l'usuranee Company, Berkley Regional insurance Company, ( orollnit Casualty Insurance (:outpail■, Union Standard Insurance Company, Continental \\e' tern insaai ance Compan■, and Union Insurance Con)pan' . To serify the authenticity of the hood, please call (866) 768-3534 or email BSGInquiry;a lterkley urety.com 1n■ written notices, inquiries, claims or demands to the sure!) on the bond to which this Rider is attached should he directed to: Berkley Surety Group 412 lloiint Kemhle :Asenne Suite 310\ \lorristos n, .\J 07960 \ttention: Surety Claim; Department Or email 13SGClaintra hi^rlaessureo.con) Please include tsith all notices the bond ounther and the 113111e of the principal on the bond, Where a claim is being asserted. please set forth generally the basis of the claim. In the case of a pa\meat or performance honed, please identil;■ the project to which the band pertains. Client#:929549 22TKCON ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/17/2014 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). PRODUCER CONTACT BB&T-Cooper,Love,Jackson, PHMNE Thornton&Harwell (A/c�No,Ext):615 292-9000 FAX No): 8777677417 E-MAIL PO Box 139 ADDRESS: Nashville,TN 37202-0139 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:Amerisure Insurance Company 19488 T&K Construction LLC INSURER c:Westchester Surplus Lines Insur 10172 235 County Road 1242 rp Vinemont,AL 35179 INSURER D: INSURER E: INSURER F: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYI) LIMITS A GENERAL LIABILITY X X CPP3658706 03/23/2014 03/23/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY IRRAMin REoNcTgence) $500,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X PD Ded:500 PERSONAL&ADV INJURY $1,000,000 X "XUC included" GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —1 POLICY X ECT LOC A AUTOMOBILE LIABILITY X X CPP3658706 03/23/2014 03/23/2015 Es acciden SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR X X CPP3658706 03/23/2014 03/23/2015 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X WC207415403 01/01/2014 01/01/2015 X TORYLI I OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITT S FR OFFICER/MEMBER PROPRIETOR/PARTNER/EXECUTIVE ECUTIVE y N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution G27431550001 03/23/2014 03/23/2015 Limit: Liability $2,000,000 A Property Floater CPP3658706 03/23//201 03/23/2015 $1,500,000 any one job DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) RE:Orange County MSW Landfill Closure Project#350207-142839-018 Orange County,the Designer,the Designers Counsultants and the Construction Mangager are named as additional insured as per written contract,such insurance shall be primary&non-contributory per written contract.A waiver of subrogation applies in favor of Orange County. All insurance policies shall contain 30 days cancellation notice,or any material change in any of the above policies shall be mail to the owner. North Carolina is a covered state on the Work Comp Policy. CERTIFICATE HOLDER CANCELLATION ANY OF Orange County THE SHOULD EXPIRATION DATTE V THE DESCR EOFE NOTICE POLICIES WIBLL CBE CDELIVERED O NE P.O.Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD PAH #S12208836/M12034766