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2015-173-E AMS - Racanelli Construction South, Inc. for Cedar Grove Community Center Construction $2,311,900
DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 [Departmental Use Only] TITLE Cedar Grove Community Ctr FY FY2014-15 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 17th day of March, 2015, by and between Racanelli Construction South, Inc., (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 MBAJ Architecture, PA, including the base bid condition, Alternate 1, Alternate 2, Alternate 3, and Alternate 4. All references within the documents to the name Boomerang Design refer to MBAJ Architecture, PA (Sheet sets (totaling 60 sheetes): G101-103; Survey Sheet; C0.0-C6.5; A041-A604; I801, 5101-S102; P001-P201; M001-M403; E001-E601 dated November 11, 2014, along with Addendum #1 dated January 29, 2015 Addendum#2 dated February 6,2015, and Addendum#3 dated February 12,2015.) Revised 10/14 1 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 b. Written specifications prepared by the Designer. c. Racanelli Construction South, Inc.proposal dated February 19, 2015 which fully describes the work to be performed, such work(hereinafter called the "Work"). d. Related documents listed under Section 2 above. 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed. b. The Contractor agrees to complete substantially all Work included by January 16, 2016. 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 Revised 10/14 2 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 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. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as specifically set forth in the Contract Documents the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. h. The Contractor shall appoint a competent Project Manager with general authority to manage the Project for the Contractor. The Contractor shall also keep on the Project at all times during the Work of the Contractor a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Designer or by the Owner if a Designer is not retained for the Project. i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer. j. The Contractor shall attend all progress conferences and all other meetings or conferences. The Contractor shall be represented at these progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without approval or written permission of the Owner and/or Designer shall be removed and replaced at Contractor's expense. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Two Million Three Hundred Eleven Thousand Nine Hundred Dollars ($2,311,900). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the Designer if a Designer is retained on the Work, a Request for Payment for work done during the previous calendar month. (i) The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at Orange County, PO Box 8181, Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. (ii) The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%) (the "Retainage"). Revised 10/14 3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 (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%). (2) Upon Owner's Representative's certification that ninety percent (90%) of the Work has been satisfactorily completed Retainage may be discontinued. Retainage may be discontinued, at Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. (iii) Final payment shall not be due to the Contractor until thirty (30) days after Final Completion of the Work, including punch list work, has been satisfactorily completed and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. (i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. (ii) This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. NON—APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. Revised 10/14 4 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 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: Owner: Contractor: Orange County Racanelli Construction South,Inc. Attn: Jeff Thompson 1001 Pemberton Road, Suite 202 P.O.Box 8181 Apex,NC 27502 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 parry 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 Revised 10/14 5 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 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 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 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 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: DocuSigned by: DocuSigned by: E� Hek", $OCC Cam. �{c(AAAS �. �AcAAn,t,(.l,i By. 84288 By. �25P E95FGbgC443... Earl McKee, Chair Nicholas Racanelli, President Orange County Board of Commissioners Printed Name and Title Revised 10/14 7 PROJECT: Cedar Grove Community Center COMM NO: 1315 S P +' FILE NO: B-8.1 -.,,� BID DATE: February 19,2015 BID DUE: 2:00 p.m. boomerang BID LOCATION: Orange County D e s ' G N rethink,rMpurpose,results ✓\ 131 West Margaret Lane,Room 004 4 Hillsborough,NC BID TABULATION SHEET-SINGLE PRIME CONTRACTOR-COMBINED BID BID Addenda Safety CONTRACTOR LIC# BIND 1 2 3 MBE E-Verify Record BASEBID ALT ALT ALT ALT Bordeaux Construction Co 9266-U ✓ ✓ ✓ ✓ ✓ ✓ ✓ $2,505,000 $0 $15,000 $11,230 $132,700 Burney&Biirney,ConstrucUOn Co;Inc ; 30238 ✓ ✓ ✓ ✓ ✓ ✓ ✓ $3'000;000 $10,000. $135000 D.W.Ward Construction Company,Inc 7244 ✓ ✓ V1✓ ✓ ✓ ✓ $2,359,962 $0 $15,000 $7,900 $119,020 HM Kern Corp 8542"? ✓ ✓✓ ✓ ,/ ✓ ✓ $2;266,000;': $0 $14;100 $6,800` $116,600—': Kenbridge Construction Co Inc ✓4512 ✓ ✓ ✓ I/ I/ 1/ 00 $2,394,000 $0 $28, 0 $6,600 $120,000 Muter Construction„LLC.:: 73095...._ ✓ ✓: ✓✓ ✓ ✓ :; ✓ $2695,321 ;$25,000 $30000 :'$15;000- $175;000;- Racanelli Construction South,Inc. 69432 ✓ /1✓ ✓ ✓ ✓ ✓ $2,175,000 $0 $16,000 $5,900 $115,000 Resolute Building Company 14397 ” ✓. ✓ ✓.✓ ✓ ':: ✓ ✓ $2;319,300 $0 $18;600. -$67;000; - $156,000 IS&S Building and Development LLC 61690 ✓ ✓ ✓ ✓ ✓ ✓ ✓ $2,630,499 $0 $33,800 $13,400 $159,200 1W-C-Construction 635571 ✓ ✓ ✓ ✓ ✓ .< ✓„ ✓ $2;328,128 0 27;000 8,000., -,;117500.' Alternate 1:Preferred brand mechyanical equipment by Mitsubishi Confirmation Bid Tabulation Sheet M Alternate 2:Site improvements Boomerang Design 0w Alternate 3:New doors and hardware in storage wings LO Alternate 4:New windows in storage wings -' 9248 = _ -20 fie: �YCAR.` W irll tt v M Lo LO U C3 W 0 uo M LL N N Q O N C W P-\Projects\1315-Northern Human Svcs Ctr\B\B8.1 Bid Tabs\1315-Cedar Grove Community Center-Bid Tabs.xisx c w U) U 0 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I DOCUMENT 00 4213 BID FORM—SINGLE�P,R,,IIM.�E.,(ALL TRADES)CONTRACT Cedar Grove Community Center Renovation Bidder&Ue l! 6�y�Pt 50A, t ". Orange County,Hillsborough,North Carolina BASE BID,SINGLE-PRIME(ALL TRADES)CONTRACT The undersigned Bidder, having carefully examined the Bidding Requirements, Agreement, Conditions of the Contract, Drawings, Specifications, and all sdbsequent Addenda as prepared by Boomerang Design, having visited the site,and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material,labor, equipment and services, including all scheduled Allowances,necessary to complete the construction of: Single-Prime(all trades)Contract for the above-named project,in accordance with the Contract Documents prepared by Boomerang Design,for the sum of •b�{ � ��� 1 U�'I'"f/Wt�`—Dollars($.<;�?�.f.� BID GUARANTEE The undersigned Bidder agrees to execute a contract for this Work in the above amount and to furnish surety as specified within 10 days after Notice of Award, if offered within 60 days after receipt of bids,and upon failure to do so agrees to forfeit to the Owner the attached cash,cashier's check, certified check, U.S.money order,or bid bond,as liquidated damages for such fai re,in the amount of: id btaC Dollars($ a M-L e state amount con ting fiv percent(5%) of the Base Bid amount above; otherwise the cash,cashier s the ,certified check,U.S.money order,or bid bond shall be returned to the undersigned. SUBCONTRACTS Following are subcontractors selected to perform the three major subdivisions of the Work as described in G.S.143-128(a): Com-pla-nyy-Name License Number Plumbing Work t t J I 1 Bid: r �n�f7G(� 6VIL Dollars i HVAC Work Bid; ti I�t D To ) Electrical Work All Bid: �l 'J�.tib(�fi1—�lY i� ollars($ �! t✓ .d� The following companies shall execute subcontracts for the portions of the Work indicated: /I,►Company Name Casework Equipment TIME OF COMPLETION The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract Documents on a date specified in a written Notice to Proceed to be issued by the Architect and shall fully complete all work for the project as a whole and for each phase of the project as indicated within the time indicated in the General Conditions. Applicable liquidated direct damages shall be as stated in the General Conditions. ©BOOMERANG DESIGN#1315 004213-1 Cedar Grove Community Center Orange County 11/11/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i DOCUMENT 00 42 13 1310 FORM—SINGLE PRIME(ALL TRADES)CONTRACT ACKNOWLEDGEMENT OF ADDENDA The undersigned Bidder acknowledges the receipt of and use of the following Addenda in the preparation of this Bid: Addendum No. 1,dated 61:i Addendum No,2,dated 02- � Addendum No,3,dated BID SUPPLEMENTS Attached to this Bid Form and incorporated herein are the following documents,completed in full by the undersigned: Bid Form Supplement-Minority Business Participation-Affidavit of Good Faith Effort Bid Form Supplement-Allowances Bid Form Supplement-Alternates Bid Form Supplement-Unit Prices Bid Form Supplement-Bid Security Bid Form Supplement-E-Verify Affidavit CONTRACTOR'S LICENSE The undersigned further states that he is a duly licensed Contractor,for the type of work proposed,in the State of North Carolina,and that all fees,permits,etc.,pursuant to the submission of this proposal have been paid in full. SUBMISSION OF BID Respectfully submitted this day of 20� By: �C '�tY4fC ►�OYI�jD (Na 5b ding fi or lion) Witness: By: j (Signature) (Type or paint name) j Title: artnedPresident/Vice Pres.) ,�re Ls.)t /) Attest: Address: Ito P�KXi'TOY► ilt fW, 'rite: Phone: IM (Corpo ate Secretary or Assistant cretary Only) Fax License: Federal ID No.: �' r<� `!1'✓ (Affix Corporate Seal Here) END OF DOCUMENT 00 4213 w Q1300MERANG DESIGN#1316 004213-2 Cedar Grove Community Center Orange County 11/11/14 i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 BID SUPPLEMENT 00.4313 FORM OF BID BOND FORM OF t31p BOND KNO'iV AL*L MEN gl'T.461E.PRES5NTS THAT Radanell.i Cbne.truct*16 n.south, Imo: ]U01 Pemberton Hd11 .Road;. Ste. -46 A ex; 4:2?so4 as.pdncipal,and Arch;:ii#surarige COFnpp;ariYy Three PaxkoaY iLEe"1$06, Phi�e�leiphia, PA"L97 p2 as surety, who fs duly licena d 1000:as sty;{et ,ti1':tJq►Nti° rolln.4i are:tier Grid:firrii}p hdund unln Qrange spun, throw h ss obligee,in the penal tY n surri' :.poh ;:o .:.pi :..:._ DC} awful money of the Uhildd.State$of ArtieriG�I;far:.the;payriterit:gf vvtrlcti;-*eli;and:tr ily to..be made:we bind:ourselves;our hefrs,.exacutors, admintslratrrr$ success rs:and asstgris,)ofntly a nd sever211y,firmly by these;prasents. . Sig6ed,:,sa Pied.and;dgled,this:':�'h dayo[ .i'ebruary.' 2015 WHEREAS; tha sJ.d;prrridljiel.is herewilh sttimtt(hg.propasal for..aqd the principal_tlesires ta`file this bid bond in lieu of :.:. :: r>t;3hing;tileash d :bs f szequlreda�! :+S 443,1 B: } ¢dar Gnus Gomrtntttty Cerifsp flnovr�Gln NOWR TNEREFf�Fti3� l l 11=!;O(•1t�T10N OF TFiE At30VE C?HI:I0 TIQN 1s such;that If the'piinFi al shall ba,awarded.the . co�itr4046+.0 which th .?bid is stitjinittgd;add:stall exa utQ U1e contracl:antl^,give bond for i(te:faithful perforrnapce.thereof within t days after fhe await 8i sarpp(o the prineipa[;;then ihf5 ogifgatian It:be null end Yddt;faut if the principal fads:to so;�xepute.sUab contraat; n :give rfgrrrieniip bgnci as.ra ulrad is P$.: .- q y CtkS 143.1 9'.the surety shalt.upon tleinand,fodhwith pajr:to the.oblig a tEie amQuAt.set:forth)R'.t{id:first=paragraph.hereof F rgvided further,that the:tiirt maybe irrrithtlrawmag pr iaea.by 1a - : a . ..:. ... . :..:::.:.:.. :.:.... uuh, :i �.; 8acagll EonsCi+uation:'Sa. _:.. ;......., .�'rcti Ins: a� .. co Comp: •. c . .. 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Kfit"W(s.' .1 P.r.. . he f?r e # ___ ...'it Tha a sur'n t h rc#i In c o' `'`an ` `'`o` `ration` ' a .e C.mp. y, a.c.rn.._. . grgari1.F#.:ond.Axisting:under the,laws of the State of Missotirl,'having its prinolpai .. . . administrattve offlee,fn Jersey City #Jew Jersey(hereinafter.tbtietred.to as the.,Company")does hereby appoint, r r.: _ ,.... , .:: 1 :_:: rnil ate e . C s. Ir tt .R h. s e. ,:Br w z , t. M, e. �: rtillra, qr Q . e... ,; d I : Yid ee.:Ferrucci toll".<F ch ::..c:: a Ito c rfT.lyeatsgn, usah rapsltl�`i ioq.).; �Wn�a,ridllinebntA jis ifcl ei lY( +C I) -.. _ - :. .. ,,_.... -- - :, :; °;. . #si.ue.ol cl;latiyittliAlti one S In.' tF #o.make,execute seal an ale.iy8t::lrorr#I e:daEe of.lssu ce.of.lfifs. overfo..aiid n.ita f . .. �':..:."::: .'..:::..:.....:.:..:'... ;.:._..:'.,.:.:.:,.::: .:::..a:.:::-..,...;,:.:.:,.:_......::.>...:-. ll.:.., ::...:.. ..,.:...:.:::r:: ;:A:::. behal.as .. . .. .:.:.sur t' ^a d ... ri #S: C t�.LiB # _ j: - TX. 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Ch.l) �,!� I 4y.� �, n ec ' n an'...o.h,r'.., r.o. � :. .? . d. t s ads, n "tirnce of these}``"r t r 's;; ,.1 - e, -- - -- ( e tr hat ae - ---- _ _ _ _ incr� -uprrr..te.;sa{d::Company.° *fu(!y7': ria..ehtply`'to.aQ iritenta:and uP =ash tti °same had been duty; ecutedtzend aokntiwtedged by its regularly ..lScte0 afficprs at its:principal admrn(sji4v.e office lri Jersey City,New Jersey. . .. . .. . . ..;;:;<'::;.:.:'::..e:;:::5:'. ;' :.;;r??i%ii:: is>>;: ;.:?y;; ;':__':.::•:;.',: Thfs,Pow•..r:of 1?,#tdr ipy js-.eXecuted by outhprity of T.esgl%itibrts adapted by unanimous consent.cf the Board<of olrectors,pf the,Compeny „ terfe ' ,2011, tree and aGCr #e melee cl are herotn�fker het f4 antig 1�ftlrEby eerlifaep:t4 by#h� aersi _ .:. - -- ,:.,., .. ore ul fore -: ....:.. __ ,-!; -__ 1=..-_ ha. s # 1 anff :: b fn e —_........nano- :.:::in:�'i �':, .....:.: ;4 . . .. ..r.... .. ....a_._ - - '--- VOTE ,:That;the:Ohalrman.of:fhe.9oarct,afie`Pres d.ent': r.thQ.:;f o.gptfVe.;�/ipe President, or,any Senior,Vice_Presid�nt„gf.fhe Surety ......: .:..:.::......:: :Bustnesg DiAsibn, cr their appointees designated in�vnt�ri' and filed with the Secrets or the:Secreta g , ry, ry shall tiaye'.the power aritl % awho lty to 6ppotnt aOnts and: ttorney5 in fact,grid'to:ai tliorize:fr3erri.subjent tp the limitations set`forth'in"th'elr res active owers of . : : .' ... ... .....: .. . .. ;.. aft �: ftn e,on eh-I of ttie OQ Rpu r; aKfd ,. f#:fhe seat:of the C:o #ia iy'1hei to ds, undertakings, recogi ances r # _-,-�r�$r ins obligatory e ati here+f, ar.. any such ofl s r e * aPPoint.agents for acceptance of 4. 1.- - - -_ -. . -; :_ . :,. :::.. .._. . ::,....:::, .. ::-- rt.:-..._....._..:....... : . .. .- - . -, _ .. ._.. ........... .... . . .... . t --- c . . . .. ..... - �: - ,.:::.-,::.:. .. .`:T1 fs Ppwer�of.AttorhJ5y Is:signed,sealed;°and.certified.b ..facsimile:iinder:and.b .auttiQrit .of the followin resolution ado tad b the Y Y Y P Y unenirnaus pn aril of the;Poard,of t3ireclois Af tho ompanyon..Septernb..e....,2Q11.';.....:....,--;;<: ;: :>.1*1 ..:. _ _ - -- . _ - _ =- ... - �'_;,: „ .. - ;; ;_ .i:: - -----_ _----_-_ : -_-_ - - .. i >f lr' n t faaft'e ao e .� `. s( !en {` O a u .. . h . _ -- -, PI'' d .t,0Ah6 . v _ 'f?r sideriE,of ah l i e` s` N. iri`11�(�... .. Y . ::,.: D".A-e.. n '.rlsi'rlated:;.in .. t d d - .ltyainess plyis(on;:: stap wt"lir{g!, ri filed vt2tCt the secretary;:ari � Ct fib°efC (i....... .:... ___:.,:n._.. .. . :-,:.Seeretary,.ttie:Seal of the.t;ompany;d;cetM-66tioris by`the;Secreta. !,rrt e:offlked.by acsirri'rle.pn.:any::powW.-74.... .,or bond executed, pursuant iq the.resglution:ae©pled by the Saard of Directors on septerxitier 1 , 2011, and any such power so executed,' seated and:c.....ed.with respect.to ari.y bgttd ar.undert2lt risg:;#o:.wEiich i is:attached,.shall continue to be geld: hd bipdin` upon<the .. .,. .. .. Com'an' . . ..'.. ::.:. '.:' p 'Y- - - -- - :: _ . _ --- ..'_:;_....._ - ::. .. - - -.... ..... "---_:.. : --- -- - . . ,; - r. .. -__ - .- ..-.-_....... ,. , _.._ ......... _....._ .. „ _ i,.f . «I.. .-.... .................. t . - I. :....- — _ _ : '�:,-'1 :... ..' O l DQ1�`{3_,3,03 . __: -: -: P�`e;1 Qf 2: ::',:. .`,:.:.: :: .a a.,,.. Prinfetl.'in`u�:As- t. 9 . 1., } .__.. . 7 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I i T I i AIC 0000134158 In Testimony Whereof, the Company has caused thi be affixed by their authorized s instrument to be signed and its corporate seal to officers,this 23rd day of October,2014- Arch Insurance Company ` Attested and Certified coves,€ s s °�'► David M. n e stein,Executive Vice President Patrick K.Nall$,Secretary IIt44t;i� STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS -_._ -------- ersonall known to me to be the Company, a and Executive Vice President of the Arch lnsuranearedobefore me s Helen persons n, a sect namesblared respectively as that Sec Secretary K. Nousiasubssr bed to the foregoing g instrument,apt persons whos ed that they being the duly authorized signed, sealed with the corporate seal an Corporation organized and existing under the taws of the State of Miss , this day in person and severally acknowledged ivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses an del N purposes therein set forth. NOIARMSM HELEN WAFR�6N�Y�� I`,ytOEfgad0Phir�(kia�i .Caue� � – �tonl_ 0 --- elen Szefran, tary ubli My commission expires 10103/2017 CERTIFICATION ►,Patrick K. Nails, Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated October 23, 2014 on behalf of the person(s)as listed above is a true athis certificate; lddo further certify that the rsaid lDavid MaFinkelstein who that the same has been date thereof and is In full force and effect on the date of executed the Power of Attorney as Executive Vice PcesCompanys on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch insurance an on IN TESTIMONY WHEREOF, I have'hereunto 20 hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Comp y � this_—._ day of—F.�--�-• Patrick K.Nails,Secretary power of Attorney limits the acts of those namedr and to the extent herein undertakings specifically named therein and they have This P an except in the manne Y INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: PLEASE SEND ALL CLAIM Arch Insurance–Surety Division fit11 'a 3 Parkway,Suite 1500 Philadelphia,PA 19102 ,Rr€ sru. M�id9f� Printed in U.S.A. Page 2 of 2 OOMLOO13 00 03 03 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ACKNOWLEDGEMENT OF PRINCIPAL—IF A CORPORATION } STATE.OF , :: .. ,;. S'- . COUNTY 0 . .:} . O is. .:.,.... . .day. o .., .4.��/�✓.... before me personalty appeared to be known,vir i bie �by tite duly sw o,.di epose and say;that h ?`she r ides at e : •P! • .. �., that .helsfid is. the .Cl . . .......... ... of :. ,.. :..,:,.:.. e:co tip�jr scribed_in and which executed the within insurance rPiR .;. instrutxteii; thai-held ..:#v►�ws..tieseal`p ` t;i�1:6jot#pn; that 'the seal affixed to said instrument is such corporate.:seal; that..is was,86,4T xed`$y ctors of said corpgratiion; and that he/she signed his/her'name thereto by like order, 0 TA..p : v?7� U.BL.I AGtCtVdW1iF.DGrEIN:T FEIAI;',.IF:LiMITED.LtABtLI7Y COMPANY S PATE OF:..•. ..:;�, .:,:.i;.: SS COUNTY 0 : ::. . f On: .his::.: 'day:of ally :. .. o ap' :. 1leari5+.'l::•Y••:,•,::,•rr:iis�1,•'v.:. ..i.'.y:..: ii.,,:'.:•t ::. Y i ,.::. ,...: to me:known.srid known:tq met be the Zo ' Liilnited I.uabitlty t'pmpahy,_deteti6ed i:n once rvho executed tit foregigg';irisiranc;.instnmetf.aitd'acknowledged tome .that htlshg.arkecuta the foteggitlg In �irarice instrument sil-d:ecaeno�vle-ged to ine that he/she exeeutcil the same as'and for the aet and deekl: f sand:Ltmttc 'I.iabrlity Company, AGI4NO .EDOMNT O St7RET'Y:CQMPANY NEW YpRic;.: STATE. .:,.,..,,P,;: .;:��,.� _. . . as vaiix x�;: sa;:.: _ SU$A$'iivpsxz: ' Ott..this' •+.fk-.•-•.. .H•,.�•.•.`::-,'f'::,:•'.:,•,,,:`rr _ fdre;rtie::persona�lly:came..:;•.:,...:..,:::.......,..::,:,... ' .. ' to'. me: 1eWn ,: wlx�_:'.bgi#isp. me: .du1 !:. tvait depose and- ahat: atelshc: :resides in r>ASSAU a.. . Tv QI' at helib,&t the ftnrne in-Fact ........,',..,..,. 14n?, ,r 1 ,:State :NewYbtk, - Y ARCH;fNSURANe9 0M ANY `�. in:W ch:e�ncuted the afthe:.,,.... •...:. ,_..;,.�i:,,..a::;...:.....',...'.:r•:,,:,y5 .:.r..i::.Ul . .. ... e.cortiratioit`desaibed`. hi above ins.tianue t :that i el she ltnavv�:thq.seal t�f said c(.rpaiatioii;that the seal a "used.to saidi inst ument is such. :orporate eal that as vuas Sii affixed by order of the Eoard of Di�ctors of:said corporation;,and that he/she si tied his/her:>na�ne the;eto by Ji order,and tiie giant did:turtheri deppsa.and-:say that the Superintendent of Insuranne of tho State a i ew Y.0 has, Pursuant#a SeGhan 1 111 of the Insurance Law of;the State of New ARCH INSURANCE:CaMPANY York,tssuec tQ..,,....f..•.....,:... . ..,.,. qualification ev[�1Enctr► the quailfieation:of std:CAmPany.attd.its:sticienGy under. any law,of':the:State of New Ycirk:as'sntety.`and guarantor; and::the propriety gf ameptin apps as such; and that such certifcate has no); eeti revokad :. GRACEAg4Ei??�?N ............... .... ......................... •.. teary pobq-S�tP of Neo YaYk a Pttblic Nassau County Ik:�01ACG111:5'](1 : Tertn:h3c�(Rs]urue 14,?016 NY acknowledgment:: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i i ARCH.INSVRANCE COMPANY STATEMENT OF FiNANCJAI_CONDt'TION December$1;2013 . ssets , $ 113;241049 Bends owned:: 1.,73!!;368,149 Stocks: :.:: 433,238;605 .,.. . Premiums ln.course.o collection 251; 13 788 Arcrued in.torest:and other assets 3121730;603 7atal Assets is 2,640 664 : aeserue far r s.wiA id�dJustra i t:expeii5ps:: :.. : :. 1,2QQ 7$5 312 F agents tor,unesirrteci prgMjlj'rrts 337,621,736 Ceded tdihsiratce prrniurrFSpayable. 11)5;992,093 Amaunts.withhoid;orfetaine by:GOmpanyfor eccoufit:af:ofhers o 1.813,907,409 Reser+re fob#axesKtaense :arit ther iiebititi" - �01ri3Q}�27 tptai;hiebites ;:::. :..:......: .-. ::.:. 236877 Stitplu 00 eg t s;:pbilGytit?1da s:: 736,627397 Tota#Suctti `a�l Ligtitleg. 2$40.;t#64.274 Afth : f :.. .:.- ::..;.�.... Chiaf: ;Flnariciel Qifioer:and: r. Cenerat:CounseFand Secretary State Countyofliutlipn:) Ttiorrta&I mos:A UfcePP$stderat;Chief:ir3h.�rtcI f f jcer:artrl'`reasiirer:errd.=: Pettrok Kenr+ th N ,Senor 1/jpe President;Ge►teral CputUe{er�d Serrref .ry;belrig duty si!► rn; of ARCM INS-*i +NGE CE7Mpm.y Missburr,anti thet -o foregoing.{a a t:'rue and oatr+ast. $tat**Mont ofi firfahciat pondit)on gf>safd.abmpany;as of Ciee��ber 31,20.13,; Subkt•{ dibnd varr°to_bafor rrie,fhis; Ey of tsllatGt;:2Q ` . 11:15 M M.I.kEC1,Y Carnmtaslan N 3411.013, . . .:. Narnt V. u . a s o.mm a0an E its flUd#it.:as.: u.ta } DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 DOCUMENT 00 43 21–BID SUPPLEMENT:ALLOWANCES i 11 BID FORM SUPPLEMENT A. This form is required to be attached to the Bid Form.See Document 00 2113"Instructions to Bidders." 1.2 DESCRIPTION A. Each bidder shall show below the cash amounts included in the Contract Sum for use at the direction of the Owner. B. The total for quantity allowances shall be the total cost using Document 00 43 22"Bid Supplement–Unit Pric- es" and the quantities from Section 0121 00"Allowances." C. The bidder shall be responsible for determining from the Contract Documents the affects of each Allowance on the Contract Time and/or Contract Sum. D. The Owner reserves the right to utilize funds identified under Allowances solely at the Owner's discretion and to amend the Contract accordingly during the period of the contract, 1.3 SCHEDULE OF ALLOWANCES–(GENERAL CONSTRUCTION CONTRACT) A. Quantity Allowance No 1: Ro k Removal in Open Areas(Mass Rock)and Disposal Off-Site//r��� Formula: ;& �— x 10 cubic yards = $ !! t4 . ©a (Contractor Unit Cost) (Total Cost To Be Included In Bid) B. Quantity Allowance No.2: Rock Removal in Trenches and Pitts(Trench Rock)and Disposal Off-Site Formula: �J.Q x 10 cubic yards = $ t�54,DO (Contractor Unit Cost) (Total Cost To Be Included In Bid) C. Quantity Allowance No.3:. U ns itable Soils Removal and Disposal On-Site Formula: .bd x 100 cubic yards = $ ��� (Contractor Unit Cost) (Total Cost To Be Included In Bid) D. Quantity Allowance No.4: Unsuit ble Soils Removal and Disposal Off-Site ,G� Formula: x 2500 cubic yards = $ (Contractor Unk Cost) - (Total Cost o Be Included In Bid) E. Quantity Allowance No. 5: Replacement of Authorized Excavation of Unsuitable Soils or Rock with On-Site Suita- ble Soils Formula: .5D x 100 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) F. Quantity Allowance No. 6: Replacement of Authorized Excavation of Unsuitable Soils or Rock with eel Off-Site Suita- ble Soils g /4/ Formula: � !`[i x 2000 cubic yards = $ ,^� (Contractor Onit Cost) (Total Cost To Be Included In Bid) G. Quantity Allowance No. 7: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Aggregate Base Course(ABC)Stone Material Formula: -V`�_ x 400 cubic yards = $ . ©y (Contractor Unit Cost) {Total ,ost To Be Included In Bid) H. Quantity Allowance No. 8: Replacement of Authorized Excavation of Unsuitable Soils or Rock with#57 Washed Stone Material Formula: 419 4,?-1 x 100 cubic yards = $ (Contractor Unit Cost) (Total Usi To Be Included In Bid) I. Contingency Allowance No. 9: Provide$262,514 for an Owner Contingency Allowance $262.514.00 (Total Cost To Be Included In Bid) J. Contingency Allowance No. 10: Provide$7,500 include in Bid for waterproofing under resilient sports flooring and sheet vinyl flooring.Allowance usage to be determined based upon slab testing listed in the product specifications. $7,500 (Total Cost To Be Included In Bid) ©BOOMERANG DESIGN#1315 00 43 21 -1 Cedar Grove Community Center Orange County 11!11114 ADDENDUM#3 i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I f I i DOCUMENT 00 43 21—BID SUPPLEMENT:ALLOWANCES TOTAL ALLOWANCES TO BE INCLUDED IN BID= $ �✓'/O.GI�D.UO ■■■■■■■1■■1■■■1 is■■1■■■■■■■■■■■■■■■1 1 1■■■■l It■■■■it IN Y 1■■■■■■■■■■■■■■■1■■■■1■■■■■■■■ 1.6 SUBMISSION0 P PLE SubmittthR y of n 20� By: IKOQW& " r LWe" (Nam Sf6 ding fi irru n) By: ( ' �u ( P Pr pd ame) . Title: G!'� z,6 (Owner/Pariner/PresidenWice Pres.) END OF DOCUMENT 00 43 21 OBOOMERANG DESIGN#1315 00 43 21-2 Cedar Grove Community Center Orange County 11111/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 s DOCUMENT 00 43 22 BID FORM SUPPLEMENT•UNIT PRICES 1.1 BID FORM SUPPLEMENT A. This form is required to be attached to the Bid Form. See Document 00 21 13"Instructions to Bidders," 1.2 DESCRIPTION A. Each bidder shall show below the amounts proposed to be added to or deducted from the Base Contract Sum upon adjustment of the quantity given in Unit Price Allowances in Division 01, Section "Allowances" for the actual measurement of individual items of the Work. 1.3 SCHEDULE OF UNIT PRICES — (GENERAL CONSTRUCTION CONTRACTOR AND COMBINED SINGLE-PRIME CONTRACTOR) A. Unit rice No. 1: Rock Removal in Open Areas(Mass Rock)and Disposal Off-Site LtA aJ~ OLLARS($ Per cu.yd. B. Unit Price No.2: Rock Removal in Tenches and Pits(Trench Rock)and Disposal ^Off-Site DOLLARS($ per cu.yd. C. U-mitt Pric No.3: Unsuita le Soils Removal and Disposal Off-Site Y L � DOLLARS{$ .� per cu.yd. D. Unit Price No.4: Unsuitable Soils Removal and Disposal On-Site DOLLARS($ )per cu.yd. E. Uni rice No 5: Re la ement of Authorized Excavation of Unsuitable Soils or Rock with On-Site Suitable Soils r DOLLARS($_ )per cu.yd. F. Unit Price No. 6: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Off-Site Suitable Soils DOLLARS($ f0,per cu.yd. G. Unit Price No. 7: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Aggregate Base Cou se(ABC)Stone Material l DOLLARS($� )per cu.yd. H, Unit Price No. 8: Replacement of Authorized Excavation of Unsuitable Soils or Rock with#57 Washed Stone Mate'al Z OLLARS($ per cu.yd. I,Unit Price No. 9: Cutting and Pat of Concrete Slabs DOLLARS($ 0� per sq.ft. @BOOMERANG DESIGN#1315 00 43 22-1 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 r DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i f DOCUMENT 00 43 22 BID FORM SUPPLEMENT-UNIT PRICES 1.7 SUBMISSION OF SUPPLE jN,T, Submitted this day of Y�t 20b Sy: tmdlngfirm _� r co o fion)By: p7jprint name) Tide: � IGY�f'LI (Owner/Partner/PresideniMce Pres.) END OF DOCUMENT 00 43 22 ©BOOMERANG DESIGN#1316 004322-2 Cedar Grove Community Center Orange County 11/11114 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I DOCUMENT 00 43 23 BID FORM SUPPLEMENT-ALTERNATES 1.1 BID FORM SUPPLEMENT A. This form is required to be attached to the Bid Form,See Document 00 21 13"Instructions to Bidders! 1.2 DESCRIPTION A. Each bidder shall show below the amounts proposed to be added to the Base Contract Sum if particular Alternates are accepted by the Owner, B. If the Alternate does not affect the Base Contract Bid Sum, the bidder shall write in the space provided"NO CHANGE." C. If the Alternate does not affect the Work of his/her contract,the bidder shall write in the space provided"NOT APPLICABLE." D. The bidder shall be responsible for determining from the Contract Documents the affects of each Alternate on the Contract Time and/or Contract Sum. E. The Owner reserves the right to accept or reject any alternate and to amend the Contract accordingly during the period of the contract, F. Acceptance or nonacceptance of any Alternates by the Owner shall have no affect on the Contract Time unless the Schedule of Altemates below provides a formatted space for the adjustment of the Contract Time. 1,3 SCHEDULE OF ALTERNATES A. Alternate 1: Indicate the amount to add or deduct from the base bid to provide preferred brand mechanical equipment by Mitsubishi as described in Division 23, Section"Variable Refrigerant Flow System"and Division 01,Section'Alternates," ADD Ud' DEDUCT DOLLARS($ ❑ B. Alternate 2: Indicate the amount to add or deduct from the base bid to provide site improvements as described in Division 01, S ction"Altemates ADD ►�/'. LLARS($ d D DEDUCT ❑ C. Alternate 3: Indicate the amount to add or deduct from the base bid to provide new doors and hardware in storage wings as described in Division 01,Section"Alternates." ADD ,1�,V` !� DEDUCT ❑ 1W "'fe)LLARS($ OD,ICJ �LGt/l�G�� D. Alternate 4: Indicate the amount to add or deduct from the base bid to provide new windows in storage wings as described in/Pivision 01, Section"Alternates." ADD 2 /1 _ . l�L/YI Q� MV LARS($1115400.0 DEDUCT ❑ 1.4 SUBMISSION OF UPPLE ENT tr Submitted this]"1'y day of 201✓C By: eGll (iDs�f7dy(`�,7C�Hi'/ yl r<i (Name,e€b' ding fir or coop By: (( (Signature) t�iWarj (Type or print name) Title: (Owner/Partneff'resIdent/ViCe Pres.) END OF DOCUMENT 00 43 23 ©BOOMERANG DESIGN#1315 00 43 23-1 Cedar Grove Community Center Orange County 11/11/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i DOCUMENT 00 43 39 MINORITY BUSINESS PARTICIPATION—GUIDELINES&AFFIDAVIT This section includes the following attached document: • Guidelines for Recruitment and Selection of Minority Businesses ©BOOMERANG DESIGN#1315 00 43 39-1 Cedar Grove Community Center Orange County 11111/14 j DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I I i GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES These guidelines were adapted for use on this project by the County of Orange from the "Guidelines for Recruitment and Selection of Minority Businesses for Participation in State Construction Office Projects",developed by the State Construction Office. In accordance with G.S. 143-128.2(SB 914 ratified December 6, 2001),the County of Orange has enacted a verifiable ten percent(10%)minority business participation goal for the total monetary value of this project. These guidelines are published to accomplish that end. SECTION 1: .INTENT It is the intent of these guidelines that the County of Orange,as awarding authority for construction projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal,proper and reasonable to achieve the statutory goal of ten percent for participation by minority businesses in each construction project permitted by SB 914. Nothing contained in these guidelines shall be considered to require awarding authorities to award contracts or to make purchase of materials or equipment from minority-business contractors who do not submit the lowest responsible bid or bids. SECTION 2: DEFINITIONS 1. Min ori -a person who is a citizen or lawful permanent resident of the United States and who is: a. Black,that is,a person having origins in any of the black racial groups in Africa; b. Hispanic,that is,a person of Spanish or Portuguese culture with origins in Mexico,South or Central America,or the Caribbean Islands,regardless of race; C. Asian American,that is, a person having origins in any of the original peoples of the Far East,Southeast Asia and Asia,the Indian subcontinent,the Pacific Islands; d. American Indian or Alaskan Native,that is,a person having origins in any of the original peoples of North America; e. Female. f "Socially disadvantaged individual", as defined in 15 U.S.C.637. These are individuals who have"been subjected to racial or ethnic prejudice or cultural bias because of their identify as a member of a group without regard to their individual qualities"; or g. "Economically disadvantaged individual"as defined in 15 U.S.C. 637. This is an individual"whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business who are not socially disadvantaged." 2. Minority Business -means a business: a. In which at leash fifty-one percent(51%)is owned by one or more minority persons,or in the case of a corporation,in which at least fifty-one percent(51%) of the stock is owned by one or more minority persons; and r DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i I I b. Of which the management and daily business operations are controlled by one or more of the minority persons who own it. 3. Owner-The County of Orange. 4. Bidder-Any person,firm,partnership, corporation,association,or joint venture seeking to be awarded a public contract or subcontract. 5. Contract-A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment,material or services, including construction,and obligating the buyer to pay for them. 6. Contractor-Any person, firm,partnership,corporation,association,or joint venture which has contracted with the County of Orange to perform construction work or repair. 7. Subcontractor-A firm under contract with the prime Contractor for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract. Work subcontracted in an emergency and which could not have been anticipated is excluded as a part of this program. 8. Verifiable goal means that the awarding authority has adopted written guidelines specifying the actions that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for participation in contracts awarded;the required actions must be documented in writing by the contractor to the appropriate awarding authority. SECTION 3: RESPONSIBILITIES 1. Minority Business Program of the County of Orange(hereafter referred to a Minority Business Proar'am). The Minority Business Program will establish a program pursuant to which it shall certify to interested persons,businesses qualifying as Minority Business Enterprises(MBE). The information solicited from the applicant will be used by the Minority Business Program to: a. Determine MBE certification,i.e.,that those certified are MBEs under GS 143- 128 as a contractor and/or subcontractor. b. Identify those areas of work for which there are certified MBEs,as requested. c. Provide interested parties with a list of prospective certified MBE contractors and subcontractors. d. Assist in the determination of technical assistance in the certification program that needs to be provided. In addition to being responsible for the certification of those small and emerging businesses that want to participate,the Minority Business Program will: 1. Maintain a current list of certified MBEs of those certified. The list furnished shall include the areas of work in which each MBE is interested. 2. Work with the North Carolina Association of Minority Businesses,the Carolinas Branch AGC,the Carolina Electrical Contractors Association and the North Carolina Association of Plumbing-Heating-Cooling Contractors in developing and implementing a certification program intended to improve the ability of MBE's to compete in this program. 2. Owner 2 i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I t The owner will: a. Attend the scheduled prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. C. At least ten(10)days prior to the scheduled day of bid opening,the Owner will notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date,time and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance,licenses, bonds and financial arrangements. If there are more than three(3)certified MBEs in the general locality of the project who offer similar contracting or subcontracting services in the specific trade,the Owner shall notify three(3),but may contact more, if the Owner so desires. d. Maintain documentation of any contacts, correspondence,or conversations with MBE firms made in an attempt to meet the goals. 2. Prime Contractor Under the single prime contract system,the prime contractor will_ a. Attend the scheduled prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. C, At least ten(10)days prior to the scheduled day of bid opening,notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: I. A description of the work for which the bid is being solicited. 2. The date,time and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance,licenses, bonds and financial arrangements. If there are more than three(3)certified MBEs in the general locality of the project who offer similar contracting or subcontracting services in the specific trade,the Contractor shall notify three(3),but may contact more,if the Contractor so desires. d. During the bidding process,comply with the contractor(s)requirements listed in the proposal for minority participation. e. Submit with the bid a description of that portion of the work to be executed by MBEs expressed as a percentage of the total price. f. Identify the MBEs the bidder intends to use on the contract,along with the dollar amount of the work to be performed by each minority business. g. Submit an affidavit that details the good faith efforts taken to procure minority business participation. h. Upon being named the apparent low bidder,the bidder shall provide the necessary 3 I i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i documentation as listed in the contract documents. Failure to comply with procedural requirements as defined in contract documents may render that bid as non-responsive and may result in rejection of the bid and award to the next lowest responsible and responsive bidder. i. Upon being named apparent low bidder,the bidder shall provide an affidavit that lists the proportion of the work to be performed by MBEs. If the MBEs do not account for ten percent(10%)of the contract price,the bidder must submit an affidavit that verifies the bidder's good faith efforts by certifying that it has undertaken at least five of the following ten(10)steps: 1. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contract or available on these State or local government-maintained lists at least ten(10)days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. 2. Made the construction plans,specifications,and requirements available for review by prospective minority businesses, or providing these documents to them at least ten(10)days before the bid proposals are due. 3. Broke down or combined elements of work into economically feasible units to facilitate minority participation. 4. Worked with minority trade, community,or contractor organizations identified by the Office of Historical Underutilized Businesses and included in the bid documents that provided assistance in recruitment of minority businesses. 5. Attended any prebid meetings scheduled by the public owner. 6. Provided assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. 7. Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualifications should have the reasons documented in writing. 8. Provided assistance to an otherwise qualified minority business in need of equipment,loan capital,lines of credit,or joint pay agreements to secure loans,supplies,or letters of credit,including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help the minority businesses in establishing credit. 9. Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. 10. Provide quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. j. During the construction of the project,if it becomes necessary to replace an MBE subcontractor,advise the owner of the circumstances involved. k. If,during the construction of a project,additional subcontracting opportunities become available,make a good faith effort to solicit subbids from MBEs. 3. MBE Responsibilities 4 i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I j i While MBEs are not required to become certified in order to participate in this program, it is recommended that they become certified and should take advantage of the appropriate technical assistance that is made available. In addition,MBEs who are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid. SECTION 4: DISPUTE PROCEDURES It is the policy of this County that disputes between an agency and another person that involve a person's rights, duties,or privileges should be settled through informal procedures. To that end, MBE disputes arising under these guidelines should be resolved,if possible,by informal proceedings arranged by the Owner. I 5 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I i Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Identification of HUB Certified/ Minority Business Participation (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/minority business as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name, Address and Phone# Work Type *Minority **HUB Category Certified Y/N JG uh �tc4� -�1aov *Minority categories: Black,African American(B), Hispanic(H),Asian American(A)American Indian (1), Female(F)Socially and Economically Disadvantaged(D) **HUB Certification with the state HUB Office required to be counted toward state participation goals�� The total value of minority business contracting will be MBForms 2002-Revised July 2010 I i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina AFFIDAVIT A-Listing of Good Faith Efforts County of Name Bidder) Affidavit of Cd XA I have made a good Mith effori to co ply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 301.0101) LI'1 —(10 pts)Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists,at least 10 days before the bid date and nc`.ified them of the nature and scope of the work to be performed. 2--(10 pts)Made the construction plans,specifications and requirements available for review by prospective minority businesses,or providing these documents to them at least 10 days before the bids are due. LY3—(15 pts)Broken down or combined elements of work into economically feasible units to facilitate minority participation. ❑ 4—(10 pts)Worked with minority trade,community,or contractor organizations identified by the Office of Historically Underutilized Businesses and Included In the bid documents that provide assistance in r�recruitment of minority businesses. ilcll 5—(10 pts)Attended prebid meetings scheduled by the public owner. ❑ 6—(20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. Lr7—(15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. 4d 8—(25 pts)Provided assistance to an otherwise qualified minority business in need of equipment,loan capital, lines of credit,or joint pay agreements to secure loans,supplies, or letters of credit,including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. ❑ 9—(20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when d 10ossible. -(20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date:49 �'1�"J Name of Authorized Officer: � J `\\\\JO�t G ENi Signature: ' Title: 'SY� 1 � .r J N = State of WUnty of A Subscrib to s M y o 20 Notary Pub 4�1/,rlt V� My commi'01)ires - MBForrns 2002-Revised July 2010 i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I i DOCUMENT 00 43 80—E-VERIFY AFFIDAVIT This section contains the following attached forms; E-Verify Affidavit(to be attached to bid). END OF DOCUMENT ©BOOMERANG DESIGN#1315 00 43 80-1 Cedar Grove Community Center Orange County 11/11/14 .I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I I STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY I, Edward /f� � _(the individual attesting below),being duly authorized by and on behalf of entity bidding on project hereinafter"Employer")after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E:YgrL is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer,after hiring an employee to work in the United States,shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person,business entity,or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES or b. NO 4. Employer's subcontractors comply with E-Verify,and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This �'► ye day of Signature ofAff!ant Print or Type Name: �W r State of North Carolina Orange County ( G Signed and sworn to (or affirmed)before me, Q � Y day f 20 N O T A R C My Commission Expires: PUB LI C Z� COUN; ��`. Notary Public 61 i i I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 DOCUMENT 00 43 81—CONTRACTOR'S SAFETY RECORD INFORMATION This section contains the following attached forms: Contractor's Safety Record Information END OF DOCUMENT ©BOOMERANG DESIGN#1315 0043 81 -1 Cedar Grove Community Center Orange County 11/11/14 i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Contractor's Safety Record Information The Contractor's safety record shall be reviewed and evaluated in addition to other quality and performance criteria as part of bid evaluation process. Failure to provide the requested information and documentation may result in rejection of your bid as non-responsive. Accordingly, all bidders must submit the following information regarding their safety record. The following definitions shall apply to this section: "DART incident rate"—Acronym for"Days Away,Restrictions and Transfers".The DART incident rate may be used to show the relative level of injuries and illnesses within a firm compared to the industry.It is based only on those injuries and illnesses severe enough to warrant"Days Away,Restrictions and Transfers". The DART incident rate is calculated using OSHA's Form 300 and the following formula: ((Number of entries in column H(days away from work)+column I(job transfer or restriction)x 200,000)/(Number of hours worked by all employees)=DART Incident rate. "EW'—Acronym for"Experience Modification Rate,"is an indicator of a contractor's past safety performance,widely used by the insurance industry as an equitable means of determining premiums for workers'compensation insurance.The rating system considers the average workers'compensation losses for a given firm's type of work and amount of payroll and predicts the dollar amount of expected losses to be paid by that employer in a designated rating period,usually three years.The rating is based on comparison of firms doing similar types of work,and the employer is rated against the average expected performance in each work classification. Losses incurred by the employer for the rating period are them compared to the expected losses to develop an experience rating. "OSHA"—Acronym for the Federal Occupational Health and Safety Administration. The term"OSHA"as used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess fines or warnings for violation of worker safety standards. 1. OSHA DART Incident Rate. Provide the bidder's DART Incident Rate calculated from OSHA's Form 300 for the last three years and the other required information shown in the example table below. The bidder must attach all supporting documentation and calculations including certified OSHA forms. DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 2or� d ,1 &AIM 6,t4rw4ri �l� l�j Cztiter���ui G�tcY�Sz 2. Experience Modification Rate EMR . Provide the bidder's most recent Experience Modification Rate(EMR)based on insurance claims history. The bidder must provide the source of the EMR information and contact information of insurer entity providing the EMR- 3. Answer the following OSHA Specific Questions: (a) Within the last 2 years,has the bidder received any citations classified by OSHA as being(1) serious, (2)willful and/or(3)repeat violations where your company operates? Yes No If yes,attach a copy of each such citation and violation. (b) Has the bidder experienced any work-related fatalities within the last five years? Yes No t/ DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I i (c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years? Yes No (d) Is the bidder under investigation for any work-related fatalities? Yes No (e) If your answer is"yes"to 3(b), (c)or(d),provide a copy of the citation(s), list of number(s)of fatalities and documented explanation of the fatality. 4. Safety Plan: (a) Does the company have a written safety program that includes responsibility for all aspects of safety management? Yes l/� No (b) Does the company have a written plan for safety training of new employees mlkd ongoing training of existing employees? Yes t/ No (c) Does the company have documented evidence of safety training that they have conducted? Yes LZ No (d) If the company has employees with limited English ability,does the company have a written plan for ensuring that their employees understand the training they are being given? Yes r/ No (e)Do all supervisors have an appropriate documented level of OSHA training (e.g., a minimum of 30 hour OSHA construction safety training)? Yes No i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i I (f)Do employees have documented basic OSHA 10 hour construction safety training? i , Yes y No (g)Does the company have a documented Hazard Communication Program? i Yes V No 5. Required Written Explanation of Safe!y Record. If the bidder has any of the following: (a)DART incident rate great er than its industry average, (b)an EMR greater than 1.0,(c) answered"yes"to any of the OSHA Specific Question above, or(d) answered"no"to any of the Safety Plan questions,the bidder shall provide the County,in its bid,a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record. Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the County. i I 0 0 c in cam' m m 0 -a (o FD Attention:This form contains information relating to OSHA's Form 300 (Re,oymcw employee health and must be used in a manner that Co protects the confidentiality of employees to the extent Year 2014 0 Log of Work-Related Injuries and Illnesses possible while the information is being used for us,Department of Labor m occupational safety and health purposes. u�upatfana,54tatyandM-Hhadndn1str26on 00 You must record Information about every work related death and about every work-related injury or illness that involves loss of consciousness,restricted work activity orjob tans/er, Perm approved OMB no.1218-0176 cJn days away from work,or medical treatment beyond first aid.You must also record c.n signfilcanl work-related Injuries and illnesses that are diagnosed by a physician or licensed health W care professional You must also record work-related injuries and Illnesses they meet any of the spaciffc recording criteria fisted in 29 CFR Part 1964.8 through 1904.12.Feel free to r araASSnmenrnama;�aeanelli CgRS'tYllefioTA s6llfh use two lines fore single case if you Head to.You must complete en Injury and Illness incident Report(OSHA Form 301)or equivalent Sam for each injury or illness recorded on this m form.ffyou're not sure whether a case is recordable,call your local OSHA office for help. c,, Apex sa„e NC m case 00 Identify the person Classify the case U (A) (g) (C) ' (D) •- - (E) (� F'nter� , Gft!�r •��.ri Co Case Employees Hume days the InJuroat a ,, Y job tit? Date of injury Where the event occurred Desrn'be injury or itlnessr puts of body aftec4d, ill worker war. "'"b'r'r"1" 'i' " '•;h_k 00 no. (e.g,Welder) or onset (e..,I.owLi� dick nMV4 e , g y rid) andobject/snbsiance that directly injured W of illness or made person ill(e g_.Second degree Auras•on .G� "I �' ;{,•!� t\t ,¢�p�E W •right foreman from acetylene tomzh) n A.W On lob y :y. r k r uty�y v from transfer or ff' ey3 5. -S "e � kst{ -I f •• va work raslrletich. W '�t. � � 1t• y�81`i- Ul »tit .'�.' �''• 'Fb m No reported work relate injuries or illnesses for a` { (�] �� � '° d in�jur �- 4 ,: } o 2 014 h 7 5; °� 0 0 rtuanthl0 � �� �� days 1v. mmmhrdai month/da i {�- __days —daym >�'"�'�a A. monmrdur „ryv 5 ,,\ "t�," —loss ,_says `�i.` '�'R. '�,'` '>' q,;r'"ty+.i;�'•((.,ti — ,To nmr tr rt,'1 w 'i —dar —d. mcnthrday j ,n 1;• —dm —_days �d"� '�� ry� •1 'd momhrdnyS tY �};'� —day' —days 'n —days �� �• 'P �rn��,�w monwd S icy _drys _days dare ryf:,' r r h}'+t•°*t montNtl _days d try}-+_ tilt•W ;t v�, �`"1`af _days v I➢' a� .is�`,� —days 12�"vP_„t�,'lf}tit�vf'�'\`r�� i.Ja`i,�iil-aP'G•; �} �1 t Tdrysvi" it Cali ,.:. J month/day .. .. t ".; A.ivro� 'i�L•J;�:•-,yVlf, page tatajs> 0 0 0 0 _ Public•repnrdog bardea a,r dais cullecdon ofiafurmudoo is eadra ed to--age 14 miantes per resporce,indading dme to review Be sure to transfer these totals b the Summery page(Form-VOA)before you post It the inamudoaa,aeardi and gachm•dm datuaredeJ.and cvu:plctea�revinv the cuDrrlicn ofuxfonoaelun_Pvsonc are�Oe required - e_ [o—P-4 u,the collemion ofinfh-6..odcu ie disPlaysa rnrready Rd OMA eeattvl nuoumn(fyon baveaay mmmencs ahooc rhrse uswaata or rang otter aspen of[hiv dew colkalnrr.wurect US Dep;uronvx ofLahor,pBaAOffi<e oFSnvidwl AmJ.sia,Ruom N3a44,260 C nuiwdun P.venuc,NW,Lvauiingeon,DC.2027 0.Do not send the rompleeed Surma W Uvs uf5c� 1 aps or {i} (2) (3) (4) (5) (6) 0 0 c in tom' rn m 0 m OSHA'S Form 300A (R=v.01/2004) — Year 20 14 W tl Summary of Work-belated Injures and Illnesses ��.Department of Labor m eontrpatlotx 1 W ty and H—tth AdmW t—tion FA F—approved OMBno.171801'6 0 Ur Ur All establishments covered by Fart 1904 must complete this Summary page,even ifno work-related injuries or Illnesses occurred during the year.Remember to review the Cog w to verily that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category.Than write the totals below,making sure you've added the entries from every page of the log.if you Establishment information M M had no cases,write'0." pp Employees,(ormerem r or eetaLG.lns,.,,t name Racanelll Construction South FA ployees,and their representatives hava the right In review the OSHA Form 300 in its en&ety.They also have limited access to the OSHA Form 301 or its equivalent.See 29 CFR Part 1904.35,in OSHA's mcordkeeping rule,for lurtherdeWs on the access provisions for these forms. 1001 Femberton HM e 202 00 O Stnet v City Apex stare NC zip 27502 co 00 w Total number of Total number of Total number of Total number of Industry dwcriprion(e.,;rmu(m,ema(mnw.t,,,rk uelrrz) � deaths eases with days caseswithjob other recordable General Contractors Commercial Construction m away from work transfer or restriction cases m Standard Industrial Cl=fication(SIG),ifkntmm(ag,3715) O _0 0 0 0 2 5 4 2 North American IndwtrLd Classification(NA1CS),ifknown(e.g,336212) Number of Days Total number of days away lbtal number of days of job I Employment information fffyou doWi ham Lh�i:eu�,fee he from work transfer or restriction Work5bee en tilt hark ofthis page w rnimate.) 0 0 Annual avenge nurnhcr of employers 5 ( K 6800 ) (L) Toni hours worked by all employees last yz-ar Injury and Illness Types Sign here Total n umber of._. Knowingly falsifying this document may result in a fine_ (M) 0 0 (t)Injuries (4)Poisonings I certify that C have e*ctmined this document and that to the best of my 0 (5)Hearing loss � knrlp�t ertn-ies azc e,accurate,and complete. (2)Skin disorders (5)All other illnesses 0 (3)Respiratory conditions 0 mpvryrr t 91.9, 363-3600. 1/5115 Post this Summary page from February 1 to April 30 of the year following the year covered by the form. m Public rot uthgbenien for this mllecana oFinfe mw.ion a nethmied to average 58 mirmtm per,response,is tnu fime to review the inalrucfior.m r h and g tha ate dk—eded,wd compkte end review the eo]loraonotinformoaon.P---not inquired to—poed to the no3l.U-ofintmndion anlese It Ii-plxv a osreadyveld OMBcontrolmtub..lryou have nny eommrmt�about these esamatrs or my other upend orrhis dofa coU cktut.contest:US Department of Labor,03HA 012tt f Swasticei Amdpk,Roo.N.3644,200 Canualuann benre,NMI. NV ihtngwn,DC 20210.Do nut—d Uu eompleied forme to this office 0 0 c to m (D 0 -a m 6 Attention.This form contains information relating to — o OSHA's Form 300 (Rev at/aaon) employee e health and must be used in a manner that t ■�� protects the confidentiality of employees to the extent Year 2013 [W„ Log of ll ork-belated Il!)ur%es and Illnesses occupational safety information is being used for — m occupational sateEy and health purposes. US.Department mI Labor m Oaovpaftaud lialaty and rleerea adminbbaGon W You must record information about every work-related death and about every work-related injury or illness that involves loss of consciousness,restricted workactwy wpb transfer, Norm nppmred OMB no.1218-0176 0 days away from work,or medical treatment beyond first aid.You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health (n w carp professional.You must also record work-related injuries and illnesses that meet any ofthe specific recording criteria ltislad in 29 CFR Pan 7904.8 through 1904.72.Fesf tree to Btabrshmenrn0ma I2acanelli ConsttttC>tillll Sonf{i � use two Enos for a single case ifyou need to.You must complete an lnjury and Illness krcfdent Report{OSHA Form 301)or equivalent form for each injury or illness recorded on this r Apex s NC m form.if you're not sure whether case Is recordable,rail your local OSHA office for help. r�i p _ W Identify the person Describe Classify the case to (A) (8) (C) (D) CHECK ONLY ONE bo.fn,ea.1, ,ase Enter the number v( dews:the Injured or 1,,-„,1 ;� rc Case Lmployec's name Job title Date of injury Where the Pveat occurred Describe injtay or illness,parts of body affected, III worker wax t .ira2 �Sd 00 no. (eg.,Aetdrrl or onset {egg Loading dock startle aid) and object/substance Hutt directly injured ,, v W of illness or trade person 111(e.g.,Second degree twrit on •, `• t_ t 'r t M1Sr d} right forearm from--dylene tordh) ` r Away On lob nit ' W 2 from trarmar or work rantriotlon ��y(y� (n ` `i m Y St'. rS. No reported work related injuries or illnesses for 2013 ' ,� " ' t rya; 0( 0pl A f, m mix Nd 1. t t'� r _dopy __days �,.i W y a o� I' s ds Y s r`•[ h {? b monsJde .1 , 19� � V�b•: _days l �' rn.'nthrdaY 8 �s�`• '4. � ♦ ,+4r'��t% days di1 �i c�, } , *�� r� �G� yM1 CIF +S r _days _d:,y monthidav - '� _d— _d morunr t S..r 1 air e 1C S, �/" a'ri 7 U r rll �'hCM1 � — �.�'1`q} v�•� �ll �� .�WJ � s nl �+`q'a• r Cf�}�ksPsrEtt�1`��� iJ ur,�'N�^r'% — / � �� `FC •, t� °s.. �i�.'�- y'�, ��k}i� ^���,1 � �lku�I'y�`w,G";,,�`� monilVUtry ` .F„ �5 ^ '• ri _days _da)^t ,y`L pb s iS t'r a,4 ,` •5. ... tt. t. h t^ yN `-ai ,t "y' — / y, Y` •'i`�v�`,`�%• ��'t,,,'),`f�.`t,,� (i�� �:`Y�5•�i,' °,•i`"sr���� ,p monthlday 97 % „luMf days —dyc '? ^. ti ,' •r. Evfi month,'dny ,l •t � - 'E W �� days —d.�, momnlda Page totals>- 0 0 0 0 Public reporting bu idea for this Al—ioa of iniu—im is esdmattd to a rragr 14 mimuci pct response.including time to review Be Sure to transfer these foists to the Sv=wrypsge(Form 3004)before you past It 7 tLc imo•uttiom,seeds and tr ate data a edcd,and m>ere and re' g 3e •@ a c gad: m p v�ewtbewllecann ofuiforwaticn PLKrOaa arC not required u.n:cpund w W e wllectiun ufinfnrauzdun unlace itdisplay:xcurrcuay vafid OLIB onmrnl number.ll'ynu have auy wmmmsb; 7 about these esWa:nrs or any other a'pecn ordtis dn.collectuu.m.uan:US Deparonent ofLsbor.OSHA Ol&e urStauni.1 n h 5 ntnaysic,Rwm t4-3 644,200 Cunsdmtion Alcnve,N W,Washingdm,DC 20210.Do na seed the complaed furm>to fur office. Pegs 2 (1) (2) (3) (4) (5) (6) 0 0 c to cam' M m 0 -a m N OSHA's Form 300A (Rev.01/2004) Year 2013_ Summary of Work-Belated Injuries and illnesses U.S.Safety—dHreaffh labor eoermatbn+r Syfery and HeetHs 6eim1n/ctraKfon m W Farmappmved OMBno.1218-0176 (7 Ol Ol All estabilshmants covered by Part 1904 must compiele this Summary page,even lfno work-related injuries or illnesses occurred during the year.Remember to review the Log w to verify that the entries are complete and accurate before completing this summary Establishment information m Using the Log,count the individual entries you made foreach category.Then write the totals below,making sure you ve added the entries from every page of ffle Log.If you m had no cases,write"0." r�rw„wrt.�naRe�o Racanelli Construction South W Emp oyees,former employees,and their eprese lahves have the right to review the OSHA Form 300 in is entirety.They also have l tuned access to the OSHA Form 301 or Em er On H111 WS e ds equivalent See 29 CFR Part 1904.35,In OSHA's rocordkeeping rule,for further details on the access provisions for these forms. Strcec to v Cif, Apex state NC zip 27502 to W _ w • fndusny description(eg.,MwufaGUre of nwtor truck rmilen) v Total number of Total number of Total number of Total number of General Contractors Commercial Construction M m deaths cases with days cases with job other recordable M away front vwrk transfer or restriction cases Standard Industrial Chssifimdoa(SIC),Tk�novm(eg,3715) 0 0 0 0 1 5 4 2 w OR (G) (M O) (�) North Aincrican Industrial Classif7mtion(NAICS),if novan(c.g.,336212) —6—-2——1-� Number of Days Total number of days away Total umnbcr of days oEjob Employment information(Ifyou don't ham 1f sefigurer,see hie W.Eni rheet nn du hark ofdcr p{Qr to et*wte.) from work transfer or restriction 0 Ar7ntral average number ofemployms 5 0 680Q (�1 CL) 0 Total ho=worked by all employees last year Sign here Injury and Illness Types Knowingly falsifying this document may result in a fine. Total number of... (M) 0 0 (1)Injuries (4)Poisonings f certify that I have examined this document and that to the best ofmy (5)Hearing loss 0 laowled n entrile rate,tru u and complete. (2)Skin disorders 0 (6)All other lllne58es (3)Respiratory conditions 0 {919 363-3600 4V 2/5/14 post this Summary page from February 7 to April 30 of the year following the year covered by the form r'uhlic repordngb,A=for this collection or tal'muation is estimated to average 58 mvmlu per,respooso,tndnding time w revt-the ivatracUcara,eevch end gntiher the dhua Headed,and complere and twin"the echoed..diorormhdiHO.'Panona am not xegf=d m,espead to the c&,,U mHrinfonn don emcee tt displays acuannOY v Bd OMB eomtrol mmbeclfyouhave y comments about lbeme vkrualoa or any odra aspects orthis data collectloa,contact:U5 Depunmeal of Lehor,OSHA Olt.ofSta M..l Anslytls,R000 N-36J4,200 Caastitutian.4veaoe,Iv'W, Was}dHgton,DC 20250.Do Hat srnd Nc wmplMad fomra eo Ibis u(Bc.r. .... .......... ..........._........................................... ........... ..._.. 0 0 c m m . m 0 CD Attention.This form contains information relating to — o r S �OC employee health and must be used in a manner that CID QSForm 300 (Rev.o�t2o( ) ^' protects the confidentiatity of employees to the extent Year 2012 m Log of Work-Related Injuries an-a' Illnesses occu ple ride safely information is being used U.S.Department of Labor C) occupat)orrat safe and heath purposes. natuDatianat Safety:n t Hearttrarlminlsir fine m +:n�> ,�a�., =©��.,r�,,,rya~- ��aa,�,�,,.�„err.�...> ,�,� ,�,> r�a� �we,.>�-•�.n, s�»��rt�:��wa���o�•.��.-,�.:,..�a���tab��m:•,���:,�ffi�,;a,�„r.�,; m You must recordmrormation about every waArerairo ddeetltanc r about every worrt•retefadinpxyorr7lnesslfnt kholies lass ofcwxlm nM,MSMOW wOfk 00a*Cti0b fpnslax, IvrmwpprnedC)vuo¢1'1K•ut7G W days awry from work,or medical iraafmant bayand grsf aid.You must also record sign kart wDer-er.ed inNnies aria imasses(hat are clagrlosadhy a physlrlan GY lfoerimalicAtr (I cn care proreswlonal.You must also record work-related in1udes and&msas thAf awpi"of the spatgc fecord ag crkeria:istad fn 29 CFR Part 1904.8 11rougta 1904,T2_Feel free to fatso-�,,r.RscaneM Constructfon South (JI use two Jrhe3 fora single case iryaf need ta.You must comptate an lnjuyand Ulnas&Ixident r)eporf r SHAFarm 301)oraquiaaltnr form ror each v•ury or,i cress fecorded on this Iamr.iryoui e not sure wnel lwacasaI sfeeortiabte,catfyourbW OSHA oll�e for help. �� E NC _.._.._ saxa _.._...� m m m r I� II II it Eider the ntmtbsr of ou (A) (B} fC) (D) (E) (F) days tha hrhimd or s m Case Employees name johtitle Datcofinjury t4lurrthelocalnceurned Describe injuryuritlnesaapansofIwdyttfftcicd, of War= Ft' v uo. (e.g..Welder) or onset (rat••Lead dig dash narfh rwd) and objeat/substwtce tint directly ir4ared (�' t + r t� t W of illncas or made pers46 iti{ag,Seeaaddig,rr bteaa ax Away t.rnb ".�tV _ c. W right fares rl f tvl areffdew!MCA) ll #� ! front tranaTp or '.3, _ ),E. W work re►triotton { �I 9 (K) (L) S No reported work related injuries or i] nes' es for 2012 +' D d Q m awrrud r Y fga :5'�,( ;N 7Ts'tt,sV a`•Iy� Z, n�.k. �; W asrd,N i* 4-YS drya nwnlMmay '' (, 'y _dal Jays a• n ..R days _&Y. t +i t q _day, d,w. di da � x �.. r _ } •a�'�('• tl _days _&Y _ � - ( + Y ,•: _—.d'n �d' �6.L[! Mti yir'J�j 1>}7a4�1 `� •w+,n�wrr T-- � t ;i `qn"� �i ,��';"�� � y�l}�r.�ne�� f'� rr rys• ° M fr v 1 da t��_ r W Y W 7A da ^°a� „. .._ :'lia �',...xt 1. .'..Kf r4`... ,. ..... .. ..•.y„ ���.�.. ,�.....,....p., mw6wdoy Pepe Mau> 0_— Public rsga.nin„luardr:u tnr t6t•a..linrn,n orinrosaufuu,He+aFn+ntett«ra.•rr+grHa.iruaca yut regwnu-.4neSrdtr.�[nur to r�r�a SB axe ra rrarrzler these(Nds loft Sur, ryriaQ¢(Form 10%)frshru}ar post if. for inw ncuunw•rn,rh uud Kdl,ea Uu dui.rimG+l.•url eaugaSCtr,.ud rc.kya the wlk�r3on nfinlnrtwJ•.n ra vmsnr nor sanni.'er! � � L� � � 5`-a r..rasp�uul to Ju•aollena.n nrt+dormxi.w,unies.nd'n1�L.i.xara,trnh voTielCt;aSB tnnunl vumUrr:4fyms h.a.ram<urnma9d> � �t & Z� 3 •x un4l to Ya•Crairn+dnv arT am aN1,M♦M1NICIL I+rsItlY•taco t iflKl�.+n.<aruaa:l-S l3q.....(,A i..U.,,OSIL1 Onki 4SWt11n4 /Cl .1m+17sic.R..nm A-:161.4.?6tl f:unalIXuuon Atel„x•.ML:Krtsbinrtou.UC?Er1to.]}oraA rrrrd tlr uuaPlmrd liraro In r1»nn'Nn P.R.---�r (f) (2) (3) (4) (5) (6) 0 0 c to M m 0 m OSHA's Farm 300A (Rsv.ov2oo l) Year 20 12 �.Department nt of Labor C)CD Summary oWork-Related tjuie a Illnesses C) xv'mvnaarmas+wamnxnns tnM mRem a�w•snum�marem a+m.:na.mmnu+vaawns^.imurm.m�mnvnrr wn..rava+ a a nrseaw�u+t rsuvaaonmoesu�u�wnoxe�+;ro ounvm axswuorwsers+aw.,>r�U wu¢,xeasia ee�emmI firs¢-n3 m W n All esisb5s17menfs covered by Part 1904 mast complete This Summary page,tratrr 9 n w0d.-m Wed injuries or illnmes occurred during the yea:Remember to reviewlfre Log rr li fo verity that the entries are complete and accurafe before completing this slrmmary. w Using the Log,count The indrvidLet enitlw you made for each calegwy.Then write iris rorats below,making surd you m added the entries from every ptga of the Lop.f1 you EslabHshment frdormatltrrr M had no cases.v4e•o., r«,..*1,.Wkrtm.d n_Racanelli Construction South m Employees,farmers W employees,2ndlhob r�resentativas have the Jet to taste-w the OS1dfi Farm 3fi0 in ils entirety.They assts have lfrnrTod access to the 0,49 Form 309 or its equivalenL See 29 CPR Part 1909,35,in OSHR's recordkeorig rule,for Irutimrdai is on ft access prow stirs for Giese forms. stma p sir; Apex st. NC zlp 27502 00 CD tb W Total number of Total number of Total number of Total number of mducay dcYCren"0(c., o o rarro(,rraorrnrc4 w tin) w General Contractors Commercial Construction � deaths cases with days cuestvith job other recordable C71 away Eorn work tramfcr or restriction cases Stm hrdlndastr alCLnsiFcatiwr{SIL�,i(kn nvet(e4.,3715) m M 0 fl fl fl _t 5 4 2 ° OR fJorHt 336212) Am�icut ludtutriLLal Ctsssifiation!NAIL;.$},ifknown(e.B., Employment Information(IfpndviI haw dtafrn, Toctlnumberofda ya away Total number ofdaysofj pb rerrhr Wo kdrnr on the ba&,f this per to ttuwxff J from work transfer or restriction Annl21 avcagcnuinlxr ofrtnptoycrc 5 0 p 6806 "Ibut hours wwked by all m7pioym rase year (K) {L) Sign heir Knowingly fshifying this document miry result in a fine. Total number Of... (ha) a fl (1)17tjurics (4)Poisonings I certify that I haslc f.'�ni d this document and that to ncu bcn of my (5)Hearing loss � knawtedgc rtrics2 true, rate,and comploc. r (2)Skin disorders fl (e)All other illnesses fl (3)Respiratory condi£rorm fl t 9197 363-360Q 1;4113 - pact this Summary page fraett February f to Aprif 00 of fhe jfear feRowlhg tbv year eovOmd by the form. P.W1,ropvmryr burden fu,Ihu wikttloo of information yesfimatad 1.ava.gn56 adsan•,per 7tspome,kuludtnl{tinMio rtnje.the 1mr,vrmn4 uvreb amly.4rtr+lx dw.needed.uns eur,pinR.ad 7nhew 7M w]teUfors of irJo'm.uon.i@rsoas>te w rN i,rd to respond w the uallttdon of Wfo7mWfoa unlar a dieplry.n aarudy eaDd OMB—..I'"I'M tr you h—'my eammenu shout share a�tim.tc.or.ray oJ+or..pacts ntrhN d.r.edleetion,.aofaco L>,DetwtnxN or,&or�OSHA f)fl1m of Staiukd MdyaG M'nrn N-3a44.70P Caneuluttan A.W, Wudungfun.OC 217220.D.ra.ond tfu•wmpfn d forms w tbl..01— DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I i � Archi W� i Insurance Group November 12, 2014 Re: Principal : Racanelli Construction South, Inc. To Whom It May Concern: RACANELLI CONSTRUCTION SOUTH, INC. is a highly regarded and valued client of ARCH INSURANCE COMPANY. ARCH INSURANCE COMPANY have supported RACANELLI CONSTRUCTION SOUTH, INC, on single contracts In excess of $20,000,000.00 and aggregate of $40,000,000.00 with availability capacity of $35,000,000.00. Accordingly, we would anticipate no difficulty in arranging for the customary Performance and Payment bonds on future projects. Naturally, the execution of any final bonds would be subject to, but not necessarily limited to receipt and favorable review of all contract terms and conditions, bond forms, confirmation of project financing and all current underwriting information needed at the time of the request for bonds. This letter is not an assumption of liability, nor Is it a bid bond or a performance bond. It is Issued only as a bonding reference requested from us by our client. Arch Insurance Company is listed on the U.S. Department of Treasury's Listing of Certified Companies and has an AM Best rating of A+, Financial Size Category XV. Arch Insurance Company is licensed to do business in North Carolina. If we can provide any further assistance, please do not hesitate to call upon us. Very truly yo , Arch Ins nce Co p sa u I , Att me - act . One Liberty Plaza,Floor 29,New York,NY 10006 DocuSign Envelope ID:29F350EB-0553-4EEB-BD97-898B3775EE03 , I !_.. . . -.., .1.-,4_',-*...'.�:_'. - ..- . _ . , , __; ��Me�lr_jyvb,"�"_ .*�..... : .... .:. :....... 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I _ . .- ....__ - ...- . _.- - .. . i . , - .-,. - . -.---,- �_. . . - .. .�_ - - - . . .. ..� _- ,--..-.. - .... -,. - _... _ ... � ....,.,.___. , . .. _....'_.... "..'_'.... __ '. _.. - . . _ . - . - :� . - - _,.._._..._ - ... ... ,�. . . -.-. , . ,_..... ., . . . . ; . . . _ _�____ . - . . ... ...... . _ i .. . _ .. . ., . - ...- . ... . ... - ,. . . ., . . . .. � . . .. - , . . -.- .. . . .. . .. � . . .. _. .. - . . . . . . . .. .- _ '. ... .. � .- . . . . . _. , . . _. . . .. ; DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 AIC 00001$0490 In Tesfimony Whereof, the Company has caused this'instrurnent to be signed and Its corpot'ate seal to be affixed by their authorized officers,,this 23`-dayof Le ember;2014: Attested and-Certified Artr#i inst tat ceCantpany _ Patrick K. :M:. e.steir�,ExeGUtiva Vloe President STATE OF PENNSYLVANIA SS .;' CUU4 YdJ`PkA*Di nLPHiA:SS . 1, Helen Szafran, a Notary Public,'.do.hereby cert9-that:Patrick K. Nails and.Nvld M. Finkelstein personally known to me-to be the . same::persons whose names_'are:'.respectlyely. as;$eOk-ory. and xeGU#ive Vice President.of the Arch insurance Company, e Carpdra #tan otgar�ized'and azis£ing under tfie`ta�vs of the Mate of�Yiri�svhsariled tti theRaregi�ii�irtsttrttr}tertt,appeared bs#ore the this day°In person'end severally acknowledged that they.baing thereunto duly authorized signed, corporate seaVand deNuered the said instrument as the frea and voluntary act of said corporation and as their.own free and voluntary acts'for the uses and purposes therein set forth. elertSsafrart, �tarjf aizli :... MY>Co.i.n rltes€ort xgiros.14f4 017• Gt*RTlFICATICIN .-. . .. 1,F?atricli:.K:NalEs;: trot y:of tf e Arch:Irisueance:Gem any-dti;herekry catttt that the attached Pinter.of R�#tomay daied tsttt6e on'.behalPo#the persost;'A -as llsted above fie a try and.correct copy anct that tito.--4 atrta ids tsaet i f alt fQrcp-at�d effebt giliaa the date theraof arrtl Is in full f6i.i6 and effeC oti`thB date of this'dertl�iCat:,and 1_do furthif." at11ho aaid•Gavid'WFink81i9teln, who exeouted the Pawar.of Attorney n Executive Vice President was tin the date of executes elf tila;a#faoh�d F�ra�viee of Attorney thw� duty elected i;xecutive Vice President of the Arch Insurance Company. 'tN T�S"rttvl�3t�V'�1.1El��iM,'l h&ve ttereEm#asubsc�ibr�ti rill nair�efts:effocad t�eorpwtate:.ses_is tif,tbe;�rtctx lnsurartce.C.acr�pany an thlsi_�_ day of':: .: - �--�- Patrick,.K.N61 s;.Seoretary This Fowar of Attorney fimits the eats of those named fhareln to the bonds end unr#�iffngs s'p&cifleally nainad Herein acid they have no authority to bind the•Compeny:except'inthe mannar and to::tha ezteM.herein•stated. . EEL1 NIO.THM— AD TO HE OwC :l06gPEASE SFU AM GLAtM IN l S: Arch Mstirah -Surety,blwmi)n.. 3 Parkway;Suite OOMLOI3 00 03 03 Page 2 f:`2 .Printed in U:S'.A: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i AIC 0000130490 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 2 day of September,2014. Attested and Certified Arch Insurance Company SFAL Y Patrick K,Nails,Secretary David M. n e stein,Executive Vice President STATE OF PENNSYLVANIA$S Walk COUNTY OF PHILADELPHIA:SS 1, Helen Szafran, a Notary Public, do hereby certify that Patrick K: Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organlzed and existing under the laws of the State of Missouri,subscribed to the foregoing Instrument',appeared before me this day In person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said instrument as the free a)id voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth, Vm N ULI elan Szafran, fury 6151i My commission expires 10103/2017 I CERTIFICATION 1, Patrick K.Nails;Secretary of the Arch Insurance Company,do hereby certify'that the attached Power of-Attorney dated September 23,2014 on behalf of the person(s)as listed above Is a true and correct-copy aridihat the'-same has been in full force and effect since the date thereof and is in full force and effect on'the date of this certificate;and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President,was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, t have hereunto subscribed my name and affixed the corporate seal•of the Arch Insurance Company on this_ _ _ day of Patrick K.Nails,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind.the Company except In the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance--Surety_DIvision 3 Parkway,Suite'1s00 , Philadelphia,PA 1002 # M y SEAL 7971 ors# i i OOMLOO13 00 03 03 " Page 2 of-2 Printed in U.S.A. 1 I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i I I s i ACKNOWLEDGMENT OF SURETY COMPANY STATE New Yc:k pp STATE Ole' r..♦k.r..r....T...•rt� 89 COUNTY OF ...MIS,18.91 On tkis. NOVEMBER 12, 20'14 ,.,before me personally came,sysAN s uPSxz to the know,who,being by me dly swom did depose and say; that he/she resides in NASSAU COUNTY Mate a�;IJEW YQjjl( ftt WShe is the Attorney-In-Fact of the ........ ......., ARCR INSURANC9 COMPANY the corporation described in which executed the above instrument; that he/she knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that is was so affixed by order of the Board of Directors of said corporation;and that he/she signed hisfim name thereto by like order;and the affiant did further depose and say that the Superintendent of Insurance of the State of New York,has,pursuant to Section I I I I of the Insurance Law of the State of New York,issued to..........aRCH MURANCB COMPANY..... . . .... (Sutwq)his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety mud guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. GRACE ACIaRSON Natm Public,State of New York Nassau County ,.... Uc.#61AC6111M Public Yerm Expires June 14,20X4 NY acknowledgment 1 4 (I E I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 I ARCH INSURANCE COMPANY ST_ATEMENT OF FINANCIAL CONDITION December 31, 2013 Assets Cash in Banks $ 113,241,149 Bonds owned 1,730,368,149 Stocks 433,238,605 Premiums in course of collection 251,285,768 Accrued interest and other assets 312,730,603 Total Assets $ 2,840,864,274 Liabilities Reserve for losses and adjustment expenses $ 1,200,735,312 Reserve for unearned premiums 307,521,736 Ceded reinsurance premiums payable 105,942,093 Amounts withheld or retained by company for account of others 188,907,409 Reserve for taxes,expenses and other liabilities 301,130,327 Total Liabilities 2,104,236,877 Surplus as-ragards policyholders 736,627,397 Total Surplus and Liabilities \ $ 2,840,864,274 By: --'C_ Attest: y A . eNor Vice President,Chief Senior Vice President, Financial Officer and Treasurer General Counsel and Secretary State of New Jersey) SS County of Hudson) Thomas James Ahern, Senior Vice President, Chief Financial Officer and Treasurer and Patrick Kenneth Nails, Senior Vice President,.General Counsel and Secretary being duly sworn, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2013. Subscribed and sworn to before me, this L N day of March, 2014 Notary Public + TOWN M.Ketty PUblc stae 3 lNot4TV li fit of New arsay y u.si D3 2AISras Au is i i I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 RACAN-1 OP ID:PON +e✓+eC ' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDJYYYY) 01/30/2015 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(les)must be endorsed. If SUBROGATION IS WAIVED,sub*t 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 CONTACr Patrick O'Neill Robert C.Bill Associates,Inc NAME: 160 Broadhollow Road Suite 307 P He f.631-424-3300 No,:631-427-0105 Melville,NY 11747 IL ADDRESS;ponei ll @robertcbillassociates.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA;Zurich American Insurance Co. 27855 INSURED Racanelli Construction South, Inc. INSURER B; 1895 Walt Whitman Road,Ste 1 INSURER C: Meivllle,NY 11747 INSURER D: INSURER E INSURERF; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY EFF POLICY E INSID D POLICY NUMBER MMIDDlYYYY MMIDDlYYI'Y UMfTS A . X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ; 2,000,00 CLAIMS-MADE T OCCUR X ' X GL06918594-09 01/31/2015 01/31/2016 PREMISES R occurrence $ 300,00 M ED EXP(Any one person) $ 10,0 PERSONAL BADVINJURY S 2,000,00 GEN'LAGGREGA7E LIMIT APPLIES PER: GENERAL AGGREGATE ; 4,000,00 POLICY F-1 JECT LOC PRODUCTS-COMP/OP AGG ; 4,000,00 OTHER: Emp Ben, $ 1,000,00 AUTOMOBILE LIABILITY COMB EpSINGLELIMIT $ Ea acddenl ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS ANDWOMED. PROPERTYDAMAG Peracadern $ 5 X UMBRELLA LIAB L�x OCCUR A EXCESS LIAR CLAIMS-MADE X X UCS918559-09 01/31/2015 01/31/2016 AGGREG OCCURRENCE $ 26,000,06 •DED X RETENTIONS 10,000 WORMERS COMPENSATION $ AND EMPLOYERS'LIABILITY X STATUTE ER A ANY PROPRIETOR/PARTNERIEXECLMVE YIN X C5918595-09 01/3112015 01/31/2016 E•L,EACH ACCIDENT S 1,000,00 OFFICER/MEMBER EXCLUDED? �[N/A (Mandatory lnNH) ELDISEASE-EAEMPLOYE ; 1,000,00 UIfyyas describeunder SG�RIPTIONOF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SAMPLEI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SAMPLE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 {�Uy�r RaeanelQ Consf afIon Soath inc. �d 1001 Pemberton Hitt Rd.,Suite 202 Aped,NC 27502 CCCCpppp ��z c� 6 alwra 1171 UI(e -I U(ar of Z.:aa RLJ I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM ONE ADDENDUM NO. ONE to Contract Documents for r 0 € S t G N CEDAR GROVE COMMUNITY CENTER RENOVATION " ' '` '`' "" Z Date: January 29,2015 6131 Falls of Neuse Rd.,Suite 204 Raleigh,North Carolina 27609 Boomerang Design (919)573-6400 Project No.: 1315 File: B-8.2 NOTICE TO BIDDERS: This addendum is issued pursuant to the General Conditions of the Contract for Construction, and is hereby made a part of the Contract Documents. The addendum serves to clarify, revise, and supersede information in the Project Manual, the Drawings and Addenda (if any),which have previously been issued. It should be bound in the Project Manual for the project. GENERAL: No comments ITEMS PERTAINING TO THE PROJECT MANUAL AND DRAWINGS: See attached addendum No. 1 dated January 29,2015,from Progressive Design Collaborative for items pertaining to the Plumbing Specifications and Drawings. See attached addendum No. 1 dated January 29,2015,from Progressive Design Collaborative for items pertaining to the Electrical Specifications and Drawings. END OF ADDENDUM ONE ©BOOMERANG DESIGN#1315 Cedar Grove Community Center Orange County ADDENDUM#1 01/29/15 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM NO, 7 {PLUMBING) `,;',q MCaf? +p•,�j��r �i DATE,, January 29, 2015 PROJPCT: Orange County Community Center "I _ Cedar Grove ARCH ITECT: Ms.Angie Crawford '4�! - ""•" *` Boomerang Design ENGINEER: Progressive Design Collaborative, Ltd. 290©Rowland Road, Suite 100 Raleigh, North Carolina 27615 PDC PROJECT#13057 The following ilon7s or modifirations to the original Plans and Specifications shall be included as part of the contract work. Afl General Condifion$, Supplemental General Conditions, and Special Conditions are as originally specified. Respective Bidders shall include the provisions of this Addendum in their proposai and shall make a notation in the proposal that these provisions have been included. Changes to Plumbing Drawlnas: Sheet Pool - Ftxture Schedule-Fixture S-1 Revised to include pipe wrap at supplies and trap. Sheet Pi 01 - Demolition Plan-Hose Bibb to be demolished added to}plan at building front. Changes to Plumbing Specifications: • Specification Section 22 13 16- STORM, SANITARY WASTE AND VENT PIPE AND FITTINGS (CAST IRON) to be replaced with Specification Section 22 1316- SANITARY WASTE AND VENT PIPE AND FITTINGS (PVC-DWV) END OF ADDENDUM NO.1 (PLUMBING) Attachments: FULL SIZED PLUMBING SHEETS(2) PLUMBING SPECIFICATION$FCTION(1) Addenrltim No.1(Plun1Cirm.)) Page 1 of 1 January-10,2015 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 SECTION 22 13 16—SANITARY WASTE AND VENT PIPE AND FITTINGS(PVC-DWV) A. GENERAL 1. Provide soil, waste, vent piping, supports and hangers as required for a complete plumbing system. 2. Testing of all piping shall be made in the presence of the Engineer or a designated representative of the Owner. No piping shall be covered or put into operation before such testing has been approved. 3. The arrangement of the piping shall follow the general locations shown on the drawings, such that clearances, line drainages, etc. shall be maintained. B. PRODUCT 1. Building sanitary sewer and vent lines, exterior and interior, shall be Schedule 40 PVC-DWV ASTM D-2665 and ASTM D-1785 soil pipe and fittings with solvent-weld joints. No waste or vent lines less than 2"shall be installed underground. No foam core PVC will be allowed. 2. Joints shall be made water and gas tight in accordance with manufacturer's recommendations. 3. Soil,waste and vent piping shall be supported as specified in Specification Section 22 05 29. C. EXECUTION 1. "T" branches shall not be used in drainage piping, and sanitary fittings shall not be used in vent stack. 2. In pipe chases,the Contractor shall provide for suspension of all piping from the structure. Do not allow piping to rub against masonry when expanding and contracting. 3. Close and protect open ends of piping until final connections are made. Such closings shall be made with fittings which cannot be easily removed. Caps or plugs shall be required at all times during construction so that no pipes are left open at the end of any day's work, even though continuation is expected the next day. 4. Any leaky joints shall be remade with new materials. 5. Sleeves shall be provided wherever pipes pass through walls, floors and ceilings. Sleeves shall be Schedule 40, black steel, 1/2" in diameter larger than the pipe or insulation on the pipe. Sleeves through floors shall be caulked, made watertight,and fire sealed. 6. Pipe joint compound shall be in accordance with ASTM#D-2564. 7. Waste and vent piping shall be hydrostatically tested at each floor. A test tee will be installed below each floor and pipe will be filled with water for a height of 10'above finished floor. The pipe shall be gas and watertight. Water shall stand in the system for a period of 30 minutes without evidence of leakage.After the waste and vent piping has been hydrostatically tested for the entire system the piping shall be smoke tested using smoke bombs.The contractor shall plug waste line where it exits building, fill all of the traps with water and test the waste and vent piping by using a smoke bomb in a wall or floor cleanout. He shall install a plug on the cleanout once the smoke bomb has been dropped into the cleanout. The smoke bomb test shall be held for thirty minutes without evidence of leakage in the piping. The smoke bombs for this testing shall be furnished by the contractor. Once the testing of the ©BOOMERANG DESIGN#1315 221316-1 Cedar Grove Community Center Orange County 11/11/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 SECTION 22 13 16—SANITARY WASTE AND VENT PIPE AND FITTINGS(PVC-DWV) piping has been completed, the contractor shall flush all of the smoke bombs from the waste piping system. 8. All piping and equipment installed under this Contract shall be tested in the presence of the Engineer and the proper Plumbing Inspector, and proved tight for the periods stated above, or longer if required by the Inspector. 9. The test shall be administered in sections if deemed advisable. 10. No plumbing system or part thereof shall be covered or concealed until after it has been tested and approved. 11. If such work has been covered or concealed before testing, it shall be exposed for testing. 12. The bottom of all pipe trenches shall be a minimum of 1.25 times the outside diameter of the pipe plus 12"(a 6" pipe would require a 20"trench bed)or the pipe's outside diameter plus 16". 13. Trench beds shall be firm, even and free of rocks and any other material which may damage the pipe. In rocky soil, trench bottom shall have a 6" bed of compacted backfill. 14. After the pipe is installed, tested and inspected, backfill shall be installed and compacted. Backfill material shall conform to ASTM D-2371 Soil Class III. Backfill shall be installed, compacted and tested in 6"layers up to 12"above top of pipe. Backfill shall continue in 12"layers to finish grade. 15. Backfill shall be compacted in accordance with Specification Section "Earthwork", unless noted otherwise in this section. 16. The Plumbing Contractor shall have each layer of compacted backfill tested by an independent testing agency. A copy of the reports shall be provided to the Architect and the Engineer. 17. Waste lines below grade shall be separated from any water line by a minimum of 10'-0" horizontally. Below ground waste lines which cross below a water line must be separated from the water line by a minimum of 18" vertically. If a water line must pass below a waste line, both lines shall be constructed of a ferrous material to a point of 10'-0" on either side of the intersection, with an 18"vertical separation. Below ground waste piping shall be separated from all other below ground piping by a minimum of 12"of vertical separation. 18. On building drains and building sewers 4" and larger, the Plumbing Contractor shall install a pull cord at a maximum of 200'-0" intervals for deflection testing. The deflection testing shall be performed prior to the floor slab being poured. The maximum allowable deflection shall be 5%. The test shall use a minimum 9-pronged mandrel, pulled through the pipe. The mandrel size shall be calculated as follows: 1 - .05 x inside diameter of pipe. 19. The contact length of the mandrel shall be 2" minimum. 20. The Plumbing Contractor shall provide all required mandrels for testing. The Plumbing Contractor shall notify the Engineer to witness the testing of deflection. 21. Any piping not passing the deflection test will be removed and reinstalled by the Plumbing Contractor at no additional cost to the Owner. I END OF SECTION 22 13 16 ©BOOMERANG DESIGN#1315 221316-2 Cedar Grove Community Center Orange County 11/11/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM NO.1 (ELECTRICAL) DATE: January 29,2015 L5 err �Eh PROJECT: Orange County Community Center ? t U�;84;� Cedar Grove f ARCHITECT- Ms_Angie Crawford r"�,��� ""' LD , Boomerang Design rlr�riirr+++ti''� i-24_1j ENGINEER: Progressive Design Collaborative, Ltd, 2800 Rowland Road, Suite 100 Raleigh,North Carolina 27515 PDC PROJECT#1 3057 The following items or modifications to the origirrnl Plans and Specifications shall be included as part of the contrnrt worts, Ali General Conditions. Suppiemental General Conditions,_ and Special Gondittons are as origlnafly spnclfied. Respective Bidders shelf include the provisions of this addendum in their proposal and shall make a notation in the proposal That these provisions have been inrfrudod. Chanties to Electrical Specifications: 1. Specification 26 67 79—Sound System (Gym) • Delete this specification in its entirety. 2. Specification 26 05 19—Wires and Cables Clarified that aJl conductors are to be copper,unless otherwise specified as aluminum on plans. Changes to Electrical Drawings: Drawing E001 • Clarified symbols • Deleted symbols • Revised light facture type TO Drawing E003 • Revised multipurposelstage sound riser. Drawing E005 • Revised power riser I Drawing F201 • Revised track lighting and exerciselstage 1101. • Added exit signs. Addendum No I(Electrical) Page 1 of 2 January 29,2015 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Drawing E501 + Revised conduits on site plan. ■ Deleted: Notes 2 and 3 ■ Revised: Notes 1, 8,and g. Dr8wing E601 ■ Revised Panel Schedule KPI, G, D, B. EM, MOP. END OF ADDENDUM NO.1 (ELECTRICAL) Attachments; Electrical Drawings(7) Addendum No.1 (tleGrlcaq Page 2 of 2 January 29,2015 cn FIXTURE SCHEDULE GENERAL NOTES SYMBOLLEGEND b&6m&ra0ng%, 11 < ",'a, Wg (D =Z=7 0 (D RECtRCU—C PUMP(RP-1) DETAIL 06 -n 0 m C) NZC AUDI 11U 26(F)(I) Cn PROORES" 2 COLLABOPAnvg m m co 00 co 00 I—---- ------- --- Ou DETAIL 06 CONNECTION SCHEDULE m 0 F— m, L-7.7—j N.F C AAfICLE 116-26 DETAIL 05 CEDAR GROVE COMMUNITY CENTER LOAD SUMMARY DETAIL 06 WATER HAMMER ARRESTORS -77 vrntrrcw 131S ILM24 N=: SYMBOLLEGEND 's,7 4=C- FIXTURESCHEDULE NOTES&DETAILS TYPICAL EQUIPMENT CONNECTIONS II DETAIL 06 RETAIL 04 DETAIL 03 RETAIL 02 DETAIL 01 Pool ft w.n 0 0 boomerang nu kpvw...v° < O N W Do I o pdc cn _ ® a exoaa� o ,s n .�.. eu , .. . u, ES*r+ w m ®k ® Wr ." w .rmv.ww° mwwwawc eoc.�mo- l © 9a w t� fir' m °. ---..---- ® s �w W ® m m CEDAR GROVE 6t t � __ I COMMUNITY CENTER �~ 1 ilk liif _� - «o --- -------- - ------ ----- - - FJ KEY PLAN — _ ®° >I , CD i.._. .- ----- ------- _..._ _ __....--- ---------- ' -. -T -------- ._._.. i PLUMBING ,h— --- - --- •* DEMOLITION o-P�_a, oFMOmo�_Fla".F�oa P101 cn FIXTURE SCHEDULE DEMOLITION SYMBOL LEGEND GENERAL NOTES SYMBOL LEGEND 'a b66m--&an 2 0 0 '=.r (D (D 0 ® W14--Ar rm=wzw.,— 9&Tff.!n--a °x co (D -n C %mt,Rg,-- T m 0 C) _jp =a Ft PAOGREmMDESIGN =—=2r mupao� m m Do gwz OOL 00 co W 00 Do wwr- (D (D m m 0 (D CEDAR GROVE COMMUNITYCENTER SYMBOL LEGEND os 5,kiW ==B-4 Z —M ——— — — gp- ILIJ.14 =ZZ.— ELECTRICAL SYMBOLS FIXTURESCHEDULE If GENERAL NOTES ELECTRICAL DETAILS RECEPTACLE GROUNDING DETAIL 01 E001 NFPA 72 AND ADA DEVICE (C) SYSTEM INPUTS 0 ID F7RE_�M DWCE MO 01 JENIN 00 co Do CEDAR GROVE COMMUNITYCENTER IT 11 1.14W. FIRE ALARM RISER FIRE ALARM MATRIX . .~~~~~~~~RISERS ^ FIRE ALARM RISER & OPERATIONAL MATRIX E003 u � cn b66m'-Jngs,M (D 0 (D EW9 n 0 m 0 pd ' - l _I �. ci PROGA62S DOrN —collleoAmwA W LOAD SUMMARY 02 00 00 m cil a Wit........................ WoW� m 0 ............ .................. ................... CEDAR GROVE COMMUNITY CENTER seas u,¢rv�ymyy ................. ....................... ............ 01 lAss C) POWER RISER LOAD SUMMARY POWER RISER 01 E005 0 0 WALL RATINGS LEGEND boomerang I __:_:__� .o I —__—�__— .N.AE.no p i F - / Cn 1 1 PENIREO: E1t19NN040HNN0IN IXIeNNO UONNNOIN ROOM IXLSNNO40HNN0M ROOM I"- -- ��± - -W r -�'-y.�y - - ��W NI HAIL=- - �I BF EDSACK EW am b.lrit P...ew,m REWiP TON I ee RelMRE06ACNTO BE PEWRKTO ILA� PAN6 NEW PANEL'C PANFI C• PANELS• I f _ Imn�.t,�ro�-.n m FD Bnc m Oi ra.envn°axnrn �^�m"°�'q�lu W PAL' i _ P �� mz 60 i "�-'--i- ,-+� —�I_1 7 -i�-�. O• m'nowarawRr.cv.muwru.umA uoww.v....mow. 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Y�■r • 'JIGl'9�FS`7=tltl tlV_"li! ■■ Itl� �r uvea rna r� MZrrautl s•••••• •']lirIDl4l 91A�.rR.•.Y7 ME=LL:S!_�o ■■ li:x?Ltltltl tltltl)+i:i� .�{!•}I,y{! tltl HnvtuLnRfLRnCra Ytlr mtl tltltl&^.L�� ■■ '. •1[ C1t6FS1 l��u�ltltltl DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM TWO ADDENDUM NO.TWO to Contract Documents for boomerang b E S I G N CEDAR GROVE COMMUNITY CENTER RENOVATION Date: February 6,2015 6131 Falls of Neuse Rd.,Suite 204 Raleigh, North Carolina 27609 Boomerang Design (919)573-6400 Project No.: 1315 File: B-8.2 NOTICE TO BIDDERS: This addendum is issued pursuant to the General Conditions of the Contract for Construction, and is hereby made a part of the Contract Documents. The addendum serves to clarify, revise, and supersede information in the Project Manual, the Drawings and Addenda (if any),which have previously been issued. It should be bound in the Project Manual for the project. GENERAL: See Attached minutes from the Pre Bid Conference See Attached sign-in sheet from the Pre Bid Conference The Contractor awarded the work will be able to utilizing the existing utilities at the Cedar Grove building. The Owner will pay for the utility charges. Contractor's shall use the State of North Carolina Hub Vendor list when looking for HUB subcontractors. Orange County does not have a separate HUB Vendor list. Owner will have the Cedar Grove building open on Monday Feb. 9th and Tuesday Feb. 10th from 10 am — 2 pm for interested bidders to study the existing facility and renovation documents. ITEMS PERTAINING TO THE PROJECT MANUAL: Section 00 0110—Table of Contents:See revised renaming section 00 43 93 as"Bidder's Checklist" Section 00 43 93—Bidder's Checklist:See revised section adding"Contractor's Safety Record" Form as a required attachment to your bid. Section 00 72 00—General Conditions: Add the following items: 13.19 Contract Time—The Contractor shall commence work to be performed under this Contract on a date to be specified in a written order from the Contractor Officer; and shall fully complete all work hereunder within Three Hundred (300)calendar days following date of said order. For each day in excess of the aforementioned number of days,the Contractor shall pay to the Owner the ©BOOMERANG DESIGN#1315 Cedar Grove Community Center Orange County ADDENDUM#2 02/06/15 I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM TWO sum of Two hundred fifty and no/100($250.00) Dollars as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner by reason of failure of said contractor to complete the work within the time specified,such time being in the essence of this contract and a material consideration thereof. Revise the following item: 6.2 The Contractor shall submit to the Designer all Submittals required by the Contract Documents.The Contractor shall submit all shop drawings electronically to the Architect. Only those items requiring a finish or color selection shall be submitted to the Architect in hard copy format.All shop drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval before being forwarded to the Designer.Submittals shall be submitted in such time as to cause no delay to the Work or any part thereof and in accordance with the Contract Construction Schedule and Submittal Register.The Designer shall review the submittal with reasonable promptness, noting desired corrections, if any.The Designer shall return the reviewed submittal to the Contractor electronically for action.The Contractor shall furnish any corrected submittals to the Designer.All substitutions prior to the receipt of bids shall be in accordance with the Contract Documents. Refer to Instructions to Bidders,Substitutions. The Contractor acknowledges that the processing of shop drawings and other submittals is directly impacted by the clarity,completeness,and accuracy of said documents and that it is the Contractor's responsibility to(i) review and coordinate each submittal with all other related or affected Work and (ii)approve each submittal before submitting same to the Designer for approval. All submittals required by this Subsection shall be made electronically. END OF ADDENDUM TWO ©BOOMERANG DESIGN#1315 Cedar Grove Community Center Orange County ADDENDUM#2 02/06/15 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 MEETING MINUTES t boomerang D E S I G N rethink,repropose,results Pre-Bid Conference Cedar Grove Community Center February 4,2015 boomerang Design No.:1315 File No.:B-8.0 Welcome to the mandatory Pre-Bid Conference for the Cedar Grove Community Center Renovation project.The scope of this project consists of a+/-30,000 sq.ft. renovation (15,000 sq.ft, community center and 15,000 sq.ft.of storage). Call to Order • Commence meeting. • Circulate sign-in sheet. • Introductions of Owner and Design Team. Bidding Schedule • Substitution Request Deadline: Monday, February 9, 2015 5:00 p.m. • All Substitutions must be electronically submitted by a prime contractor. • Complete the Substitutions form in its entirety so we can effectively evaluate the request for substitution of a product or additional manufacturer. • All accepted requests will be included in a future Addendum. • Addendum: • Addendum#1 was issued on January 29,2015. • Goal is to issue the final addendum 7 days before the receipt of bids; however,this is contingent upon early contractor review of the documents. • Minutes from today's meeting and the sign-in sheet will be issued in a future addendum. • Bid Date:Thursday, February 19,2015 at 2:00 pm. at 131 West Margaret Lane, Room 004, Hillsborough NC. • Do not be late. Bids will not be accepted after the 2 p.m.deadline. • Bids will only be accepted by a prime bidder who attended today's meeting. • The bid clock will be determined by a Verizon Cellular phone. • Construction Duration:300 calendar days from the Notice to Proceed to reach Substantial Completion. Bidding Procedures • All documents(plans,specs,addenda)will be issued electronically. Contractors can print sets at their own cost if needed. o Complete plans and specifications for this project can be obtained from Boomerang Design RaleighBids @thinkboomerang.com. Once received, a reply email with a link to download the project drawings and specifications will be sent. • Bids will only be received by prime(General)contractors who have attended today's meeting. • Section 00 2113—"Instructions to Bidders" o Refer to this section for further information on the Bid Proposal and Bonding information. • Use only the Bid Form provided in the Project Manual. o You must complete the Bid Form in its entirety. • Attachments to the Bid Form o "Form of Bid Bond" thinkboomerang.com DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ■ Your Bid Bond must be attached to the bid form in order for your bid to be read at the bid opening. • "Minority Business Participation Affidavit" (goal of 10%or more) • Bid Form Supplements • Alternates • Allowances • Unit Prices • E-Verify Affidavit • Contractor's Safety Record Information • Alternates: Owner's preferred brand alternates. • Per GS 133-3 Owner would like to bid preferred brand items in keeping with the County systems and operations. Items include: • Alternate No. 1: Mitsubishi mechanical components to Align with Owner provided components described in Division 23. • Alternate No. 2:Site Improvements shown on the civil drawings • Alternate No.3: Demo existing doors and hardware in the storage wings and install new doors and hardware as indicated in the documents. • Alternate No.4: Demo existing window frames in the storage wings and provide new window assemblies as indicated in the documents. Permits • The General Contractor is responsible for securing and paying for all permits per the General Conditions. • Orange County Building and Zoning:The County has reviewed and commented on the documents for permit approval. Revised documents were sent in this week incorporating all of the County's comments. • Orange County Planning:Approved with conditions.Should be submitting revised documents incorporating all comments soon. • NCDENR • Driveway permit-Approved • Erosion Control—Approved. Construction Overview • The Owner is will begin a re-roofing project at the site beginning Monday, February 9th with Muter Construction.The re-roofing contract is 60 days in duration. The Muter Construction will begin over the center section (community center) and then move out towards the wings..Any work that affects the roof must be performed by Muter Construction who is performing the re-roofing work in order to maintain the warranty. • The Owner is handling all abatement work separately from this construction contract.The abatement work excluding the windows associated with Alternate No.4 will be completed prior to the NTP for this project. Abatement work associated with Alternate No.4 will be handled by the Owner but need to be incorporated into your schedule if the alternate is accepted. • All construction documents except for items requiring color/finish selection will be transmitted electronically via Boomerang Design's Newforma system. 0 0 c Cn cam' m m Project: Cedar Grove Communit y Center 4 m Meeting: Pre Bid Conference boomerang ,-,,-,,,4 o Date: February 4,2015 @ 2:00 p.m. D e s I G N rethink,mp.,,P—e,results t Location: Cedar Grove Community Center 0 m W Sign-In Sheet 0 tr Name Company Email Phone# Andy Ward DW Ward Construction Co,Inc. andv @dwward.com 919-477-0471x103 m W Josh Hyler HM Kern Corporation ihvler @hmkern.com 336-668-3213 M Mike Schultz Bar Construction,Inc. Ismith @barconstruction.com 336-274-2477 Michael Hurt Danco Builders,Inc, mrose@dancobuilders.com 252-443-0735 00 0 Alan Kozar Riggs Harrod Builders,Inc. akozar @riggarrod.com 919-687-0111 W sh John Muter Muter Construction imuter @muterconstruction.com 919-404-8330 Benjamin Lockhart ASJ Wilson Construction,LLC ben @asiwilsonconstruction.com 336-272-7722 m m John Cooper Southeastern Properties john.cooper@southeasterncompanies.com 919-799-3051 ° w Ron Kiser S&S Building Development rkiser @sandsbuilding.com 336-808-1328 Reubin Gillis Resolute Building Co bids @resoluteinc.com 919-933-1000 Ed Dreyer Racanelli Construction edrever @racenelliconstruction.com 919-363-3600 McKeether William Burney+Burney Construction mckeether @embargmail.com 252-752-8000 Buddy Yates Horizons East Building Co buddy @horizonseastbuildiy.com 910-330-8371 Eric Ward Horizons East Building Co 910-538-2741 John Conklin Carolina Sunrock iconklin @thesunrockgroup.com 919-575-3857 Robert G Hart Honors Contractors,Inc. rhart@honorsgc.com 919-593-8089 Chris Hoover WC Construction Company,LLC chrish @wcconstructionco.com 336-721-3420 Mike Cotterman Metcon mcutterman @metconus.com 919-703-8288 Scot Thompson Pro Construction probid @proconstruction.com 910-455-0647 Jim McLurin Lomax Construction mharrell @lomaxconstruction.com 336-992-7000 Ron LaPann Warren Hay Mechanical Contractors,Inc. ron.lapann @warren-hay.com 919-732-4362 Steve Carroll Central Builders Inc.of Mebane steve @centralbuildersinc.com 336-227-4551 Steven Schumaker Kenbridge Construction estimating@kenbridee.com 434-676-8221 Alex Herndon Bordeaux Construction estimating @bordeauxconstruction.com 919-220-1141 Mark Duncan Legacy Building Co,LLC mduncan @legacy-building.com 336-592-3226 Alex Novicki AB Goodrich Contracting,LLC anovicki @abgoodrichcontracting.com 919-828-6609 Darren Smith Blueridge Enterprises,Inc. general @bre-inc.com 336-789-2134 Patrice Gilmore Holt Brothers Construction pgilmore @holtbrothersinc.com 919-787-1981 Brandy Oldham ICTI Consultants boldham @cti-consultants.com 919-687-4129 0 0 c Cn cam' m Aric V.Geda Summit aricgeda@summitdc.net 919-800-9093 m Michael Mangum Mangum Custom Window Designs mangum879 @gmail.com 919-884-1107 -°o CD Joe Poole Wayne Poole,Inc. iwpoffice @iwaynepoole.com 336-275-1611 0 Joey Glenn Kelly Commercial Glass Company,Inc iglenn @kellycommercialglass.com 336-375-9926 ry CO Richard Zawbrana Eastern Insulation Masco richard.zambrana @mascocs.com 919-452-8596 w cn 0 m Steve Wilt Boomerang Design swilt @thinkboomerang.com 919-573-6414 0° Grace Wallace Boomerang Design gwallace @thinkboomerang.com 704-731-7028 C-n Angela Crawford Easterday Boomerang Design acrawford @thinkboomerang.com 919-573-6403 Scott Ennis PDC Engineers scott @pdcengineers.com 919-790-9989 m m Heather Rhymes CLH Design hrhvmes @clhdesignpa.com 919-319-6716 00 W 0 0 00 0 00 W w cn m m 0 w DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 00 01 10 TABLE OF CONTENTS 0001 01 Cover Sheet.................................................................................................................................0001 01-1 to 00 01 01-1 0001 07 Seals Page...................................................................................................................................0001 07-1 to 00 01 07-2 0001 10 Table of Contents........................................................................................................................0001 10-1 to 00 01 10-4 BIDDING AND REQUIREMENTS 0011 13 Bid Advertisement for Publication.................................................................................................0011 13-1 to 00 11 13-1 0021 13 Instructions to Bidders..................................................................................................................0021 13-1 to 00 21 13-1 0031 00 Information Available to Bidders...................................................................................................0031 00-1 to 00 31 00-1 00 40 01 Contract and Administration Forms..............................................................................................00 40 01-1 to 00 40 01-1 00 42 13 Bid Form—Single Prime(All Trades)Contract)...........................................................................00 42 13-1 to 00 42 13-2 00 43 13 Bid Supplement—Form of Bid Bond............................................................................................00 43 13-1 to 00 43 13-1 00 43 21 Bid Supplement—Allowances......................................................................................................00 43 21-1 to 00 43 21-2 00 43 22 Bid Supplement-Unit Prices.......................................................................................................00 43 22-1 to 00 43 22-3 00 43 23 Bid Supplement—Alternates........................................................................................................00 43 23-1 to 00 43 23-1 00 43 39 Minority Business Participation—Guidelines and Affidavits..........................................................00 43 39-1 to 00 43 39-1 00 43 80 E-Verify Affidavit...........................................................................................................................00 43 80-1 to 00 43 80-1 00 43 81 Contractor's Safety Record Information.......................................................................................00 43 81-1 to 00 43 81-1 00 43 93 Bidders Checklist.........................................................................................................................00 43 93-1 to 00 43 93-1 00 62 76 Sales/Use Tax Certification..........................................................................................................00 62 76-1 to 00 62 76-3 00 63 11 Bidder's Request for Interpretation Form......................................................................................00 63 11-1 to 00 63 11-1 00 63 13 Contractor's Request for Interpretation Form...............................................................................00 63 13-1 to 00 63 13-1 00 63 25 Bidder's Request for Substitution Form........................................................................................00 63 25-1 to 00 63 25-2 00 65 14 Certification of Non-Use of Asbestos Containing Products...........................................................00 65 14-1 to 00 65 14-1 00 65 36 Contractor's General Warranty/Certification.................................................................................00 65 36-1 to 00 65 36-1 00 72 00 General Conditions of the Contract .............................................................................................00 72 00-1 to 00 72 00-1 00 73 00 Construction Contract..................................................................................................................00 73 00-1 to 00 73 00-1 0091 13 Addenda.......................................................................................................................................0091 13-1 to 00 91 13-1 DIVISION 01—GENERAL REQUIREMENTS 01 0000 Summary......................................................................................................................................01 0000-1 to 01 0000-2 01 1410 Work Restrictions.........................................................................................................................01 1410-1 to 01 1410-1 01 21 00 Allowances...................................................................................................................................01 21 00-1 to 01 21 00-3 01 2200 Unit Prices....................................................................................................................................01 2200-1 to 01 2200-3 01 2300 Alternates.....................................................................................................................................01 2300-1 to 01 2300-1 01 2600 Contract Modification Procedures................................................................................................01 2600-1 to 01 2600-4 01 2900 Payment Procedures....................................................................................................................01 2900-1 to 01 2900-3 01 31 00 Project Management and Coordination........................................................................................01 31 00-1 to 01 31 00-3 01 3200 Construction Progress Documentation.........................................................................................01 3200-1 to 01 3200-4 01 3300 Submittal Procedures...................................................................................................................01 3300-1 to 01 3300-6 01 4000 Quality Requirements...................................................................................................................01 4000-1 to 01 4000-4 01 4201 References...................................................................................................................................01 4201-1 to 01 4201-2 01 51 00 Temporary Facilities and Controls................................................................................................01 51 00-1 to 01 51 00-7 01 5800 Jobsite Sign.................................................................................................................................01 5800-1 to 01 5800-1 01 6000 Product Requirements..................................................................................................................01 6000-1 to 01 6000-7 01 7000 Execution Requirements..............................................................................................................01 7000-1 to 01 7000-4 01 7329 Cutting and Patching....................................................................................................................01 7329-1 to 01 7329-2 01 7700 Closeout Procedures....................................................................................................................01 7700-1 to 01 7700-4 01 7823 Operation and Maintenance Data.................................................................................................01 7823-1 to 01 7823-5 01 7839 Project Record Documents..........................................................................................................01 7839-1 to 01 7839-2 01 7900 Demonstration and Training.........................................................................................................01 7900-1 to 01 7900-2 DIVISION 02—EXISTING CONDITIONS 0241 00 Selective Demolition.....................................................................................................................0241 00-1 to 02 41 00-4 0241 19 Selective Site Demolition..............................................................................................................0241 19-1 to 02 41 19-5 DIVISION 03—CONCRETE 03 30 00 Cast-In-Place Concrete................................................................................................................03 30 00-1 to 03 30 00-10 DIVISION 04—MASONRY 04 05 14 Masonry Mortar and Grout.........................................................................................................04 05 14-1 to 04 05 14-2 04 20 00 Unit Masonry..............................................................................................................................04 20 00-1 to 04 20 00-9 04 72 00 Cast Stone.................................................................................................................................04 72 00-1 to 04 72 00-3 DIVISION 05—METALS 05 40 00 Cold-Formed Metal Framing.......................................................................................................05 40 00-1 to 05 40 00-4 05 50 00 Metal Fabrications......................................................................................................................05 50 00-1 to 05 50 00-6 ©BOOMERANG DESIGN#1315 0001 10-1 Cedar Grove Community Center Orange County 11/11/14 Addendum#2 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 DOCUMENT 00 43 93—BIDDER'S CHECKLIST In an effort to assist the Bidder in properly completing all bidding documentation required,the following checklist is provided for the Bidder's convenience. ❑ Used Bid Form provided in the Project Manual. ❑ Prepared Bid Form as required by Instructions to Bidders. ❑ Indicated on Bid Form the Addenda received. ❑ Attached to Bid Form: Minority Business Affidavit. ❑ Attached to Bid Form: Bid Supplement Form—Alternates. ❑ Attached to Bid Form: Bid Supplement Form— Allowances. ❑ Attached to Bid Form: Bid Supplement Form—Unit Prices. ❑ Attached to Bid Form: Bid Supplement Form—E-Verify Affidavit ❑ Attached to Bid Form: Bid Supplement Form—Contractor's Safety Record oAttached to Bid Form:5% Bid Bond issued by a company licensed in the State of North Carolina OR a certified check for 5%of the bid amount. ❑ Bid envelope shows name and address of Bidder. ❑ Bid envelope shows Bidder's North Carolina Contractor's License Number. ❑ Bid envelope shows Name of Project being bid. ❑ Bid envelope shows Name of Prime Contract being bid. ❑ Bid envelope shows whether Bid is for Separate Prime Contract or Combined Prime Contract. ❑ Bid envelope shows time and day of Bid Opening. ❑ Verified Bidder can provide executed Performance Bond and Labor and Material Bond meeting requirements given in Instructions to Bidders. ❑ Verified Bidder can provide Certificates of Insurance in the amounts indicated in the General Conditions issued by a company licensed in the State of North Carolina. END OF BIDDERS'CHECKLIST END OF DOCUMENT 00 43 93 ©BOOMERANG DESIGN#1315 00 43 93-1 Cedar Grove Community Center Orange County 11/11/14 Addendum#2 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM THREE ADDENDUM NO.THREE z; to Contract Documents for 1 DesieN a CEDAR GROVE COMMUNITY CENTER RENOVATION Date: February 12,2015 6131 Falls of Neuse Rd.,Suite 204 Raleigh, North Carolina 27609 Boomerang Design (919)573-6400 Project No.: 1315 File: B-8.2 NOTICE TO BIDDERS: This addendum is issued pursuant to the General Conditions of the Contract for Construction, and is hereby made a part of the Contract Documents. The addendum serves to clarify, revise, and supersede information in the Project Manual, the Drawings and Addenda (if any),which have previously been issued. It should be bound in the Project Manual for the project. GENERAL: Prebid Sign-in Sheet. The email address listed for Lomax Construction is incorrect. The Prebid Sign-In Sheet is being reissued with the correct email address. ITEMS PERTAINING TO THE PROJECT MANUAL: Section 00 43 13—Form of Bid Bond Delete the section and replace with attached new Section 00 43 13. Section 00 43 21—Bid Supplement-Allowance Delete the section and replace with attached new Section 00 43 21. Section 00 43 22—Bid Supplement—Unit Prices Delete the section and replace with attached new Section 00 43 22. Section 0114 01—Work Restrictions Delete Paragraph 1.1.A.2. Renumber Paragraph 1.1.A.3 to 1.1.A.2. Delete Paragraph 1.1.A.3.c in its entirety. Delete Paragraph 1.2.A. Renumber Paragraph 1.2.13 to 1.2.A. Section 012100—Allowances Delete the section and replace with attached new Section 012100 Section 0122 00—Unit Prices Delete the section and replace with attached new Section 012100 ©BOOMERANG DESIGN#1315 Cedar Grove Community Center Orange County ADDENDUM#3 02/12/15 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM THREE Section 08 33 13—Coiling Counter Doors Delete Paragraph 2.3.A.1 and replace as follows: "1. Fabricate steel hoods,for steel doors,of not less than 24 ga.Thick, not-dip galvanized steel sheet with G90 zinc coating, complying with ASTM A 653." Section 09 65 66—Weight Resistant Athletic Rubber Flooring Add Paragraph 2.1.A.4 as follows: "4. Dynamic Sports Construction Inc., Dyna Tuff M 10 mm." Section 10 22 26—Operable Partitions Delete Paragraph 1.3.A and replace as follows: "A. Sound Transmission Class(STC): ASTM E90, STC to 52 plus or minus 1." Add Paragraph 2.1.A.4 as follows: "4. Panelfold Inc." Section 10 73 04—Protective Covers Add Paragraph 2.1.A.8 as follows: "8. Mitchell Metals." Section 1166 23—Gymnasium Equipment Delete Paragraph 1.1.B.2 in its entirety. Delete Paragraph 1.1.0 in its entirety. Delete Paragraph 1.4.A.1 &1.4.A.2 in their entirety. Delete Paragraph 1.4.8.4&1.4.8.5 in their entirety. Delete Paragraph 1.5.0 in its entirety. Delete Paragraph 1.7.A in its entirety. Delete Paragraph 1.8.A.1.b in its entirety. Delete Paragraph 2.3.E and replace as follows: "E. Basketball Backboard (BBS): Provide predrilled holes or present inserts for mounting goals(Porter 00204-000 with 00326 padding)." Delete Paragraph 2.3.13 in its entirety and replace as follows: "B. Overhead-Supported, Stationary Backstop (BB1) (Porter 90926-000): Complete assembly spanning height indicated on Drawings, including primary and secondary superstructure support framing to building structure, pipe and cable bracing, adjustable hangers, clamps, fittings, hardware, and fasteners. 1. Framing: Steel pipe,tubing, and shapes. Design framing to minimize vibration during play. a. Center Mast: Welded construction with side sway bracing of pipe. b. Dual-Mast Frame Connections: Welded and bolted or clamped with cross bracing. c. Finish: Manufacturer's standard factory-applied, baked powder-coating finish complying with finish manufacturer's written instructions for surface preparation including pretreatment, application, baking, and minimum dry film thickness; black. 2. Goal Height Adjuster: Adjustable from 8 to 10 feet (2.4 to 3 m) with crank mechanism, locking in any position within adjustment range, with visible height scale and finish matching framing. Delete Paragraph 2.3.0 in its entirety. Delete Paragraph 2.3.D in its entirety. Renumber Paragraphs 2.3.E through 2.3.1 to Paragraphs 2.3.0 through 2.3.G. Delete Paragraph 3.2.F in its entirety. Section 12 24 13—Roller Window Shades Add Paragraph 2.1.A.7 as follows: "SWF Contract." ©BOOMERANG DESIGN#1315 Cedar Grove Community Center Orange County ADDENDUM#3 02/12/15 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM THREE ITEMS PERTAINING TO THE DRAWINGS: Civil: See attached addendum dated February 12, 2015,from CLH Design PA for items pertaining to the civil documents. Sheets A001, A002,and A003: General Demolition No 1: Delete the 2"d and 3`d sentences. Sheet A001: See attached Bulletin Drawings ABD-01&ABD-02, dated February 11, 2012. Sheet A102: See attached Bulletin Drawings ABD-03 through ABD-05, dated February 11,2012. Sheet A105: See attached Bulletin Drawings ABD-06 through ABD-09,dated February 11,2012 Sheet A201: See attached Bulletin Drawing ABD-10, dated February 11, 2012. Sheet A405: See attached Bulletin Drawing ABD-11, dated February 11, 2012. Sheet A602: Lower Elevation L3, add note"coordinate louver size with lite opening" at louver. Aluminum Window Elevation AW4, change glazing type for two upper lites to"SG". Sheet 5102: Details 4,5 and 6: Change reference from "new roof deck"to"existing roof deck". Electrical:See attached addendum dated February 12, 2015,from PDC for items pertaining to the electrical documents. Sheet E301: Delete note 32 from basketball goals. END OF ADDENDUM THREE ©BOOMERANG DESIGN#1315 Cedar Grove Community Center Orange County ADDENDUM#3 02/12/15 0 0 c Cn cam' m Project: Cedar Grove Community Center Meeting: Pre Bid Conference boomerang o Date: February 4,2015 @ 2:00 p.m. o e s I G N N rethink,repurpose,results Location: Cedar Grove Community Center w 0 m W Sign-In Sheet Name Company; Email Phone# m Andy Ward DW Ward Construction Co,Inc. andy @dwward.com 919-477-0471x103 m W Josh Hyler HM Kern Corporation ihyler @hmkern.com 336-668-3213 00 0 Mike Schultz Bar Construction,Inc. (smith @barconstruction.com 336-274-2477 (° Michael Hurt Danco Builders,Inc. mrose @dancobuilders.com 252-443-0735 w Alan Kozar Riggs Harrod Builders,Inc. akozar @riggsharrod.com 919-687-0111 W John Muter Muter Construction imuter @muterconstruction.com 919-404-8330 cn Benjamin Lockhart ASJ Wilson Construction,LLC ben @asiwilsonconstruction.com 336-272-7722 m m John Cooper Southeastern Properties 'oi hn.cooper @southeasterncompanies.com 919-799-3051 °w Ron Kiser SO Building Development rkiser @sandsbuilding.com 336-808-1328 Reubin Gillis Resolute Building Co bids @resoluteinc.com 919-933-1000 Ed Dreyer Racanelli Construction edrever @racenelliconstruction.com 919-363-3600 McKeether William Burney+Burney Construction mckeether @embaromail.com 252-752-8000 Buddy Yates Horizons East Building Co buddy @horizonseastbuiIding.com 910-330-8371 Eric Ward Horizons East Building Co 910-538-2741 John Conklin Carolina Sunrock iconklin @thesunrockgroup.com 919-575-3857 Robert G Hart Honors Contractors,Inc. rhart@honorsgc.com 919-593-8089 Chris Hoover WC Construction Company,LLC chrish @wcconstructionco.com 336-721-3420 Mike Cotterman Metcon mcutterman @metconus.com 919-703-8288 Scot Thompson Pro Construction probid @proconstruction.com 910-455-0647 Jim McLurin Lomax Construction mharvell @lomaxconstruction.com 336-992-7000 Ron LaPann Warren Hay Mechanical Contractors,Inc. ron.lapann @warren-hay.com 919-732-4362 Steve Carroll Central Builders Inc.of Mebane Steve @centralbuildersinc.com 336-227-4551 Steven Schumaker Kenbridge Construction estimating @kenbridge.com 434-676-8221 Alex Herndon Bordeaux Construction estimating @bordeauxconstruction.com 919-220-1141 Mark Duncan Legacy Building Co,LLC mduncan @legacy-building.com 336-592-3226 Alex Novicki AB Goodrich Contracting,LLC anovicki @abgoodrichcontracting.com 919-828-6609 Darren Smith Blueridge Enterprises,Inc. general @bre-inc.com 336-789-2134 Patrice Gilmore JHolt Brothers Construction pgilmore @holtbrothersinc.com 919-787-1981 Brandy Oldham CTI Consultants boldham @cti-consultants.com 919-687-4129 0 0 c Cn cam' m Aric V.Geda Summit aricgeda @summitdc.net 919-800-9093 m Michael Mangum Mangum Custom Window Designs mangum879 @gmail.com 919-884-1107 -°o CD Joe Poole Wayne Poole,Inc. iwpoffice @iwaynepoole.com 336-275-1611 0 Joey Glenn Kelly Commercial Glass Company,Inc iglenn @kellycommercialglass.com 336-375-9926 N) Richard Zawbrana Eastern Insulation Masco richard.zambrana @mascocs.com 919-452-8596 w cn 0 m Steve Wilt Boomerang Design swilt@thinkboomerang.com 919-573-6414 0° C) Grace Wallace Boomerang Design gwallace @thinkboomerang.com 704-731-7028 � Angela Crawford Easterday Boomerang Design acrawford @thinkboomerang.com 919-573-6403 Scott Ennis PDC Engineers scott@pdcengineers.com 919-790-9989 m W Heather Rhymes CLH Design hrhymes@clhdesignpa.com 919-319-6716 m 0 00 00 m w cn m m 0 w DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 BID SUPPLEMENT 00 43 13 FORM OF BID BOND FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT as principal,and as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto Orange County through as obligee, in the penal sum of , DOLLARS, lawful money of the United States of America, for the payment of which,well and truly to be made,we bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents. Signed,sealed and dated this day of 20_. WHEREAS, the said principal is herewith submitting proposal for and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal,then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S. 143-129,the surety shall, upon demand,forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) ©BOOMERANG DESIGN#1315 00 43 13-1 Cedar Grove Community Center Orange County Addendum 3 02/12/15 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 DOCUMENT 00 43 21 —BID SUPPLEMENT:ALLOWANCES 1.1 BID FORM SUPPLEMENT A. This form is required to be attached to the Bid Form. See Document 00 21 13"Instructions to Bidders." 1.2 DESCRIPTION A. Each bidder shall show below the cash amounts included in the Contract Sum for use at the direction of the Owner. B. The total for quantity allowances shall be the total cost using Document 00 43 22'Bid Supplement—Unit Pric- es" and the quantities from Section 01 21 00"Allowances." C. The bidder shall be responsible for determining from the Contract Documents the affects of each Allowance on the Contract Time and/or Contract Sum. D. The Owner reserves the right to utilize funds identified under Allowances solely at the Owner's discretion and to amend the Contract accordingly during the period of the contract. 1.3 SCHEDULE OF ALLOWANCES—(GENERAL CONSTRUCTION CONTRACT) A. Quantity Allowance No. 1: Rock Removal in Open Areas(Mass Rock)and Disposal Off-Site Formula: x 10 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) B. Quantity Allowance No.2: Rock Removal in Trenches and Pitts(Trench Rock)and Disposal Off-Site Formula: x 10 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) C. Quantity Allowance No.3: Unsuitable Soils Removal and Disposal On-Site Formula: x 100 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) D. Quantity Allowance No.4: Unsuitable Soils Removal and Disposal Off-Site Formula: x 2500 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) E. Quantity Allowance No. 5: Replacement of Authorized Excavation of Unsuitable Soils or Rock with On-Site Suita- ble Soils Formula: x 100 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) F. Quantity Allowance No. 6: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Off-Site Suita- ble Soils Formula: x 2000 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) G. Quantity Allowance No. 7: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Aggregate Base Course(ABC)Stone Material Formula: x 400 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) H. Quantity Allowance No. 8: Replacement of Authorized Excavation of Unsuitable Soils or Rock with#57 Washed Stone Material Formula: x 100 cubic yards = $ (Contractor Unit Cost) (Total Cost To Be Included In Bid) I. Contingency Allowance No. 9: Provide$262,514 for an Owner Contingency Allowance $262,514.00 (Total Cost To Be Included In Bid) J. Contingency Allowance No. 10: Provide$7,500 include in Bid for waterproofing under resilient sports flooring and sheet vinyl flooring.Allowance usage to be determined based upon slab testing listed in the product specifications. $7,500 (Total Cost To Be Included In Bid) ©BOOMERANG DESIGN#1315 00 43 21-1 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 DOCUMENT 00 43 21—BID SUPPLEMENT:ALLOWANCES TOTAL ALLOWANCES TO BE INCLUDED IN BID= $ 1.6 SUBMISSION 0 OF SUPPLEMENT Submitted this_day of 20_. By: (Name of bidding firm or corporation) By: (Signature) (Type or print name) Title: (Owner/Partner/President/Vice Pres.) END OF DOCUMENT 00 43 21 ©BOOMERANG DESIGN#1315 00 43 21-2 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 DOCUMENT 00 43 22 BID FORM SUPPLEMENT-UNIT PRICES 1.1 BID FORM SUPPLEMENT A. This form is required to be attached to the Bid Form. See Document 00 21 13"Instructions to Bidders." 1.2 DESCRIPTION A. Each bidder shall show below the amounts proposed to be added to or deducted from the Base Contract Sum upon adjustment of the quantity given in Unit Price Allowances in Division 01, Section "Allowances" for the actual measurement of individual items of the Work. 1.3 SCHEDULE OF UNIT PRICES — (GENERAL CONSTRUCTION CONTRACTOR AND COMBINED SINGLE-PRIME CONTRACTOR) A. Unit Price No. 1: Rock Removal in Open Areas(Mass Rock)and Disposal Off-Site DOLLARS($ )per cu.yd. B. Unit Price No.2: Rock Removal in Trenches and Pits(Trench Rock)and Disposal Off-Site DOLLARS($ )per cu.yd. C. Unit Price No.3: Unsuitable Soils Removal and Disposal Off-Site DOLLARS($ )per cu.yd. D. Unit Price No.4: Unsuitable Soils Removal and Disposal On-Site DOLLARS($ )per cu.yd. E. Unit Price No.5: Replacement of Authorized Excavation of Unsuitable Soils or Rock with On-Site Suitable Soils DOLLARS($ J per cu.yd. F. Unit Price No. 6: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Off-Site Suitable Soils DOLLARS($ )per cu.yd. G. Unit Price No. 7: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Aggregate Base Course(ABC)Stone Material DOLLARS($ )per cu.yd. H. Unit Price No. 8: Replacement of Authorized Excavation of Unsuitable Soils or Rock with#57 Washed Stone Material DOLLARS($ )per cu.yd. I. Unit Price No.9: Cutting and Patching of Concrete Slabs DOLLARS($ )per sq.ft. ©BOOMERANG DESIGN#1315 00 43 22-1 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 DOCUMENT 00 43 22 BID FORM SUPPLEMENT-UNIT PRICES 1.7 SUBMISSION OF SUPPLEMENT Submitted this_day of 120— By: (Name of bidding firm or corporation) By: (Signature) (Type or print name) Title: (Owner/Partner/President/Vice Pres.) END OF DOCUMENT 00 43 22 ©BOOMERANG DESIGN#1315 004322-2 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 SECTION 01 2100-ALLOWANCES PART 1 -GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements governing allowances. 1. Certain materials and equipment are specified in the Contract Documents by allowances. In some cases, the- se allowances include installation.Allowances have been established in lieu of additional requirements and to defer selection of actual materials and equipment to a later date when additional information is available for evaluation. If necessary,additional requirements will be issued by Change Order. B. Types of allowances include the following: 1. Contingency allowances. 2. Quantity allowances. C. Related Sections include the following: 1. Division 01, Section "Contract Modification Procedures" for procedures for submitting and handling Change Orders. 2. Division 01,Section"Unit Prices"for procedures for using unit prices. 1.2 SELECTION AND PURCHASE A. At the earliest practical date after award of the Contract, advise Architect of the date when final selection and pur- chase of each product or system described by an allowance must be completed to avoid delaying the Work. B. At Architect's request, obtain proposals for each allowance for use in making final selections. Include recommen- dations that are relevant to performing the Work. C. Purchase products and systems selected by Architect from the designated supplier. 1.3 SUBMITTALS A. Submit proposals for purchase of products or systems included in allowances, in the form specified for Change Orders. B. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. 1.4 CONTINGENCY ALLOWANCES A. Use the contingency allowance only as directed by Architect for Owner's purposes and only by Change Orders that indicate amounts to be charged to the allowance. B. Contractor's overhead, profit, and related costs for products and equipment ordered by Owner under the contin- gency allowance are included in the allowance and are not part of the Contract Sum.These costs include delivery, installation,taxes, insurance,equipment rental, and similar costs. C. Change Orders authorizing use of funds from the contingency allowance will include Contractor's related costs and reasonable overhead and profit margins. D. At Project closeout,credit unused amounts remaining in the contingency allowance to Owner by Change Order. 1.5 UNUSED MATERIALS A. Return unused materials purchased under an allowance to manufacturer or supplier for credit to Owner, after in- stallation has been completed and accepted. 1. If requested by Architect, prepare unused material for storage by Owner when it is not economically practical to return the material for credit. If directed by Architect, deliver unused material to Owner's storage space. Otherwise,disposal of unused material is Contractor's responsibility. 2. If allowance is not used in whole or in part, the owner shall remove an allowance from the construction con- tract by change order based on the value listed for the associated unit price. PART 2-PRODUCTS(Not Used) PART 3-EXECUTION A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defec- tive products to manufacturer for replacement. ©BOOMERANG DESIGN#1315 01 21 00-1 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 SECTION 01 21 00-ALLOWANCES 3.2 PREPARATION A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work. 3.3 SCHEDULE OF ALLOWANCES[-GENERAL CONSTRUCTION CONTRACT] A. Quantity Allowance No. 1: Rock Removal in Open Areas(Mass Rock)and Disposal Off-Site 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard in place prior to excavation. 3. Include the following in the unit price: a. Excavation,loading,transport,and disposal of all materials. b. Overhead and profit. 4. Include all other related costs in the contract sum. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. 6. Allowance Quantity: 10 cu.yd. B. Quantity Allowance No.2: Rock Removal in Trenches and Pits(Trench Rock)and Disposal Off-Site 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard in place prior to excavation. 3. Include the following in the unit price: a. Excavation,loading,transport,and disposal of all materials. b. Overhead and profit. 4. Include all other related costs in the contract sum. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. 6. Allowance Quantity: 10 cu.yd. C. Quantity Allowance No.3: Unsuitable Soils Removal and Disposal On-Site 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard in place prior to excavation. 3. Include the following in the unit price: a. Excavation,loading,transport,placement and compaction of all materials. b. Overhead and profit. 4. Include all other related costs in the contract sum. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. 6. Allowance Quantity: 100 cu.yd. D. Quantity Allowance No.4: Unsuitable Soils Removal and Disposal Off-Site 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard in place prior to excavation. 3. Include the following in the unit price: a. Excavation,loading,transport,and disposal of all materials. b. Overhead and profit. 4. Include all other related costs in the contract sum. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. 6. Allowance Quantity:2500 cu.yd. E. Quantity Allowance No. 5: Replacement of Authorized Excavation of Unsuitable Soils or Rock with On-Site Suita- ble Soils 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard,compacted in place. 3. Include the following in the unit price: a. Suitable soil materials from a location to be determined on the project site. ©BOOMERANG DESIGN#1315 01 2100-2 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 SECTION 01 21 00-ALLOWANCES b. Excavation, loading, on-site transport, placement, moisture control and compaction of suitable soil mate- rials. c. Overhead and profit. 4. Include all other related costs in the contract sum. Unit Price shall not include the excavation of unsuitable soil or rock. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. 6. Allowance Quantity: 100 cu.yd. F. Quantity Allowance No. 6: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Off-Site Suita- ble Soils 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard,compacted in place. 3. Include the following in the unit price: a. Suitable soil materials from Contractor's off-site source. b. Excavation, loading, on-site transport, placement, moisture control and compaction of suitable soil mate- rials. c. Overhead and profit. 4. Include all other related costs in the contract sum. Unit Price shall not include the excavation of unsuitable soil or rock. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. 6. Allowance Quantity:2000 cu.yd. G. Quantity Allowance No. 7: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Aggregate Base Course(ABC)Stone Material 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard,compacted in place. 3. Include the following in the unit price: a. ABC materials from Contractor's off-site source. b. Excavation, loading, on-site transport, placement, moisture control and compaction of materials. c. Overhead and profit. 4. Include all other related costs in the contract sum. Unit Price shall not include the excavation of unsuitable soil or rock. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. 6. Allowance Quantity:400 cu.yd. H. Quantity Allowance No. 8: Replacement of Authorized Excavation of Unsuitable Soils or Rock with#57 Washed Stone Material 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard,compacted in place. 3. Include the following in the unit price: a. #57 washed stone materials from Contractor's off-site source. b. Excavation,loading, on-site transport, placement,moisture control and compaction of materials. c. Overhead and profit. 4. Include all other related costs in the contract sum. Unit Price shall not include the excavation of unsuitable soil or rock. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. 6. Allowance Quantity: 100 cu.yd. I. Contingency Allowance No. 9: Provide$262,514.00,include in Bid for an Owner-Contingency Allowance. J. Waterproofing Allowance No. 10: Provide $7,500, include in Bid for waterproofing under resilient sports flooring and sheet vinyl flooring.Allowance usage to be determined based upon slab testing listed in the product specifica- tions. END OF SECTION 01 21 00 ©BOOMERANG DESIGN#1315 0121 00-3 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 SECTION 01 22 00-UNIT PRICES PART 1 -GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for unit prices. B. Related Sections include the following: 1. Division 01,Section"Allowances"for procedures for using unit prices to adjust quantity allowances. 2. Division 01, Section "Contract Modification Procedures" for procedures for submitting and handling Change Orders. 1.2 DEFINITIONS A. Unit price is an amount proposed by bidders, stated on the Bid Supplement Form, as a price per unit of measure- ment for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimat- ed quantities of Work required by the Contract Documents are increased or decreased. 1.3 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit. B. Measurement and Payment: Refer to individual Specification Sections for work that requires establishment of unit prices.Methods of measurement and payment for unit prices are specified in those Sections. C. Owner reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contrac- tor. D. List of Unit Prices: A list of unit prices is included at the end of this Section. Specification Sections referenced in the schedule contain requirements for materials described under each unit price. PART 2-PRODUCTS(Not Used) PART 3-EXECUTION 3.1 LIST OF UNIT PRICES A. Unit Price No. 1: Rock Removal in Open Areas(Mass Rock)and Disposal Off-Site: 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard in place prior to excavation. 3. Include the following in the unit price: a. Excavation,loading,transport and disposal of all materials. b. Overhead and profit. 4. Include all other related costs in the contract sum. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. B. Unit Price No.2: Rock Removal in Trenches and Pits(Trench Rock)and Disposal Off-Site: 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard in place prior to excavation. 3. Include the following in the unit price: a. Excavation, loading,transport and disposal of all materials. b. Overhead and profit. 4. Include all other related costs in the contract sum. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. C. Unit Price No.3: Unsuitable Soils Removal and Disposal On-Site: 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard in place prior to excavation. 3. Include the following in the unit price: ©BOOMERANG DESIGN#1315 01 22 00-1 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 SECTION 01 22 00-UNIT PRICES a. Excavation,loading,transport, placement,and compaction of all materials. b. Overhead and profit. 4. Include all other related costs in the contract sum. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. D. Unit Price No.4: Unsuitable Soils Removal and Disposal Off-Site: 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard in place prior to excavation. 3. Include the following in the unit price: a. Excavation,loading,transport and disposal of all materials. b. Overhead and profit. 4. Include all other related costs in the contract sum. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. E. Unit Price No.5: Replacement of Authorized Excavation of Unsuitable Soils or Rock with On-Site Suitable Soils: 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard, compacted in place. 3. Include the following in the unit price: a. Suitable soil materials from a location to be determined on the project site. b. Overhead and profit. 4. Include all other related costs in the contract sum. Unit price shall not include the excavation of unsuitable soil or rock. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. F. Unit Price No.6: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Off-Site Suitable Soils: 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard,compacted in place. 3. Include the following in the unit price: a. Suitable soil materials from a location to be determined on the project site. b. Excavation, loading, on-site transport, placement, moisture control and compaction of suitable soil mate- rials. c. Overhead and profit. 4. Include all other related costs in the contract sum. Unit price shall not include the excavation of unsuitable soil or rock. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. G. Unit Price No.7: Replacement of Authorized Excavation of Unsuitable Soils or Rock with Aggregate Base Course (ABC)Stone Material: 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard,compacted in place. 3. Include the following in the unit price: a. ABC materials from Contractor's off-site source. b. Excavation,loading,transport,moisture control and compaction of materials. c. Overhead and profit. 4. Include all other related costs in the contract sum. Unit price shall not include the excavation of unsuitable soil or rock. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. H. Unit Price No. 8: Replacement of Authorized Excavation of Unsuitable Soil or Rock with#57 Washed Stone Mate- rial: 1. Purpose: To adjust the contract sum in case a quantity different from that indicated in the allowance is re- quired. 2. Unit of Measurement: Cubic yard, compacted in place. 3. Include the following in the unit price: a. #57 Washed Stone materials from Contractor's off-site source. ©BOOMERANG DESIGN#1315 01 2200-2 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 SECTION 01 22 00-UNIT PRICES b. Excavation,loading,transport,placement,moisture control and compaction of materials. c. Overhead and profit. 4. Include all other related costs in the contract sum. Unit price shall not include the excavation of unsuitable soil or rock. 5. Method of Measurement: Quantities will be verified by a soils and materials engineer employed by the Owner. I. Unit Price No.9: Cutting and Patching of Concrete Slabs. 1. Description: Cutting of concrete floor slabs up to 6 inches in depth, removal,excavation up to 24 inches deep, and backfill and subsequent patching in accordance with Division 01, Section"Cutting and Patching,"which is in addition to that indicated by the documents. 2. Unit of Measurement:Square foot of concrete floor slabs removed. END OF SECTION 01 22 00 ©BOOMERANG DESIGN#1315 012200-3 Cedar Grove Community Center Orange County 11/11/14 ADDENDUM#3 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Cedar Grove Community Center CLH Project No: 13-112 Orange County,North Carolina CLH Design,PA 400 Regency Forest Drive,Suite 120 Cary,NC 27518 919-319-6716 Addendum 12-February-2015 Where any article, division or subparagraph of the original contract documents or other addenda is supplemented herein, the provisions of the original documents shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article, division or subparagraphs are amended, voided or superseded thereby, the provisions of such article, division or subparagraph not so specifically amended,voided or superseded shall remain in effect. The attention of the Contractor is called to the following clarifications, additions to and changes in the plans and specifications dated 11 November 2014 on the above job. It will be the responsibility of each Contractor to call such clarifications, additions to and changes in the plans and specifications to the attention of subcontractors concerned. The Engineer in no way assumes any responsibility for notifying any subcontractor,material dealers or others not having received the original contract documents. ITEM 1. GENERAL CONTRACT Refer to the following attached Permit: Orange County Conditional Notice of Approval-SPR14-0006. Clarification:Contractor shall review and abide all conditions stated within this permit. The required modifications to the site plan that the approval suggests have been incorporated in to the documents dated 11-November-2014. ITEM 2. GENERAL CONTRACT Refer to the following attached Permit: NCDENR Erosion Control Approval-Project ID: ORANG-2015-010 Clarification: Contractor shall review and abide all conditions stated within this permit. The requested modifications to the plans that the approval suggests have been incorporated in to the documents dated 11-November-2014. The Yellow Placard that is to be placed on site has been sent to the owner. Construction can begin with the enclosed approval. ITEM 3. GENERAL CONTRACT Refer to the following attached Permit: NCDOT Driveway Permit: Clarification:Contractor shall review and abide all conditions stated within this permit. ITEM 4. GENERAL CONTRACT Refer to the following drawing C1.1: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Clarification:REVISE keynote"J"to read as follows: SEE ARCHITECTURAL PLANS FOR LOADING DOCK, RAMPS AND SERVICE YARD LAYOUT. END OF SITE/CIVIL ITEMS FOR THIS ADDENDUM DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning - 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) IA1E C 0 U N T Y P. O. Box 8181 www.orangecountyne.gov NORTH CAROLINA Hillsborough, NC 27278 January 12,2015 Renee C.Pfeifer,PLA,ASLA Jeff Thompson Principal Orange County Asset Management CLH Design,P.A. PO Box 8181 j 400 Regency Forest Drive, Ste. 120 Hillsborough,NC 27278 Cary,NC 27518 RE: SPR14-0006 REVIEW of site plan proposing re-development of the Cedar Grove Community Center/Park property of off North Carolina Highway 86 North(PIN 9858-84-9350) CONDITIONAL NOTICE OF APPROVAL — REQUIRED MODIFICATIONS) TO SITE PLAN To Whom It May Concern: Orange County Planning staff has received accepted a site plan proposing the re- development of Cedar Grove Community Center, formerly known as the Northern Human Services Campus, off of North Carolina Highway 86 North within the Cedar Grove Township of the County. The Cedar Grove park complex consists of approximately 60 acres of property comprised of 2 lots, further identified utilizing Orange County Parcel Identification Number(PIN)number 9858-84-9350, separated by NC Highway 86 North. The parcels are zoned Agricultural Residential (AR) and are located within different Watershed Protection Overlay Districts, Upper Eno Protected and Little River Protected Watershed Overlay District, further broken down as follows: • 47.8 acres (2,082,168 sq. ft.)in the Upper Eno • 12.28 acres (534,916 sq. ft.)in Little River The 47 acre parcel, west of NC Highway 86, is developed as a park while the 12.2 acre parcel, east of the highway,is undeveloped(hereafter `the property'). The proposal calls for the renovation of the existing structure on the property for the purpose of re-establishing the operation of a community center in conjunction with existing, permitted, pails operations. This site plan submittal, in effect, seeks to re-establish previous I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 operations from the existing structure(s) on the property ceased approximately 10 to 15 years ago. In reviewing the proposal from a land use perspective, staff has determined this facility is designated as a Government Facilities and Office Buildings land use,which is a permitted use of property within the AR zoning district subject to administrative site plan approval as detailed within Section 2.5 Site Plan Revieii, of the Orange County Unified Development Ordinance (UDO). In accordance with Section 2.5.4 of the UDO staff is pleased to inform you we have I APPROVED WITH CONDITIONS the site plan and hereby issue the Zoning Compliance Permit allowing for the commencement of earth disturbing/renovation activities in order to re- establish the community center use. Please note even with the issuance of the Zoning Compliance Permit initiation of development activities may not commence until all required permits are obtained (i.e. Building, I Erosion Control/Stormwater, Environmental Health, Solid Waste, etc.) and the revised site plan has been submitted. As a condition of approval, staff is requesting the site plan be amended as follows: 1. Sheet C0.0, zoning of property,please modify the note to read as follows: Current Zoning. Agricultural Residential(AR) Upper Eno Protected and Little River Protected Watershed Overlay District 2. Sheet C0.0,impervious surface data,needs to be modified as follows: Per Section 4.2.6 of the UDO impervious surface area in the Upper Eno is limited to 12% of land area and includes: building, gravel, asphalt,etc. The 47.8 acre parcel, where the community center and park are located, is limited to 249,860 sq. ft. of impervious surface area or approximately 5.7 acres. Please note there is approximately 4.3 acres of impervious surface area already on the property based on our records. Impervious surface in the Little River is limited to 12% of land area. The 12.2 acre i undeveloped parcel, east of NC Highway 86 across the street from the community center, is allowed a total of 64,189 sq.ft. of impervious surface area or 1.44 acres. Please revise the existing table to incorporate this information accordingly. 3. As required under Section 2.5 Site Plan Revietii,of the UDO the site plan needs to include the following: a. A development summary on Sheet C0.0 including: i. Nature of the project (i.e. a brief statement on what the site is being redeveloped for), ii. Total existing/proposed building square footages/floor areas. iii. Estimated traffic generated by the proposed development in trips per day, i iv. Proposed impervious surface area for the project, I I i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 STAFF COMMENT: On sheet C0.0 you have a note providing detail on the impervious surface breakdown. What we are asking for you to do is add the following statement: `This project will not result in a net increase in impervious surface area beyond what is already located on-site and will i result in a reduction in existing impervious surfaces'. a b. As required under Section 2.5.3 (F) of the UDO; documentation shall be placed on the site plan, specifically Sheet C0.0 detailing compliance with dimensional requirements associated with the development of this property,specifically: I i. Per Section 3.3 Base Zoning Districts — Agricultural Residential of the UDO you are required to adhere to the following setback requirements: a. Front Yard: 40 feet ' b. Side Yard: 20 feet c. Read Yard: 20 feet ii. Per Section 3.3 Base Zoning Districts —Agricultural Residential of the UDO you are required to adhere to the following dimensional and ratio standards: a. Maximum Allowable Floor Area Ratio- .088 b. Required Minimum Pedestrian and Landscape Ratio- .21 c. Required Minimum Open Space Ratio- .84 Based on staff's assessment, the following limits apply to this project based on a 47 acre parcel(2,082,168 sq. ft.): •Maximum Allowable Floor Area Ratio— 183,230sq. ft. •Required Minimum Pedestrian and Landscape Ratio —437,255 sq. ft. (i.e. 10 acres). Pedestrian/landscape area includes: lawns, landscaped areas,walkways, and sitting areas. No vehicular use of these areas is allowed. o Required Minimum Open Space Ratio — 1,749,021 sq. ft. (i.e. 40 acres). Required open space area includes: uncovered portions of property, lawns, areas not covered by buildings, grass play areas, etc. Within the notes section provide sufficient documentation denoting compliance with these requirements. Staff has already determined the project complies with these standards. j The information,however,needs to be included on the site plan in order to comply with the requirements of Section 2.5.3 of the UDO. j c. As required under Section 2.5.3 (F) of the UDO, documentation shall be placed 1 on the site plan detailing compliance with development standards as articulated within Article 6 of the UDO associated with the development and/or use of this property, specifically: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 i i i, Per Section 6.8 Landscaping, Buffers, and Tree Protection please add the following notes to Sheet C5.1: a, Provide a general note indicating all development requirements associated with Section 6.8 shall be complied with, b. Provide a note indicating existing foliage will be protected in accordance with the provisions of Section 6.8, including the following specific references: t 1. Per 6.8.4 (A) (1) of the UDO, the site plan shall be modified to include a note indicating that all existing trees are located within the Primary Tree I Protection Area as defined within the UDO, I 2. Per Section 6,8.4 (B) (1) add a note to Sheet C5.1 reading as follows: Existing trees, regardless of size, shall not be cut or otherwise damaged or destroyed within a primary tree protection area except as shown on an approved Landscape and Tree Preservation Plan, plot plan, or site plan 3. Per Section 6.8.4 (B) (3) add a note reading as follows: During construction activities, adequate protective measures shall be provided to minimize damage to existing trees and other vegetation. i 4. Section 6.84 (B) (7) add a note reading as follows: Signs shall be posted identifying the tree protection areas and shall state the area is not to be disturbed. Such protective devices shall effectively protect the critical root zones, trunks, and tops of trees to be retained and shall be maintained until all work has been completed 5. Please provide the following note with respect to the proposed planting of foliage on the property: Native, non-invasive, and drought tolerant species shall be used where additional landscape areas are proposed. ii. Per Section 6.9 Parking and Loading please add the following notes on Sheet C 1.1: t 3 i i t 1 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 a. Provide a note indicating that the proposed parking lot shall comply with the dimensional requirements contained within Section 6.9.10 of the UDO,including: 1. Provide a typical parking space graphic denoting the design of a space, 2. Provide a typical parking space graphic for a handicapped parking space(if proposed), 3. Include a note indicating that access road design layout shall be reviewed and approved by the Orange County Fire Marshal as part of the formal site plan review process. d. Solid Waste Management: On Sheet C0.0 there will need to be a note indicating that the disposal of all waste material generated from the site shall be disposed of in accordance with the Orange County Solid Waste Management Ordinance. Further, you will need to add a note that all construction debris and land clearing materials shall be disposed of in accordance with County regulations and shall not be burned or buried on-site as required by Section 2.53 (T)of the UDO, Should you have any questions regarding use of the UDO or general site plan submittal questions,please call me at(919)245-2575. Sincerely, <J;ZgA�_�i_ Michael D.Harvey AICP,CFO,CZO Current Planning Supervisor Orange County CC: Craig Benedict,Planning Director John Roberts, County Attorney James Bryan, Staff Attorney Dan Bruce, Inspections Alan Clapp,Environmental Health Jeff Scouten, Solid Waste Howard Fleming Jr,Erosion Control/Stormwater File i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 f A North Carolina Department of Environment and Natural Resources Pat McCrory John E, Skvada, III Governor Secretary December 12,2014 LETTER OF APPROVAL WITH MODIFICATIONS Orange County ATTN: Jeff Thompson PO Box 8181 Hillsborough,NC 27278 RE: Project Name: Cedar Grove Community Center Acres Approved: 2.0 Project ID: ORANG-2015-010 County: Orange, City: Cedar Grove Address: NC 86 River Basin: Neuse Stream Classification: Other Submitted By: Steven Miller,PE Date Received by LQS: November 14,2014 Plan Type: New Dear Sir: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire three(3) years following the date of approval, if no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 413 .0129. Please be aware that your project will be covered by the enclosed NPDES Construction Stormwater General Permit NCG010000. Please become familiar with all the requirements and conditions of this permit in order to achieve compliance. Title 15A NCAC 4B .0118(a)requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. Division of Energy,Mineral,and Land Resources Energy Section-Geological Survey Section•Land Quality Section 1628 Mail Service Center Raleigh,NC 27699-PHONE:919-7914200/FAX:919-571-4718 Internet:htti):/Ioortal,ncdenr.org/webBr/ An Equal Opportunity t Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Letter of Approval w/Modifications Jeff Thompson December 12, 2014 Page 2 of 3 North Carolina's Sedimentation Pollution Control Act is performance-oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land-disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Forth,which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition,it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Ihn L. H olley,Jr., E,CPESC nal Engineer Land Quality Section Enclosures: Certificate of Approval NPDES Permit cc: Steven Miller,PE,CLH Design,400 Regency Forest Dr.,Suite 120,Cary,NC 27518 I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Letter of Approval wd Modifications Jeff Thompson December 12, 2014 Page 3 of 3 APPROVAL MODIFICATIONS Project Name: Cedar Grove Community Center Project ID: ORANG-2015-010 County: Orange Modifications: Please provide for an appropriately detailed concrete wash-out area within the proposed affected limits of disturbance on the drawings. A copy of the revised drawings, including construction details must be provided for our records prior to initiation of this project. Thank you for your cooperation. DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 APPLICATION IDENTIFICATION N,C. DEPARTMENT OF TRANSPORTATION Driveway Data of 9-2-14 Permit No, li�'ation STREET AND DRIVEWAY ACCESS i Founty, Oranc$ Development Name: Cedar ' Grove Community Center _ YUIA LOCATION OF PROPERTY: Nf 1 Route/Road: NC Hwy 86 ion Exact Distance 6,100 p Miles N❑ ®S E W❑ ❑ - 7th Div, Division of Ftigl�way 5 ® Feet District 1 - Graham From the Intersection of Route,No. NC Hwy 86 and Route No. Compton Road Toward Hillsborough Property Will Be Used For: ❑ Residential/Subdivision ❑ Commercial ❑ Educational Facilities ❑ TND ❑ Emergency Services M Other Property. ❑ Is ® is not within Hillsboro u h CIt Zoning Area. AGREEMENT , • 1,the undersigned property owner, request access and permission to construct driveway(s) or street(s)on public right- of-way at the above location. • I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current"Policy on Street and Driveway Access to North Carolina Highways"as adopted by the North Carolina Department of Transportation. • I agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT. • I agree that the driveway(s) or street(s)will be constructed as shown on the attached plans. • I agree that that driveway(s) or street(s)as used in this agreement include any approach tapers, storage lanes or speed change lanes as deemed necessary. • I agree that if any future improvements to the roadway become necessary, the portion of driveway(s)or street(s) located on public right-of-way will be considered the property of the North Carolina Department of Transportation,and E I will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction. • I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time specified by the"Policy on Street and Driveway Access to North Carolina Highways". • I agree to pay a$50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if application is denied. • 1 agree to construct and maintain the driveway(s)or street(s) in a safe manner so as not to interfere with or endanger the public travel. • 1 agree to provide during construction proper signs, signal lights, flaggers and other warning devices for the protection of traffic in conformance with the current"Manual on Uniform Traffic Control Devices for Streets and Highways"and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the District Engineer. • I agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims for damage that may arise by reason of this construction. • I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may be caused to such facilities,within the highway right-of-way limits, in carrying out its construction. • I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any construction proposed on the State Highway system. • The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by law and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point. • I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS COMPLETED. 2004-01 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Transportation TEB 65-04rev. 61-03419 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 PROPERTY OWNER(APPLIC NT) WITNESS COMPANY' ^ ��"''s`� NAME SIGNATUR SIGNATURE ADDRESS &ekll X� ZFr.PS ADDRESS f90 Phone No. (I AUTHORIZED AGENT WITNESS COMPANY CLH Desi n pa-Steve Miller NAME fipe Pfeifer SIGNATURE SIGNATURE ADDRESS 400 Regency F rest Drive STE 120 ADDRESS 400 Regency Forest Drive S Cary,NC 27518 Phone No. 9193196716 Cary,NC 27518 Y ✓ 4 -.sn R A'4 3 1 A € ,Y�, ' � a ��y� K - �,... �y � y'z.Y������� ,i e ✓ +Y , , r ,���� �. s�J,r.''� � Y�f"s y�,��'a ? ��.,r f I � � APPLICATION RECEIVED BY DISTRICT ENGINEER i i SIGNATURE DATE } r APPLICATION APPROVED BY LOCAL GOVERNMENTAL AUTHORITY(when required) 1 SIGNATURE TITLE DATE APPLICATION APPROVED BY DISTRICT ENGINEER e SIGNATURE p TE INSPECTION BY NCDOT SIGNATURE TITLE DATE i COMMENTS; i i € i 3 3 I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 dt!t 5N7;q� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PAT MCCRORY ANTHONY J.TATA C,ioVERNOR SECRETARY December 11,2014 ORANGE COUNTY Renee Pfeifer CLH Design,PA 400 Regency Forest Drive, Suite 120 j Cary,NC 27518 i SUBJECT:Driveway Permit for Cedar Grove Community Center Located on NC 86 Dear Ms.Pfeifer: Attached for your files is a copy of the Driveway Permit properly executed,The approval of this permit is also subject to the attached special provisions and incorporating comments noted in red on the plans into the construction drawings. This permit is valid for one year from the date of approval.�A written request is needed for an extension. You will need to submit a request by May 7,2015. When the work has been completed, notify DeAngelo Jones by letter at P. O. Box 766, Graham, NC 27253-0766 so that a final inspection can be made. If you have any questions,please contact Mr.Jones at (336)570-6833. Sincerely, f C.N.Edwards,P.E. ' DISTRICT ENGINEER Attachments CNE/djj cc: J.M.Mills,P.E.,NCDOT Division Engineer Orange County DPA121114-0-1 Cedar Grove Community Center i i P.O.Box 766 Graham,NC 27253 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 DRIVEWAY PERMIT SPECIAL PROVISIONS 1. A copy of the permit and the approved plans stamped by NCDOT will be on the site and available for inspection by NCDOT personnel while in construction is on kogress. If safety or traffic conditions warrant such an action,NCDOT reserves the right to stop all work unless evidence of approval can be shown. 2. It will be necessary for you or your contractor to notify Mr. DeAngelo Jones,Assistant District Engineer, upon receipt of this letter to schedule a mandatory Preconstruction Conference,to provide your anticipated date of starting or to review any plan revisions made by the District Office prior to construction beginning on this permit. Mr. Jones can be reached at(336)570-6833 between the hours of 8:00 a.m. and 5:00 p.m.Monday through Friday. 3. When working within NCDOT right of way,District Personnel, Shawn Smith,shall be notified twenty- four (24) hours in advance at telephone number (336) 570-6833 for inspection at each of the following phases: (A)Drainage, (B) Grading,(C)Placement of base,(D)Paving,(E)Seeding. i 4. When the work has been completed, please notify Mr. Jones by letter at P.O. Box 766, Graham,North Carolina 27253-0766 in order that a final inspection can be made. i 5. WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM- Effective July 1, 2010, all flagging operations within NCDOT Right of Way required qualified and trained Work Zone Flaggers. Effective July 1, 2011, qualified and trained Work Zone Traffic Control Supervisors will be required on Significant Projects. Training for this certification will be provided by NCDOT approved training sources and/or private entities that have been pre-approved to train themselves. If you have questions, visit our web site at www.nedot.org/doh/Preconstruction/wzte/wztctrainin ro am/def tutt,htntl or contact Stuart Bourne,P.E.with NCDOT Work Zone Traffic Control Unit at(919)250-4159 or sboume ,ncdot.gov. 6. That the of the second art agrees to provide traffic control devices, lane closures,road P�3' p �' P ( closures, positive protection and/or any other warning or positive protection devices necessary for the safety of road users during construction and any subsequent maintenance. This shall be performed in conformance with the latest NCDOT Roadway Standard Drawings and Standard Specifications for Road and Structures and Amendments or Supplements thereto. When there is no guidance provided in Roadway Standard Drawings or Specifications, comply with the Manual on Uniform Traffic Control Devices for Streets and Hiahways and Amendment or Supplement thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. 7. Work requiring lane closure or restrictions will not be allowed between 7:00 am—9:00 am and 4:00 p.m. —7:00 p.m.Monday through Friday unless otherwise directed by the District Engineer or as shown on the approved plans. 8. At least one lane of traffic shall remain open at all times. 9. Any work requiring equipment or personnel within 5' of the edge of any travel lane shall require a lane closure with appropriate tapers. P.O.Box 766 Graham,NC 27253 i DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 10. The District Office must be consulted if there are any changes in the plans as they were submitted. 11. Any damage to roadway, structures, or associated appurtenances shall be restored to its original condition as directed by the District Engineer. 12. Excavation material shall not be placed on the pavement, Drainage structures shall not be blocked with excavation material. 13. The applicant shall comply with all applicable federal, state and local environmental regulations, and shall obtain all necessary federal, state and local environmental permits, including but not limited to,those related to sediment control, storm water,wetland, streams, endangered species,and historical sites, 14. All excavation in the roadway shall be backfilled and paved or covered with temporary steel plating. When steel plating is used the excavation shall be backfilled and/or shored to accommodate anticipated traffic loads. A reflectorized bump warning sign (WB-1) must be installed in advance of the plate. All steel plating shall be pinned in at each corner with a smooth headed pin that does not protrude above the plate more than 0.5 inches and must extend into the paved surface at least 3 inches.The plate must be extended at least 12 inches beyond the edge of the excavation in all directions and ramped with asphalt at least 6 inches wide. i 15. Trenching, bore pits, and other excavations within the safe recovery area shall not be left I open or unprotected so as to expose motor vehicle or pedestrian"traffic to unsafe conditions. The contractor shall comply with all OSHA requirements and provide a competent person on 1 site to supervise excavations at all times. 16. Before planting any landscape within the right of way,the encroaching party shall submit an application for a planting permit to this office. The permit must be approved prior to the installation of any plans. 17. All disturbed areas shall be repaired with the following rate of seed; fertilizer and limestone in pounds per acre,and the areas properly mulched and tacked: 25#Reliant Hard Fescue 100#Alta or Kentucky 31 Tall Fescue 25#Kenblue Kentucky Bluegrass 1000#5-10-10 Fertilizer 4000#Limestone 18. For your general information: • The$50.00 inspection fee for this driveway connection was paid by check. (Check# 13 042) P.O.Box 766 Graham,NC 27253 I DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 14 —UP— ® � 01 01 _ III II �� II III � I I - 0 REMOVE TILE THIS WALL it v 07 I I M O � - 01 I I 22 EX. DOOR T BE I "' SALVAGED TURNED I6I OVER TO O NER 1 bo 07 CAFETERIA I I I — 19 F 33 BULKHEAD \ i II I (( I II I I 01 i i II ll i I I (I II / O i 22 -�----�—mac, �✓,���� � � ___ N_ JI II u i CEDAR GROVE COMMUNITY CENTER dea�a�nne<mre,rn "f " PROJECT TITLE: boomerang s 1315 D E S I G IN BOOMERANG DESIGN PROJECT NO.: rethink,reptupose,results 02.11.15 ADD#3 ABD-01 A001 6131 Falls ofNeuseRd.I Suite 204 1 Raleigh,NC 27605 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-0553-4EEB-BD97-898B3775EE03 II II II w z II II II —j 13 L < 17 UP STOR. 08 STAGE 3 07 i i OFFICE/ L 3'-4" T-8318"+/ 07 CEDAR GROVE COMMUNITY CENTER MBAJArchltecture,PA PROJECT TITLE: boomerang 1315 D E S I G N BOOMERANG DESIGN PROJECT NO.: mthink,tepurpose,results J 02.11.15 ADD. #3 ABD-02 A001 6131 Falls of house Rd.I Suite 204]Raleigh,HC 27609 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Ae RECREATION AW8 ROOM IW.51A A502 123 4 27'-6" 5'-4" IW.51A 111V,51 2'X 6'WALL PADS(20'L.) v CLEAN DISCOLORED BRICK w &MORTAR WHERE CANOPY I' IS CUT BACK; REPOINT BRICK AS REQ'D I DOOR OPENING I Q J&BRICK TO i EXISTING 109 10'-8"X 4'ALUM. CANOPY ABOVE DOOR(COORD.W/ - - - J EXIST. CANOPY WIDTH), SEE 5/A301 FOR DTL. PATCH/REPOINT BRICK WALL TO REMAIN AS REQ'D 8 A502 T --- MUL - ROOM PATCH/REPOINT BRICK WALL - 'TO REMAIN AS REQ'D !REPAIR BRICK WHERE CONC. —�--- COAL BIN CAP IS REMOVED i cV ti c:) W Q i i A502 i f ", CEDAR GROVE COMMUNITY CENTER IdBAt Archlf.f—,PA 's P .° PROJECTTITLE: boomeran 5 D E S I G N >"s BOOMERANG DESIGN PROJECT NO.: rethink,repuipose results 02.11.15 ADD. #3 ABD-0 1/A102 6131 Falls of Neuse Rd.I Suits 204 1 Raleigh,NC 27609 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 AW1 I AW1 122B I IW.51A ( J' LARGE GROUP 122 126A AW1 a W/ADJ. UNDER OSHELF TABLE 1 T-9"W. (F.V.)X 10'-0"H. N 1 MANUAL OPER.WALL •- W.51A PARTITIO NJ W.51 0 Tm 0 co u� 25'-3"W. (F.V.)X 10'-0"H. MANUAL OPER.WALL PARTITION F,A IW.22 122A 23'-2"+l- 121 A 81-01, 123A - 14'-10"+/- 3'-9" - 3'-6" AW1 1121A 123A SMALL GROUP/QUIET ROOM RE( 121 v ILL. A502 CORRIDOR IW.51A 120 123 IW.51� IW.51A ZD IW.51A `D - - - — — - - TB 6 °° = 2'X6'WALLF A301 AW1 120 ` CEDAR GROVE COMMUNITY CENTER M11 11chkectwe.PA r PROJECT TITLE: boomerang ' 1315 D E S I G N ' - BOOMERANG DESIGN PROJECT NO.: rethink,repurpose,results -,' 02.11.15 ADD. #3 ABD-0 A102 6131 Falls of Neuse Rd.I Suite 204 1 Raleigh,NC 27609 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-0553-4EEB-BD97-898B3775EE03 mmm�mjm y(' L (0)— c 4;E <-4-L rn 0 c Ln M 0 O -0 m >r- X X m m 0 X 0)- M 0 0 0 zm x cn Q m -17 C? 0111 > 1 011 IH Lo D L>* z r- 17- CO UP- c -n m m 0 M G) o (n 61)M 16'-4" U7 C) o 01 Orl m 1' " '"ffi'' ' PCROEJEDCTATITR LE:G ROVE COMMUNITY CENTER boomerang 1315 D E S I G IN BOOMERANG DESIGN PROJECT NO.: rethink,fepurpose,results 02.11.15 ADD. #3 ABD-0 A102 601 Falls of Reuse Rd.I Suite 204 1 Raleigh,HC 27609 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 1 C-1 8 C-1 10'-2" I 4 '10'4° CEDAR GROVE COMMUNITY CENTER MBA/A¢hiteture,PA *} PROJECT TITLE: boomerang - ' 1315 D E S I G N BOOMERANG DESIGN PROJECT NO.: rethink,repurpose,results - } 02.11.15 ADD. #3 ABD-06 1/A105 6131 FalIS of Neuse lld,1 Sulta 204 I Raleigh,NC 27609 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 0 0 I 5 PAINT 1 D . 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PROJECTTITLE: boomerang 1315 D E S I G N ` BOOMERANG DESIGN PROJECT NO.: rethink,repurpose,results 02.11.15 ADD. #3 ABD-07 1/A105 61131 Falls ofNeuse Rd.I Suits 204 1 Raleigh,NC 27605 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 s F� D- z zm Cn G);U m' 0 xD m 0� N � °� z m `T'O ci o T z W -o O C) r v m N -T O �grr OO -AD 'O�ln L7 M .c mc� tnm mZ gym°' i f�iitt m y OC- ID OT.m OT•%U� z O Om nR D 90 7", r M mo -i, =o— Z m D �z m rn KZ 2 ZT-00 i m ZN moo' m �o°'r rn zz a t CEDAR GROVE COMMUNITY CENTER PRWECTTtTLE: boomeY&VHCAhrfire 9l rang ;' 1315 rtthNlS rtpvS I Q r �A BOOMERANG DESIGN PROTECT NO,: 02.11.15 ADD.#3 ABD-08 A105 till Fh dN-,R4 I M,N4 I li"q\NC 27M DRAWING RELEASE DATE: ISSUE ND.: BULLETIN NO: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 cn Xx 00 C F --I m m z C)C) c)o Ln �m r D 0 Z OO U) D m =o T-i(d0 DT Doc.0 Gzim -loco m' -Ox i -n ;y OO O �Z1 Z D V7 O O =0�z �0 II G) 0 r In DT fn z L m —I O A@ mmm O8K 'm = i er CU m T Cfn 0. p q0 m N W m D O Z G7 - v m D r 3 -o >m O co 00 DD x �;u z 10 Z 0GI v o C)o �m zz co m �D 0 r m = cn G) Z (d O I CEDAR GROVE COMMUNITY CENTER Nev ASafsivs PROJECTTITLE: boomerang _ 1315 D E S I o N BOO6i ERANG DESIGN PROJECT NO.: retl5+15 repvpase,resuPo 02.11.15 ADD.#3 ABD-09 A105 6661F dNm,Ri IS mIRiq,Ncvml DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWJNGREPERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 1 NEW WALL-HUNG CANOPY INFILL OPENING TO MATCH EXISTING 2 NORTH ELEVATION CEDAR GROVE COMMUNITY CENTER MBAI Nchitecture,PA PROJECTTITLE: boomerang 1315 D E S I G N / BOOMERANG DESIGN PROJECT NO.: rethink,repuipose,results `. 02.11.15 ADD. #3 ABD-0 2/A201 6131 Falls ofNeuse Rd.I Suite 204 1 Raleigh,NC27609 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 1 — INFILL GUARDRAIL A405 \ PANEL \ 111 2"OS — — — \ WALL- o, MOUNTED \ HANDRAIL 31' 9 °° I DN 11" A405 i i 8 STAGE STAIR/ LIFT PLAN i CEDAR GROVE COMMUNITY CENTER IdBAJArchkecture,Pq " ';:?; PROJECTTITLE: boomerang , 1315 D E S I G N BOOMERANG DESIGN PROJECT NO.: rethink,repurpose,results ,: 02.11.15 ADD. #3 ABD-11 A405 6131 Falls of Neuse Rd,I Sulte204 I Ralelgh,NC 27609 DRAWING RELEASE DATE: ISSUE NO.: BULLETIN NO.: DRAWING REFERENCE: DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ADDENDUM NO.3(ELECTRICAL) DATE: February 12,2015 0% 1111111111 1111111111 , CAS• , PROJECT: Orange County Community Center Cedar Grove = 9� SEAL ARCHITECT: Ms. Angie Crawford = 039843 Boomerang Design ,r*'••.AGiNE��`.•'••!3:-.`,` ENGINEER: 2900rRowland Design RoadCSlu to 1 Ove, Ltd. 100 0'ic, Raleigh, North Carolina 27615 PDC PROJECT#13057 The following items or modifications to the original Plans and Specifications shall be included as part of the contract work. All General Conditions, Supplemental General Conditions, and Special Conditions are as originally specified. Respective Bidders shall include the provisions of this Addendum in their proposal and shall make a notation in the proposal that these provisions have been included. Changes to Electrical Drawings: Drawing E201 (Sketch AD-ES-01) • Revised lighting layout in Room 122. Drawing E005(Sketch AD-E3-02) • Clarified wire size and MTS identification END OF ADDENDUM NO. 3(ELECTRICAL) Attachments: Electrical Sketches(2) Addendum No.3(Electrical) Page 1 of 1 February 12,2015 0 0 c H 8 M m 0 m 6 3 N CD n JANITOR TOIL 12 o G 127 W - 0 2 iu.- 411 AV2 _ AV2. -- AV2 AV2 AV2. _ - W � W _ ��--- ---�- o co -po 00 LARGE co Z2 GROUP W m - ,- ' - - - -- % o AV2- _ AV2. A� 7-�-AV2 _ ._AV2..- -- W _.-KPT-5 --Z2 - KP1-7 VWMING ITCHEff 3 I - ---�_. AV2 AV2'. AV2 AV2 --�—� _ X jj - ? Z2 Z2 RECREATION' AV2 �_ AV2 : - - - - 111231 THIS SKETCH IS TAKEN FROM SHEET E201 OF THE PROJECT DRAWINGS. pdc 2900 Rowland Road, Suite 100 CEDAR GROVE FEBRUARY 12, 2015 Raleigh, N.C. 27615 Phone: 919-790-9989 COMMUNITY CENTER PROGRESSIVE DESIGN Fax: 919-790-9367 ADDENDUM: E3 13057 Email: pdc®pdcengineers.com COIIASORATIVE License No. C-0183 SKETCH: E3-01 AD-E3-01 0 0 c 120/208V 120/208V 3�, 4W 3�, 4W ; 225 AMPS 800 AMPS m M.L.O. M.L.O. ° m o 1 1/4-0 0 0 FOR CT WIRING w 0 Z o O m p 2 W J 4m c"�i • w PANEL "MDP" PANEL "A" m METER 120/208V O 120/208V W 4 SETS OF 1200 AMPS 125 AMPS 4 #500Kcmil(AL) IN 3 CONDUIT T M.L.O. M.L.O. d w PER SET W w V NEMA-3R, O o, M m MTS 120/208 VOLT, ° ® 1200 AMP, O 100% RATED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONNECT 3�' 4W, SE RATED Q DOUBLE BREAKER 3 SETS OF 4 #40OKcmil(AL), THROW ENCLOSURE 1 #3/0(AL) GROUND IN 4" #250Kcmil (AL) CONDUIT PER SET 120/208V GEC 3�, 4W 800 AMPS 0 0 0 o EATON QCDT OR EQUAL WITH CAM LOCKS AND CABLES FOR OWNER PROVIDED 4 SETS OF 4 #50OKcmil(AL), 3 SETS OF 4 #400K ROLL—UP GENERATOR. 1 #250Kcmil(AL) GROUND IN 4" 1 #3/0(AL) GROUND CONDUIT PER SET CONDUIT PER SET THIS SKETCH IS TAKEN FROM SHEET E005 OF THE PROJECT DRAWINGS. d c 2900 Rowland Road, Suite 100 Raleigh, N.C. 27615 CEDAR GROVE FEBRUARY 12, 2015 Phone: 919-790-9989 COMMUNITY CENTER PROGRESSIVE DESIGN Fax: 919-790-9367 ADDENDUM: E3 13057 Email: pdcOpdcengineers.com COIIABORMWE License No. C-0183 SKETCH: E3-02 AD—E3-02 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 1 EXHIBIT 1----GENERAL CONDITIONS Table of Contents Page Article1. Definitions......................................................................................................................3 Article 2. Correlation, Interpretation, and Intent of Contract Documents.....................................7 Article 3. Familiarity with Work, Conditions and Laws..................................................................8 Article4. Bonds............................................................................................................................9 Article 5. Insurance and Indemnity ..............................................................................................9 Article 6. Other Record Documents and Submittals...................................................................16 Article7. Contractor....................................................................................................................18 Article8. Owner .........................................................................................................................26 Article 9. Construction Manager ................................................................................................26 Article10. Designer ...................................................................................................................26 Article11. Testing and Surveying..............................................................................................27 Article 12. Separate Contracts...................................................................................................27 Article 13. Contract Time ..........................................................................................................28 Article14. Changes in the Work ...............................................................................................31 Article 15. Change of the Contract Price ..................................................................................33 Article 16. Unforeseen Conditions.............................................................................................35 Article 17. Correction of Work before Final Payment ...............................................................35 Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties........36 Article 19. Owner's Right to Do Work .......................................................................................37 Article 20. Partial Payments .....................................................................................................37 Article 21. Final Payment..........................................................................................................40 Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41 Article 23. Assignments and Subcontracts................................................................................41 Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 2 Article24. Measurements........................................................................................................41 Article 25. Contractor and Subcontractor Relationships..........................................................42 Article 26. Use of Premises .....................................................................................................42 Article 27. Cutting, Patching and Fitting ..................................................................................42 Article 28. Dispute Resolution ................................................................................................43 Article29. Taxes......................................................................................................................43 Article 30. Operation of Owner's Facilities...............................................................................44 Article 31. Third Party Beneficiary Clause...............................................................................44 Article 32. Measurement of Quantities ....................................................................................44 Article 33. Termination by the Owner for Cause .....................................................................44 Article 34. Termination or Suspension by the Owner for Convenience...................................45 Article 35. Minority Business Enterprise Program.......................................................46 Article 36 E-Verify and Digital Signatures.................................................................46 Article37. General...................................................................................................................46 Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 3 ARTICLE 1. DEFINITIONS 1.1 Agreement-The Construction Contract, these General Conditions, and any Supplementary Conditions. 1.2 AIA-The American Institute of Architects. 1.3 ASTM - The American Society for Testing and Materials. 1.4 Beneficial Occupancy— Use of the Project by the Owner after Substantial Completion, but prior to Final Completion.. 1.5 Change Order-A written order to the Contractor signed by the Owner and the Designer authorizing an addition, deletion, or revision in the Work and/or an adjustment in the Contract Price and/or the Contract Time issued after execution of the Construction Contract. See paragraph 14.1. 1.6 Completion Date -Those dates identified as Completion Dates in the Contract Construction Schedule or elsewhere in the Contract Documents. 1.7 Construction Contract—The document executed by the Contractor and the Owner to formally memorialize their consent to the terms of the Agreement. 1.8 Construction Change Directive—A written order to the Contractor signed by the Owner and the Designer directing an addition, deletion, or revision in the Work after execution of the Construction Contract, in circumstances when the parties have been unable to agree on an adjustment to the Contract Price or the Contract Time, but the Owner requests that the Contractor proceed with said addition, deletion, or revision in the Work subject to adjustment of the Contract Price and/orContract Time under the procedures described herein. 1.9 Construction Manager(s) -The person(s) or firm designated as the Construction Manager in the Contract Documents, or their authorized representatives. The Construction Manager(s), as referred to herein, will be referred to hereinafter as if each were of the singular number and masculine gender. 1.10 Contract Construction Schedule -That schedule described in Article 13 hereof and identified as the Contract Construction Schedule. 1.11 Contract Documents -All of the documents that make up the Agreement, plus the Drawings and Specifications that describe the scope of the Work, plus allowable Modifications to the Contract Documents. 1.12 Contract Price -The total monies payable to the Contractor under the Contract Documents pursuant to paragraph 15.1 of the Agreement. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 4 1.13 Contract Time -The number of calendar days stated in, or computed from, the Contract Documents for the completion of the Work, or any portion thereof. See, particularly, Article 13 hereof and the Contract Construction Schedule. Time of completion as specified therein is of the essence. The time used and referred to on the Project will be that time which is observed in Raleigh, North Carolina, being Eastern Daylight Savings Time (EDT), Eastern Standard Time (EST), or other as designated by the Designer. 1.14 Contractor-The Contractor shall be that party identified as such in the Contract Documents. 1.15 Days - Unless otherwise indicated, the term "days" shall mean consecutive calendar days. 1.16 Daylight Hours -The hours or portions of hours between sunrise and sunset local time. 1.17 Designer(s) —The person or firm designated as the Designer in the Contract Documents, or their authorized representatives. The Designer(s), as referred to herein, shall mean architect, landscape architect, and/or engineer. They will be referred to hereinafter as if each were of the singular number and masculine gender. On projects for which there is no Designer designated references to approvals or authorizations of or by the Designer shall be interpreted to refer to approvals or authorizations of Owner or Owner's designee. 1.18 Drawings -The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, and generally including plans, elevations, sections, details, schedules and diagrams. A list of the Drawings is contained in the Contract Documents. 1.19 Field Order-A written order issued by the Designer which clarifies or interprets the Contract Documents or orders minor changes in the Work in accordance with the Contract Documents. See paragraph 14.2. 1.20 Final Completion -The point at which the Contractor has completed the Work, with the exception of guaranty and warranty obligations and as determined by the Designer and becomes entitled to final payment upon the recommendation of the Designer and determination by the Owner. 1.21 The words "furnish," "furnish and install," "install," and "provide" or words with similar meanings shall be interpreted, unless otherwise stated, to mean furnish and install complete, in place and ready for service. 1.22 Liquidated Damages —See paragraph 13.18 of these General Conditions. 1.23 Modification - (A) a written amendment to the Contract Documents signed by the Owner and the Contractor and identified therein as such, (B) a Change Order, (C) Construction Change Directive, or(D) a Field Order. A Modification may only be issued after execution of the Agreement. 1.24 Notice of Award -The written notice by the Owner to the Contractor that the Contractor is the successful Bidder and that upon compliance with the conditions precedent to be fulfilled by Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 5 the Contractor within the time specified, the Owner will execute and deliver the Agreement to him. 1.25 Notice to Proceed - See paragraph 13.3. 1.26 Owner-The Owner is the person designated as such in the Agreement. 1.27 Owner's Authorized Representative -A person, or persons, employed by the Owner and designated from time to time by written notice to the Contractor to administer the Contract Documents, and to observe and monitor the Work on behalf of the Owner with authority and responsibility as herein specified. 1.28 Notice -The term "notice" or"written notice" as used herein shall mean and include all written notices, demands, instructions, and claims approvals and disapprovals furnished by the Owner or the Designer to obtain compliance with the requirements of the Contract Documents, as well as all written notices, demands, instructions and claims furnished by the Contractor as required by the Contract Documents. Where notice is required under the terms of the Contract Documents written notice shall always be required, and oral or"constructive" notice shall be insufficient and ineffective as notice. Email or other electronic delivery shall be insufficient and ineffective as notice unless specifically allowed by the Supplementary Conditions or a Modification to the Agreement. Written notice shall be deemed to have been duly served on the date that it is delivered in person to the individual or to a member of the firm, to an officer of the corporation for whom it is intended, to an authorized representative of such individual, firm, or corporation, or on the date that it is mailed by registered or certified mail, return receipt requested, addressed to the last business address of such individual, firm, or corporation known to the person giving the notice. Written notice may also be given by facsimile transmission, provided that proof of delivery is obtained. In the case of delivery in person, such delivery shall not be effective unless and until a written and signed receipt showing the date and time of delivery is obtained. 1.29 Project-The total construction of which the Work performed under the Contract Documents may be the whole or a part. 1.30 Project Expediter—As used herein, is an entity stated in the Contract Documents, designated to effectively facilitate scheduling and coordination of Work activities. For the purpose of a single prime contract, the single prime contractor is designated as the Project Expediter. For the purpose of a project involving separate prime contracts, the Contractor for general work shall be designated as the Project Expediter unless otherwise indicated in the Supplementary General Conditions. See paragraph 7.27. 1.31 Project Manager-That person designated by the Contractor in accordance with paragraph 7.2 who shall be in general charge of the Work and its performance and who shall have the authority set forth in the last sentence of paragraph 7.2. 1.32 Request for Information -A written communication from the Contractor to the Designer for any interpretation of, or information needed, required, or desired under the Contract Documents. The Owner reserves the right to determine the reasonable format and contents required for a Request for Information. In any Request for Information, the Contractor shall state a reasonable date by which a response is necessary in order to avoid delay in progress on the Work and shall Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 6 make such request sufficiently in advance of such date as to avoid any such delay. The Designer shall respond in writing to the Request for Information by the date stated by the Contractor unless he cannot reasonably do so, in which case he shall prior to that date notify the Contractor of the date by which he can reasonably respond. The Contractor shall not be entitled to any additional time for the completion of the Work or any portion thereof by reason of the Designer's failure to respond if he has not submitted his Request for Information sufficiently in advance to allow the Designer a reasonable time within which to respond. 1.33 Request for Payment- The form, in the form of AIA Document G702 (latest ed.) or other published document approved by Owner, which is to be used by the Contractor in requesting progress payments and which is to include a Schedule of Values as required by the Contract Documents and an affidavit of the Contractor that progress payments theretofore received from the Owner on account of the Work have been applied by the Contractor to discharge in full all the Contractor's obligations incurred in connection with Work covered by all prior applications for payment. See paragraph 20.2. 1.34 Resident Superintendent -That person designated by the Contractor in accordance with paragraph 7.2 who has day-to-day responsibility for the prosecution of the Work and the obtaining of proper materials and equipment, and adequate labor and who shall have the authority set forth in the last sentence of paragraph 7.2. 1.35 Schedule of Values-Any breakdown of the Contract Price which may be required by the Contract Documents, and designated as such. See paragraph 20.1. 1.36 Specifications -That portion of the Contract Documents consisting generally of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work and performance of related services. 1.37 Subcontractor-A person, firm, or corporation who has entered into a direct contract with the Contractor to perform any of the Work at the Project. 1.38 Submittal - Shop drawings, product data, samples, and other documents required by the Contract Documents to be submitted by the Contractor to the Designer. 1.39 Submittal Register- See paragraph 13.2 of these General Conditions. 1.40 Substantial Completion -The point at which the Work, and Work by other Contractors on or in connection with the Project, as determined by the Designer, is sufficiently complete in accordance with the Contract Documents that it can be beneficially occupied by the Owner, and the Work can be utilized by the Owner for its intended use, and all necessary permits and permissions for Beneficial Occupancy and utilization having been obtained by the Contractor. All operations and maintenance manuals, Owner training, and as-built drawings must be submitted prior to Substantial Completion being achieved. 1.41 Sub-subcontractor-A person or entity that has a direct or indirect contract with a Subcontractor to perform any of the Work at the Project. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 7 1.42 Work-The construction and services required by the Contract Documents, including all labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 1.43 All references in the Contract Documents to the masculine shall be interpreted as including the feminine or neuter and all references in the Contract Documents to the singular or the plural shall be interpreted as including the other, as may be appropriate in the reasonable interpretation of the Contract Documents. ARTICLE 2. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 2.1 It is the intent of the Specifications and Drawings and other Contract Documents to describe a complete Project in accordance with the Contract Documents. 2.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall notify the Designer in writing before proceeding with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents shall be given preference in the following order: Construction Contract, Modifications, Addenda, General Conditions, Specifications, and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which, so applied, have a well-known technical trade meaning shall be deemed to refer to such meaning and to incorporate any recognized standards which are a part of such meaning if not otherwise defined within the Contract Documents. 2.3 Miscellaneous items, accessories and work which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or useable structure or plant providing the indicated function shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the Designer before installation. This requirement is not intended to include major components not covered by or inferable from the Contract Documents. 2.4 The Work of all trades under the Contract Documents shall be coordinated by the Contractor in such a manner as to obtain the best workmanship possible for the entire Project and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 2.5 The Contractor shall fully complete the Work and shall be responsible for all of the Work under the Contract Documents to which the Construction Contract applies. If the Contractor is prevented from doing so by any limitation of the Contract Documents, the Contractor shall immediately give notice thereof to the Designer and the Owner in writing. Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 8 2.6 Standard specifications or manufacturers' literature, when referenced, shall be of the latest revision or printing unless otherwise stated and is intended to establish the minimum requirements acceptable. 2.7 For those materials specified without the use of brand names, the Contractor shall submit within thirty (30) days after his receiving the Construction Contract for signatures, any product that meets the express requirements of the Specifications. Such Submittal shall include manufacturer's data, test reports, performance data and certifications, samples, erection details, and other applicable information as required to permit determination by the Designer whether such proposed products are suitable. The Designer shall be the sole judge as to the suitability of any proposed product. The burden of proof of quality rests with the Contractor. 2.8 The Contractor is required to examine and read the complete set of Contract Documents for information concerning the Work, because some of the Work for which the Contractor will be responsible may be indicated on or in documentation applying primarily to the Work of one or more other separate prime contractors. No allowance will be made for the Contractor's failure to become familiar with the complete set of project documents. 2.9 Contractor's requests for clarification or information shall clearly define the cause(s) of Contractor's request and, as appropriate, shall include Contractor's interpretation and Contractor's proposed solution. ARTICLE 3. FAMILIARITY WITH WORK, CONDITIONS AND LAWS 3.1 The Contractor has investigated prior to bidding and is satisfied with all conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electrical power, roads and uncertainties of weather, or similar physical conditions at the Project site, and the character of equipment and facilities needed prior to and during prosecution of the Work. The Contractor is satisfied as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from inspection of the Project site, including all exploratory work done by the Owner, as well as from information presented by the Contract Documents, or any other information made available to the Contractor prior to receipt of bids. Any failure by the Contractor to become acquainted with the available information shall not relieve the Contractor from the responsibility for estimating properly the difficulty or cost of successfully performing the Work. 3.2 The Contractor shall be entitled to make all inferences from the Contract Documents that would reasonably be made by a contractor having knowledge and experience with similar work; however, the Contractor shall not be entitled to infer from the Contract Documents any fact or condition which would not be inferred by a contractor having knowledge and experience with similar work and the Contractor shall be required to obtain independently such other information as a knowledgeable and experienced contractor would prudently obtain in order to evaluate any such condition. 3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws, ordinances, rules, and regulations which may in any manner affect those engaged or employed in the Work, or the materials or equipment in or about the Work, or in any way affect the conduct of the Work and agrees that the Contractor and the Contractor's employees, subcontractors, Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 9 and suppliers will, at all times, comply with same. If the Contractor shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any such law, ordinance, rule, or regulation, the Contractor shall immediately give notice thereof to the Designer and the Owner in writing, identifying any items of Work affected, and the Contractor shall not proceed until the Contractor has received written direction from the Designer with respect to these items. If the Contractor performs contrary to or inconsistently with any such law, ordinance, rule, or regulation without such written direction, the Contractor shall bear all costs which are a consequence of such performance. 3.4 At times selected by the Designer after execution by the Contractor of the Construction Agreement, a pre-construction conference shall be scheduled and conducted for the benefit of the Project. ARTICLE 4. BONDS 4.1 A performance bond in the full amount of the Contract Price shall be required of the Contractor to guarantee the faithful performance of the Work in compliance with the Contract Documents, in such form as may be required by law and approved by the Owner. The bond shall be dated the same date as the Construction Contract and must be accompanied by a current copy of the power of attorney for the attorney-in-fact executing such bond on behalf of a surety company licensed to do business in the state of North Carolina. 4.2 A payment bond in the full amount of the Contract Price shall be required of the Contractor to guarantee the payment of all labor and material costs or claims in connection with compliance with the Contract. The payment bond shall be in such form as may be required by law and approved by the Owner. Said bond shall be dated and executed in the same manner as the performance bond in paragraph 4.1. ARTICLE 5. INSURANCE AND INDEMNITY 5.1 CONTRACTOR PROVIDED INSURANCE The Contractor shall, without limiting its obligations or liabilities, procure, pay for and maintain such insurance as is required by law and as is required by this Agreement to protect the Contractor and the Owner from claims for damages for bodily injury, including death, and from claims for property damage which may arise from the Contractor's or its representatives', consultants', Subcontractors', agents', or employees' operations under this Agreement. Such insurance shall be of the kinds and have limits of liability and coverages not less than the minimum limits hereinafter specified or required by law, whichever is greater. The Owner makes no representation as to the adequacy or sufficiency of such coverages. The following requirements shall in no way be construed to limit or eliminate the liability of the Contractor, which arises from performance of Work under the Agreement. The Contractor is strictly responsible for any losses, claims, and costs of any kind which exceed the Contractor's limits of liability, or which may be outside the coverage scope of the policies. The insurance specified shall be provided by an insurer approved by the Owner, authorized to do such business in the State of North Carolina, and on terms approved by the Owner. Insurance companies utilized shall have a minimum rating of A- and Class VII as evaluated by the most current A.M. Best Rating Guide. If the insurer has a Best Rating less than A- and Class VII, the i Revised 7/14 P i I I' i C DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 10 Contractor must receive specific written approval from the Owner prior to proceeding with any Work under the Agreement. All agents and brokers shall hold valid licenses from the State of North Carolina. Before commencing mobilization to the Project site and not later than 7 days after the receipt of the Construction Contract by the Contractor for signatures, the Contractor shall furnish to the Owner a certificate or certificates of insurance in a form satisfactory to the Owner. Upon request of the Owner, the Contractor shall provide the Owner with certified copies of the insurance policies required by this Article, including without limitation declaration pages, conditions, exclusions and endorsements, and confirmation that each policy premium has been paid for the required term of this Agreement. A copy of the umbrella policy shall be provided to the Orange County Risk Manager. Certificates shall be signed by a person authorized by that insurer to bind coverage on its behalf. All insurance policies shall provide, as evidenced by Certificates of Insurance, that the insurance shall not be canceled, reduced, restricted, or changed in any way without at least 30 days prior written notice to the Owner. With regard to expiration, cancellation, reduction, restriction, or any other change, certificates shall state: "Should any of the following described policies be canceled before expiration date or be due to expire within 30 days, the insurer shall mail 30 days prior written notice to named certificate holder." In the event of any such cancellation, non-renewal, reduction, restriction, or change in any insurance, the Contractor is obligated to replace such insurance within 7 days without a gap in coverage and file accordingly such notice with the Owner, and other interested parties. Failing immediate receipt of evidence of such replacement of insurance the Owner reserves the right to procure such insurance as the Owner considers desirable and the Contractor shall pay or reimburse the cost of the premium in respect thereof. It is expressly provided, however, that any action or inaction on the part of the Owner in this respect shall in no way change or reduce the Contractor's responsibilities and liabilities under this Agreement. Self-funded, policy fronting, or other non-risk transfer insurance mechanisms are not acceptable without prior written approval of the Owner. Full disclosure of such a program must be made prior to commencing mobilization to the Project site. Failure to make a full disclosure constitutes a material breach of the Agreement,justifying termination for default. The Contractor shall name the Owner, the Designer, the Designer's consultants, and the Construction Manager as additional insureds under all its insurance contracts (except workers' compensation) with respect to and including without limitation liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to additional insureds. For any claims related to this Project, the Contractor's insurance or self-insurance shall be primary and noncontributory with respect to the Owner's insurance. Any insurance or self- insurance maintained by the Owner shall be excess and noncontributory with respect to the Contractor's insurance. All policies of insurance shall contain a clause waiving rights of subrogation against the Owner, unless the Owner approves otherwise in writing. Limits of coverage are not to be amended by deductible clauses of any nature without the express written consent of the Owner. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 11 The Contractor shall be solely responsible for any deductible assumptions that may exist in any insurance policies required under this Agreement. In addition, the Contractor shall be responsible and shall not be reimbursed for any losses arising from any risk or exposure not insured as required herein, or not covered as a result of a normal policy exclusion or that falls within the self-insured retention, if Contractor self-insured. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The claim provisions in the Contractor's insurance policies must specifically state the insurance company or Contractor's Third Party Administrator, if self-insured, has both the right and duty to adjust a claim and provide defense. The policies shall not contain any provision or definition which would serve to exclude or eliminate from coverage third party claims, including exclusions of claims for bodily or other injury to shareholders, partners, officers, directors, or employees of the insured, the premises owner, real estate manager, or the insured's Subcontractor, or any family relative of such persons. If the policies contain any warranty stating that coverage is null and void (or words to that effect) if the Contractor does not comply with the most stringent regulations governing the Work, it shall be modified so that coverage shall be afforded in all cases except for the Contractor's willful or intentional noncompliance with applicable government regulations. Any failure by any person to comply with reporting or other provisions of the policy including breach of warranties, shall not affect coverage provided to the Owner and its representatives, officials, and employees. The insolvency or bankruptcy of the Insured or of the Insured's estate shall not relieve the insurance companies of their obligations under these policies. Any clauses to the contrary are unacceptable and must be stricken. Failure to comply with these requirements shall be a material breach of this Agreement justifying termination for default. 5.1.1 Worker's Compensation and Employers' Liability Insurance The Contractor and its Subcontractors shall procure and maintain Workers' Compensation Insurance in the amount and type required by the State of North Carolina and federal law for all employees employed under the Agreement who may come within the protection of Workers' Compensation Laws and covering all operations under the Agreement whether performed by the Contractor or by his Subcontractors. In jurisdictions not providing complete Workers' Compensation protection, the Contractor and his Subcontractors shall maintain employers' liability insurance in an amount, form, company, and agency satisfactory to the State of North Carolina and the Owner for the benefit of all employees not protected by Workers' Compensation Laws and covering all operations under the Agreement whether performed by the Contractor or by his Subcontractors. The Contractor shall pay such assessments as will protect the Contractor and the Owner from claims under the Workers' Compensation Laws, workers' or workmen's compensation disability benefits, and other similar employee benefit acts. The current Experience Modification Factor shall be indicated on the Certificate of Insurance. Coverage under this section shall be as required by federal and state Workers' Compensation and Occupational Disease Statutes, and shall have minimum limits as follows: Coverage A: Statutory, State of North Carolina Employers' Liability: Each Accident $1,000,000 Disease - Policy Limit $1,000,000 Disease - Each Employee $1,000,000 Such insurance shall include Voluntary Compensation coverage, a Waiver of Subrogation Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 12 in favor of the Owner as well as other endorsements that may be required by applicable jurisdictions. 5.1.2 Automobile Liability Insurance The Contractor shall procure and maintain automobile insurance against liability for bodily injury and property damage as described below, that may arise with respect to the Work being performed under the Agreement, and as will provide protection from claims which may arise out of or result from the Contractor's performance of the Work and the Contractor's other obligations under the Agreement, whether such performance of the Work is by the Contractor, by any representative or Subcontractor, by anyone, both officially and personally, directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. This policy of insurance shall carry the following minimum Limit of Liability: Combined Single Limit $1,000,000. The policy of insurance shall contain or be endorsed to include the following: a) owned, hired, and non-owned automobile liability. b) If the policy contains a warranty stating that coverage is null and void (or words to that effect) if the transporter does not comply with the most stringent regulations governing the Work, it shall be modified so that coverage shall be afforded in all cases except for the transporter's willful or intentional noncompliance with applicable government regulations. Any failure by any party to comply with reporting or other provisions of the policy including breach of warranties, shall not affect coverage provided to the Owner and its representatives, officials, and employees. No subcontracting of waste hauling shall be permitted without prior, written approval of the Owner. 5.1.3 General Liability This policy must be written on an Occurrence basis, with the following minimum Limits of Liability: General Aggregate per project $2,000,000.00 Products/Completed Operations Aggregate $2,000,000.00 Bodily Injury and Property Damage csl/each occurrence $1,000,000.00 Personal Injury and Advertising Injury $2,000,000.00 The policy of insurance shall contain or be endorsed to include the following: a) Blanket Contractual Liability covering Contractor's indemnification obligations under this Agreement, in accordance with ISO policy form CG 00 01. Modifications to the standard provision will not be acceptable if they serve to reduce coverage. b) Premises/Operations Liability. c) Explosion, collapse, and underground fault. d) Independent Contractors and Independent Subcontractors coverage. e) Broad Form Property Damage. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 13 f) Personal Injury g) Cross Liability/Severability of Interest clause. h) Employer's Stop-Gap Liability endorsement, if applicable. i) Amendment of the Pollution Exclusion Endorsement to allow coverage for bodily injury or property damage caused by heat, smoke, or fumes from a hostile fire. j) Designated General Aggregate Limit Endorsement if required by the Contract Documents. Coverage shall remain continuously in effect and without interruption for at least 6 years from the date of the Notice of Award and shall include coverage for exposures arising from operations that have been completed. The Contractor shall furnish the Owner and each other additional insured listed in the Agreement to whom the Certificates have been issued, evidence satisfactory to the Owner of continuation of such insurance at the date of Preliminary Acceptance and each year thereafter. 5.1.4 Pollution Legal Liability (PILL) Pollution Legal Liability coverage will be provided if required by the Supplementary General Conditions. 5.1.5 Umbrella Liability The Contractor shall maintain an occurrence basis (as distinguished from a "claims made" basis) Umbrella Liability policy (true follow form) over the underlying General Liability, Automobile Liability, and Employer's Liability, with the following limits of liability: Each Occurrence $3,000,000, Aggregate $3,000,000. On a fully insured basis such coverage will be subject to a deductible no greater than $10,000 per occurrence where coverage is not provided by the underlying insurance, but is provided by the Umbrella Liability policy. The Contractor may use any combination of primary and umbrella insurance policies to comply with the insurance requirements, provided the resulting insurance is equivalent to the insurance stated herein. All Occupational Disease exclusions must be deleted. Any Pollution Exclusion must be amended to allow coverage for bodily injury or property damage caused by spill, upset, overturn, heat, smoke, or fumes from a hostile fire. 5.1.6 Property Insurance The Contractor shall purchase All Risk Property Insurance on a Completed Value Form in the names of the Owner, Contractor, Subcontractors, and sub-subcontractors as their interests may appear with limits as follows: a) Full insurance value of the Work, or b)Amount equal to the Contract Price for the Work, whichever is higher. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 14 The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work. The insurance coverage evidencing such shall include a waiver of subrogation in favor of the Owner. 5.1.7 Valuable Papers and Records The Contractor shall provide valuable papers and records insurance with coverage in an amount commensurate with project scope and set forth in the Supplementary General Conditions. 5.1.8 Claims The Contractor shall notify the Owner within 24 hours of any claims or alleged claims received by the Contractor covered by any of the policies of insurance required in this Agreement. The Contractor shall provide a written copy of the claim or alleged claim to the Owner within 3 days of the Contractor's receipt of the claim or alleged claim. If a claim is settled to the satisfaction of the claimant, the Contractor shall submit a copy of the claimant's release to the Owner. If a claim or alleged claim is rejected by the Contractor and/or its insurance company, the Contractor shall immediately report this fact to the Owner. Should 30 days elapse after the claim or alleged claim has been received by the Contractor, and the Contractor is not able to report a settlement or rejection of the claim, it shall report to the Owner the steps being taken with respect to the claim. Without limiting the foregoing, the Contractor shall notify in writing the county risk manager of any paid or incurred claims which may impair annual aggregate or general liability. 5.1.9 Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Owner. At the option of the Owner, either: a) the insurer shall reduce to a maximum of$250,000 or eliminate such deductibles or self-insured retentions with respect to the Owner, or(b) the Contractor shall provide evidence of collateral provided to insurers or procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the deductible or self-insured retention amount. Any self-insured retention or deductible amount on the policy shall not reduce the amount of collectible limits or liability. 5.1.10 Subcontractors The Contractor shall include all Subcontractors as Insureds under its policies, or shall furnish separate certificates, policies, and endorsements for each Subcontractor the Contractor intends to use. If a Subcontractor does not take out insurance in his own name and the Contractor wishes to provide insurance protection for such Subcontractor and such Subcontractor's employees, the Contractor shall either (a) procure appropriate policies in the name of the Subcontractor, or(b) cause a rider or riders to be attached to the Contractor's policies which shall identify the Subcontractor thereby covered; provided, however, in the case of the latter option, such a rider need not be attached to the Contractor's workers' compensation policy if such policy by its terms is sufficiently broad to cover the employees of all Subcontractors performing Work under the Contract Documents. Except as otherwise approved by the Owner in writing, Limits of Liability and coverage scope must be at a minimum as stringent as required of the Contractor by the Contract Documents. All Work performed for the Contractor by any Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 15 Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance as provided herein. Insurance monies received from any loss shall be divided as the respective interest of the parties affected shall appear. 5.2 OWNER CONTROLLED PROJECT SPECIFIC INSURANCE In the event the Owner elects to purchase project-specific insurance affording coverage to the Contractor and Subcontractors, the terms and conditions of such coverage shall be set forth in the Supplementary Conditions. 5.3 CONTRACTOR AS JOINT VENTURE If the Contractor is completing this Project on a joint venture basis, both joint venture partners retain all liabilities assumed by this Agreement, individually and collectively. This may include, but is not limited to, all premiums due, deductibles/self-insured retentions, coinsurance provisions, claim provisions, insurance policy conditions, and indemnification provisions hereunder. Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability and Contractor's Pollution Legal Liability carriers of each joint venture partner for a period of 6 years after completion of the Project, substantially as follows: With respect to "your work", and the "products-completed operations hazard", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you were a partner or member, even though this partnership or joint venture is not shown as a Named Insured in the Declarations. This coverage is excess over any available liability purchased specifically to insure the partnership or joint venture. This coverage will not inure to the benefit of any other party except you." 5.4 INDEMNIFICATION The Contractor, to the fullest extent not expressly prohibited by law, shall defend, indemnify, and save harmless the Owner, the Designer, the Construction Manager and their respective officials, officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, liens, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto, (including, without limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorneys'fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of but not limited to: a) bodily injury (including sickness, disease, or death) to any person including but not limited to, the Contractor's employees or its representatives while on the site of the Project; or b) actual or alleged damage (including loss of use) to any property (public or private, including the Project or other property on the Project site); or c) contamination of or adverse effects on the environment arising directly or indirectly out of or in connection with the performance of the Work, including but not limited to any hazardous or toxic waste, substance, or constituent of any substance subject to regulation under CERCLA, RCRA, TSCA, and other Federal and state authorities that is spilled, released, threatening to release, or disposed of or destroyed by the Contractor or its Subcontractors on or off the site of the Project or while in transport to or from the site; or Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 16 d) any violation or alleged violation of laws and regulations, arising out of or in any way connected with the Work, caused in whole or in part by the Contractor, any Subcontractor or supplier or any representatives of the Contractor. The Contractor shall not be required to indemnify the Owner against losses resulting from a breach of this Agreement by the Owner or its other agents and contractors, or resulting from negligence, misconduct or violation of laws on the part of the Owner or its other agents and contractors. e) upon completion of the Work the Contractor shall execute an affidavit, indemnification, and release stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liabilities, liens, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such claims, liabilities, liens, losses, damages, causes of action, or expenses. Such affidavit, indemnification, and release shall be in a form and substance acceptable to Owner. By executing this Agreement Contractor acknowledges the receipt of adequate consideration in return for said release. The Contractor further agrees to obtain, maintain, and pay for such liability insurance coverages and endorsements as will insure the provisions of this paragraph 5.4. Furthermore, the Contractor agrees to be liable for and to indemnify and reimburse the Owner for all legal fees and disbursements paid or incurred to enforce the provisions of this paragraph. The indemnification obligations under this paragraph shall not be limited in any way by the amount or type of damages, compensation or benefits payable under worker's compensation acts, disability benefit acts, other employment benefit acts, or the amount of insurance carried or recovered. The Owner acknowledges that hazardous or toxic waste, material, chemicals, compounds or substances, or other environmental hazards, contamination or pollution, (referred to hereinafter as "environmental hazards") may be present at the Project site that were not created, generated, or released at the Project site by the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others. Unless the remediation, abatement or handling of such environmental hazards is part of the scope of the Work under this Agreement, then upon the discovery of such environmental hazards, the Contractor shall immediately, and in no event more than three days later, give notice to the Owner of the environmental hazards before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the environmental hazards, and make such changes in the Drawings and/or Specifications as they may find necessary to abate, remediate, isolate or handle the environmental hazards. Any increase or decrease in the Contract Price or the Contract Time resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. It is agreed that the Contractor shall have no liability under this Agreement for any environmental hazards existing prior to the date that Work commences under this Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others, by their own negligence or misconduct, release or expose the Owner or third parties to the environmental hazards. The provisions of this paragraph shall survive the termination or cancellation or completion of this Agreement. 5.5 RISK MANAGEMENT POLICY Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 17 The Orange County Risk Management Policy shall not apply to construction contracts for amounts over$250,000. The terms of these General Conditions related to insurance shall be the sole authority governing insurance requirements for such contracts. ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS 6.1 The Designer shall furnish to the Contractor the number of copies of Drawings and Specifications stated in the Contract Documents. Additional copies of Drawings and Specifications may be obtained at the cost of reproduction and handling. 6.2 The Contractor shall submit to the Designer all Submittals required by the Contract Documents. The Contractor shall submit at least three (3) reproducible prints of all shop drawings. The Contractor shall submit samples in quantities required by the Contract Documents. The Contractor shall submit product data in at least five (5) copies. All shop drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval before being forwarded to the Designer. Submittals shall be submitted in such time as to cause no delay to the Work or any part thereof and in accordance with the Contract Construction Schedule and Submittal Register. The Designer shall review the submittal with reasonable promptness, noting desired corrections, if any. The Designer shall retain two (2) copies of the submittal and shall return the balance of the reviewed submittal to the Contractor for action. The Contractor shall furnish any corrected submittal to the Designer. The Designer shall retain two (2) copies of the corrected submittal and will return the balance of the reviewed submittal to the Contractor. All substitutions prior to the receipt of bids shall be in accordance with the Contract Documents. Refer to Instructions to Bidders, Substitutions. The Contractor acknowledges that the processing of shop drawings and other submittals is directly impacted by the clarity, completeness, and accuracy of said documents and that it is the Contractor's responsibility to (i) review and coordinate each submittal with all other related or affected Work and (ii) approve each submittal before submitting same to the Designer for approval. 6.3 No substitutions and no deviations from any requirement of the Contract Documents shall be deemed allowed unless the Contractor has specifically informed the Designer and the Owner in writing of such deviations at the time of submittal and the Designer and the Owner have given written and specific approval to the substitutions or deviations. In proposing a deviation or substitution the Contractor warrants to the Owner, notwithstanding any review, allowance or approval by the Designer or the Owner that the deviation or substitution is at least equal to or better in quality and for the purpose intended, and that Contractor shall not by reason of any such review, allowance or approval be relieved from any obligation or responsibility contained in the Contract Documents. 6.4 Review of submittal by the Designer shall not be construed as relieving the Contractor from responsibility for compliance with terms or designs of the Contract Documents nor from responsibility for errors of any sort in the submittal. 6.5 The Contractor shall keep one record copy marked "As-Built" of all Specifications, Drawings, Addenda, Modifications, and Submittals at the Project in good order and annotated at least monthly to show all changes made during the construction process. Such monthly annotations Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 18 and their approval by the Designer shall be a condition precedent to approval by the Designer of each monthly Request for Payment. Said record copy shall be stored at the Project and fully protected from damage by fire or other hazard. This record copy shall be available to the Designer and Owner for inspection at all times and shall be delivered to the Designer for the Owner's purposes prior to the Designer's certifying Substantial Completion of the Work. 6.6 At completion of the Project and before Final Payment, the Contractor shall assemble and deliver to the Owner one complete set of all as-built drawings and one complete set of all approved submittals, product data, and samples which were reviewed by the Designer. These drawings and submittals shall be on paper, or in electronic or other media if required by the Supplementary Conditions. These drawings and submittals shall be categorized and packaged as directed by the Designer. ARTICLE 7. CONTRACTOR 7.1 The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as may be set forth specifically 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. 7.2 The Contractor shall appoint a Project Manager and shall keep on the Project at all times during its progress a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Owner except under extraordinary circumstances, in which event immediate written notice shall be given to the Designer and the Owner. The Project Manager and the Resident Superintendent may be the same person or different persons. At any time, the Owner, in its sole and absolute discretion, may require the Contractor to replace the Project Manager or Resident Superintendent with an experienced and competent person or persons upon seven (7) days written notice from the Owner to the Contractor. Such replacement shall be at the Contractor's expense and at no cost to the Owner. Both the Project Manager and the Resident Superintendent shall have authority to act on behalf of the Contractor, and instructions, directions or notices given to either of them shall be as binding as if given to the Contractor. 7.3 The Contractor shall provide sufficient competent and suitably qualified personnel, equipment, and supplies to lay out the Work and perform construction as required by the Contract Documents. The Contractor will at all times maintain good discipline and order at the site, and will comply with all applicable OSHA standards. Any person employed by the Contractor, any Subcontractor, or any sub-subcontractor who, in the opinion of the Designer or the Owner, does not perform his Work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Owner or Designer, be removed forthwith by the Contractor, Subcontractor, or sub-subcontractor employing such person without cost to the Owner, and shall not be employed again in any portion of the Work without the written approval of the Owner or Designer. Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the Work within three (3) days after written Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 19 order, the Owner may withhold further payment by written notice until compliance with such order. 7.4 If, in the opinion of the Designer or the Owner, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, he shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer or the Owner in writing. 7.5 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools appliances, fuel, light, heat, and all other facilities and incidentals necessary for the execution, maintenance, initial operation, and completion of the Work, other than those specifically excluded by the Contract Documents and to be furnished by the Owner or others. When use or storage of hazardous materials or equipment or methods of more than ordinary risk are necessary in accomplishing the Work, the Contractor shall give the Owner and Designer reasonable advance notice. If any materials are to be furnished or installed by the Owner or others under the terms of the Contract Documents, said materials shall be made available to the Contractor at the location(s) specified in the Contract Documents. All costs of handling, transportation from the specified location to the Project, storage, and installing of Owner-furnished materials shall be included in the Contract Price. The Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such Owner-furnished material. The Owner shall deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good any such damage, loss, or efficiency. All equipment which is proposed to be used in the Work shall be of sufficient size and in such mechanical condition as to meet the requirements of the Work and produce a satisfactory quality of work. Equipment used on any portion of the Work shall be such that no injury to previously completed Work, adjacent property, or existing facilities shall result from its use. When the methods and equipment to be used by the Contractor accomplishing the Work are not prescribed in the Contract Documents, the Contractor shall be free to use any methods or equipment that will accomplish the Work in conformity with the requirements of the Contract Documents. When the Contract Documents specify the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Designer. If the Contractor desires to use a method or type of equipment other than specified in the Contract Documents, the Contractor may request authority from the Designer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it shall be on the condition that the Contractor shall be fully responsible for producing Work in conformity with the requirements of the Contract Documents. If, after trial use of the substituted methods or equipment, the Designer determines that the Work produced does not meet the requirements of the Contract Documents, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining Work with the specified methods and equipment at no additional cost to the Owner. The Contractor shall remove any deficient Work and replace it with Work of specified quality, or take such other corrective action as the Designer may direct. No change in the Contract Price or in Contract Time shall be made as a result of authorizing a change in methods or equipment under this paragraph. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 20 7.6 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Project site in their original packages or containers with seals unbroken and labels intact. Materials shall be so stored as to assure the preservation of their quantity, quality and fitness for the Work. Stored materials, even though approved before storage, may again be inspected by the Designer or Owner prior to their use in the Work and shall meet the requirements of the Contract Documents at the time they are incorporated into the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Designer and the Owner. Materials to be stored at the Project or on the Owner's property shall not create an obstruction to the Owner's or other contractor's reasonable activities. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Owner a copy of the property owner's permission. All storage sites on private or the Owner's property shall be restored to their original condition by the Contractor at his entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 7.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processor, except as otherwise provided in the Contract Documents. 7.8 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of the Contractor's own employees. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor or supplier and the Owner or the Designer, or any obligation on the part of the Owner or the Designer to pay or see to the payment of any money due any such Subcontractor or material furnisher except as may otherwise be required by law. The Owner or the Designer may furnish to any Subcontractor or supplier, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. 7.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors. 7.10 The Contractor agrees to bind specifically every Subcontractor to the terms and conditions of the Contract Documents for the benefit of the Owner and to furnish written evidence thereof to the Designer and the Owner within seven (7) days after written request by the Owner. 7.11 The Contractor shall attend job progress conferences and all other meetings or conferences as directed by the Designer. The Contractor shall be represented at these job progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. Job progress conferences shall be open to Subcontractors, suppliers and any others who may contribute beneficially toward maintaining required job progress, and such personnel shall be encouraged by the Contractor to attend. It shall be the principal purpose of job progress conferences to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress of the Project on Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 21 schedule and to complete the Work and the Project by the specified Completion Dates. The Contractor shall be prepared to assess progress of the Work as required in the Contract Documents and to recommend remedial measures for correction of progress as may be appropriate. The Designer shall preside as chairman and arrange for minutes to be taken and circulated. In the event that the prosecution of the Work is discontinued for any reason, the Contractor shall notify the Designer and the Owner at least forty-eight (48) hours in advance of resuming operations. Should the terms of the Contract Documents require completion of one or more portions of the Work for the Beneficial Occupancy of the Owner prior to completion of the entire Work, the Contractor shall complete such portion(s) of the Work on or before the date specified. Such completion shall include the obtaining of all government or other permits, permission, and/or approvals necessary to occupancy. The Contractor shall independently estimate the difficulties involved in arranging the Work to permit such Beneficial Occupancy and shall not claim any additional compensation or time extension by reason of any delay or increased cost due to completing such portion(s) of the Work. The Owner's possession and use of such portion(s) of the Work shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. The Owner shall be responsible for the security, maintenance, utilities, and insurance of all portions of the Work completed and beneficially occupied by the Owner. 7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the use of any invention, design process, or device which is the subject of patent rights or copyrights held by others, except for inventions, design processes, or devices specified by the Designer in the Contract Documents. The Contractor shall indemnify and hold harmless the Owner, the Designer, and anyone directly employed by either of them, from and against all claims, damages, losses and expenses, including attorney's fees and costs of defense, arising out of any infringement or alleged infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any actual or alleged infringement of such rights. 7.13 The Contractor shall secure and pay for all permits, including without limitation construction permits and licenses, and will pay all governmental charges and inspection fees necessary for the prosecution of the Work. 7.14 The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work and shall protect and indemnify the Owner and the Owner's officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or by the Contractor's employees, Subcontractors, sub-subcontractors, or their employees. 7.15 The Contractor shall be responsible for the entire site of the Project (except those under the Beneficial Occupancy of the Owner) and for its reasonable and necessary protection and security, as required by laws or ordinances governing such conditions, or by custom or sound construction practices, and shall share such responsibilities as may be agreed upon among them, or in the absence of such agreement, as may be directed by the Contract Documents, Owner, or Designer. The Contractor shall be responsible for any damage to the Owner's property, or that of others, by the Contractor or the Contractor's employees, Subcontractors, Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 22 sub-subcontractors, or their employees or agents, and shall make good such damages. The Contractor shall be responsible for and pay for any such claims against the Owner. 7.16 The Contractor shall protect all landscaping designated to remain in the vicinity of the operations and barricade all walks, roads, and areas as necessary to keep the public away from the construction. 7.17 The Contractor shall provide cover and/or protect all portions of the Work and provide all materials necessary to protect the Work whether performed by the Contractor or any of the Subcontractors or sub-subcontractors. Any Work damaged through the lack of proper protection, or from any other cause, shall be repaired or replaced without extra cost to the Owner or extension to the Contract Time. The Contractor shall maintain the Work during construction and until the Work is accepted. This maintenance shall constitute continuous and effective effort prosecuted day by day, with adequate equipment and forces so that the Work is maintained in satisfactory condition at all times. All costs of maintenance shall be included in the Contract Price and the Contractor will not be paid an additional amount for such effort. Should the Owner or Designer observe that the Contractor at any time has failed to maintain the Work as provided herein, the Designer may immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. Should the Contractor fail to properly respond to the Designer's notification, the Owner may, at the Contractor's expense, take such action as it may deem appropriate to remedy the defective maintenance, including suspension of the Contractor's Work or any part thereof. Any such expense incurred by the Owner shall be deducted from monies due or to become due the Contractor. Parking lots, streets, and walks connecting to the Project area shall be protected by the Contractor from deposits of mud, sand, stone, litter, or debris in any form. Pedestrian traffic areas around the construction limits must be maintained in a clean and safe condition at all times with required barricades and covered walkways. When excavation or other operations outside the Project limits is required, the Contractor shall, immediately following that work, return the area to its original condition. All catch basins and storm drain lines in the vicinity of the Project site shall be protected at all times from entry of dirt, rubble and other debris. The residue from the cleaning of trucks, wheelbarrows, concrete buggies, etc. must be prevented from entering the drainage system, and if cleaning is done, the residue must be contained and removed from the Project site with other refuse. 7.18 No burning of refuse or debris shall be allowed inside or around the Project during the course of construction without written authority from authorities having jurisdiction and the Owner. 7.19 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons involved with the Work. Such measures and programs shall include the requirements of the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction], or equivalent requirements, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 23 code requirements relating to the prevention of accidents or injuries to persons on or about the location of the Work. All trenches, excavations, or other hazards in the vicinity of the Work shall be well barricaded, and properly lighted at night. When Work requires closing of an area normally used by the Owner or the public, the Contractor shall furnish, erect, and maintain temporary barricades, and properly light the area. The Contractor shall comply with any directions and public authorities in this respect. 7.20 The Contractor shall designate a responsible officer or employee as safety inspector, whose duties shall include accident prevention on the Project as well as implementation of the Contractor's safety measures and safety programs on the Project. The name of the safety inspector shall be made known to the Designer and the Owner at the preconstruction conference. 7.21 In emergencies affecting the safety of persons, the Work, or property at the Project site or adjacent thereto, the Contractor is obligated to act in the Contractor's discretion to prevent threatened damage, injury, or loss. As soon as practicable, the Contractor shall notify the Designer and Owner of such emergency. The Contractor shall give the Designer and the Owner prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused by such emergency. If the Contractor believes that additional work done in an emergency entitles the Contractor to an increase in the Contract Price or an extension of the Contract Time, the Contractor may make a claim therefore as provided in Articles 14 and/or 15. 7.22 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by the Work. At least weekly and at the completion of the Work, the Contractor shall remove all waste materials and rubbish from and about the Project. At the completion of the Work, the Contractor shall remove all tools, construction equipment, machinery, and surplus materials. The Contractor shall leave the Work in condition for occupancy by the Owner such that no cleaning or other operations are required. Material cleared from the Project and deposited on adjacent property shall not be considered as having been disposed of satisfactorily. If the Contractor fails to keep the Project clean of waste materials or rubbish, fails to satisfactorily clean-up weekly or at the completion of the Work, the Owner may do so and the costs thereof may be deducted from any amounts due the Contractor. 7.23 Utilities, temporary facilities, and signs shall be provided as described in the Contract Documents. Absent a contrary direction in the Supplementary Conditions, the Contractor shall pay all bills for water, electricity, or other public utility service to the Project site. 7.24 The Contractor shall indemnify and hold the Owner, the Designer, the Designer's consultants, and their officers, agents, and employees harmless against all costs, damages, and expenses, including attorney's fees and costs of defense, arising out of claims by any separate contractor or by any Subcontractor, sub-subcontractor, or supplier engaged by or employed by the Contractor or employed by any of the Subcontractors claiming through him, including without limitation damages, losses, and expenses arising out of or relating to any inconvenience, delay, interference, or other action or non-action of the Contractor or the Contractor's Subcontractors on the Project. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 24 The Contractor acknowledges that should the Contractor or any of the Contractor's Subcontractors be damaged by any breach of contract by any other separate prime contractor on the Project, the Contractor may invoke applicable dispute resolution procedures with said other separate prime contractor or bring a direct civil action against said other separate prime contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers, agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor, its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor, notwithstanding whatever rights at law the Contractor might have to bring a civil action against the Owner for any breach, inconvenience, delay, interference, or other action or non-action of any other separate prime contractor. The Contractor agrees to look exclusively to the other prime contractor for relief or remedy. Nothing contained herein or appearing anywhere in the Contract Documents shall obligate or require the Owner to exercise any right or privilege, or to take any action or to refrain from taking any action under any contract it may have with any other prime contractor or party to the Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier claiming through the Contractor. 7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only those portions of the Work deemed accepted in accordance with the Contract Documents, the Contractor shall have charge and care of the Work, and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall as required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to any portion of the Work occasioned by any of the above causes before Final Completion and shall bear the expenses thereof. 7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of materials, drainage, protection of the Work, and erection of temporary structures during the suspension period. 7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work of itself and any other separate contractors, both as to space and time. The Project Expediter shall coordinate the implementation of the Contract Construction Schedule, all construction activities and close-out of the Project, including but not limited to all testing, inspection, certifications, and approvals required by public agencies. The Contractor and the Project Expediter shall each be required to notify the Designer and the Owner promptly of any event or condition which could affect the conduct or progress of the Work and shall cooperate fully with all other contractors on the Project site. 7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 25 7.29 All Work performed pursuant to the Contract Documents shall conform in all respects to the North Carolina State Building Code and all other state, local, and national codes in effect at the time of and applicable to this Work. 7.30 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons at the Project site, and shall comply at all times with the requirements of the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction], or the equivalent requirements of the Contractor's safety program, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building code requirements so as to prevent accidents or injuries to persons on or about the Project site. The Contractor shall clearly mark or post signs warning of existing hazards, and shall barricade excavations, elevator shafts, stairways, and similar hazards. The Contractor shall protect against damage or injury resulting from falling materials, and shall maintain all protective devices and signs throughout the progress of the Work. 7.31 The Contractor shall adhere to the rules, regulations, and interpretations of the North Carolina Department of Labor's Occupational Safety and Health Standards for the Construction Industry (29 CFR Part 1926 as adopted in 13 NCAC 07F.0201, including 29 CFR Part 1910 General Industry Safety and Health Standards applicable to construction) and N.C. Gen. Stat. §95-126 through 155 (Occupational Safety and Health) as well as all revisions and amendments to such standards or statutes as may occur throughout the performance of the Work. 7.32 Any land disturbing activity performed by the Contractor in connection with the Project shall comply with all erosion control measures set forth in the Contract Documents and any additional measures which may be required in order to ensure that the Project is in full compliance with the Sedimentation Pollution Control Act of 1973, as implemented by Title 15 North Carolina administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and 4C, as amended (15 NCAC 4A, 4B, and 4C), and as may be revised or amended in the future. Upon receipt of notice that a land-disturbing activity is in violation of said Act, the Contractor shall be responsible for ensuring that all steps or actions necessary to bring the Project in compliance with said Act are promptly taken. The Contractor shall be responsible for all penalties assessed pursuant to N.C. Gen. Stat. 113A-64 with respect to its Work, and shall indemnify and hold harmless the Owner from all costs and expenses, including attorney's fees and costs of defense arising out of or related to the enforcement of the Act against any party or person described in this Article. 7.33 Any mechanical or electrical work such as sleeves, inserts, chases, etc. located in the Work of the Contractor for general work shall be built in by that Contractor. On multiple prime projects, the mechanical and electrical contractors shall set all sleeves, inserts, and other devices built into the structure in cooperation and under the supervision of the Contractor for general work. The responsibility for exact location of such items shall be that of the mechanical, plumbing, or electrical prime contractor. 7.34 The Contractor shall be responsible for permanently fixed service facilities and systems in use during progress of the Work and shall strictly adhere to the following procedures: a) Prior to acceptance of the Work by the Owner, the Contractor shall remove and replace any part of the permanent building systems damaged through use during construction. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 26 b) Temporary filters shall be installed in each of the heating and air conditioning units, return air grilles, and other locations to prevent intrusion of dust, dirt, and debris during construction. Temporary filters shall be removed and replaced with new filters immediately prior to Substantial Completion. c) Extra effort shall be maintained to keep the building clean and under no circumstances shall air systems be operated if finishing operations are creating dust in excess of what would be considered normal if the building were occupied. d) When the permanent lighting system is used during construction, lamps shall be replaced and shall be new on the date of Substantial Completion. ARTICLE 8. OWNER 8.1 The Owner shall issue communications and notices to the Contractor through the Designer to the extent contemplated by the Contract Documents. 8.2 In case of termination of the employment of the Designer, the Owner shall appoint as Designer a qualified person who shall have and assume all rights and duties held by the original Designer. 8.3 The Owner shall have the right to take possession of and use any portion of the Work notwithstanding the fact that the time for completion of such portion of the Work may not have expired, but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. 8.4 A waiver on the part of the Owner of any breach of any part of the Contractor shall not be held to be a waiver of any other or subsequent breach. 8.5 The Owner shall pay all permanent acreage fees, governmental impact fees, and meter deposits for permanent utilities. ARTICLE 9. CONSTRUCTION MANAGER 9.1 The Owner may employ one or more Construction Managers for the purpose of assisting the Owner, Designer, and Contractor in developing and administering budgets and cost controls, in evaluating constructability and value engineering proposals, in establishing and maintaining a critical path method (CPM) schedule, in coordinating and/or expediting the Work with other projects being constructed by the Owner or others adjacent or near the Work, or for such other purposes as the Owner may deem appropriate. From time to time the Owner may identify such Construction Managers(s) to the Contractor in writing identifying any tasks assigned to such Construction Managers(s). ARTICLE 10. DESIGNER 10.1 The Designer is charged with the responsibility of interpretation of the Contract Documents. The Designer's decisions relating to aesthetic matters shall be final. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 27 10.2 All Work completed under the Contract Documents shall be subject to review by the Designer. No Work is to be covered without the Designer's review or prior authorization. Any Work so covered without the Designer's review or prior authorization shall be uncovered at the Contractor's expense. The Contractor shall notify the Designer in writing at least twenty-four (24) hours in advance of covering any Work. 10.3 The Designer shall not be responsible for the construction means, methods, techniques, sequences, procedures, or the safety precautions and programs incident thereto, and shall not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents, but shall be entitled to enforce any requirements in the Contract Documents specifying particular means, methods, techniques, sequences, or procedures. 10.4 The Designer shall be an Owner's representative during the construction period. The duties, responsibilities and authority of the Designer as the Owner's representative during construction are as set forth in the Contract Documents. ARTICLE 11. TESTING AND SURVEYING 11.1 Laboratory and field tests to determine compliance of construction with the Contract Documents shall be made by the Owner or testing consultants employed by the Owner except those required elsewhere in the Contract Documents to be paid for by the Contractor. The costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor and are included in the Contract Price. Any Work in which untested materials are used without approval or written permission of the Designer shall be removed and replaced at the Contractor's expense. Work found to be unacceptable or unauthorized will not be paid for and, if directed by the Designer shall be removed and replaced at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM or other generally recognized or specifically authorized methods which are current on the date of advertisement for bids shall be made at the expense of the Owner; provided, however, in the event that after such testing any Work is found to be defective or does not meet the requirements of the Contract Documents, the costs of retesting such Work and the costs of inspection services shall be paid by the Contractor. Samples shall be taken by a testing laboratory employed by the Owner.All materials being used are subject to inspection, tests, or rejection at any time prior to or during incorporation into the Work. Copies of all Owner test reports will be furnished to the Contractor at his written request. Copies of Contractor test reports shall be furnished to the Designer upon written request. 11.2 The Owner shall have the right to deduct the costs of additional testing as described in paragraph 11.1 from any money due the Contractor; or if no money is due the Contractor, the Owner shall have the right to recover these costs from the Contractor, from its sureties, or from both. 11.3 All layouts and surveying shall be accomplished by properly qualified personnel duly licensed in the State of North Carolina. ARTICLE 12. SEPARATE CONTRACTS 12.1 It is expressly understood that the Owner may deploy the Owner's own employees or engage other separate prime contractors to perform Work as a part of the Project whose work Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 28 will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate construction activities with such other contractors, particularly with respect to access to work areas, storage of materials, and use of elevators and other common facilities. The Contractor shall diligently and in good faith cooperate with the Owner, the Designer, and all other contractors with respect to such matters and shall regularly and faithfully attend any and all meetings called by the Owner or the Designer with respect to such matters. Any disputes between the Contractor and any other separate prime contractor with respect to such matters shall be resolved in accordance with the claim and dispute resolution procedures in the Agreement. ARTICLE 13. CONTRACT TIME 13.1 Within fourteen (14) days after receipt of the Construction Contract by the Contractor for signatures, the Project Expediter shall prepare and submit to the Designer and Owner for review and approval a preliminary progress schedule for the Work pursuant to the requirements stated in the Contract Documents. 13.2 Within fourteen (14) days after initial receipt of the Construction Contract for signatures the Contractor shall submit to the Designer a Submittal Register listing all Submittals the Contractor is required to make or proposes to make under the Contract Documents, the dates on which the Contractor proposes to make such Submittals and the dates by which the Contractor reasonably requires a response from the Designer with respect to each Submittal. The dates submitted shall be incorporated into the Contract Construction Schedule as Completion Dates when they have been approved or modified by the Owner. The Designer shall not be required to review any Submittal from the Contractor until a Submittal Register acceptable to and approved by the Owner has been submitted by the Contractor. 13.3 Not later than thirty (30) days following execution and delivery of the Construction Agreement by Owner to Contractor, the Owner shall deliver to the Contractor a Notice to Proceed. The Notice to Proceed shall state a commencement date on which it is expected that the Contractor will begin the Work to be performed under the Agreement. The Contract Time shall be measured from said specified commencement date. The commencement date stated in the Notice to Proceed shall not be earlier than three (3) days after the Notice to Proceed is served on the Contractor. If, other than by mutual agreement, said specified commencement date is more than thirty (30) days after the date of execution and delivery of the Agreement from Owner to Contractor and the Contractor believes said delay justifies an increase in Contract Price and/or an extension of Contract Time, the Contractor may make a claim therefore as provided in Article 14 and/or Article 15. No Work shall be done prior to the date specified in the Notice to Proceed. A final Contract Construction Schedule shall be submitted for approval by the Contractor, Designer, and Owner no later than fourteen (14) days after Notice to Proceed. No payments shall be due the Contractor until this schedule is approved by all parties. 13.4 The Contract Construction Schedule is a Contract Document. The Contractor represents that the Contract Construction Schedule has been reviewed in detail, that the Contractor participated in its preparation, that all of the activities which impact, limit, or otherwise affect the time of completion of the Work are shown in the Contract Construction Schedule and that all of the activities of others which impact, limit, or otherwise affect the start, duration, or completion of Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 29 the Contractor's activities are also shown. The Contractor further represents that the Contractor can and will complete each activity within the time shown for that activity. Time is of the essence with respect to each such activity and Completion Date. 13.5 If the Contractor submits a construction schedule, progress report, or any other document that indicates or otherwise expresses an intention to achieve completion of the Work prior to any Completion Date required by the Contract Documents or prior to expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 13.6 If the Contractor, for reasons beyond the Contractor's control, is delayed in beginning any activity, the Contractor shall, nevertheless, have the same number of days as is shown in the Contract Construction Schedule for the activity, and the affected activity and any succeeding activity that is dependent upon that activity shall be adjusted accordingly; provided that at any time the Owner, by means of a Change Order, may require the Contractor to work overtime, to increase labor forces or to take any necessary or appropriate action to decrease the time required for any activity, and the Contractor shall be entitled to an adjustment in the Contract Price computed in accordance with Article 15 of these General Conditions. 13.7 At any time, the Owner may order the Contractor, on seven (7) days written notice, to begin any activity earlier than the starting date shown on the Contract Construction Schedule. 13.8 Should the Contractor fail to start any activity on the start date shown in the Contract Construction Schedule or as it may have been adjusted in accordance with paragraphs 13.5 or 13.6 above, or become delayed, the Contractor shall, without being entitled to any increase in the Contract Price or other compensation, work overtime, increase labor forces or take such other action as may be necessary or appropriate to complete the activity by the Completion Date shown on the Contract Construction Schedule, or as such Completion Date may have been adjusted. 13.9 The Designer and Owner or his Construction Consultant shall monitor progress of the work at all times and the Contractor shall cooperate with such monitoring and provide any and all information with respect to the progress of the Work and scheduling as the Owner may reasonably require. 13.10 On a monthly basis, the Contractor shall revise the Contract Construction Schedule, showing any adjustments made in accordance with paragraphs 13.5 or 13.6, above, by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall furnish copies thereof to the Owner and Designer. 13.11 Should any monthly revision of any Contract Construction Schedule show that the Contractor is behind on any activity, the late completion of which could delay Substantial Completion of the Work, the Owner shall be entitled to withhold from the next Progress Payment due the Contractor an amount not exceeding the amount the Owner would be entitled to in Liquidated Damages, should Substantial Completion be delayed by the same number of days that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as shown by any succeeding monthly revision to the Contract Construction Schedule, is such that the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due to the Contractor such amounts as have been withheld in accordance with this paragraph. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 30 13.12 The Owner shall have the right to perform Work, hire and employ labor and craftsmen, rent equipment, subcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay by the Contractor in the progress of the Work. Such action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other responsibility of the Contractor under the Contract Documents. Such action may be taken by the Owner only after three (3) days written notice to the Contractor. All costs incurred by the Owner in taking any such action shall be charged to the Contractor and deducted from any amounts remaining due under the Agreement. 13.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in the Contract Sum) for delays arising from unforeseen causes beyond the control and without the fault or negligence of the Owner, the Contractor or the Contractor's Subcontractors as follows: a) Labor disputes and strikes that directly impact the critical path activities of the Contract Construction Schedule; b)Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed Work or stored materials. c) Acts of the public enemy; acts of the State, Federal, or local government in their sovereign capacities. d) Abnormal inclement weather as defined in Article 13.14. 13.14 On any day that the Contractor considers that the Project is delayed by adverse weather conditions, the Contractor shall identify in writing to the Designer and the Owner the adverse weather conditions affecting each activity, the specific nature of the activity affected, the number of hours lost, and the number of and identity (by responsibility or trade) of workers affected and shall obtain from the Designer written recognition of the delay. The time for performance of this Contract includes an allowance for a number of calendar days which may not be suitable for construction Work by reason of adverse weather. The Contract Time will be extended only if the number.of calendar days of adverse weather recognized by the Designer exceeds the number of inclement weather days set forth below, and the Contractor demonstrates how this adverse weather impacts activities on the critical path of the Contract Construction Schedule. Month Number of Inclement Weather Days January 10 February 10 March 10 April 9 May 10 June 9 July 11 August 10 September 8 October 7 November 8 December 9 Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 31 13.15 If the Contractor believes that the progress of the Work has been adversely affected by adverse weather recognized by the Designer during a particular month, the Contractor shall submit a written request for extension of time to the Designer. Such a request for time extension of the Contract Time shall be submitted by the tenth (10th) day of the month following that month in which the adverse weather is encountered. The request shall include, but is not limited to, the following information: a) Detailed description of weather's effect on scheduled activities and its net effect on the critical path of the Project, and b) Weather records from the official weather station nearest the Project site and records of actual observation as contained in daily reports, correspondence, or other documentation. 13.16 The Contractor specifically recognizes that a delay by the Contractor in achieving any Completion Date can have the effect of delaying the Substantial Completion of the Project, that such delay in Substantial Completion of the Project will necessarily cause damages, losses, and expenses to the Owner, including, but not limited to and by way of illustration only, increased capitalized costs and interests for the Project, increased and extended Project overhead, Designer's and Consultant's fees, increased costs of construction, increased and extended operation costs of other facilities, and inefficiency and loss of productivity, and that such damages, losses, and expenses may not be readily identifiable or ascertainable at the time they are incurred or at any time. Therefore, and in recognition of these factors and the likelihood that actual damages from his delay will not be readily ascertainable, the Contractor agrees to pay to the Owner, as Liquidated Damages and not as a penalty, the sum identified in the Contract Documents hereto as the Liquidated Damages per Day, for each day by which the failure to meet any Completion Date shown in the Contract Construction Schedule, adjusted in accordance with this Article, delays the Substantial Completion of the Project. 13.17 The Contractor shall not be entitled to any adjustment in the Contract Price or other compensation from the Owner for any delay in the completion of or progress on the Work that is caused by a force majeure condition or is otherwise not caused by the sole and direct act or omission of the Owner and the Owner's employees or agents. 13.18 The sum for Liquidated Damages is the amount stated in the Contract Documents as Liquidated Damages reasonably estimated in advance to cover the losses to be incurred by the Owner by reason of failure of said Contractor(s) to complete the Work within the time specified, such time being in the essence of this contract and a material consideration thereof. ARTICLE 14. CHANGES IN THE WORK 14.1 Without invalidating the Contract Documents, the Owner may, at any time, or from time to time order additions, deletions, or revisions in the Work. Said additions, deletions, or revisions shall be authorized only by written Change Orders, Construction Change Directives or Field Orders. Upon receipt of a Change Order, Construction Change Directive or Field Order, the Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change causes an increase or decrease in the Contract Price and/or an extension or shortening of the Contract Time, adjustments shall be made as provided in Article 14 and/or Article 15. In order to expedite the Work and avoid or minimize delay in the Work that might affect the Contract Price or Contract Time, the Designer may issue a Change Order in the form of a Construction Change Directive which when signed by the Owner and Designer, directs the Contractor to proceed promptly with the Work involved. Any claim for an adjustment in Contract Price or Time, if not defined in the Construction Change Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 32 Directive, shall be promptly made in writing in accordance with the procedures defined in Article 15.2. 14.2 The Designer may authorize minor changes or alterations in the Work not involving change in the Contract Price or in the Contract Time and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. Such alterations shall not invalidate the Contract Documents nor release the surety. If the Contractor believes that any minor change or alteration authorized by the Designer entitles him to an increase in the Contract Price and/or an extension of Contract Time, he may make a claim therefore as provided in Article 14 and/or Article 15. 14.3 Except in an emergency endangering life or property, no change shall be made by the Contractor except upon prior written Change Order, Directive or Field Order authorizing such Change. 14.4 Increases in the Contract Price and/or extensions of the Contract Time for additional Work performed by the Contractor shall only be in accordance with a written Change Order signed by the Owner and Designer. The Contractor shall not be entitled to additional time or to additional compensation for any Work performed or material supplied which is claimed to have been authorized or settled by an "oral" change, or by a "constructive" or"implied" change, or by a course of conduct, or by any action or non-action by the Owner, Designer, or any other persons, or by any means whatsoever other than by a written Change Order for such Work or material signed by the Owner and the Designer. 14.5 Changes in the Work resulting from emergency shall not invalidate the Contract Documents nor release the surety. 14.6 Neither the Owner nor the Designer shall be responsible for verbal instructions which have not been confirmed in writing, and in no case shall such instructions be interpreted as permitting a departure from the Contract Documents unless such instruction is confirmed in writing and supported by a proper Change Order, Construction Change Directive or Field Order, whether or not the cost is affected. 14.7 The Owner, in its sole discretion, may require that the Contractor notify the Contractor's sureties of any changes affecting the general scope of the Work or change in the Contract Price, and that the amount of applicable bonds shall be adjusted accordingly. If this requirement is exercised, the Contractor shall furnish proof of such adjustment to the Designer and the Owner. If this requirement is exercised, the Change Orders shall require written consent of the Contractor's surety. At the time of signing a Change Order, the Contractor shall be required to certify as follows: "I certify that all sureties have been notified that my contract has been altered by the amount of this Change Order, and that a copy of the approved Change Order will be mailed to all sureties upon its receipt by me." If this requirement is exercised, no payment to the Contractor on account of any Change Order shall become due or payable until written evidence of the surety's consent to the Change Order has been furnished to the Designer and to the Owner, and the furnishing of such written consent is a condition precedent to such payment. Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 33 14.8 The Contractor shall support all requests for Change Orders with a detailed cost breakdown showing cost of materials, labor, equipment, transportation, other items, Contractor's overhead and profit, and total cost, in accordance with methods defined in this Article, and, if the request seeks an extension of the Contract Time, with a time-related diagram which demonstrates specifically why an increase in construction time is needed. 14.9 When a request for a Change Order involves a Subcontractor, the Contractor shall provide quotation from same on Subcontractor's letterhead. The Subcontractor's quote shall list materials, equipment, and labor separately, and show overhead and profit in the manner provided in paragraph 14.8. ARTICLE 15. CHANGE OF THE CONTRACT PRICE 15.1 The Contract Price constitutes the total compensation payable to the Contractor for performing all Work under the Contract Documents. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Contract Price may only be changed by a Change Order. 15.2 Any claim for an adjustment in the Contract Price shall be in writing and written notice of any event, action, or non-action which may become the basis of a claim shall be delivered to the Owner and the Designer within three (3) days of the occurrence of any such event, action or non-action giving rise to the claim. Such written notice is a condition precedent to the making of a claim, and such notice shall describe the basis of the potential claim with reasonable detail and clarity. A claim shall be made in writing and shall be delivered to the Designer and the Owner no later than fourteen (14) days after such notice. The claim shall describe in detail the basis for the claim, with specific reference to any provisions of the Contract Documents, by paragraph, drawing number, or other specific identification, and shall state the amount claimed and how it is calculated. If the Contractor, at the time the claim is made, is unable to state the amount claimed with accuracy, the Contractor shall so state and provide the estimated amount and the basis on which the amount is to be calculated. At the earliest date practicable, but in no event more than thirty (30) days after Contractor's notice of claim, the Contractor shall supplement the claim with an accurate statement of the amount claimed and how it has been calculated. The Contractor shall provide, in writing, in support of the claim all such explanations, arguments, data, receipts, expert opinions, or other documents or information as the Contractor deems appropriate to be considered in support of the claim. A claim may properly be rejected by the Owner by reason of the Contractor's failure to submit adequate or accurate documentation or information, except that within seven (7) days after being given notice that the claim has been rejected on this basis, the Contractor may submit additional documentation or information. No claim for a change of the Contract Price shall be considered or granted (except solely at the discretion of the Owner) unless a claim is so made, nor shall the Contractor be entitled to any increase in the Contract Price unless the Contractor has given notice and made such a written claim within the times required. The Owner shall decide, after obtaining the advice of the Designer, whether an increase in Contract Price is warranted, and the amount of such increase shall be determined as provided in paragraph 15.4 through 15.5, below. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 34 The Owner shall advise the Contractor of its decision with respect to the claim within fourteen (14) days of its receipt, or of the receipt of additional documentation or information if the absence of such has previously been the basis of rejection of the claim; provided, however, that if, in its sole discretion, the Owner deems that review or consideration of any part of the claim or any matter related thereto by its governing Board is necessary or appropriate, it shall so advise the Contractor and shall provide its decision to the Contractor within seven (7) days after such Board consideration, review or action. Any claim on which the Owner has not provided its decision to the Contractor within the applicable time period shall be deemed denied. If the Contractor is not satisfied with the decision of the Owner, the Contractor may within seven (7) days of receipt of the Owner's decision initiate the mediation process as described in Appendix A to the General Conditions of the Contract for Construction. 15.3 In determining the amount of a Contract Price adjustment, the parties shall apply the following methods, as appropriate: (A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to agree upon the value of any change (extra or decrease) in Work prior to the issuance of a Change Order covering said Work. Such Change Order shall set forth the corresponding adjustment to the Contract Price. In the event the Owner and the Contractor are unable to agree, the Owner shall grant an equitable adjustment in the Contract Price. (B) Emergency Work: In the event of emergency endangering life or property, the Contractor may be directed by the Designer to proceed on a time and material basis, whereupon the Contractor shall so proceed and keep accurately, in such form as may be required by the Designer, a correct account of costs together with all proper invoices, payrolls, and supporting data therefore. 15.4 Where the Contract Price is to be adjusted, the following limitations shall apply in determining the amount of adjustment: (A) In the case of extra or emergency work, the Contract Price shall not be increased by more than the reasonable, actual, and documented net cost of the extra or emergency work plus ten percent (10%) of such net cost on Work performed by the Contractor and five percent (5%) thereof on any subcontracted Work for overhead and profit combined. (B) In the case of a decrease in Work, the Contract Price shall not be decreased by less than the net cost of the deleted Work plus five percent (5%) of such direct net cost for profit and overhead. The term 'net cost' as used herein shall include, as applicable, and shall be limited to, all direct labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to the change. All other items of cost shall be considered as overhead and covered by the percentages allowed in sections A and B of this paragraph. The Contractor shall provide worksheets or tabulations describing the method by which the direct net cost was calculated, and shall provide all data needed to support the calculation of the direct net cost, all in a form acceptable to the Owner. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 35 15.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and designate the Designer to negotiate with the Contractor on behalf of the Owner; provided, however, any agreement reached between the Contractor and Designer shall be subject to approval by the Owner. ARTICLE 16. UNFORESEEN CONDITIONS 16.1 Should the Contractor encounter unforeseen conditions at the Project site materially differing from those shown on the Drawings or indicated in the Specifications or differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the Contractor shall immediately, and in no event more than three days later, give notice to the Owner of such conditions before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the Drawings or indicated in the Specifications, they shall at once make such changes in the Drawings and/or Specifications as they may find necessary. Any increase or decrease in the Contract Price resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. However, neither the Owner nor the Designer shall be liable or responsible for additional work, costs, or changes to the Work that could have been reasonably determined from any reports, surveys, and analyses made available for the Contractor's review or that could have been discovered by the Contractor through the performance of its obligations pursuant to the Contract Documents. ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT 17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority to order Work removed or to order corrections of defective Work or Work not in compliance with the Contract Documents where such action may be necessary to ensure successful completion of the Work. Any work, materials, fabricated items, or other parts of the Work which have been found by the Designer to be defective or not in accordance with the Contract Documents shall be condemned and shall be removed from the Project by the Contractor, and immediately replaced by new Work in accordance with the Contract Documents at no additional cost to the Owner. Work or property of the Owner or others damaged or destroyed by virtue of such condemned Work shall be made good at the expense of the Contractor. Correction of condemned Work described above shall be commenced by the Contractor within twenty-four (24) hours after notice from the Designer or the Owner and shall be pursued to completion. Should the Contractor fail to proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after the notice specified in the preceding sentence, proceed with correction, paying the cost, including costs of uncovering such condemned Work, of such corrections from amounts due or to become due to the Contractor. Condemned Work removed shall be the property of the Contractor and shall be removed from the Project by him within ten (10) days after notice to remove it, and if not then removed, thereafter may be disposed of by the Owner without compensation to the Contractor and the Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 36 cost of such disposal shall be deducted from amounts due or to become due to the Contractor. Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by the Owner exceed amounts due or to become due the Contractor, then the Contractor and the Contractor's sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; WARRANTIES AND GUARANTIES 18.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor any provision of the Contract Documents, nor any other act or instrument of the Owner or the Designer shall relieve the Contractor from responsibility for negligence, defective material or workmanship, or failure to comply with the Contract Documents. 18.2 The Contractor shall, at the Contractor's sole cost and expense, make all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or non-structural, that shall become necessary by reason of defective workmanship or materials which appear within a period of one (1) year from the date of Substantial Completion; provided, however that notwithstanding the preceding, if any longer guarantee period is specified for any particular materials or workmanship under the Contract Documents, or under any subcontract, or in connection with any manufactured unit which is installed in the Project, or under the laws of the State of North Carolina, the longer guarantee period shall govern. 18.3 If, within any guarantee period, repairs or changes are required in connection with the Work, which are rendered necessary as the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents, the Contractor shall, promptly upon receipt of notice from the Designer and without expense to the Owner: a) Completely repair or replace the Work so that it conforms to the Contract Documents; b) Correct all defects therein; c) Make good all damage which, in the opinion of the Designer, is the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents; and d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such guarantee. If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein or required thereby, the Contractor disturbs any work, facility, premises, or construction belonging to the Owner, the Contractor shall restore such disturbed work to a condition satisfactory to the Owner, and shall guarantee such restored work to the same extent as if it were Work under the Contract Documents. If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor's Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 37 ureties shall be liable for all expenses incurred. "Promptly" is defined as within twenty-four (24) hours for systems necessary to normal operation of the building and within seventy-two (72) hours for all other items. All special guarantees applicable to definite parts of the Work that may be shown in or required by Contract Documents shall be subject to the terms of this paragraph during the first year of the life of such special guarantee. Manufacturer's standard guarantees or warranties which do not comply with the time limit specified herein shall be extended by the Contractor automatically without further action on the part of the Owner or the Designer. 18.4 In the eleventh calendar month after the date of Substantial Completion, and at the request of the Owner, the Contractor, the Owner and the Designer shall make an inspection of the Work for the purpose of identifying defective workmanship and/or materials. If the Contractor, having been requested to do so by the Owner, fails to participate in such inspection, the Contractor shall be conclusively bound by any decision or ruling by the Designer as to any defective workmanship or material and as to the Contractor's responsibility for its repair or replacement. ARTICLE 19. OWNER'S RIGHT TO DO WORK 19.1 If, during the progress of the Work or during any period of guarantee, the Contractor fails to prosecute the Work properly or to perform any provision of the Contract Documents, the Owner, after three (3) days written notice to the Contractor from the Designer, or from the Owner after Final Payment, may perform or have performed that portion of the Work and may deduct the cost thereof from any amounts due or to become due the Contractor. Notwithstanding any action by the Owner under this paragraph, all warranties and bonds given or to be given by the Contractor shall remain in effect or shall be given by the Contractor. 19.2 Should the cost of such action by the Owner exceed the amount due or to become due the Contractor, the Contractor and his sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 20. PARTIAL PAYMENTS 20.1 Within thirty (30) days after his initial receipt of the Construction Contract for signatures, the Contractor shall submit to the Designer a Schedule of Values. The Schedule of Values shall indicate the value of the Work, including applicable overhead and profit, for each Division and section of the Project Specifications. The Designer and Owner shall be provided with the Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents substantiating these values if so requested in writing by the Designer. The Contractor shall provide the requested documentation within seven (7) days after receipt of the Designer's written request. The Schedule of Values shall be subject to approval by the Owner, and if the Owner and the Contractor cannot agree upon the Schedule of Values, the Designer shall prepare it, and the Schedule of Values as prepared by the Designer shall be binding on the Owner and the Contractor. No Request for Payment shall be certified by the Designer until the Designer has issued approval of said Schedule of Values. 20.2 Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Designer a Request for Payment for Work done during the previous calendar month. The Request for Payment shall be in form of AIA Document G702 (latest edition) and shall show substantially the value of Work done (including the value of material delivered to the Project or stored by the Contractor at another site, subject to the conditions hereinafter set forth) during Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 38 the previous calendar month, and shall sum up the financial status of the Work with the following information: a) Total Contract Price, including any adjustment thereto made pursuant to the Contract Documents. b) Value of Work completed and materials properly stored to date. c) Less amount retained. d) Less previous payments. e) Current amount due. f) Balance remaining. The Contractor, upon request of the Designer, shall substantiate the request with invoices, vouchers, payrolls, or other evidence. 20.3 When payment is requested or made on an account of stored materials, such materials must be stored on the Owner's property at such places and in such a manner as may be designated by the Designer. However, in the sole discretion of the Owner, with permission in writing from the Designer and Owner and under such circumstances as may be determined by the Owner, such materials may be stored in a bonded warehouse. The location and conditions for storage of such materials away from the Owner's property in a bonded warehouse shall be within the sole discretion of the Owner. Requests for Payment on account of stored materials shall be accompanied by paid invoices, bills of sale, warehouse receipts, or other documentary evidence establishing Owner's title to such materials, evidence that the stored materials are insured against loss and damage, and such other documentation as required by the Designer. Responsibility for the quantity, quality, and condition of such stored materials, whether stored on the Owner's property or away from the Owner's property, shall remain with the Contractor regardless of ownership or title. No payment shall be made on account of materials stored in a bonded warehouse unless the Contractor has acquired written permission from the Designer for such storage of materials and has complied with all conditions set forth in such permission regarding such storage of materials in a bonded warehouse. 20.4 Any Request for Payment received by the Designer on or before the fifth (5th) of the calendar month shall be certified for payment or returned for re-submission to the Contractor on or before the fifteenth (15th) of the calendar month. The Designer's certification shall be for the amount which was requested or that which the Designer has decided was justly due, and shall state in writing to the Contractor and Owner the reasons for withholding payment of any or all of the amount requested. 20.5 The Designer may fail to certify all or part of any payment requested for any of the following reasons: a) Defective Work not corrected. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 39 b) Suits, actions, or claims of any character filed against the Contractor, or due to the operations of the Contractor, or information or notice that a suit, action, or claim will be filed or has been made. c) Information or notice that a Subcontractor or a supplier has not received payment. d) The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment of the Designer or Owner. e) Damage to the Owner or another contractor. f) Inability of the Contractor to meet a Completion Date, including an anticipated failure to meet a Completion Date entitling the Owner to withhold anticipated Liquidated Damages in accordance with paragraphs 13.15 and 13.17 hereof. g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in accordance with the Submittal Register. h) Such other reason as to the Designer may appear prudent, proper, or equitable. When grounds for withholding certification have been corrected, the Designer shall so certify to the Owner and the Owner shall make any payment due with respect to such certification as a part of his next payment after such certification. 20.6 No certificate issued or progress payment made shall constitute an acceptance of the Work or any part thereof. 20.7 The amount certified by the Designer for payment shall be ninety-five percent (95%) of the value of Work completed and materials stored since the Designer's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4, and this amount shall be paid by the Owner on or before the last business day of the month, but payment shall not be past due until not paid within fifteen (15) days thereafter. 20.8 After certification by the Designer that the Work is fifty percent (50%) complete, based on a determination that the Contractor's gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the Contract, (except the value of materials stored on-site shall not exceed twenty percent (20%) of the Contractor's gross project invoices for the purpose of determining whether the Project is fifty percent (50%) complete) and the Contractor has provided to the Owner the written consent of its sureties to the cessation of further percentage retention, the amount certified for payment with respect to subsequent Requests for Payment shall be one hundred percent (100%) of the value of Work completed and materials stored since the Designer's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraphs 20.4 and 20.5; provided, however, that the aggregate of periodic payments shall not exceed ninety-seven and one half percent (97.5%) of the Contract Price. If the Owner determines that the Contractor's performance under the Contract is unsatisfactory, the Owner may resume withholding percentage retention from each subsequent periodic payment application up to the maximum amount of five percent (5%) of the Contract Price. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 40 ARTICLE 21. FINAL PAYMENT 21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and/or structural steel, the remaining unpaid balance of the Contractor's Contract Price, less a sum equal to five- tenths percent (0.5%) of the Contract Price, shall be paid within sixty days following receipt of the following documents, all of which must be received before payment shall become due: (i) request for payment from the Contractor; (ii) receipt of consent from the Contractor's surety to the payment; and (iii) approval or certification from the Designer that the work performed by the Contractor is acceptable and in accordance with the Contract Documents. 21.2 Except as set forth in paragraph 21.1, within forty five days after Substantial Completion of the Project, the remaining unpaid balance of the Contract Price shall be paid to the Contractor, less an amount equal to two and one-half times the value of punch list work or other work remaining to be completed or corrected, as reasonably estimated by the Owner. 21.3 Upon Substantial Completion, the Designer shall prepare and submit to the Contractor a deficiency list identifying all portions of the Work which are known by the Designer at that time to be incomplete or defective. Within thirty (30) days of receipt of this deficiency list, the Contractor shall complete and correct all items on that list along with all other Work required to achieve Final Completion of the Work. At any time prior to completion of the period of warranty, the Designer may submit to the Contractor a supplemental deficiency list, in which case the Contractor shall complete or correct any and all new items identified on the supplemental deficiency list within the time period stipulated in paragraph 18.3. 21.4 Final Payment of any remaining balance of the Contract Price shall not be due to the Contractor until the Contractor achieves Final Completion of the Project. 21.5 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Owner except: a) Claims arising from unsettled liens or claims against the Contractor. b) Defective Work or materials appearing after Final Payment. c) Failure of the Contractor to perform the Work in accordance with the Contract Documents. d)As conditioned in the Performance Bond. e) Claims made prior to Final Payment which remain unsettled. D Amounts due arising under Articles 18 and 28. g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or certificate. I 21.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those claims previously made in writing pursuant to paragraph 15.2 and not finally resolved. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 41 21.7 The Designer shall not authorize Final Payment until all of the Work under the Contract Documents has been certified by the Designer as completed, proper and suitable for occupancy and use, and has been approved by all federal, state and local agencies having jurisdiction. 21.8 The final Request for Payment shall be identified on its face as such and shall be presented by the Contractor to the Designer within thirty (30) days of completion of the Work. Final payment of the retained amount due the Contractor shall be made by the Owner within thirty (30) days after the later of (i) full and Final Completion of all Work required by the Contract Documents, and certification of such Work in accordance with paragraph 20.4; (ii) submission of the affidavits of other documentation required by Article 22; (iii) submission by the Contractor of a Request for Payment identified on its face as final and including the Designer's certification. ARTICLE 22. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT 22.1 The Final Payment due the Contractor on account of the Contract Documents shall not become due until the Contractor has furnished to the Owner through the Designer: (A) an affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for materials, services, or for any other reason in connection with the Work or performance of the Contract Documents have been satisfied and that no claims or liens exist against the Contractor in connection with the same; (B) affidavits from each Subcontractor and supplier signed, sworn, and notarized to the effect that (i) each such Subcontractor or supplier has been paid in full by the Contractor for all Work performed and/or materials supplied by him in connection with the Project, and (ii) that all payments for materials, services, and for any other reason in connection with the subcontract or supply contract have been satisfied and that no claims or liens exist against the Subcontractor or supplier in connection therewith; and (C) the written consent of the Contractor's sureties to Final Payment. In the event that the Contractor cannot obtain an affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the Contractor's affidavit that no claims or liens exist against such Subcontractor or supplier to the best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shall save the Owner harmless for all costs and expenses, including attorneys' fees, on account thereof. ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS 23.1 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. Except as may be required under terms of the bonds required by the Contract Documents, no funds or sums of money due or to become due to the Contractor under the Contract Documents may be assigned. ARTICLE 24. MEASUREMENTS 24.1 Before ordering material or doing Work which is dependent for proper size or installation upon coordination with building conditions, the Contractor shall verify all dimensions and shall be responsible for the correctness of same. No consideration will be given for any claim based on differences between the actual dimensions and those indicated in the Contract Documents. Any discrepancies between the Contract Documents and the existing conditions shall be referred to the Designer for adjustment before any Work affected thereby is begun. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 42 ARTICLE 25. CONTRACTOR AND SUBCONTRACTOR RELATIONSHIPS 25.1 Within thirty (30) days after initial receipt of the Construction Contract for signatures the Contractor shall submit to the Designer and Owner for acceptance a current list of the names of Subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for any and all portions of the Work. The Contractor shall provide this list at this time even if the Contractor was required to submit a list of proposed Subcontractors with the Contractor's bid. The Designer shall promptly reply to the Contractor in writing stating whether or not the Owner or the Designer, after due investigation, has objection to any such proposed person or entity or if it needs additional information to evaluate the persons on the list. Failure of the Designer to reply within ten (10) days after the Contractor has furnished all required information shall constitute notice of no objection. The Contractor shall not contract with any such proposed person or entity to whom the Owner or the Designer has made reasonable objection. If the Designer or Owner has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the Owner and the Designer have no reasonable objection. The Contractor shall make no substitution for any Subcontractor, person, or entity previously allowed without first notifying the Designer and Owner in writing and no substitution may be made if the Owner or Designer makes a reasonable objection to such substitution. 25.2 The Contractor agrees that the terms of the Contract Documents, including all portions thereof, shall apply to all Subcontractors of the Contractor as if they were the Contractor, and that the Subcontractors of the Contractor shall, by means of their subcontracts, be bound by all the terms of the Contract Documents including, but not limited to, Article 26 of these General Conditions. 25.3 Payments to Subcontractors shall be made in accordance with the provisions of N.C. Gen. Stat. §143-134.1. ARTICLE 26. USE OF PREMISES 26.1 The Contractor shall confine apparatus, the storage of materials, the operations of workers, and the disposal of material to limits indicated by law, ordinances, permits, and directions of the Designer, if any. 26.2 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. 26.3 The Contractor shall enforce all of the Designer's instructions, including, but not limited to, those regarding signs, advertisements, fires, and smoking. ARTICLE 27. CUTTING, PATCHING AND FITTING 27.1 The Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and fit it to receive or to be received by Work shown in or which can be reasonably implied from the Contract Documents. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 43 ARTICLE 28. DISPUTE RESOLUTION 28.1 The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Prior to initiating an action under this Article, any Party to this Agreement shall notify the other Party of its intent to initiate a mediation process. In any such mediation process the Parties should agree upon a North Carolina certified mediator. Should the Parties be unable to agree upon a mediator within fifteen (15) days of the notice of intent to initiate a mediation process Orange County may select such mediator. The Parties shall be jointly responsible for the costs of any such mediation. In the event the Parties are unable to resolve any dispute resulting in mediation pursuant to this Article then either Party to the mediation may initiate action in the General Court of Justice. Regardless of the outcome of any dispute each Party shall be responsible for its own legal costs including reasonable attorneys'fees. 28.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to provide material, supplies, equipment, work, performance or payment bonds, insurance or indemnification for the construction of the Project or the Work shall be deemed a party to this Agreement solely for the purpose of this Article 28. The Contractor, by means of its subcontracts, shall specifically require its Subcontractors to be bound by this Article. ARTICLE 29. TAXES 29.1 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. The Contractor shall maintain all tax records during the life of the Project and furnish the Owner with a complete listing of all taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the Owner. The Contractor is required to maintain a file showing taxes paid on the Project for three (3) years after Final Payment or turn said documents over to the Owner for his files. 29.2 The following is a list of requirements to be followed by the Contractor in maintaining proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use Tax. The Contractor shall comply fully with the requirements outlined below, in order that the Owner may recover the amount of the tax permitted under the law. a) 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 his Subcontractors. Such evidence shall be transmitted to the Owner with each pay request regardless of whether taxes were paid in that period. b) The documentary evidence shall consist of a certified statement by the Contractor and each of the Contractor's Subcontractors individually, showing total purchases of materials from each separate vendor and total sales and use taxes paid to each vendor. Certified statements must show the invoice number, or numbers, covered, and inclusive dates of such invoices. c) Materials used from Contractor's or Subcontractor's warehouse stock shall be shown in a certified statement at warehouse stock prices. Revised 7114 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 44 d) The Contractor shall not be required to certify the Subcontractor's statements. ARTICLE 30. OPERATION OF OWNER'S FACILITIES 30.1 The Contractor agrees that all Work done under the Contract Documents shall be carried on in such a manner so as to ensure the regular and continuous operation of the adjoining or adjacent facilities. The Contractor further agrees that the sequence of operations under the Contract Documents shall be scheduled and carried out so as to ensure said regular and continuous operation. The Contractor shall not close any areas of construction until so authorized by the Designer. The Contractor shall control operations to assure the least inconvenience to the public. Under all circumstances, safety shall be the most important consideration. ARTICLE 31. THIRD PARTY BENEFICIARY CLAUSE 31.1 It is specifically agreed between the parties executing the Agreement that, with the specific exception set forth paragraph 7.24 hereof, and that exception only, the Contract Documents and the provisions therein are not intended to make the public, or any member thereof, a third-party beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to maintain a suit for personal injuries or property damage pursuant to the terms of provisions of the Contract Documents. ARTICLE 32. MEASUREMENT OF QUANTITIES 32.1 All Work completed under the Contract Documents shall be measured by the Contractor using United States customary units of measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of Work performed under the Contract Documents shall be those methods set forth in the Contract Documents or, if not specifically set forth therein, the method generally recognized as conforming to good engineering practice. ARTICLE 33. TERMINATION BY THE OWNER FOR CAUSE 33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within the time specified, or fails to perform the Work with sufficient labor and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably or shall discontinue the prosecution of the Work for three (3) days, or if the Contractor shall become insolvent, be declared bankrupt, commit any act of bankruptcy or insolvency, allow any final judgment to stand against the Contractor or its affiliated companies unsatisfied for a period of forty-eight (48) hours, make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the Owner may give notice in writing to the Contractor and the Contractor's sureties of such delay, neglect, or default, specifying the same, and if the Contractor within a period of three (3) days after such notice shall not proceed in good faith and with reasonable speed to correct such delay, neglect, or default in accordance with such notice, the Owner shall have full power and authority, to the extent permitted by law, without violating the Contract Documents, to take the prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all materials and equipment at the Project as may be suitable and acceptable, and may enter into Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 45 an agreement for the completion of the Work or pursue such other methods as in the Owner's opinion shall be necessary or appropriate for the completion of the Work in an acceptable manner. All costs and charges incurred by the Owner in proceeding in accordance with the preceding sentence, including attorney's fees, and all costs incurred by the Owner in completing the Work shall be deducted from any money due or which becomes due the Contractor. If such costs and expenses incurred by the Owner shall be less than the sum which would have been payable under Contract Documents if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference, but if such costs and expenses shall exceed the sum which would have been payable under the Contract Documents, the Contractor and the Contractor's surety shall be liable to the Owner for and shall pay to the Owner the amount of such excess. ARTICLE 34. TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE 34.1 The Owner may, without cause, order the Contractor to terminate, suspend, delay, or interrupt the Work in whole or in part for such period of time as the Owner may determine. 34.2 If the Contractor is subsequently ordered by the Owner to resume the Work, any cost or expenses to which the Contractor may be entitled by reason of the suspension, delay, or interruption shall be recovered by means of a Change Order in accordance with Articles 13 and 14 hereof and the Contract Construction Schedule shall be adjusted in accordance with Article 13 hereof. 34.3 In the event of termination by the Owner under this Article, the Contractor shall be entitled to receive the reasonable and documented direct costs incurred prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the Project in a safe and efficient manner, plus ten percent (10%) thereof for overhead and profit, subject to the following conditions: a)When the Contract is terminated before completion of all items of Work, payment shall be made for the actual number of units or items of Work completed at the applicable contract prices, or as mutually agreed for items of Work partially complete. If a mutual agreement cannot be reached, the Owner shall have the authority to make such equitable adjustment as it deems warranted and the Final Payment shall be made accordingly. b) Reimbursement for organization of any Work and moving equipment to and from the job shall be considered when not otherwise provided for in the Contract Documents where the volume of completed Work is too small to compensate the Contractor for those expenses under unit prices. If a mutual agreement cannot be reached, the Owner will have the authority to make such equitable adjustments as it deems warranted and the Final Payment will be made accordingly. c) Materials obtained by the Contractor for the Work that have been inspected and accepted by the Designer and that are not incorporated in the Work shall, at the request of the Contractor, be purchased from the Contractor at the Contractor's actual cost as shown by receipted bills and actual costs records at such points of delivery as may be determined by the Owner. Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 46 d) No payment shall be made by Owner to Contractor except as herein above provided. No claim for loss of anticipated profits shall be considered or allowed. e) Termination of the Contract shall not relieve the Contractor of his responsibilities for any completed portion of the Work nor shall it relieve his sureties of their obligation for and concerning any just claims arising out of the Work performed. The Contractor shall not be entitled to any other compensation, including compensation for lost profit, lost opportunity, or any other direct or consequential cost, loss, or damage. ARTICLE 35 MINORITY BUSINESS ENTERPRISE PROGRAM 35.1 The Contractor shall at all times comply with the Orange County Minority Business Enterprise Policy. All documentation substantiating compliance with the requirements of this program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the Orange County Minority Business Enterprise Policy is included in the Project Manual. ARTICLE 36 E-VERIFY AND DIGITAL SIGNATURES 36.1 Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Contractor's breach of this Agreement. Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 36.2 This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. ARTICLE 37 GENERAL 37.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 37.2 The titles to Articles herein are for convenience only, are not substantive parts of the General Conditions, and are not to be considered in interpreting the Contract Documents. END OF GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-EXHIBIT 1 Revised 7/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 RACAN-1 OP ID:DL ACORD" CERTIFICATE OF LIABILITY INSURANCE DATE 03/106/2015 0612015 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 NAME:CT Dylan Lovell Robert C.Bill Associates,Inc PHONE 631-424-3300 FAx 150 Broadhollow Road Suite 307 AIC No Ex1: A!c No):631-427-0105 Melville,NY 11747 E-MAIL ADDRESS:dlovell @robertcbillassociates.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Zurich American Insurance Co. 27855 INSURED Racanelli Construction South, INSURERB: Inc. 1895 Walt Whitman Road,Ste 1 INSURERC: Melville, NY 11747 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 TypE OF INSURANCE DD BR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 CLAIMS-MADE X❑OCCUR X X GLO5918594-09 01/3112015 01/31/2016 DAMAGE TO RE o 300 00 PREMISES Ea ocarrence $ MED EXP(Any one person) $ 10,00 PERSONAL&PDV INJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,00 POLICY JEo LOG PRODUCTS-COMPlOPAGG $ 4,000,00 OTHER: Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ E..cddenl ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE Per acd $ AUTOS dent X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 25,000,00 • EXCESS LIAB CLAIMS-MADE X X AUC5918559-09 01/31/2015 01/31/2016 AGGREGATE $ 25,000,00 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER • ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X 05918595-09 01/31/2015 01/31/2016 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Cedar Grove Community Center Pro'ect Boomerang Design and Architects esign Consultants are included as additional Insured on a primary and non-contributory basis as required by written contract. CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Or BOX County WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Bond No. SU1130902 Document A312TM - 2010 Payment Bond Conforms with The American Institute of Architects AIA Document 312 CONTRACTOR: SURETY: (Vane,legal stales and address) (Name,legal status and principal place of business) Racanelli Construction South, Inc. Arch Insurance Company 1001 Pemberton Hill Road, Ste.202 Three Parkway, Suite 1500 This document has important legal Philadelphia, PA 19102 consequences.Consultation with Apex, NC 27502 Mailing Address for Notices an attorney is encouraged with respect to Its completion or Three Parkway, Suite 1500 modlfioatl8n. OWNER: Philadelphia, PA 19102 Any singular reference to (Name,legal slates and address) Contractor,Surety,Owner or other party shall be considered Orange County, NC plural where applicable, 131 West Margaret Lane, Suite 301 Hillsborough, NC 27278 CONSTRUCTION CONTRACT Date: March 17,2015 Amount:62,311,900.00 Two Million Three Hundred Eleven Thousand Nine Hundred Dollars and 001100 Description: (Name and location) Cedar Grove Community Center Renovation BOND Dato: March 12,2015 (Not earlier than Construction Contract Hate) Amount:62,311,900.00 Two Million Three Hundred Eleven Thousand Nine Hundred Dollars and 001100 Modifications to this Bond: Q None El See Section 18 CONTRACTOR AS PRINCIPAL, SURETY Company: (Corporate Seal) Company: (Corporate seal) gu tonce'o Racanelli Construction South Inc. Arch Insurance C ,, pany a COkP131L1Tf. 'E1. v SEAL, .W7 1971 Signature: ifs Signatnro: Name usan Lupski lllesovr) and Title: V,iP and T tle: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFO,%VATIO,V ONLY--Na))se,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (Wohirect,Engineer or other party.) 333 Earle Ovington Boulevard, Suite 700 Boomerang Design Uniondale, NY 11553 6131 Falls of Neuse Road, Suite 204 516-414-8900 Raleigh, NC 27609 S-21491AS 8110 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 §I Tbc Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indernnifles and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond, §3 if there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section la)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense ofsuch claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and tit the Surety's expense defend,indemnify and hold harmless the Owner against a duty tendered claim,demand,lien or stilt. §6 The Surety's obligations to a Claimant under this Bond shall arise after the following; §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with subsiantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §6.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 Ito notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufticlent to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimanthas satisfied the conditions of Sections S.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7,1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that arc disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be dccmed to constitute a walver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety faits to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs theroaftor to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable uttomcy's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. , S-21491AS 8/10 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 §10 The Surety shall not be gable to the Owners Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or othenvlso have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,Including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations, §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that Is the subject of the Construction Contract•is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5,11 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment wcro furnished by anyone under the Construction Contract,whichever of(1)or(2)f first occurs,If tho provisions of this Paragraph arc void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, §13 Notice and Claims to the Surety,die Owner or die Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement In the location where the construction was to be performed,any provision in this Bond conflicting with sold statutory or legal requirement shall be deemed deleted hercfrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond, §1S Upon request by any person or entity appearing to be a potential beneficiary of this Bond,die Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made, §16 Definitions §18.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was dono,or materials or equipment ftmished; 13 a copy oftho agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; A a brief description of the labor,materials or equipment fbmished; ,6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; ,7 the total amount ofprcvious payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An Individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to Runish labor, materials or equipment for use in the performance of the Construction Contract.no term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic`s lien or similar statute against the real property upon which the.Project is located.The intent of this Bond shall be to include without limitation In the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used In the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contraotoes subcontractors,and all other items for which a mechanic's lien may be asserted in tho jurisdiction where the labor,materials or equipment wore furnished. §18,3 Construction Contract,The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents, S•21491AS 8110 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 §18.4 Owner default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §18.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor, §17 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Mond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modilications to this bond are us follows; (Space Is provided below for additional signatures of addedparlim,other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Col por ate Seal) Company: (Corporate Seal) Signature: Signature. Name and Title: Name and Title; Address Address $2149/AS 8/14 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 3 Aic 0000141636 THiS POWER OFA'T'rO 2NEY IS"NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. —This Power orAttor ey'llmlts the ants of those nathOd herein,and they have rro authority to bind the'Company exaspt In the --r»annsr and"to'the,extent herein.stated Va11d fer'Mortgage, Note, Loan,`Letter cif Cre�dl#, Bank Pop Rate,: -interest Rat orResldential Value Guarantees; POWER OF'ATTORNEY Know AO Persons By These Presents That the Arch insurance Company;`a corporationorganized and existing"under the taws of the State of Missouri, having its principal administrative office in Jersey City,New Jersey{hereinafter referred to as#he"Company")does hereby appoint: Camille Maitland;Colette.R Chisholm,Desiree Cardlin,George 0,•t3rewster;Gerard SzMacholz;"Lee Ferruccl,Netly Renchiw ch, R_Ka Sagislano,Robert"T<P.earson;Susan Lupeki,Thomas.8ean and Vincent A.1Nalsh5f Uniondale,NY.{EACH) - its true and lawful Attorney(s)ln-Fact,to make,execute,seal,and deliver from the date of issuance of this power f6i and on its behalf as surety,and as its act and"deed: Any and all bonds undertakn d ohuroty ob , esum rot exceeding Ninety Million©offers(s90:000:00t?oo) This authority does not permit the'same of ilgation to be split into two ormore bonds'In"Order to bring each such bond within the dollar limit of authority;?s"set forth herein, The execution of such bonds, undertakings, r"8cognizanees and"other surety obiigataorrsPiit pursuance of these presents shall i 'as binding uprn the said Company as::fuily and amply;to ail intents and purposes as if the same had been duty executed and acknowleeby its regularly elected offers of itsprincipal administrative.otflce in Jersey City,-New Jersey. T his.Power,,of Attorney is executed by authority of resolutions adopted by unanlmous'con sent;of the Board of Directors of the Company " on September°"15, 2011;true and aocurate,copies of which are hereinafter_set forth and"are hereby certified to by the undersigned Secretary es being in full force and effect* "VOTED;That'ttie Chairman of the t3oarsi the President,"or the Executive Vice t?res�dent,or,any Senior Vice'President,of the Surety Business nivislon; or their"appointees designated"'in-writing'and filed with the'Secretary, or the secretary.;shall have the power and " authority to appoint agents and attorneyOn—fact,and to authorize them subject to the limitations set forth 16 their respective powers of attorney, to execute on behalf of the:Company,"and attach the seal;of the Company thereto, bonds;undertakings,recognizances and other surety obli gations.obilgutory in the nature thereof,and any'such officers of the Company may appoint agents for acceptance of, Th7s P6Wd 4f Attorney is signed;"sealed Jand certified_by facsimile under and by authority of the following resolution-adoptedV the` unanimous consent of the Board of Directors of theCompany on September 15,2011; VOTED,That the signature of the Chairman of the'Board the President,or the Executive dice President,or any Senior Vice President, Of the Surety Business Division, or their--appolntees,designated 1n.,wfltihg and filed with the;Secretary,,and;ih"e.signature of the Secretary;ihe`seal of the Company,and oertrficatipns by the Secretary, may be affixed.by"facsimlie on any power of attorney or bond executed_pursuant to the resolution adopted`by`the,Board of Dlrbctors ott_Septeitibar"1{, 2011,`and any such power sq,executed, sealed and certified with respect to any bond or undertaking to Which it is attached; shall continue to be-valid and.binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 . ' Printed in U.S.A. DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 AIC 0000141636 In Testimony Whereof, the Company has caused this Instrument to be signed and its corporate seal to be affixed by their authorized officers,this 3d day of Eebruary,20_t�. Attested and Certified Arch Insurance Company 05M I Patrick K.Nails,Secretary David M, in a stein,Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, Helen Szafran, a Notary Public, do hereby certify that Patrick K, Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. MtM PXN an V 1 NOTARtAt,BAL HELEN WFRAN,Notary Putrlic 011y of PhYad0pN FNa.t'wAy �i� axOcti�ber3, 1fi elen Szafran, tary Publi My commission expires 10/03/2017 CERTIFICATION 1,Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached power of Attorney dated February 3, 2015 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein,who executed the Power of Attorney as Executive Vice President,was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company, IN TESTIMONY WHEmntt 1 h ereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this,.,,--day of_ 20�_. Patrick K.Nails,Secretary �- This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance-Surety Division 3 Parkway,Suite 1600 Philadelphia,PA 18102 t artn:WAyt �•4 SEAL r9rt �(t#Otlrt; OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ACKNOWLEDGEMENT OF PRINCIPAL—IF A CORPORATION STATE OF 4P.44� S COUNTY ......... On thi ............. of ••.• •, More me personally appeared ,. o be known, who, being by me duly sworn, 1* dep and say; that he/she ides t that he/she is the .G :.......,... of the corporation described in and which executed the within insurance instrument; that lie/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that ��Xshy ped his/her name thereto by fake order. l�y ..y. .. >y ..n ACKNOWLEDGEMENT FOR PRINCIPAL,IF LIMITED LIABILITY COMPAwi STATE OF .........................) SS COUNTY OF .......................} Onthis ............................. day of .,.........................,..,....., .....,.......... before me personally appeared ............................. .......................................... to me known and known to me to be the ...............................................of ....,..............,,...,................................................... a Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me that he/she executed the foregoing insurance instrument and acknowledged to me that he/she executed the same as and for the act and deed of said Limited Liability Company. ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ..NEW YORK ....... SS COUNTY OF'.... >......} MARCH 12, 2015 SUSAN LUPSKT Onthis .............................. .. before me personally came......,.............. .,......,....,........,... to me known, who, being by me duly sworn, did depose and say; that he/she resides in NASSAU COUNTY State of..> ,.New.York.......................•.....at he/she is the Attorney-In-Fact of the ,ARGH INSURANCE COMPANY................ . ........>>.>,the corporation described in Which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her naive thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section I I I I of the Insurance Law of the State of New York,issued to ..ARCH INSURANC COMPANY...................... ...... ..................(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting g it as such; and that such certificate has not been revoked. GRACE ACKERSr?M ,,,.....�` Notary public,State of New York ........ .......... ....... ..... Nassau county Not Publi ve Sores June 14,,2016 NY acknowledgment DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2013 Assets Cash In Banks $ 113,241,149 Bonds owned 1,730,368,149 Stocks 433,238,605 Premiums in course of collection 251,285,768 Accrued interest and other assets 312,730,603 Total Assets $ 2,840,864,274 Liabilities Reserve for losses and adjustment expenses $ 1,200,735,312 Reserve for unearned premiums 307,521,736 Ceded reinsurance..premiums payable 105,942,093 Amounts withheld or retained by company for account of others 188,907,409 Reserve for taxes, expenses and other liabilities 301,130,327 Total Liabilities 2,104,236,877 Surplus as regards policyholders 736,627,397 Total Surplus and Liabilities 2,840,864,274 By; _ Attest; enior ice President, Chief Senior Vice President, Financial Officer and Treasurer General Counsel and Secretary State of New Jersey ) Ss County of Hudson ) Thomas James Ahern, Senior Vice President, Chief Financial Officer and Treasurer and Patrick Kenneth Nails, Senior Vice President, General Counsel and Secretary being duly sworn, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2013. Subscribed and sworn to before me, this % day of March, 2014 - Notary Public oj% f ommission# 2411013 +Votary Public State of ersey My G miss on Expir.es Angus#03, 201 b DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 Bond No. SU1130902 Document A312TM -- 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Marne,legal status and principaiplace of business) Racanelli Construction South, Inc. Arch Insurance Company 1001 Pemberton Hill Road,Ste, 202 Three Parkway, Suite 1500 This document has Important legal Philadelphia, PA 19102 consequences.Consultation with Apex, NC 27502 Mailing Address for Notices an attorney Is encouraged with respect to Its completion or Three Parkway, Suite 1500 modification. OWNER: Philadelphia, PA 19102 Any singular reference to (Maine,legal status and address) Contractor,Surety,Owner or other party shall be considered Orange County, NC plural where applicable. 131 West Margaret Lane, Suite 301 Hillsborough, NC 27278 CONSTRUCTION CONTRACT Date: March 17,2015 Amount:S 2,311,900.00 Two Million Three Hundred Eleven Thousand Nine Hundred Dollars and 001100 Description; (Vane and location) Cedar Grove Community Center Renovation BOND Date: March 12, 2015 (Not earlier than Construction Contract Date) Amount:$2,311,900.00 Two Million Three Hundred Eleven Thousand Nine Hundred Dollars and 00/100 Modifications to this Bond: E] None n Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Co)parate Seal) RacaneHi Construction South, Inc. Arch Insurance Co ponyg�'la's'CO f / coaroalre � skit Si�naturc: Signature: 1 f ror� Susan Lupski Name Name tdlico�tl and'iitte: and TiVtle: Attorney-in-Fact 4 , (Any additional signalrtres appear on the last page of this Performance Bond.) (FOR JXFORUATIOW ONLY—Name,address mid telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (architect,Engineer or other party) 333 Earle Ovington Boulevard,Suite 700 Boomerang Design Uniondale, NY 11553 6131 Falls of Neuse Road, Suite 204 516-414-8900 Raleigh, NC 27609 5-1862/AS 9/10 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall havo no obligation under this Bond,except when applicable to participate In a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner Is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.Ifthe Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,tho Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement In Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice, §6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §6.1 Mange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract, §6.2 Undertake to perform and complete the Construction Contract Itself,through its agents or independent contractors; §6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrangc for a contract to be prepared for execution by the Owner and it contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to tho Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §6.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the Circumstances: .1 Alter investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days aiterreceipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner,If the Surety proceeds as provided In Section 5A,and the Owner refuses the payment or the Surety has denied liability,In whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. I 8-185VAS 8110 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 §7 If the Surety elects to act under,Section 5,1,5,2 or 5,3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those ofthe Oivner under the Construction Contract.Subject to the commitment by the Omer to pay the Balance of the Contract Price,the Surety Is obligated,without duplication,for .1 the responsibilities of the Contractor for correctfon of defective work and completion of the,Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractot's Default,and resulting from the actions or failure to act of the Surety under Section 5,and .3 -liquidated damages,or if no liquidated damages are specified In the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 I the Surety elects to act under Section 5.1,5.3 or 5.+1,the Surety's liability Is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations,No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,oxccutors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchaso orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location In which the work or part of the work is located and shall be instituted within two years alter a declaration of Contractor Default or within two years after the Contractor ceased working or within hvo years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a dofenso in the jurisdiction of the suit shalt be applicable, §12 Notice to the Surety,the Owner or the Contractor shnil be mailed or delivered to the address shorn on the page on which their signature appears. §13 When this Bond has been fitmished to comply with a statutory or other legal requirement in the location where the construction was to be perforated,any provision fn this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to;such statutory or other legal requirement shall be deemed incorporated herein,When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common luw bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor Is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §'14.2 Construction Contract.'Ilse agreement between the Owner and Contractor Identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents, §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or othenvise to comply with a material term of the Construction Contract. §14.4 Owner Default,Failure of the Owner,which has not been remedied or valved,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, §14,5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is Issued for an agreement between a Contractor and subcontractor,the term Contractor In this Bond shall be dcomcd to be Subcontractor and the term Owner shall be deemed to be Contractor. S-18521AS 8110 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 §9S Modiirications to this bond are as follows: (Space is provided below for addilfonal signatures of added parifes,other Than Those appearing on the cover page.) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signanire: Signature. Name and Title: Name and Title: Address Address S-1852/AS 8/10 DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 - 1 - -AiC Q000141 ti35 THIS POWER,OF ATTORNEY I5 NOT VALID UNLESS IT I'S PRINTED ON BLUE BACKGROUND, This Power of,Attorney limits the acts o>*those named"herein, and thgy have no autliorlty to bind thei Company except,ln the manner and t+o Via extent herein states Not ,alld for Mortgage, Note, Loan,'-Letter 6/Credit, Bank Deposit, Currency Ra fe;_ = interest Rate or Residential Value Guarantees, POWER OF:ATTORNEY K now All Ferraris By These Presents That the Arcfi"insurance Company, a corporation,-organised and existing under the laws of the State of Missouri, having its principal, administrative office in Jersey City,New Jersey(hereinafter referred to as the"Company")does hereby appoint: m:GamNle IVlaitiand Caiekte`Ft.Chisholn Qbsiree Cardllm George 0 Machdi- Lee Ferrucci Ne. a lRenchiw ch, - Sagtstano,Roberf T,Pearson,Susanlupski,Toornas Seart,and Vincent A, halsh of tlniandale,NY_{EACH)' - its true and lawful Attorney(s)in Fact,,to make,,execute,seal,and deliver from the date of issuance of this power for and on its behalf as suretwand as its act and;deed: ' Any and ali bonds,undertakings,recognizances'arid-other surety,obligations;in the:penal sum not{exceeding Ninety Malian Dollars($90.00O,OOt7 00 This authority does not permit the same obligation to be split into two or m©re bonds In order to bring each such bend,within the doliar limn of authorityas seftorth herein: The exeozrtionvctf-such bonds, undertakings, recognizant s and other surety.obiigat(cins in pur;;uance of these presents shall be as bintl(ng"upon the said Company as:fully and amply to'ill,intents and purposes, as 'i f 1he same had been duly executed and k now i tig- by its reguta"riy elected officers at its principal'administrative office iri 3ersey City New Jersey. - This Power of Attorney is executed by'authority of resolutions adopted by unanlmous consent of the Board of Directors of the.Company on September I5, 2011,.true"and_accurate copies;of.Lwhich are hereinafter set forth and are hereby certified to by"the undersigned Secretary as being in full force and effect- - "VOTI_D,That the Chairman of the�oard�the President,�drthe Executive Vice President,or_any'Sentor Vice:Presldent,of the_Surety_' Business Division;or their appointees de�gnated an writing and filed with the Secretary, or'ttie Secretary shall fiave-the power and a4thority.to appoint agents and attorneys-in4act,and to authorize thorn subject to the II'mitations set forth iri their respective,powers of ; attorney,to execute on behalf of the,Company,and attach the seal of the Company`=tfiersto,bonds, undertakings, recognizancrrs and other surety obligations obligatory in the nature thereof,and any,such officers of the Dompany may'appoint agents for acceptencp of - ptpcass _;This;Power: 'A#tarney is signed,'!_ 14and certified'by facsimile under aril by authority'pf the following resolution adopted`by the unanlmous consent of the,Board of blrectors of the Company on September 15,2011 VOTED,That the signature of the"Chairman of the Board,the President,or the-Ex iutlVe Vi ce President,or any Senior Vice President, of the Surety Business Di"vision, or their appoinTeeS designated in writingy.and flied lwilh, the Secretary, Arid the slgnature'of the Secretary;the seal of the,Company,and certifications by the Secretary, maybe affixed by facslritile an any-power-..o f"attorney or bond_— executed pursuant to the resolut1q ado tamed by>6-Board of'Directors on Septembei`-15;,20111;and any such power so executed, sealed and certified with respect to any bond or undertaking to.which it is attached,!shall a4ntinue-to;be,valid and banding upon the Company; OOMLOO1:3 00 03 03 Page 1 of 2 Printed in U.S.A. DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 AIC 0000141835 In Testimony Whereof, the Company has caused this Instrument to be signed and its corporate seal to be affixed by their authorized officers,this 3'(1 day of February,2015. Attested and Certified Arch Insurance Company __ Patrick K.Nails,Secretary David M. in a stein,Executive Vice President 44sovti, STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS i, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth, tlFtMONwEAE Op��! tA NtyT1UM SEAL. HELEN WAFRAN,Nox)lib Clty of PhVMa1phia,PW� Ccu i *,iort fiber 3,201 /llen Szafran, tary Pubii My commission expires 10103/2017 CERTIFICATION I,Patrick K. Nails,Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated February 3, 2015 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is In full force and effect on the date of this certificate;and I do further certify that the said David M. Finkelstein,who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company, IN TESTIMONY WHEREOF, I hav reunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this_______day of-.M> Patrick K.Nails,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 1500 �g�t� 1 � Philadelphia,PA 19102 �j _ .0 +zaxn i+Ye '0 D SIX �vn IV �(SfOYfi; OOMLOO13 00 030 page 2 of 2 Printed in U.S.A. DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 ACKNOWLEDGEMENT OF PRINCIPAL—IF A CORPORATION STATE OF .. . . �-)' S COUNTY OF. . . . ........... On th' . .-/ .�.:. ........... day of..-�..:��....... before me personally appeared to be known,who, being by me duly sw,orb,di epo$e and say; that he/she r des t , that he/she is the ��/ ....... , ,... of corporation described in 'c � rp and which executed the within insurance instrument; that he/she knows the seal of said corporation; that the seal affixed to said inst qq s such corporate seal; that is was so affixed by the Board of Directors of said corporation; and,h1d his/her name thereto by like order. ACKNOWLEDGEMENT FOR PRINCIPAL,IF LIMITED LIABILITY COMPAT�X�j�yyAKF yCp�a�`� STATE OF .........................) SS COUNTY OF .......................} Onthis ............................. day of ..................... , .......,........ before me personally appeared .......................................................................... to me known and known to me to be the I...... ..... ...................... .....................of ..............................................................., a Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me that he/she executed the foregoing insurance instrument and acknowledged to me that he/she executed the same as and for the act and deed of said Limited Liability Company, ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ,.NEW YORK SS COUNTY OF ..NASSAU,.......} MARCH 12, 2015 SUSAN LUPSKI Onthis ..,......I.................... .. before me personally came.......................,................,.,....... to me known, who, being by me duly sworn, did depose and say; that he/she resides in .RgA,�U.COUNTY. ........... State of......New.York.............................at he/she is the Attorney-In-Fact of the ,ARCH INSURANCE COMPANY.. ......................... .....the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section I I I I of the Insurance Law of the State of New York, issued to .,ARCH(NSURANCE Ct ...... , (Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of acceptin a ing it as such; and that such certificate has nol;been revoked. GRACE ACKER50N Notary Pudic,State of New York ...... .......•..I.........•.• Nassau County Notary Pu 7C Uc.#01AC6111590 'term Expires June 14,2016 NY acknowledgment DocuSign Envelope ID:29F350EB-0553-4EEB-BD97-898B3775EE03 ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2013 Assets Cash in Banks $ 113,241,149 Bonds owned 1,730,368,149 Stocks 433,238,605 Premiums in course of collection 251,285,768 Accrued interest and other assets 312,730,603 Total Assets $ 2,840,$64,274 Liabilities Reserve for losses and adjustment expenses $ 1,200,735i312 Reserve for unearned premiums 307,521,736 Ceded reinsurance premiums payable 105,942,093 Amounts withheld or retained by company for account of others 188,907,409 Reserve for taxes, expenses and other liabilities 301,130,327 Total Liabilities 2,104,236,877 Surplus as regards policyholders 736,627,397 Total Surplus and Liabilities $ 2,840,864 274 By: Attest: senior ice President, Chief Senior Vice President, Financial Officer and Treasurer General Counsel and Secretary State of New Jersey SS County of Hudson ) Thomas James Ahern, Senior Vice President, Chief Financial Officer and Treasurer and Patrick Kenneth Nails, Senior Vice President, General Counsel and Secretary being duly sworn, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 201.3, Subscribed and sworn to before me, this L day of March, 2014 Notary Public ALM s O 16 N M#.2411 EL L 0 TNs n 013 Notary Pot, st to f My COMM $S10 I X Ires 0 AU ust 03, 21l 1