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HomeMy WebLinkAboutAgenda - 10-19-1999 - 9aORANGE COUNTY BOARD OF COMIVIISSIONERS J ACTION AGENDA ITEM ABSTRACT Meeting Date: October 19, 1999 Action Agenda Item No. ~_~_ SUBJECT: Appointments -Regular DEPARTMENT: Board of Commissioners PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFOI~:MATION CONTACT: Under Separate Cover Clerk's Office, ext. 2130, 2125, 2129 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: The attached recommendations are being presented to the Board of Commissioners for their consideration. BACKGROUND: • Board of Health • Information Technology Advisory Committee • Mebane Planning Board FINANCIAL IMPACT: None RECOMMENDATION(S): As the Board decides. C:w l)OCUmenisWPPO1NTMENT51101980W0ebstr.riot; Lest printed 10/14/8012:01 PM ,o,~,c ~© ~ ~- 9~ ~, AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of paymcmt u a STIPULATED SUM 997 E®IT10N THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 7be 1987 Edltton ojAlA Document AZ01, General Conditions of the Contract for Construcilon, is adopted in this document by reference. Do not use with other general conditions unless tbls document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the First Nineteen Hundred and EETwEEN the Owner: (Name and address) . day of November Ninety-Nine Orange County Orange County Public Works Highway 86 North Hillsborough, NC 272fiS in the year of and the Contractor: "Owetla Roofing Inc . ~~~~~) Raleight NCbar~~s0~t. The Protect is: Remedial Roofing -Selected Areas (Name andtocatkm) Richard E. Whitted Human Services Hillsborough, NC The Architect iS: CTL Engineering, Inc. (Name and address) 1500 E. Club Blvd. Durham, NC 27704 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The Ameripn institute of Archi- tects, 1735 Ncw York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of !ts provisions without written pennlssion of the AIA viotaces the copyright lawa of the United States and will be subject to legal proseNtion. AIA t)OCUMENT A101 • OWNER~CONTRACTOR AGRF.FatENT • TWF.r.FTli EDITION • AlA~ • ®1987 THE AMERICAN [NSTi7'UTE OE ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101'1987 1 WARNING: Unikensed photocopylnp violates U.S. CopyrlQht laws snd b wblect to sepal ptoseartlon. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contact (General, Supplementary and other Conditions), Dcaiwings, Specifications, addenda issued prior to execution of this Agreement, ocher documents listed in this Agreement and Modifications issued after execution of this Agreement• chest form the Contact, and are as fully a part of the Contact as if attached to this Agreement or repeated herein. The Contact represents the entire and intcgated agreement between the parties hereto and supersedes prior negotiations, t+eptrsentations or agtecmencs,either written or oal. An enumeation of the Contact Documents, ocher than Modifications, appears in Article 9• ARTICLE 2 THE WORK OF THIS CONTRACT , Consists of furnishing all labor, materials, and equipment necessary to perform the remedial roofing of selected areas of Richard E. Whitted Human Services, Hillsborough, North Carolina. 'The work will include replacement of all roof systems, including related flashings and sheet metal. All work to be performed per plans and specifications, dated September 14, 1999. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of mmmencanent Ls the date from which the Contact Time of Paagaph 3.2 is mcastucd, and shall be the date of this Agreement, as fast written above, unless a different date is stated below or provision is made for the date to be fixed in a notice -to prooced issued by the Owner._ (insert the date of cammencement, /j!t differs from the date of tblS Agreement or, tj apptltable, state tbat the date w!!! be fixed fn a notice td proceed.) The date will be fixed in a Notice to Proceed. Unless the date of.rnmmeno,:ment is established by a notice to proceed issued by the Owner, the Contactor shall notify the Owner in writing not kss than five days before mmmrndng the Work to permit the timely filing of mortgages, mechanic's Gcns and other sccccrity interests. 3.2 The Contractor shall achieve SubstantI.zl Completion of the entire Work not later than (insert the calendardate or numberojtalercdardayrafterthe dateojrnmmencement. Also 1nseRany requlremerctsfor ear(!er Substantla(Completlon ojcer- ta/n por!lorer of the Work, /j not stated elsewhere to the Gontraa Documents.) 120 Calendar Days subject to adjustments of this Contact Time as provided in the Contact Documents. (lrcsert prurlslurcs, ij mry, Jor !!quldated damages relatlrtg to ja/lure !u cumplete art lime.) . .Liquidated damages will be assessed at a rate of $200.00 per day, for each and every day, the project remains incomplete beyond the scheduled completion date, as noted above. /ltA OOCUGtENT' A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EO(TION+ AIM • ©19A7 A~Q j_1987 2 THE AMERICAN INSTITUTE OF ARCIiiTECTS, 17;5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20t)QCi WARNIPtG: Unlicensed photocopyir-q viotaees U.S. copyr4pht laws area u sublets to kyal prosecu:t«,. ARTICLE 4 C4NTRACT,SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's pecforlnance of the Contract the Contract Sum of One Hundred Ninety-Four Thousand, One Hundred Eleven ~~ ~: 194, 111.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following aitemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other tdentijttatlon ojaccepted alternates. /Jdecistons on other alternates are to be made by. the Owner subsequent to the execution of this .agreement, attach a schedule of such other alternates showing the amount jor each and the dale unit! which that amount, is valid.) None 4.3 Unit prices, if any, are as follows: Unit prices are as noted on the proposal form. AlA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDtTiON • AtA• • ©1987 A~~~~1987 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WAFINING: Unlicensed photocopying violates U.S. copyright laws snd Is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Apptications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the 2nd day of the month and approved by the owner not 1 ater than the lOthday of a month, the Owner shall make payment to the Contractor not later than the 30th day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than the 30th day of the following month darts after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require: This schedule, unless objected to by the Architect,. shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of.the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of tine total Contract Sum allocated w that portion of the Work in the schedule of values, less retainage of ten percent ( 10 %). Pending fuial determination of cost to the Owner of changes in the Work, amounts not in the dispute maybe included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Stun properly'allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation In the completed construction (or, if approved in advance by the Owner; suitably stored off the . site at a location agreed upon in writing), less retainage of ten percent ( 10 %); 5.6.3 Subtract the. aggregate of previous payments made by the Owner; and 5.6.4 Subtract amotmts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.T The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: As allowed by the contract doc~mlettts 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent ( 90 ~ %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, If any, shall be as follows: (/j Jt is irrterrded, prior to Substantlat CompleJlun of the entire Work, to reduce or /!coil the retainage resulting jrom the perrxntages Inserted In Subpara- graphs 5. ti. t acrd S. (i.2 above, and Ibis is xut explaixed elsembere lx the Contract Documents, Insert here provlstons jor such reduction or /imttatlon.) As noted herein. AU DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AUK • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 4 WARNINf:• I /nll~rnarkl nhntrx~nnvlnn vinlMwi< I I R rnrwAnht Ir•wa r•ntl Iw wrrhlwM to {wnnl nm+uM+~tMn ARTICLE 6 FINAL PAYMENT Final payment, mnstItutIng the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibllity to rnrrect nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive fulai payment; and (2) a final Certificate for. Payment has been issued by the Architect; such Final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Protect is located. (insert rate of interest agreed upon, ij any.) (Usury taws and requirements under the Federal Trutb in Landing Act, stmitar state and local wnsumer credit taws and otber regulations at the Owner's acrd ContraUor's principal places of business, the lotation of the ProfeU and elsewhere may ajject the validity ojtbls provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.] T.3 Other provisions:. None. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in ArtIcie 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided >n Article t4 of the General Conditions. AU1 DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT ~ TWELFTH EDITION ~ AIA~ • ©1987 A1O1.1987 5 THE AMERICAN INSTITUTE OF ARCHITECTS, ! 735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 WARNING: Unl~ensed ohotocooWrw violates U.S. copyright Isws end Is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Fotm of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract. are those contained in the Project Manual dated September 14, 1999 ,and are as follows: Document Title Pages Supplementary Conditions 32 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Ettber list the Specljicatlons here or refer to an exblblt attached to tbfs Agreement.) Section Title Pages See attacYmient. AU1 DOCUMENT M01 • OWNER•CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA~ • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON,.D.C. 211006 A101-1987 6 WARNING: Unlicensed photocopying oblates U.S. copyMght laws end is subject to legal prosecution. 9.1.4 Attachment Section Title Pages 01010 Summary of Work 3 012DD Project .Meetings 2 01300 Submittals 3 01310 Construction Schedule 3 01320 Progress Reports 1 D140D Quality Control 2 01500 Temporary Facilities and Control 5 01530 Tree and Plant Protection 2 01600 Material and Equipment 4 01701 Project. Closeout Procad~res 4 01710 Cleaning 2 01720 Project Record Documents 2 01750 .Warranties 3 D2D7D Selective Demolition 3 02080 Removal of Asbestos Containing Roofing Materials 3 02090 Removal and Disposal of Lead-Containing Paint 11 04520 Masonry Restoration 5 D6.114 Rough .Carpentry 4 07175 Water repellent Coating 3 07212 Board Insulation 6 07535 Polymer Modified Bituminous Membrane Roofing 7 D7.82D Sheet Metal Flashing .and Trim 8 07920 Sealants and Caulking 6 09910 Exterior Painting 4 9.1.5 The Drawings are as follows, and are dated September 1999, unless a different date is shown below: (F.itbcr list the Drau~iuxs here or rejrr to arr exhibit attached kr this AgrcKmext.) Number Title Date 1 Roof Plan - Building 1 2 Roof Plan - Building 2 3 Parapet Wall 4 Gutter 5 Counter Flashing 6 Cornice / Watertable 7 Scupper 8 Curb Flashing 9 Vent 10 Roof Drain 11 Transition • 12 Transition Termination 9.1.6 The addenda, if any, are as follows: Number Date Pa$~ 1 September 22, 1999 9 2 October 5, 1999 1 Portions of addenda relatingto bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER•CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(xxt6 A~ 01-1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and to subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (Ust here any additional documents wbtcb are Intended to jorm part of the Contract Documents. 7be General Condtttons proutde that bidding requtremenu such as advertisement or tnuttatton to bid, Instructions to Bidders, sample jorms and the Contractor's btd are not part ojtbe Contract Documents unless enumerated in this Agreement. 77~cry should be listed here only ij Intended to be part of the Contract Documents.) Advertisement for-Bids Instructions to Bidders Proposal,Form Membrane Manufacturer's Certificate This Agreement is entered into as of the day and year first written above and is executed In at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER Orange County G~ ~ ~:~.~,~~J (Stgttature) t C,e~ Il/~. ,l~io rC~o-1, Ch.Ct. i r (Printed ttame and title) CONTRACTOR Owens Roofing Inc. (Stgttature) Bert Owens, President (Printed name atui title) ~ 1 CAUTION: You should sign an original AIA document which has this .caution printed in red. An original assures that changes witl not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWE[.FI'H EDITION • AIA~ • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 8 WARNING: Unlicensed photocopying vbtatea U.S. copyrighYlaws and Is subject to legal prosecution. • THE AMERICAN INSTITUTEOF ARCHITECTS Bond # CONTINENTAL AlA Document A31 i Performance Bond KNOW ALL MEN BY THESE PRESENTS, that OWENS ROOFING, INC. 301 WEST CABARRUS STREET, RALEIGH, NC 27601 as Principal, hereinafter. called Contractor; and Continental Casualty Company CNA PLAZA Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and firmly bound unto ORANGE COUNTY HIGHWAY 86 NORTH HILLSBOROUGH NC 27278 _ as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED NINETY FOUR THOUSAND ONE HUNDRED ELEVEN & 00/100 DOLLARS ($194,111.00) for the payment- whereof Contractor ~ and Surety bind themselves; their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. - WHEREAS, Contractor has by written agreement dated NOVEMBER 1, 1999 , entered into a contract with Owner for RICHARD E WHITTED HUMAN SERVICES in accordance with Drawings and Specifications prepared by ,~ CTL ENGINEERING; _ .INC _ - .. .. _ _ _. E. CLUB BLVD. DURHAM NC 27704 ~ ~~~ .• which contract is b~ reference made a part hereof, and is hereinafter referred to as the Contract. AIADOCUMENTA311 - PERFORMANCEBOND AND LABORAND MATERIALPAYMENTBOND • AIA® FEBRUARY 1970 ED. • THE AMERICAN INSTITUTEOF ARCHITECTS,1738 N.Y. AVE., N.W., WASHINGTON, D.C. 20008 1 PERFORMANCEBOND NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration contracts of completion arranged under this paragraph) or extension of time made by the Owner. sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs Whenever Contractor shall be, and declared by Owner and damages for which the Surety may be liable hereunder, to be in default under the COntract, the Owner having the amount set forth in the first paragraph hereof. The term performed Owner's obligations thereunder, the Surety may "balance of the contract price," as used in this .paragraph, promptly remedy the default, or shall promptly shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the 1) Complete the Contract in accordance with fts terms and amount properly paid by Owner to Contractor. conditions, or Any suit under this bond must be instituted before the 2) Obtain a bid or bids for completing the Contract in expiration of two (2) years from the date on which final accordance with its terms and conditions, and upon payment under the Contract falls due. determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the No right of action shall accrue on this bond to or for the Surety jointly of the lowest responsible bidder, arrange fora use of any person or corporation other than the Owner contract between such bidder and Owner, and make named herein or the heirs, executors, administrators or available as Work progresses (even though there should be successors of the Owner. a default or a succession of defaults under the contract or BOND PREMIUM BASED ON _ FINAL CONTRACT PRICE Signed and sealed this 3 DAY OF NOVEMBER 1999 OWENS ROOFING, INC. - . (Pririclpal) (Seal) Continental Casualty Company ~ (Surety) (Seal) (Witness) ~/ ~~l ~ Mary N. Burns VATTORNEYIN FACT AIA DOCUMENT A311 -PERFORMANCE 80ND AND LABOR AND MATERIALPAYMENTBOND -AIA FEaRUARY1970 ED. -THE AMERICANINSTITUTEOF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON,D.C. 20008 2 THE AMERICAN INSTITUTEOF ARCHITECTS Bond # CONTINENTAL AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCEBOND IN FAVOROF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCEOF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS, that OWENS ROOFING, INC. 301 WEST CABARRUS STREET, RALEIGH, NC 27601 as Principal; hereinafter called Principal, and Continental Casualty Company CNA PLAZA Chicago, Illinois 60685 as Surety, hereinafter called Surety, aze held and firmly bound unto - ORANGE COUNTY. HIGHWAY 86 NORTH HILLSBORO>rTGH NC 27278 as Obligee, hereinafter called. Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED NINETY FOUR THOUSAND ONE HUNDRED ELEVEN & 00/100 DOLLARS - ($194,111.00) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. - WHEREAS, Principal has by written agreement dated NOVEMBER 1,1999 ,entered into a contract. with Owner for _ RICHARD E V~/HITTED HUMAN SERVLCES in accordance with Drawings and Spec;<fications prepazed by ~~,~,,._ r _ .. _._ CTL„ENGINEERING; INC . ' E. CLUB BLVD. DURHAM NC 27704 ~ ~ -- ~ ~ . which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCEBOND AND LABOR AND MATERIALPAYMENTBOND •AIA FEBRUARY1970 ED. • THE AMERICANINSTITUTEOF ARCHITECTS.1735 N.Y. AVE., N.W.. WASHINf3TON,D.C. 20008 3 i-ABOR AND MATERIALPAYMENTBOND NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however to the f II 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the principal .for labor, material, or both used or reasonably required for use in the performance of the Contract, labor and material being: construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract. 2. The above named Principal .and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before :the expiration of a period of ninety (90) days after the date on which the last of such claimants work or labor was done or performed, or materials were fumished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The owner shall no be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder. by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any finro of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fumished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the Signed and sealed this 3 DAY OF NOVEMBER 1999 Mlitness) o owing condrhons: party to whom the materials were fumished,• or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer.. b) After the expiration of one (1) year following the date on which principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and 'for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district to which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inciuslve of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. OWENS ROOFING, INC. {Principal) ~~:=~ ` (~'~e) ~`tinenta asuattyo (Surety) i ,s~d~~« }"~~ (Witr~ess) (Seat) (Seal) _: ~ '. Mary N. Burns '~-~ORNEYtN FACT AIA DOCUMENT A311 - PERFORMgNCEBOND AND LABOpANp MATERrALPAYMENTBOND -AIA® FEBRUARY1970 ED. • THEAMERICANINSTI'rU'rEppgRCHiTECTS,1735 N.Y. AVE., N.W., WASHINGTON,D.C. 20008 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Dale E Clark Mary N. Burns Brian A. Clark Wendy M. Lands, Individually of Charlotte, North Carolina their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and. all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 25th day of August 1999 =~~'GASIJq~T ~ ~~QE 1NSUggqc~ CONp~AtE +~ ,q !- • 'O ~ 'o v SEAL ~ s ~. t 1891 CONTINENTAL CASUALTY COMPANY y~o+~1tPQ~'gr NATIONAL FIRE INSURANCE COMPANY OF HARTFORD h AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA . , . ~ Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 25th day of August 1999 ,before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE~COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to-like authority, and acknowledges same to be the act and deed of said corporations. - DIANE FAUI.KNER ~ ~~„~ • ~ Notarb pulblip, >6tsts ott Ilttnois i - Q~t~'..~bC-rna/`~,_ •• Nlr fwommtssia+ ExPi'~s »/17/04 • ••1N•••••••••••••~•~•1••••Z My Commission Expires September 17, 2001 ~ 'Diane Faulkner Notary Public ..... ... „ ... .. _ ti1+~:7at`~ ~s•":~i ..I:•_ .:~ -., . 1.. CERTIFICATE? ._. _ ..~ ;, :o,~;; - . _ .. I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify thatthe By-Lavfand~,Resolution of theyBoa_rd~cf._Dire~cSors~of~each.corporation printed on the reverse hereof are still in force:.In testimony whereof I have hereunto subscribed my name and. affiXed the seals of the . , ,~ _ .. ,n"- said corporations this ~j .day of /V 0 U(~G!/~-~ _~ CONTINENTAL CASUALTY COMPANY ~~GAStJq~Ty t,~E iNSUgq~~ ~`~,anvo~,t„ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ,~'~ ~pron~rE ~7 q ~ &~ .~~0~to ~ O • 2+ ~~ ~' 1U~Y90771, y;~,~ 1 ~ SEAL `~' s, • ~7 ~' 1897 Mary A. Ribikawskis Assistant Secretary (Rev.10/1 /97). Authorizing By-Laws and Resolutions ADOPTED 8Y THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Companythereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of .Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws; and the signature of the Secretary or an Assistant Secretary and the seal of the Company may 6e affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certficate so executed and sealed shall, with respect to any bond or undertaking to which it is attached; continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article V1-Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may,. from time to time, appoint by written certificates attorneys-in-facfto actin behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attameys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group vice President may at anytime revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following .Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the i 7th day of February, 1993. - "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the. signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certficate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and cert~ed by certficate so executed and sealed shall, with respectivo any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL.FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. _ . "RESOLVED: That the President, an Executive Vice President; or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations'set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The. President, an Executive Vice President, any Senior or Group Vice President or: ~ . the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resoluuticn adopted by this Board of Directors on February 17; 1993 and the signature of a Secretary or an Assistant Secretary'and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shallbe valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." Client#: 1594 ~w>~ N~R~n ~'~Q,~ CERTIFICATE OF LIABILITY INSURANCE ioi`i9/ /99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis-Garvin Agency, IriC . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 21627 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Columbia, SC 29221-1627 8 0 3 7 3 2- 0 0 6 0 INSURERS AFFORDING COVERAGE INSURED INSURER A: CRSMC - S I F Owens Roofing, Inc . INSURER B: 301 West Cabarrus St. INSURER C: Raleigh, NC 27601 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDfTION OF ANY CONTRACT OR OTHER DOCUMENT WfTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T11E TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE D POLICY EXPIRATION D M DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ -~ i !COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone tire) $ __ __ L_~ CLAIMS MADE OCCUR MED EXP (Any one person) _ $ ~ ' PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ iGEN'LAGGREGATELIMITAPPLIESPER: - PRODUCTS-COMP/OP AGO $ ~ POLICY 'PRO- LOC j AU ~! TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ ! ~ HIRED AUTOS BODILY INJURY j I NON-OWNED AUTOS (Per accident) $ ~~ P OPERTY R DAMAGE ~ $ ! (Per accident) I GARAGE LIABILITY AUTO ONLY- EAACCIDENT~ $ ANY AUTO ~-- OTHER THAN EA ACC $ I ~ I AUTO ONLY: AGG ____ $ i EXCESS LIABILITY EACH OCCURRENCE $ '. OCCUR ~ CLAIMS MADE AGGREGATE $ -- I $ DEDUCTIBLE ~ $ I 'RETENTION $ $ A i WORKERSCOMPENSATIONAND ~ ~ SI1999 01/01/99 01/01/00. x WCSTATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1 O O O O O O i E.L.DISEASE-EAEMPLOYEE $1, O O O ,_ O O O E.L. DISEASE-POLICY LIMI $1 O O O O O O OTHER DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Richard Whitted Human Services, Remedial Roofing SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION .County Of Orange DATETHEREOF,THEISSUINGINSURERWILLI MAIL3_(Z_DAYSWRITTEN 13 2 East King St . NoTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, t? Hillsborough, NC 27278 REPRESENTATIVE ACORD25-S (7/97)'1 of ~ ff~22F72/MdAFti f-'(''C (~ 4f~(~Rn Cl7RPf1RATIf1N 19RA IMPORTANT If the certificate holder. is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(~/s~)2 of 2 #522672/M4965 AIA Document A101 Standard Form of Agreement Between ~~ ~ ®wner and Contractor where the basis of pay»umt is a STIPULATED SUM. 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED t~ITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Gontractots of AmerIp. AGREEMENT made as of the First day of November Nineteen Hundred and Ninety-Nine BETWEEN the Owner: Orange County (Name andadds~ss) Orange County Public Works Highway 86 North Hillsborough, NC 27278 and the Contractor: Owens Roofing Inc. (lYameandaddress) 301 West Cabarrus St. Raleigh, NC 27601 The Protect is: Remedial Roofing -Selected Areas (Name arul tocatton) 501 / 503 W. Franklin St . Chapel Hill, NC The Architect iS: CTL Engineering, Inc. (Name and address) .1500 E. Club Blvd . Durham, NC 27704 The Owner and Contractor agree as set forth below. in the year of Copyright t9t5, t9t8, 1925, t937, 1951, 1958, t961, 1963, 1967, 1974, 1977, ©1987 by The Amerlpn tnstltute of Atchi- tccts, 1735 Ncw York Avenue, N.W., Washington, D.C. 20006. Reproduction of the mateNa! herein or substantial quotation of Its provisions without wNtten permission of the AIA viotates the copyright laws of the United States and wUi be subject to legal proseNUon. AIA DOCUMtEtlT A101 •OWNER-CONTRACTOR AGitEEMENT • 'fWE4FTH EDITION •AIA• • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A'1 O'i •1957 1 WARNINCd: Unikxrsaed photocopying oblates US. copyright laws and b subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agrcemcnt, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agrcemcnt; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the. entire and integrated agreement between the parties hereto and supersedes prior negotiations, tcptrsenations or agreements, either written or oral. An rnumetation of the Contract Documents, other than Modifications, appeals in Article 9: ARTICLE 2 THE WORK OF THIS CONTRACT Consists of furnishing all labor, materials and equipment necessary to .perform the remedial roofing of selected areas of 501/503 West Franklin St. Chapel Hill, North Carolina. The work will include replacement of all slate, asphalt shingles, and select areas of low-slope roof systems, removal of all terra cotta coping, and installation of new copper coping, including all related flashings, sheet metal, and trim. All work to be performed per plans and specifications dated September 14, 1999. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Conttxet Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a differertt date is stated below oc provision is made for the date to be fixed in a notice ,to proceed issued by the Owner. (lnsM the date of commencement, Ij It dtjjerx jrom the date of tbls Agreement or, tj appllcab{e, state. fbat the date w!!I be jlxed to a notice to pi+aceed.) The date will be fixed in a Notice to Proceed. ~ ~~ Unless the. date of commcnoement is established by a notice to proceed Lssued by the Owner, the Conuactor shall notify the Owner Tn writing not kxs than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall.achieve Substantial Completion of the entire Work not later than (Insert the calerrdardate or rtumberojtatendardaysajterfbedate ojcommeruemenL Also Desert any requirements jor earlterSubstanttal Completion ojcer- tatrt porttont of the Work, tj nat stated Nseurberr trt the tontrau Documents) 90 Calendar Days subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prur•lstuns, ij arry, jar liquidated damages relating to jatlure to complete un Ume.) Liquidation damages will be assessed at a rate of $200.00 per day, for each and every day, the project remains incomplete beyond the scheduled completion date, as noted above. AfA OOCUMEIYT A101 • OWNER•CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA• • Q1987 A1O1-19$7 2 THE AMERICAN INSTITUTE OF ARC{{ITECTS, 1735 NEW YORK AVENUE,. N.W., WASHINGTON, D.C. 20p{Xi WARNING: UMicenscd photocopying violates U.S. twpyr{ght taws and t< std,leet to ieyal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred 'Thirty-One Thousand, Eight Hundred Seventy Dollars ~= 131, 870.00. ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other tdentljication ojaccepted alternates. ljdectsions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule ojsucb other alternates showing the amount jor each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: Unit prices are as noted on the proposal form. '~- AU OOCU6tENT At01 •OWNER-CONTRACTOR AGREEMENT ~ TWELFTH EDrftON ~ AtA~ • ©x987 /101.1987 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Uniicenaed photocopying violates U.S. coplMgM laws rind to sub(ect to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the 2nd day of the month and approved by the owner not later than the 10th day of a month, the Owner shall make payment tp the Contractor not later than the 30th day of the same month. If an Application for Payment is received by the Architect after the application date faced above, payment shall be made by the Owner not later than the 30th day of the following month days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of.the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten ~ percent ( 10 %). Pending final deternnination of cost to the Owner of changes in the Work, amounts not in the dispute maybe included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the. site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner; suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: As allowed by the contract documents 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety ~ percent ( 90 ' %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retaInage, if any, shall be as follows: (/j If is iutcnded, prtur to Substantfa! Completion of fbe enure Work, to reduce or limit !be reta/Wage resuUtng from the perccmtages inserted in Subpara- graphs 5. (i. I and S.G.2 aburr, dud tbts is nut explained elsewbere•tn the Contract Documents, Insert here provisions jor such reduction ur ttmttatton.) As noted herein. AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AtA~ • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101~1987 4 WGiaNiN(:• I InNrw~n•Kt nhntnrnnvlnn viniwtww 11 S rnnvrlnht iwww wnA iw w~~h1oM. to Iwnwl nm+cor+Nlnn ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to rnrrect nonconforming Work as provided In Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessazlly survive final payment; and (2) a final Cert~cate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 3~ days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE T MISCELLANEOUS PROVISIONS T.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall beaz Interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (insert rate of interest agreed upon, ij any.) (Usury taws and requirements under the Federal Truth to Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and GontraUOr's principal places of business, the location of the ProJeU and elsewhere may ajject the validity ojtbts provision. Legal advice should be obtained with respect to deletions or modijtcattons, and also regarding requirements such as written disclosures or waivers.) T.3 Other provisions: None. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article t4 of the General Conditions. AIA DOCUMF_NT A101 •OWNER-CONTRACTOR AGREEMENT • 1'WE[.FCH EDtTiON • AIA• • ©t987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.c. zooo6 A101-1987 5 WARNING: Unikenaed otatocopvirw violates U.S. copyright laws end is sut>fect to legal prosectttttm. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued aftec execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AW Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 ,The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated . September 14, 1999 ,.and are as follows: Document Title Pages Supplementary Conditions 32 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: .. (Ettber list the Specijtcattons bere or refer to an exhtbtt attached to tots Agreement.) Section Title Pages See attachment. AtA DOCUMENT A101 • OWNER•CONTRACTOR AGREEMENT • TWELF?H EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.c. zooo5 A101-1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws end is dubJect to legal prosecution. 9.1.5 The Drawings are as follows, and are dated (fitber ttst the Urau~irrgs .here nr refer to a+r exblhtt attached !a tbts'AgrcKmeut.) Ntunber Title See attachment. 9.1.6 The addenda, if any, are as follows: Ntunber 1 2 Date September 22, 1999 October 5, 1999 unless a different date is shown below: Date Pages 9 1 Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A701 •OWNER-CONTRACTOR AGREEMENT • TWELFrH EDITION • A-A° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(x106 Al 01'1 JH7 7 WARNING: Unlicensed photocopying violates U.S..copyright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents aze as follows: (List here any additional documenu u~btcb are Intended to form part ojtbe ContraU Documents. 7be Gerserat Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part ojtbe Contract Documents unless enumerated in this Agreement. They should be tilted here only !j lnlended to be part of the Contract Documents.) Advertisement for Bids Instructions to Bidders Proposal Form Membrane Manufacturer's Certificate This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for rase in the administration of the Contract, and the remainder to the Owner. OWNER Orange County (Sigtature) CONTRACTOR Owens Roofing Inc. (Signature) r ~ ~ ~~ ~ , v~-~lv,~ , C.~ d (Printed name and title) Bert Owens, President (Printed name and titre) ~ ~ CAUTION: You should sign an original AIA document which has this caution printed' in red, ® An original assures that changes will not be obscured as may occur when documents are reproduced. AU1 DOCUMENT A101 • OWNER-COtdTRACTOR AGREEMENT • TWELFTH EDITION • AIA• • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2001Xi Al 01.1987 8 WARNING: Unlicensed photocopying vbtates U.S. copyright laws and is subject to regal prosecution. 9.1.4 Section Title Attachment Pages 01010 Summary of Work 3 D120D Project .Meetings 2 01300 Submittals 3 01310 Construction Schedule 3 01320 Progress Reports 1 D.140D Qualit~r Control 2 01500 Temporary Facilities and Controls 3 01530 Tree and Plant Protection 2 01600 Material and Equipment 4 D17D1 Project .C1osEOUt Procedures 4 01710 Cleaning 2 01720 Project Record Documents 2 01750 Warranties 3 02D7D Setec#ave Demolition 3 02080 Removal of Asbestos Containing Roofing Materials 3 04520 Masonry Restoration 5 06114 Rough Carpentry 4 071.75 vVatec.Repellent Coating 3 07212 Board Insulation 6 07310 Asphalt Shingles 6 07330 Slate Roofing 6 D75S5 Pol~rmer Modified.B~tuminous lUlembrane Roofing 7 07620 Sheet Metal Flashing Trim 9. 07920 Sealants and Caulking 6 49910 E~cterior Painting -4 9.1.5 Number Title Attachment 1 Roof Plan - 501 W. Franklin St. 2 J3oof Plan - 5D3 v1/_ Franklin .S#. 3 Slate Edge with Built-in Gutter 4 Dormer Step.Flashing 5 Dormer Step Flashing -Section A-A B DDrmer. Step Flashing-.Section B: B 7 Dormer Step Flashing -Section C-C 8 Valley 9 Step Flashing 1 D .Step Flashing 11 A/C Unit Flashing 12 -Ridge Cap 13 Static Vent 1.4 Pl.umbang Stacy 15 Gutter 16 Rail Curb 17 Vent 1.8 Parapet Wall 19 Parapet WaII 20 Cap Sheet /Shingle Transition 21 Parapet Wall 22 SkyJigh# Flashing 23 Curb .Flashing 24 Scupper with Downspout 25 Scupper with Downspout 2S ~ Chimney Cap 27 Scupper with Downspout 28 Scupper with Downspout 29 Conductor Head 3D f~oof .drain 31 Ice Guard 32 Downspout Strap 33 Transition Termination THE AMERICAN INSTITUTEOF ARCHITECTS Bond # CONTINENTAL ti AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS, that OWENS ROOFING, INC. 301 WEST CABARRUS STREET, RALEIGH, NC 27601 as Principal, hereinafter called Contractor, and Continental Casualty Company CNA PLAZA Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and firmly bound unto ORANGE COUNTY HIGHWAY 86 NORTH HILLSBOROUGH NC 27278 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED THIRTY ONE THOUSAND EIGHT HUNDRED SEVENTY & 00/100~DOLLARS ($131,870.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated NOVEMBER 1, 1999 , entered into a contract with Owner for REMEDIAL ROOFING SELECTED AREAS WEST FRANKLIN COMPLEX in accordance with Drawings and Specifications prepared by CTL ENGINEERING INC E. CLUB BLVD DURHAM NC 27704 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCEBOND AND LABOR AND MATERIA<.PAYMENTBOND -AIA® FEBRUARY1970 ED. -THE AMERICAN INSTI7UTEOF ARCHITECTS,1736 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 PERFORMANCEBOND NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder ,and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. BOND PREMIUM BASED ON FINAL CONTRACT PRICE Signed and sealed this 3 DAY OF NOVEMBER 1999 OWENS ROOFING, INC. (Principal) (Seal) Continental Casualty Company I (Surety) (Seal) (Witness) tl¢I ~ Mary N. Burns A ORNEYIN FACT AIA DOCUMENTA311 - PERFORMANCEBOND AND LABORAND MATERIALPAYMENTBOND -AIA® FEBRUARY 7 970 ED. -THE AMERICAN INSTITUTEOF ARCHITECTS,1736 N.Y. AVE.. N.W., WASHINGTON, D.C. 20006 2 THE AMERICAN INSTITUTEOF ARCHITECTS Bond # CONTINENTAL AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCEBOND IN FAVOROF THE OWNER CONDITIONED ON.THE FULL AND FAITHFUL PERFORMANCEOF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS, that OWENS ROOFING; INC. 301 WEST CABARRUS STREET, RALEIGH; NC 27601 as Principal, hereinafter called Principal, and Continental Casualty Company CNA PLAZA Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and firmly bound unto ORANGE COUNTY HIGHWAY 86 NORTH HILLSBOROUGH NC 27278 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED THIRTY ONE THOUSAND EIGHT HUNDRED SEVENTY & 00/100 DOLLARS ($131,870.00) for the .payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Frincipal has by written agreement dated NOVEMBER 1, 1999 , entered into a contract with Owner for REMEDIAL ROOFING SELECTED AREAS WEST FRANKLIN COMPLEX in accordance with Drawings and Specifications prepared by CTL ENGINEERING INC E. CLUB BLVD DURHAM NC 27704 whicYr contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENTA311 - PERFORMANCEBOND AND LABOR AND MATERIALPAYMENTBOND •AIA® FEBRUARY1970 ED. • THE AMERICAN INSTITUTEOF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract' with the Principal or with a Subcontractor of the principal for labor, material, or both used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimants work or labor was done or performed, or materials were fumished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The owner shall no be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fumished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by .registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located; save that such service need not be made by a public officer.. b) After the expiration of one (1) year following the date on which principal ceased Work on said Contract, it being understood, however, that if any limitation embodied iri this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project,. or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 3 DAY OF NOVEMBER 1999 OWENS ROOFING, INC. (Principal) (Seal) (Witness) Continental Casualty Company (Surety) (Witness) (Seal) .Mary N. Burns ~'fTORNEYIN FACT AIA DOCUMENTA311 - PERFORMANCE80ND AND LABORAND MATERIALPAYMENTBOND - AIA'» FEBRUARY1970 ED. -THE AMERICAN INSTITUTEOF ARCHITECT5,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticutcorporation,.AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Dale E. Clark Mary N. Burns, Brian A. Clark, Wendy M. Lands, Individually of Charlotte, North Carolina their true and. lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 25th day of August 1999 GASU CONTINENTAL CASUALTY COMPANY ~P~ q~T} ~Qt INSURgHCF `~vpNroR,~, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ~2 coprcw~~ ~ v ~,, g~ oaeoa,IT AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Q ~ oT ~t+~ Fo J SEN. `r d ~ ~ 1902 ~,3' _ \ 1897 ~ HAR~~ • Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 25th day of August 1999 ,before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; at he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he :vs the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed ~. ~rsuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ~ "OFFICIA4 SEAL" + - DIANE FAVUWER ~ . • ter,..-~----•2~ ~,~.. • Notary PurDlb. IIDtst• of Ipl~ois • M1t Cortlmisstoo Expires 9/17/01 ; =•oo`®®®®•®®®®®ww•s••••••••• My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF :HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whggreof I have hereunto subscribed my name and affixed the seals of the said corporations this .3 day of N~ UC ~u. h,,,~. ~. GASUq g15UR Mros CONTINENTAL CASUALTY COMPANY ~P~ qty \Q~, gHpF, ~o~ ~ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ~c' capPO~T f ~ ~ ~,, a,'~' ~~ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 4 ~ t? ~~' fps ///^^^~~~ 0 ~ ~ ~ a ~ JULY 31, v SEAL `~ a1. ~ - t 6 1902 ~~ 1897 HA41'~~ • Mary A. Ribikawskis Assistant Secretary (Rev.10l1 /97) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written cert~cates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman. of the Board of Directors, the President or ariy Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate. of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified 6y certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI-Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the,President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective cert~cates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid. and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by:authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written cert~cates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instnaments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or. the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior orGroup Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted, by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary. and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding oh the Corporation." nrav~rTO onn ~B t1,M CERTIFICATE OF LIABILITY INSURANCE ( ,. 10/ 19/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis-Garvin Agency, IriC . ONLY AND CQNFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 21627 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Columbia, SC 29221=1627 8 0 3 7 3 2- 0 0 6 0 INSURERS AFFORDING COVERAGE INSURED INSURER A: CRSMC - S I F Owens Roofing, IriC . INSURER B: 301 West Cabarrus St. INSURER C: Raleigh, NC 27601 INSURER D: INSURER E: GUVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFEp TIVE P pLICY EXPI oATION LIMITS I GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERALUABILITY FIRE DAMAGE (Any one fire _ $ CLAIM MAD a _ S E OCCUR MEDEXP(Anyoneperson) $ PERSONAL & ADV INJURY $ f-~ GENERAL AGGREGATE $ IGEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ ^~ POLICY PRO- ~ I LOC ~ AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ j ANY AUTO (Ea accident) i ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Par person) $ I-J ~ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMA GE $ (Per accident) i ARAGELIABILITY -G AUTO ONLY-EA ACCIDENT $ t ~ i I ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG I --- T $ i EXCESS LIABILITY EACH OCCURRENCE $ _~ OCCUR ~ CLAIMS MADE AGGREGATE $ I DEDUCTIBLE $ ~ RETENTION $ $ A ;WORKERS COMPENSATION AND S I 19 9 9 01 / O l / 9 9 01 / 01 / 0 0 X WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1 O O O O O O E.L.DISEASE-EA EMPLOYEE $~ , O O OJ O O O E.L. DISEASE-POLICY LIMI $1 O O O O O O OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONSADDED BYENDORSEMENT/SPECIAL PROVISIONS Project: 501/503 W. Franklin CompleX, Remedial Roofing County of Orange 132 East King St. Hillsborough, NC ACORD 25-S (7/97)1 Of 2 SHOO LD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,THEISSUINGINSURERWILLt MAIL3.0_DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, ~ 27278 II #522673/M4965 IIZED REPRESENTATIVE / /.. CCS ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. tawnu~o-atiiyi)~ O~ ~ ~F5~~6'/j/M4965