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2015-118 AMS - Muter Construction LLC for Cedar Grove Community Center Roof Replacement
P19F WA J�1715 [Departmental Use Only] TITLE Cedar Grove Roof Replacement FY 2015 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION AGREEMENT OVER$250,000.00 THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 1 st day of December, 2014, by and between Muter 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 "County,""Orange County,"or"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 and incorporated General Conditions attached as Exhibit 1. 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 5`h Wall Building Diagnostics Consultants (Sheet 1.01 through 1.05 dated September,2014) b. Written specifications prepared by the Designer. c. Bid number 367-296 proposal dated November 13,2014 which fully describes the work to be performed,such work(hereinafter called the"Work"). Revised 10/14 1 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 April 15,2015. 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 10/14 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. S. 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 four hundred forty five thousand six hundred sixty dollars Dollars ($445,660). 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 5h Wall Building Diagnostics Consultants 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(2V2%). Revised 10/14 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 Rinds. 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 10114 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 Muter Construction,LLC Attn: Jeffrey Thompson Attn:John Muter,President P.O.Box 8181 100 N Arendell Avenue Hillsborough,NC 27278 Zebulon,NC 27597 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. Revised 10114 5 (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 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 or General Conditions shall be declared invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 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 other counterparts,be deemed an original contract. ORANGE COUNTY: CONTRACTOR: Earl McKee,Chair John Muter esident Orange County Board of Commissioners Printed N and Title Revised 10/14 7 th W -A--4� rSn.7ic5 r✓gKbui._ m4T5 November 14,2014 David Cannell Office of the Purchasing Agent of the Financial Services Department PO Box 8181 (LISPS) 131 West Margaret Lane Hillsborough,North Carolina 27278, RE: Roof Replacement Cedar Grove Community Center Hillsborough,North Carolina 5thWall Job No. 12-58 Dear Mr.Cannell: Bids for the referenced project were received November 13, 2014 from four contractors as listed below. Bids are summarized on the attached Analysis. Contractor Total Bid Muter Construction $445,660 Zebulon,NC Owens Roofing,Inc $532,600 Raleigh,NC Hamlin Roofing Company $589,920 Garner,NC Peach State Roofing Company $789,200 Raleigh,NC We have reviewed bids and have the following comments. Muter Construction • No comment—the proposal is in order. 9601 Baileywick Rd•Raleigh,NC 27615 www.5thwallbdo.com 919/616-4715 David Cannell Cedar Grove Community Center 5thWall Project No. 14-112 November 14,2014 Page 2 Owens Roofing,Inc • Addendum Acknowledgement forms not included with proposal. Hamlin Roofing Company • Addendum Acknowledgement forms not included with proposal. Peach State Roofing Company • No scores noted on Affidavit A of the MBD form. • Peach State indicated that it had received an OSHA citation within the past two years but did not provide a copy of the citation as required. With regard to the noted discrepancies, it is our opinion that all are minor in nature and should not affect the bid process or award of contract. Based upon our review,it appears that Muter Construction,LLC has submitted the lowest responsive bid. It is our recommendation that the project proceed and that contract award be made accordingly. Please advise of your concurrence with our recommendation at your earliest opportunity. We will advise the contractor accordingly. Should you have any questions please contact our office at your convenience. Should you have any questions please contact our office at your convenience. Sincerely, SthWa11 Building Diagnostics Consultants Jeffrey L. Spady,RRC enc 9601 Baileywick Rd•Raleigh,NC 27615 www.5thwallbdc.com 919/616-4715 Roof Replacement Bid Analysis Cedar Grove Community Center Bids Received: November 13, 2014 Hillsborough, NC 3:00 5thWall Job No.14-112 p.m. Contractor Muter Construction Owens Roofing Hamlin Roofing Peach State Roofing License No. 73095 24442 5855 40751 Bid Bond Yes Yes Yes Yes Addenda 2 2 2 2 MBE Forms Yes Yes Yes Yes Contractor Safety Record Info. Yes Yes Yes Yes E-Verify Form Yes Yes Yes Yes General Items A. Bonds/Insurance $ 11,000 $ 26,500.00 $ 20,000 $ 2,000 B. Mobilization $ 6,500 $ 4,000.00 $ 1,000 $ 5,100 C. Warranty $ 4,800 $ 1,500.00 $ 5,000 $ 4,800 i Subtotal $ 22,300 $ 32,000 $ 26,000 $ 11,900 Work items A. Demolition $ 69,560 $ 65,000 $ 79,800 $ 50,000 B. Remove/replace wood Allowance $ 500 $ 500 $ 500 $ 500 Bd. Ft. $ 1.00 $ 1.00. $ 5.00 $ 2.00 C. Tuckpointing Allowance-100 Ln. Ft. Ln. Ft. $ 3.00 $ 300 $28.00 $ 2,800 $ 15.00 $ 1,500 $ 30.00 $ 3,000 D. New Wood $ 5,000 $ 3,000.00 $ 12,000 $ 2,800 E. Membrane underlayment $ 60,000 $ 34,000.00 $ 36,481 $ 88,000 F. Insulation $ 190,000 $ 184,800.00 $ 119,632 $ 274,000 G. Membrane $ 50,000 $151,200.00 $ 240,000 $ 252,200 H. Sheet Metal $ 44,000 $ 53,000.00 $ 65,500 $ 92,000 I. Skylights $ 2,000 $ 1,500.00 $ 4,000 $ 4,800 J. Other items $ 2,000 $ 4,800.00 $ 4,507 $ 10,000 Subtotal $ 423,360 $500,600.00 $ 563,920 $ 777,300 Total Price $ 445,660 $532,600.00 $ 589,920 $ 789,200 ........ ... ............ .. ._..... MUTER-1 OP ID:TI ' CERTIFICATE OF LIABILITY INSURANCE IY DATE(MM/DDYYY) 01/13/2015 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 endorsements). PRODUCER CONTACT Senn Dunn-GSO NAME: Lindsa C.Frazier,CISR 3625 N.Elm St aCCC, ,d:336-272-7161 FAX No): 336-514-9416 Greensboro,NC 27455 E-MAIL ADD Pressley A-Ridgill,Jr. s:ifrazier senndunn.COm INSURERS AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Co. 10677 INSURED Muter Construction,LLC - INSURER B:Hanover Insurance Group John Muter 100 N.Arendell Ave INSURER C: Zebulon,NC 27597 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. IL7RR TYPE OF INSURANCE L 5 B POLICY NUMBER MM/DD EFF fNMIDCD EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY ENP 0222614 0110812015 01/08/2016 PRREM SES Ea occurrence $ 100,00 CLAIMS-MADE I—XI OCCUR MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 A X ANY AUTO ENP 0222614 01/0812015 01/0812016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ rAUTOS PER ACCIDEN X UMBRELLALJAB X OCCUR EACH OCCURRENCE $ 5,000,00 A EXCESS LIAB CLAIMS-MADE ENP 0222614 01/08/2015 01/0812016 AGGREGATE $ 5,000,00 DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN L A ANY PROPRIETOR/PARTNER/EXECUTIVE F—] WC 2137567 0110812015 01108/2016 E. EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 B Leased/Rented IH6-A096902-01 09103/2014 09/0312015 Limit 150,00 Equipment Ded 2,50 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Cedar Grove Community Center-Roof Replacement Orange County is additional insured with respects to General Liability arising from the operations of the Named Insured as required with written contract. 30 days prior written notice of cancellation except 10 day nonpayment of premium is required to the certificate holder. CERTIFICATE HOLDER CANCELLATION ORANG16 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 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Policy#ENP0222614 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages tied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION If-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2. Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- "suit"irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured,provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod-,and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence"or offense Subparagraph a. of Paragraph 4. is to which this insurance hereby deleted and replaced by the fol- would apply;and lowing: (b) They are not specifically a. Insurance under this provision is of named as an additional in- p sured under any other pro- forded only until the 180th day after vision of, or endorsement You acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; 8. Waiver of Subrogation (2) oorganizationsoarregadditional in- SECTION IV-COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or "your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence"giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request, the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission, Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises, chemical change 2) Structural alterations, in the product made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, U11- half of such additional less unpacked insured. solely for the pur- (b) Any person or organization pose of inspection, demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s)or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires, normally under- (c) Any person or organization takes to make in (referred to below as ven the usual course of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of "your products"which staliation, senric- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily injury" or g) Products which, "property damage" after distribution or for which the ven- sale by you, have been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient ity in on of lct or of any other thing ae a contract s or substance by or agreement. This exclusion does not for the vendor. apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: Bence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products;or jury", "property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the ing out of operations "products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products, but only with respect to li- d Any state or political subdi ability arising out of "your ( ) p work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision.- of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for PIGS, cellar entrances, that insured are completed. coal holes, driveways, (3) Any insurance provided to an manholes, marquees, hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators;or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e)and(f)does not apply to elevators covered by bodily injury", property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1} Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured;or policy issued to the addi- 2) The rendering of, or tional insured, and such failure to render, any other insurance policy shall Professional architec- be excess and/or noncon- tural, engineering or tributing, whichever applies, surveying services, in- with this insurance. cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be approving or fail- primary to other insurance ing to prepare or available to the additional approve maps, insured except: shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5.Other and specifications; Insurance, b. Excess and Insurance;or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3) "Your work" for which a additional insured by consolidated (wrap-up) attachment of an en- insurance program has dorsement to another been provided by the insurance policy that is primecontractor-project written on an excess manager or owner of basis. In such case, the construction project the coverage provided in which you are in- under this endorse. volved. ment shall also be ex- cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: Nparagraph (f) above, SECTION III - MITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f)above only: Part,whichever are less. If no limits are specified in the written contract If a written contract or or agreement,or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in sura provided Services Of- addition to the limits of insurance flee additional insured Of- shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include; or (a) Where required by a written c. Include coverage for contract or agreement, this your work"; insurance is primary and ! and where the limits or cov- erage noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 �1 OP ID: L1 ACORL7" DATE(MM/DD/YYYY) EVIDENCE OF PROPERTY INSURANCE 11/18/2014 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE -272-7161 COMPANY Senn Dunn-GSO A/C No Ell: Hanove r r Insurance Group 3625 N. Elm St 13840 Ballantyne Corporate PI Greensboro, NC 27455 Charlotte, NC 28277 Russ B.Bell,CIC FAX C No 336-346-1397 ADDRESS: CODE: 3002644 SUB CODE: AGENCY MUTER-1 CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER IIH6-AO96902-01 Muter Construction,LLC EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL John Muter 09/03/14 09/03/15 TERMINATED IF CHECKED 100 N.Arendell Ave THIS REPLACES PRIOR EVIDENCE DATED: Zebulon, NC 27597 PROPERTY INFORMATION LOCATION/DESCRIPTION Cedar Grove Community Center 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk/All Risk/Replacement Cost 445,660 1,00 REMARKS(including Special Conditions CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# Orange County PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 ACORD 27(2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.0627550 AIA Document M12 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Muter Construction, LLC International Fidelity Insurance Company 100 N.Arendell Avenue One Newark Center Zebulon, NC 27597 Newark, NJ 07102-5207 OWNER (Name and Address): Orange County PO Box 8181 Hillsborough, NC 27278 CONSTRUCTION CONTRACT Date: December 1, 2014 Amount: ($445,660.00 ) Four Hundred Forty Five Thousand Six Hundred Sixty Dollars and 00/100 Description (Name and Ldcation):Roof Replacement Cedar Grove Community Center, Hillsborough, NC BOND Date (Not earlier than Construction Contract Date): January 16, 2015 Amount: ($445,660.00 ) Four Hundred Forty Five Thousand Six Hundred Sixty Dollars and 00/100 Modifications to this Bond: ® None O See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Se 1) Muter Constru LLC International id li In up n Signature: Si nature: G�� ' U Sig Name and Title- ' 54NON Mk�>t QlrcG',&^1 Name and Title: Ang .Yount Attorney-in-Fact 1804 (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Rutherfoord A Marsh&McLennan Agency LLC Company other party): 6230 Fairview Road, Suite 230 5th Wall Building Diagnostics Consultants Charlotte, NC 28210 704-367-3471 Raleigh, NC AU DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 THIRD PRINTING•MARCH 1987 I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors. administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Derry liability in whole or in part and notify the 2 if the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obtigation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond,and the Owner shall be entitled to enforce ra h any Surety at its address described in Para 1U below remedy available to the Owner. tf the Surety proceeds as Paragraph provided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor tendered or the Surety has denied iiabilit Default and has requested and attempted to arrange a payment }ll `e conference with the Contractor and the Surety to be `'`'hole or in part,without further notice the Owner shall be held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner. notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason• elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.To the limit of the formally terminated the Contractors right to Complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of dared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- Contract Price to the Surety in accordance with the tion of defective work and completion of the Construc- terms of the Construction Contract or to a contractor lion Contract; selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner_ costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety graph 3,the Surety shall promptly and at the Surety's ex under Paragraph 4; and pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- Owner, to perform and complete the Construction ages caused by delayed performance or non-perfor- Contract; or mance of the Contractor. 4.2 Undertake to perform and complete the Construc- 7 The Surety shall not be liable to the Owner or others for tion Contract itself,through its agents or through inde- obligations of the Contractor that are unrelated to the Con- pendent contractors; or struction Contract, and the Balance of the Contract Price shalt not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. too right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor $ The Surety hereby waives notice of any change, includ- selected with the Owner's concurrence, to be secured ing changes of time, to the Construction Contract or to with performance and payment bonds executed by a related subcontracts, purchase orders and other obliga- qualified surety equivalent to the bonds issued on the tions. Construction Contract, and pay to the Owner the g Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4,4 Waive its right to perform and complete,arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail- AIA OOCUMEN•r A312- PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1464 ED. -AIA k THE AMERICAN!INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE.,N.W.,WASHINGTON, D.C.20006 A312.1994 2 THIRD PluNTINC•MARCH 1997 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig. duced by all valid and proper payments made to or on nature page. behalf of the Contractor under the Construction Con- tract. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where 12.2 Construction Contract:The agreement between the Owner and the Contractor identified on the the construction was to be performed,any provision in this nd Bond conflicting with said statutory or legal requirement nature page, including all Contract Documents and changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price:The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED. -AIA 8 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C. 20006 A312.1984 3 THIRD PRINTING•MARCH 1987 i THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 0627550 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Muter Construction, LLC International Fidelity Insurance Company 100 N.Arendell Avenue One Newark Center Zebulon, NC 27597 Newark, NJ 07102-5207 OWNER (Name and Address): Orange County PO Box 8181 Hillsborough, NC 27278 CONSTRUCTION CONTRACT Date: December 1, 2014 Amount: ($445,660.00 } Four Hundred Forty Five Thousand Six Hundred Sixty Dollars and 00/100 Description (Name and Location): Roof Replacement Cedar Grove Community Center,Hillsborough,NC BOND Date (Not earlier than Construction Contract Date): January 16, 2015 Amount: ($ 445,660.00 ) Four Hundred Forty Five Thousand Six Hundred Sixty Dollars and 00/100 Modifications to this Bond: ❑ None L] See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corp a eat} Muter Construction International$idlrii I n ur a t1y! Signature: Signature: lsoa Name and Title: non �Mv►'�ii' PfeS Name and Title: Ang M.Yount s� o r Attorney-in-Fact l�Yl + lam (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Rutherfoord A Marsh&McLennan Agency LLC Company other party): 6230 Fairview Road, Suite 230 5th Wall Building Diagnostics Consultants Charlotte, NC 28210 704-367-3471 Raleigh, NC AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED. -AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING•MARCH 1987 1 the Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants. and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy Claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to.give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim, including changes of time,to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the 2 Have either received a rejection in whale or provisions of this Paragraph are void or prohibited by law, in pan from the Contractor,or not received the minimum period of limitation available to sureties as a within 30 days of furnishing the above no defense in the jurisdiction of the suit shall be applicable. tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days. have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or le-gal requirement S If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 5984 ED.•AIAS THE AMERICAN INSTITUTE OP ARCHITECTS.1735 NEW YORK AVE..N W.WASIIINCTCN.D.C.20006 A312.1984 S THIRD PRINTING•MARCH 1997 Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the Contractor and the,Contractor's subcontractors,and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 1SA Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 1S.3 Owner Default:Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay fhe Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 1.Amend parvgmphs 4.1 and 4.2.3 dealing with notice to the suety by adding at the ena of each paragraph"and furnished to surety an explanation of the claim and copies of documents on which the Claimant relies to support the claim." 2.Amend paragraph 5 by changing"or"to"and"so it reads: 5.If a notice required by paragraph 4 is given by the Owner to the Contractor and to the Surety,that is sufficient compliance. 3. Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6.When the Claimant has satisfied the conditions of paragraph 4 and has submitted any additional supporting documentation,and any sworn proof of claim,requested by the Surety,the Surety shall,within a reasonable period of time,which shall not be less than 45 days,respond to the Claimant and offer to pay or arrange for payment of any undisputed amount;provided,however,that the failure of the Surety to fully and/or timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or part of a claim shall not be deemed an admission of liability by the Surety or otherwise constitute a waiver of any rights or defenses the Contractor and/or Surety may have-or acquire as to such claim,including,without limitation,any right to dispute such claim. In no event shall the Surety's liability to any Claimant under this Bond exceed the sum properly due such claimant. (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: MA DOCUMENT A372•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1981 ED.•AIA is THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING-MARCH 1907 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint Angela M. Yount as attorney-in-fact to execute the following bond: Surety Bond Number: 0627550 Principal: Muter Construction, LLC Obligee:Orange County and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February,1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attomey-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April,1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Y!H IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be Q R4 �'s signed and its corporate seal to be affixed by its authorized officer,this 12th day of March,2012. SEAL m COMPANY INTERNATIONAL FIDELITY INSURANCE �q STATE OF NEW JERSEY J a County of Essex Gay Robert W.Minster,Executive Vice-President On this 12'"day of March,2012.,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duty sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, F1 at the City of Newark,New Jersey the day and year first above written. NOTARY �P MAQG�� O * PUBLIC ��y dg A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov.21,2015 CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 16th day of January, 2015 Assistant Secretary SurePath 08/13